TITLE 19.EDUCATION

Part 7. STATE BOARD FOR EDUCATOR CERTIFICATION

Chapter 230. PROFESSIONAL EDUCATOR PREPARATION AND CERTIFICATION

Subchapter G. CERTIFICATION REQUIREMENT FOR CLASSROOM TEACHERS

19 TAC §§230.191 - 230.194, 230.197, 230.199

The State Board for Educator Certification adopts amendments to the following sections of 19 TAC Chapter 230, Subchapter G: §230.191, relating to educator preparation required in all programs; §230.192, relating to the teacher certificate - elementary; §230.193, relating to the teacher certificate - secondary; §230.194, relating to the all-level teacher certificate in art, music, physical education, speech communications-theatre arts and theatre arts; §230.197, relating to vocational home economic certificates; and §230.199, relating to endorsements. The proposed amendments are being adopted without change. Sections 230.191-230.194, 230.197, and 230.199 were published on February 27, 2004 (29 TexReg 1798) in the Texas Register .

The adopted amendments to §§230.191-230.194, 230.197 and 230.199 reflect new standards-based certificates approved by the State Board for Educator Certification (SBEC) and scheduled for implementation in fall 2004 and the replacement or elimination of certain certificates on or about September 1, 2005. Specifically, the new standards-based certificates are designed replace or eliminate the following certificates on or about September 1, 2005: Secondary Industrial Technology (grades 6-12), Vocational Home Economics (grades 6-12), Secondary Health (grades 6-12), Secondary Music (grades 6-12), All-Level Music (pre-kindergarten - grade 12), the Gifted and Talented Endorsement and the Vocational Occupation Orientation (grades 6-12). However, these certificates will remain valid and SBEC will not require holders of these certificates to obtain the corresponding new certificate(s). Educators who hold standard certificates in the areas slated for elimination on September 1, 2005 may renew the certificate upon completion of the requirements specified in 19 TAC Chapter 232, Subchapter R, Certificate Renewal and Continuing Professional Education Requirements. The proposed amendments allow for a one-year overlap of the superseded certificates and the new standards-based certificates, thus providing for the limited availability of current ExCET tests and certificates during the overlap period, 2004-2005.

The State Board for Educator Certification received no public comments regarding the proposed amendments.

The amendments to §§230.191-230.194, 230.197 and 230.199 are adopted 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.

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 June 23, 2004.

TRD-200404206

Ron Kettler, Ph.D.

Interim Executive Director

State Board for Educator Certification

Effective date: July 13, 2004

Proposal publication date: February 27, 2004

For further information, please call: (512) 936-8239


Subchapter N. CERTIFICATE ISSUANCE PROCEDURES

19 TAC §230.435

The State Board for Educator Certification (SBEC) adopts an amendment to §230.435, relating to fees for certification services without changes to the text as published in the February 27, 2004, issue of the Texas Register (29 TexReg 1805).

The adopted amendments to §230.435 are based on the fiscal impact to the agency and the State of Texas that applicants' failure to pay for certification services has on the revenues collected by SBEC.

The State Board for Educator Certification received no public comments regarding the proposed amendment.

The amendment is adopted 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.

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 June 23, 2004.

TRD-200404195

Ron Kettler, Ph.D.

Interim Executive Director

State Board for Educator Certification

Effective date: July 13, 2004

Proposal publication date: February 27, 2004

For further information, please call: (512) 936-8239


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

19 TAC §§230.482 - 230.484

The State Board for Educator Certification adopts amendments to the following sections of 19 TAC Chapter 230, Subchapter P: §230.482, relating to specific requirements for standard certificates and endorsements; §230.483, relating to specific requirements for standard career and technology certificates based on experience and preparation in skill areas; §230.484, relating to eligibility requirements for specialized assignments or programs. The amendments to §§230.482 - 230.484 are adopted without changes to the proposed text as published in the February 27, 2004, issue of the Texas Register (29 TexReg 1807).

The adopted amendments to §§230.482 - 230.484 reflect new standards-based certificates approved by the State Board for Educator Certification (SBEC) and which are scheduled for implementation in fall 2004, and the replacement or elimination of certain certificates on or about September 1, 2005. Specifically, the new standards-based certificates are designed replace or eliminate the following certificates on or about September 1, 2005: Secondary Industrial Technology (grades 6-12), Vocational Home Economics (grades 6-12), Secondary Health (grades 6-12), Secondary Music (grades 6-12), All-Level Music (pre-kindergarten - grade 12), the Gifted and Talented Endorsement and the Vocational Occupation Orientation (grades 6-12). However, these certificates will remain valid and SBEC will not require holders of these certificates to obtain the corresponding new certificate(s). Educators who hold standard certificates in the areas slated for elimination on September 1, 2005 may renew the certificate upon completion of the requirements specified in 19 TAC Chapter 232, Subchapter R, Certificate Renewal and Continuing Professional Education Requirements. The proposed amendments allow for a one-year overlap of the superseded certificates and the new standards-based certificates, thus providing for the limited availability of current ExCET tests and certificates during the overlap period, 2004-2005.

The State Board for Educator Certification received no public comments regarding the proposed amendments.

The proposed amendments are adopted 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.

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 June 23, 2004.

TRD-200404192

Ron Kettler, Ph.D.

Interim Executive Director

State Board for Educator Certification

Effective date: July 13, 2004

Proposal publication date: February 27, 2004

For further information, please call: (512) 936-8239


Chapter 239. STUDENT SERVICES CERTIFICATES

Subchapter A. SCHOOL COUNSELOR CERTIFICATE

19 TAC §239.1

The State Board for Educator Certification (SBEC) adopts an amendment to 19 TAC §239.1, relating to certification as a school counselor. The proposed amendment to §239.1 is being adopted without change. Section 239.1 was published in the Texas Register on February 27, 2004 (28 TexReg 1813).

The adopted amendment to 19 TAC §239.1 will clarify the assignment criteria for individuals holding a School Counselor certificate by adding language specifying that these educators may provide counseling services to students in regular education programs, career and technology education programs and special education programs in pre-kindergarten through grade 12.

The State Board for Educator Certification received no public comments regarding the proposed amendment.

The amendment to §239.1 is adopted 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.

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 June 23, 2004.

TRD-200404213

Ron Kettler, Ph.D.

Interim Executive Director

State Board for Educator Certification

Effective date: July 13, 2004

Proposal publication date: February 27, 2004

For further information, please call: (512) 936-8239


Subchapter B. SCHOOL LIBRARIAN CERTIFICATE

19 TAC §239.40

The State Board for Educator Certification (SBEC) adopts an amendment to 19 TAC §239.40, relating to certification as a school librarian. The proposed amendment to §239.40 is being adopted without change. Section 239.40 was published in the Texas Register on February 27, 2004 (29 TexReg 1814).

The adopted amendment to 19 TAC §239.40 will clarify the assignment criteria for individuals holding a School Librarian certificate by adding language specifying that these educators may serve as a librarian in a Texas public elementary, middle or secondary school.

The State Board for Educator Certification received no public comments regarding the proposed amendment.

The amendment to §239.40 is adopted 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.

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 June 23, 2004.

TRD-200404212

Ron Kettler, Ph.D.

Interim Executive Director

State Board for Educator Certification

Effective date: July 13, 2004

Proposal publication date: February 27, 2004

For further information, please call: (512) 936-8239


Subchapter C. EDUCATIONAL DIAGNOSTICIAN CERTIFICATE

19 TAC §239.80

The State Board for Educator Certification (SBEC) adopts an amendment to 19 TAC §239.80, relating to certification as an educational diagnostician. The proposed amendment is being adopted without change. Section 239.80 was published in the Texas Register on February 27, 2004 (29 TexReg 1814).

The adopted amendment to 19 TAC §239.80 will clarify the assignment criteria for individuals holding a Educational Diagnostician certificate by adding language specifying that these educators may serve as an educational diagnostician, including providing educational assessment and evaluation, for students in early childhood programs through grade 12.

The State Board for Educator Certification received no public comments regarding the proposed amendment.

The amendment to §239.80 is adopted 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.

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 June 23, 2004.

TRD-200404211

Ron Kettler, Ph.D.

Interim Executive Director

State Board for Educator Certification

Effective date: July 13, 2004

Proposal publication date: February 27, 2004

For further information, please call: (512) 936-8239


Subchapter D. READING SPECIALIST CERTIFICATE

19 TAC §239.90

The State Board for Educator Certification (SBEC) adopts an amendment to 19 TAC §239.90, relating to certification as a reading specialist. The proposed amendment to §239.90 is being adopted without change. Section 239.90 was published in the Texas Register on February 27, 2004 (29 TexReg 1815).

The proposed amendment to 19 TAC §239.90 would clarify the assignment criteria for individuals holding a Reading Specialist certificate by adding language specifying that these educators may teach reading to students in early childhood programs through grade 12.

The State Board for Educator Certification received no public comments regarding the proposed amendment.

The amendment to §239.90 is adopted 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.

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 June 23, 2004.

TRD-200404210

Ron Kettler, Ph.D.

Interim Executive Director

State Board for Educator Certification

Effective date: July 13, 2004

Proposal publication date: February 27, 2004

For further information, please call: (512) 936-8239


Chapter 241. PRINCIPAL CERTIFICATE

19 TAC §241.1

The State Board for Educator Certification (SBEC) adopts an amendment to 19 TAC §241.1, relating to certification as a principal. The proposed amendment is being adopted without change. Section 241.1 was published in the February 27, 2004, issue of the Texas Register (29 TexReg 1816).

The proposed amendment to 19 TAC §241.1 would clarify the assignment criteria for individuals holding a Principal certificate by adding language specifying that these educators may serve as a principal or assistant principal in a Texas public elementary, middle or secondary school.

The State Board for Educator Certification received no public comments regarding the proposed amendment.

The amendment to §241.1 is adopted 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.

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 June 23, 2004.

TRD-200404209

Ron Kettler, Ph.D.

Interim Executive Director

State Board for Educator Certification

Effective date: July 13, 2004

Proposal publication date: February 27, 2004

For further information, please call: (512) 936-8239


Chapter 242. SUPERINTENDENT CERTIFICATE

19 TAC §242.20

The State Board for Educator Certification (SBEC) adopts an amendment to §242.20, relating to certification as a superintendent without changes to the text as published in the February 27, 2004, issue of the Texas Register (29 TexReg 1816).

The amendment would clarify the assignment criteria for individuals holding a Superintendent certificate by adding language specifying that these educators may serve as a superintendent in a Texas public school district.

The State Board for Educator Certification received no public comments regarding the proposed amendment.

The amendment is adopted 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.

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 June 23, 2004.

TRD-200404198

Ron Kettler, Ph.D.

Interim Executive Director

State Board for Educator Certification

Effective date: July 13, 2004

Proposal publication date: February 27, 2004

For further information, please call: (512) 936-8239