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, 230.193, 230.194

The State Board for Educator Certification adopts amendments to the following sections of 19 TAC Chapter 230, Subchapter G: §230.191 relating to Preparation Required in All Programs, §230.193 relating to Teacher Certificate--Secondary, and §230.194 relating to Teacher Certificate--All Level. The proposed amendments to 19 TAC Chapter 230 Subchapter G, Certificate Requirements for Classroom Teachers will provide for SBEC to cease issuing the ExCET-based Secondary Physical Education (Grades 6-12) certificate and the All-Level Physical Education (Pre-kindergarten-Grade 12) certificate on September 1, 2005. The superseded certificates will remain valid and SBEC will not require educators who hold one of these certificates to obtain the new corresponding certificate. The amendments will allow for a one-year overlap of the superseded certificates and the new Physical Education certificate, thus providing for the limited availability of current ExCET tests and certificates during the overlap period.

The proposed amendments to §§230.191, 230.193, and 230.194 were published in the December 3, 2004, issue of the Texas Register (29 TexReg 11238). The State Board for Educator Certification received no public comments regarding the proposed amendments. Sections 230.191, 230.193, and 230.194 will be adopted without change.

The amendments to §§230.191, 230.193, and 230.194 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 March 10, 2005.

TRD-200501095

Herman L. Smith, Ph.D.

Executive Director

State Board for Educator Certification

Effective date: March 30, 2005

Proposal publication date: December 3, 2004

For further information, please call: (512) 936-8304


Subchapter J. CERTIFICATION REQUIREMENTS FOR EDUCATORS OTHER THAN CLASSROOM TEACHERS AND EDUCATIONAL AIDES

19 TAC §§230.307, 230.311, 230.315, 230.319

The State Board for Educator Certification adopts the repeals of the following sections of 19 TAC Chapter 230, Subchapter J: §§230.307 Counselor, 230.311 Learning Resources Specialist, 230.315 Special Education Counselor and 230.319 Certification Standards for Vocational Education Supportive Personnel. The proposed amendments repeal those sections of 19 TAC, Chapter 230, Subchapter J that contain the requirements for certificates that have been replaced by new TExES-based certificates

The repeals to §§230.307, 230.311, 230.315, and 230.319 were published in the December 3, 2004, issue of the Texas Register (29 TexReg 11239). The State Board for Educator Certification received no public comments regarding the repeals. Sections 230.307, 230.311, 230.315, and 230.319 are adopted without any changes.

The repeals to §§230.307, 230.311, 230.315, and 230.319 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 March 10, 2005.

TRD-200501099

Herman L. Smith, Ph.D.

Executive Director

State Board for Educator Certification

Effective date: March 30, 2005

Proposal publication date: December 3, 2004

For further information, please call: (512) 936-8304


Chapter 232. GENERAL REQUIREMENTS APPLICABLE TO ALL CERTIFICATES ISSUED

Subchapter A. TYPES AND CLASSES OF CERTIFICATES ISSUED

19 TAC §232.4

The State Board for Educator Certification adopts amendments to the following section of 19 TAC Chapter 232, Subchapter A: §232.4, relating to Probationary Certificates that would eliminate the requirement that the extension of the Probationary Certificate occur during consecutive years following the expiration of the initial probationary Certificate. Section 232.4(d) describes the validity period of the Probationary Certificate. It allows for the initial Probationary Certificate to be issued for a term of one calendar year. Under current rule, the Probationary Certificate may be extended for no more than two consecutive annual terms based on the alternative certification program's recommendation and verification that the candidate is demonstrating satisfactory progress toward full certification.

Section 232.4 was published in the December 3, 2004, issue of the Texas Register (29 TexReg 11240). The State Board for Educator Certification received no public comments regarding §232.4. Section 232.4 is being adopted without any changes.

The amendments to §232.4(d) 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 March 10, 2005.

TRD-200501100

Herman L. Smith, Ph.D.

Executive Director

State Board for Educator Certification

Effective date: March 30, 2005

Proposal publication date: December 3, 2004

For further information, please call: (512) 936-8304


Subchapter R. CERTIFICATE RENEWAL AND CONTINUING PROFESSIONAL EDUCATION REQUIREMENTS

19 TAC §232.830, §232.840

The State Board for Educator Certification adopts the amendments to the following section of 19 TAC Chapter 232, Subchapter R: §232.830 relating to requirements for Certificate Renewal and §232.840, relating to Inactive Status and Late Renewal. The amendments require the holders of standard certificates in certain career and technology areas that require current license, certification or registration as a professional practitioner to maintain the professional credential as a condition for renewal of the standard Texas educator certificate.

Sections 230.830 and 230.840 were published in the December 3, 2004, issue of the Texas Register (29 TexReg 11241). The State Board for Educator Certification received no public comments regarding §230.830 and §230.840. The sections are being adopted without any changes.

The amendments to §232.830 and §232.840 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 March 10, 2005.

TRD-200501102

Herman L. Smith, Ph.D.

Executive Director

State Board for Educator Certification

Effective date: March 30, 2005

Proposal publication date: December 3, 2004

For further information, please call: (512) 936-8304


Chapter 233. CATEGORIES OF CLASSROOM TEACHING CERTIFICATES

19 TAC §233.13

The State Board for Educator Certification adopts a new section of 19 TAC Chapter 233: §233.13, relating to Physical Education. The new section of Chapter 233, Categories of Classroom Teaching Certificate will provide for SBEC to issue the new TExES-based Physical Education (Early Childhood-Grade 12) no earlier than September 1, 2004. The new §233.13 will describe the broad curriculum areas or courses identified in the Texas Essential Knowledge and Sills (TEKS) that the holder of the new Physical Education certificate would be prepared to teach. The rule allows for a one-year overlap of the superseded certificates and the new Physical Education certificate, thus providing for the limited availability of current ExCET tests and certificates during the overlap period, 2004-2005.

Section 233.13 was published in the December 3, 2004, issue of the Texas Register (29 TexReg 11242). The State Board for Educator Certification received no public comments regarding the proposed new section. Section 233.13 will be adopted without any changes.

Section 233.13 is 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 March 10, 2005.

TRD-200501094

Herman L. Smith, Ph.D.

Executive Director

State Board for Educator Certification

Effective date: March 30, 2005

Proposal publication date: December 3, 2004

For further information, please call: (512) 936-8304


Chapter 239. STUDENT SERVICES CERTIFICATES

Subchapter E. MASTER TEACHER CERTIFICATE

19 TAC §239.101, §239.103

The State Board for Educator Certification adopts the amendments to the following sections of 19 TAC Chapter 239, Subchapter E: §239.101, relating to Master Reading Teacher Certification and §239.103, relating to Master Technology Teacher Certification. The amendments to §239.101 and §239.103 establish criteria for the assignment of educators who hold the Master Reading Teacher Certificate and the Master Technology Teacher Certificate. The holder of the Master Reading Teacher Certificate will be able to serve as a reading teacher mentor to other teachers and teach reading to students in early childhood through grade 12. The holder of the Master Technology Teacher Certificate will be able to serve as a technology training mentor.

The amendments to §239.101 and §239.103 were published in the December 3, 2004, issue of the Texas Register (29 TexReg 11243). The State Board for Educator Certification received no public comments regarding the proposed amendments. The amendments to §239.101 and §239.103 are being adopted without any changes.

The amendments to §239.101 and §239.103 are adopted under the statutory authority of the following Education Code sections: §21.031(a), which vests State Board for Educator Certification (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; 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 adopted amendments.

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 March 10, 2005.

TRD-200501097

Herman L. Smith, Ph. D

Executive Director

State Board for Educator Certification

Effective date: March 30, 2005

Proposal publication date: December 3, 2004

For further information, please call: (512) 936-8309


Chapter 240. AMERICAN SIGN LANGUAGE CERTIFICATE

19 TAC §240.1

The State Board for Educator Certification adopts the amendments to the following section of 19 TAC Chapter 240: §240.1, relating to American Sign Language Certificate. The adopted amendments will discontinue the current American Sign Language (ASL) secondary (grades 6-12) certificate after the 2005-2006 academic year. The current ASL secondary certificate will no longer be issued after August 31, 2006. In August 2004, the Board created and adopted standards for a new ALS all-level (early childhood through grade 12) certificate that will be issued beginning September 1, 2005. The proposed amendments were published in the December 3, 2004, issue of the Texas Register (29 TexReg 11243). The State Board for Educator Certification received no public comments regarding the proposed rule. Section 240.1 will be adopted without any changes.

The amendments to §240.1 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 March 10, 2005.

TRD-200501096

Herman L. Smith, Ph.D.

Executive Director

State Board for Educator Certification

Effective date: March 30, 2005

Proposal publication date: December 3, 2004

For further information, please call: (512) 936-8304


Chapter 250. AGENCY ADMINISTRATION

Subchapter A. PURCHASING

19 TAC §§250.1 - 250.3

The State Board for Educator Certification adopts amendments to the following sections of 19 TAC Chapter 250, Subchapter A: §250.1, relating to Historically Underutilized Business (HUB) Program, §250.2 relating to Ethical Standards, and §250.3 relating to Vendor Protest Procedures. These amendments would amend the rules for SBEC's purchasing program, including those governing purchases from Historically Underutilized Businesses. The proposed rules were published in the December 3, 2004, issue of the Texas Register (29 TexReg 11245). The State Board for Educator Certification received no public comments regarding the proposed amendments. Sections 250.1 - 250.3 are being adopted without any changes.

The amendments to §§250.1 - 250.3 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(a), Education Code, which permits SBEC to propose rules as necessary for its own procedures.

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 March 10, 2005.

TRD-200501101

Herman L. Smith, Ph.D.

Executive Director

State Board for Educator Certification

Effective date: March 30, 2005

Proposal publication date: December 3, 2004

For further information, please call: (512) 936-8304