TITLE 19.EDUCATION

Part 7. STATE BOARD FOR EDUCATOR CERTIFICATION

Chapter 230. PROFESSIONAL EDUCATOR PREPARATION AND CERTIFICATION

Subchapter N. CERTIFICATE ISSUANCE PROCEDURES

The State Board for Educator Certification (SBEC) adopts an amendment to §230.436, relating to certification fees. The amendment is adopted without changes to the proposed text as published in the March 31, 2006, issue of the Texas Register (31 TexReg 2786) and will not be republished.

The section establishes the schedule of fees for certification services. The adopted amendment provides clarification regarding the fee for issuance of the Temporary Teacher certificate and establishes a fee for the issuance of the Visiting International Teacher certificate.

With the exception of technical edits, the adopted amendment reflects rule action adopted by the SBEC in 2005. Specifically, the adopted amendment adds new paragraph (21) to set a fee of $50 for issuance of the Visiting International Teacher certificate. The new Visiting International Teacher certificate was approved by the SBEC at its October 13, 2004, meeting. However, the rule creating the new certificate (19 TAC §232.6) did not set a fee for certificate issuance. The new Visiting International Teacher certificate ensures that participants in recognized exchange programs are highly qualified and meet the requirements of the No Child Left Behind Act. The new certificate replaces permits for Exchange Teachers (19 TAC §230.510) and permits for Teachers for Bilingual Education Programs (19 TAC §230.511) which do not comply with the requirements of the No Child Left Behind Act.

The adopted amendment also removes language in paragraph (11) to clarify that the Temporary Teacher certificate may be issued only based on recommendation by an approved Texas public school district.

Additional non-substantive, technical edits are also made to this section.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the following Texas Education Code sections: §21.031(a), which vests the 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), which requires the 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 the SBEC to specify the classes of certificates to be issued; §21.041(b)(4), which requires the SBEC to specify the requirements for the issuance and renewal of an educator certificate; §21.041(b)(5), which requires the SBEC to provide for the issuance of an educator certificate to a person who holds a similar certificate issued by another state or foreign country, subject to §21.052; and §21.041(c), which requires the SBEC to propose a rule adopting a fee for the issuance and maintenance of an educator certificate that is adequate to cover the cost of administration of this subchapter.

The adopted amendment implements Texas Education Code, §§21.031(a), 21.041(b)(1), (2), (4), and (5), and 21.041(c).

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 July 11, 2006.

TRD-200603684

Raymond Glynn

Deputy Associate Commissioner, Educator Certification and Standards

State Board for Educator Certification

Effective date: July 31, 2006

Proposal publication date: March 31, 2006

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

Chapter 233. CATEGORIES OF CLASSROOM TEACHING CERTIFICATES

19 TAC §233.2

The State Board for Educator Certification (SBEC) adopts an amendment to §233.2, relating to categories of classroom teaching certificates. The amendment is adopted without changes to the proposed text as published in the March 31, 2006, issue of the Texas Register (31 TexReg 2793) and will not be republished.

The section addresses generalist certificates. The adopted amendment extends the timeline of the rule to the 2006 - 2007 school year, including summer school 2007.

In consideration of the continued issues regarding the availability and assignment of certified educators to teach in the hard-to-fill vacancies in Grades 5 and 6, the adopted amendment modifies subsection (c) to extend to the 2006 - 2007 school year the provision allowing school districts the flexibility of hiring teachers who hold Generalist Early Childhood-Grade 4 certificates for self-contained classrooms for Grades 5 and 6. The expiration date of the provision reflected in subsection (c)(4) is also extended in order to include summer school programs in 2007. Minor technical edits are also made throughout the section.

No comments were received regarding adoption of the amendment.

The adopted amendment implements Texas Education Code, §21.031(a) and §21.041(b)(1) - (2).

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 July 11, 2006.

TRD-200603685

Raymond Glynn

Deputy Associate Commissioner, Educator Certification and Standards

State Board for Educator Certification

Effective date: July 31, 2006

Proposal publication date: March 31, 2006

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

Chapter 249. DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES INCLUDING ENFORCEMENT OF THE EDUCATOR'S CODE OF ETHICS

Subchapter A. GENERAL PROVISIONS

19 TAC §249.2

The State Board for Educator Certification (SBEC) adopts the repeal of §249.2, relating to the sunset provision for disciplinary proceedings, sanctions, and contested cases including enforcement of the educator's code of ethics. The repeal is adopted without changes to the proposal as published in the March 31, 2006, issue of the Texas Register (31 TexReg 2799) and will not be republished.

The section establishes a sunset provision for 19 TAC Chapter 249 four years from its initial effective date unless readopted or amended by the SBEC before then. The adopted repeal removes this sunset provision from rule.

The rules in 19 TAC Chapter 249 were adopted with an effective date of March 31, 1999 (24 TexReg 2304). The review of 19 TAC Chapter 249, including §249.2, was completed in January 2001. 19 TAC §249.2 was intended to fulfill the requirement in Government Code, §2001.039, that state agencies periodically review their rules. However, the Government Code provision requiring the periodic review of the agency rules did not mandate or authorize the automatic expiration of the rules.

The Government Code, §2001.039, does require state agencies to periodically review their rules, but the Government Code does not provide that agency rules that do not go through the review process will expire. In fact, Government Code, §2001.040, provides a procedure for addressing an agency's failure to follow certain procedural requirements, for a rule proposal and adoption, found in §2001.0225 through §2001.034.

Government Code, §2001.039, does not mandate or authorize the automatic expiration of agency rules in the event that the rules are not readopted within the four-year rule review cycle contemplated by §2001.039. Accordingly, the provision in 19 TAC §249.2 has no effect on the expiration of the rules in 19 TAC Chapter 249 because Government Code, §2001.039, does not provide sufficient authority to adopt this type of sunset provision into rule. Such a provision is unenforceable due to insufficient statutory basis to adopt. However, on the advice of legal counsel, the SBEC re-affirmed all the decisions and orders issued pursuant to 19 TAC Chapter 249 in order to clarify the SBEC's intent that 19 TAC §249.2 operates only as a reference to the review of rules required under the Government Code, §2001.039.

At its March 3, 2006, meeting, the SBEC also took action to incorporate the rule review provisions from the Government Code, §2001.039, into the SBEC operating procedures. This implements the SBEC's intent to review all its rules to ensure that there is current statutory authority for each agency rule, in accordance with Government Code requirements. The SBEC also voted to reaffirm any actions taken under 19 TAC Chapter 249, including any actions taken until the effective date of the repeal of 19 TAC §249.2, in order to clarify the SBEC's intent that 19 TAC §249.2 operates only as a reference to the review of rules required under the Government Code, §2001.039.

No comments were received regarding adoption of the repeal.

The repeal is adopted under the following Texas Education Code sections: §21.031(a), which vests the 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), which requires the 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)(7), which requires the SBEC to provide for disciplinary proceedings, including the suspension or revocation of an educator certificate, as provided by Chapter 2001, Government Code; and §21.041(b)(8), which requires the SBEC to provide for the adoption, amendment, and enforcement of an educator's code of ethics.

The adopted repeal implements Texas Education Code, §21.031(a) and §21.041(b)(1), (7), and (8).

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 July 11, 2006.

TRD-200603686

Raymond Glynn

Deputy Associate Commissioner, Educator Certification and Standards

State Board for Educator Certification

Effective date: July 31, 2006

Proposal publication date: March 31, 2006

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