TITLE 19.EDUCATION

Subchapter AA. COMMISSIONER'S RULES: GENERAL PROVISIONS

The Texas Education Agency (TEA) proposes new §30.1001, concerning petitions for adoption of changes to commissioner rules. The proposed new section would establish in rule the procedure for submitting and processing petitions to adopt changes to commissioner rules.

Texas Government Code, §2001.021, requires that a state agency shall by rule prescribe the form for use by an interested person to petition for the adoption of a rule and the procedures for the submission, consideration, and disposition of a petition. Agency legal counsel has determined that the commissioner of education should take formal rulemaking action to place into the Texas Administrative Code procedures to petition for the adoption of changes to commissioner rules.

The proposed new 19 TAC §30.1001 would specify that any person interested in petitioning for the adoption, amendment, or repeal of a commissioner rule must do so by filing the petition in a format that supplies specific information related to the requested rule action. The proposed new rule also explains the action to be taken by the commissioner after receipt of the petition and addresses the 60-day time limit for a decision on a petition.

Criss Cloudt, associate commissioner for accountability and data quality, has determined that for the first five- year period the new section is in effect there will be no fiscal implications for state and local government as a result of enforcing or administering the new section.

Dr. Cloudt has determined that for each year of the first five years the new section is in effect the public benefit anticipated as a result of enforcing the section will be the establishment in rule of the procedure for interested persons to petition the commissioner to adopt rule changes as required in statute. There will not be an effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed new section.

Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Policy Coordination, 1701 North Congress Avenue, Austin, Texas 78701, (512) 475-1497. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 463-0028. All requests for a public hearing on the proposal 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 new section is proposed under the Texas Government Code, §2001.021, which authorizes a state agency to prescribe by rule the form for a petition for use by an interested person to request the adoption of a rule and the procedure for the submission, consideration, and disposition of a petition.

The new section implements the Texas Government Code, §2001.021.

§30.1001.Petition for Adoption of Rule Changes.

(a) In accordance with Texas Government Code, §2001.021, any interested person may petition for the adoption, amendment, or repeal of a rule of the commissioner of education.

(b) A petition under this section shall be in writing and shall contain:

(1) the petitioner's name, address, telephone number, and signature;

(2) the date the petition is submitted;

(3) the chapter and subchapter in which, in the petitioner's opinion, the rule belongs;

(4) the proposed rule text of a new rule or the text of the proposed rule change prepared in a manner to indicate the words to be added or deleted from the current text, if any;

(5) a statement of statutory or other authority under which the rule is to be promulgated; and

(6) a brief explanation of why the rule action is necessary or desirable.

(d) In accordance with the Texas Government Code, §2001.021, the commissioner or the commissioner's designee shall respond to the petitioner within 60 days of receipt of the petition. The response shall:

(1) advise that rulemaking proceedings will be initiated; or

(2) deny the petition, stating the reasons for its denial.

(e) If the commissioner initiates rulemaking procedures, the version of the rule which the commissioner proposes may differ from the version proposed by the petitioner.

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 30, 2004.

TRD-200404320

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Earliest possible date of adoption: August 15, 2004

For further information, please call: (512) 475-1497

Part 7. STATE BOARD FOR EDUCATOR CERTIFICATION

Chapter 233. CATEGORIES OF CLASSROOM TEACHING CERTIFICATES

19 TAC §233.9

The State Board for Educator Certification (SBEC) proposes an amendment to 19 TAC Chapter 233, §233.9, relating to the creation of the Gifted and Talented supplemental certificate.

The proposed amendment to §233.9 will clarify that the new Gifted and Talented Supplemental Certificate is required for teachers initially assigned to teach Gifted and Talented courses beginning with the 2005 - 2006 school year. When the state curricula for public schools, the Texas Essential Knowledge and Skills (TEKS), were adopted by the State Board of Education, SBEC offered an endorsement in the area of Gifted and Talented. The endorsement was optional and was not required for assignment to teach Gifted and Talented courses. No certification test was developed for the endorsement. Assignment criteria in Chapter 230, Subchapter U, allowed a teacher certified at the level and area of assignment to teach in a Gifted and Talented program. Currently, the teacher must complete 30 hours of gifted and talented training prior to or within the first semester of assignment with annual professional development of six semester hours in gifted education as required by 19 TAC Chapter 89, Subchapter A, Gifted and Talented Education. The assignment of teachers to Gifted and Talented programs was unique in that the Gifted and Talented Endorsement was not required for assignment purposes.

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.

Because of the unique assignment options that have been available in the past to teachers of Gifted and Talented student, SBEC staff has determined that there is a need to clarify in rule that the new supplemental certificate is required for assignment to teach in a Gifted and Talented program. The amendment will clarify the requirements for assignment to Gifted and Talented (G/T) programs and require the new Gifted and Talented Supplemental Certificate for teachers initially assigned to a G/T program beginning with the 2005 - 2006 school year.

Steve Wright, Chief Financial Officer, State Board for Educator Certification, has determined 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 amended section.

Lisa Patterson, Acting General Counsel, State Board for Educator Certification, 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 amended section will be efficient and updated rules governing the assignment of public school educators.

In accordance with §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 individuals, 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 amendment 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 amendment to §233.9 is proposed under the statutory authority of the following Education Code sections: §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 §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 §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 amendment.

§233.9.Gifted and Talented.

Gifted and Talented Supplemental. The Gifted and Talented Supplemental certificate may be issued no earlier than September 1, 2004. The holder of the Gifted and Talented 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. The Gifted and Talented Supplemental certificate required for initial assignments to teach Gifted and Talented courses beginning with the 2005 - 2006 school year.

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 29, 2004.

TRD-200404289

Ron Kettler, Ph.D.

Interim Executive Director

State Board for Educator Certification

Earliest possible date of adoption: August 15, 2004

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