19 TAC §230.438
The State Board for Educator Certification (Board or SBEC)
adopts on an emergency basis a new rule §230.438, relating to an E-Pay
Supplemental Fee. The new rule creates a $2 supplemental fee in addition to
those outlined in §230.436, with certain exceptions. The new rule is
also being simultaneously proposed for permanent adoption in this issue of
the
Texas Register
.
An emergency rule is necessary because of the passage of Senate Bill 1152,
78th Regular Session, signed into law and effective June 20, 2003. This law
amends "TexasOnline Initiative," §2054.1115 of the Texas Government Code.
The $2 is a cost recovery fee only, consistent with the statute, and the Board's
rule that requires that fees be based on the costs to provide those services.
Additionally, an emergency rule is necessary is because the work to implement
"E-Pay" is scheduled before a permanent rule is adopted, and Department of
Information Resources will not proceed with the engagement until financing
is in place. A permanent rule has been proposed concurrently with the adoption
of this emergency rule. The supplemental fee will not be required to be added
when submitting any of the six fees identified below because those fees had
the $2 supplemental fee built in when they were first adopted into §230.436.
The rule 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)(4), which
requires SBEC to specify the requirements for the issuance and renewal of
an educator certificate; and §21.041(c), which authorizes SBEC to adopt
fees for the issuance and maintenance of educator certificates. Additional
authority is granted by House Bill 1, 78th Regular Session (General Appropriations
Act), Article IX, §11.20.
There are no other codes or rules affected.
§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
Inititative, 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 emergency adoption
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 29, 2004.
TRD-200402864
Ron Kettler, Ph.D.
Interim Executive Director
State Board for Educator Certification
Effective Date: May 1, 2004
Expiration Date: August 28, 2004
For further information, please call: (512) 936-8239