PART 7. STATE BOARD FOR EDUCATOR CERTIFICATION

CHAPTER 230. PROFESSIONAL EDUCATOR PREPARATION AND CERTIFICATION

The State Board for Educator Certification (SBEC) proposes new §§230.1, 230.412, and 230.481, amendments to §§230.5, 230.411, 230.413, 230.431 - 230.438, 230.461 - 230.464, 230.482, 230.483, 230.501 - 230.507, 230.512, 230.551 - 230.555, 230.559, 230.560, and 230.610, and the repeal of §§230.121, 230.192 - 230.199, 230.301, 230.305, 230.310, 230.316, 230.481, 230.484, 230.509 - 230.511, 230.601, and 230.801, concerning provisions for professional educator preparation and certification. The sections provide for rules that establish guidelines and procedures for certification requirements, fees, permits, educational aides, and assignment criteria relating to professional educator preparation and certification.

The proposed revisions to 19 TAC Chapter 230 would update the rules to reflect current law and add specificity to the requirements for professional educator preparation and certification. The proposed new sections, amendments, and repeals result from the SBEC's rule review conducted in accordance with Texas Government Code, §2001.039.

The proposed revisions reflect discussions held during the June 5 and 6, 2008, and November 5, 2008, stakeholder meetings. Following is a description of the proposed changes.

Subchapter A. Assessment of Educators

This subchapter would be reorganized as proposed new Subchapter B. Language in §230.5(f) would be updated since examination scores are no longer mailed to the examinee. As a result of input from stakeholders, §230.5(i) would be deleted because a general reference can be found in 19 TAC Chapter 233, Categories of Classroom Teaching Certificates.

Subchapter E. Centers for Professional Development of Teachers

This subchapter is proposed for repeal due to the fact that the Centers for Professional Development of Teachers no longer exist.

Subchapter G. Certification Requirement for Classroom Teachers

This subchapter is proposed for repeal since most of the rules are now obsolete. Sections 230.193, 230.194, and 230.199(d)(2), relating to teacher certificates and endorsements, would be moved to proposed new §230.481 and §230.482 in Subchapter P.

Subchapter J. Certification Requirements for Educators Other than Classroom Teachers and Educational Aides

This subchapter is proposed for repeal since the certificates included in this subchapter have been replaced with new certificates. Certification information related to the reading specialist, temporary certificate, and educational diagnostician can be found in other rules of the SBEC.

Subchapter M. Certification of Educators in General

Language in §230.413(a) would be revised to align with recently approved language regarding degrees in Chapter 232, General Certification Provisions. Language in §230.413(c) and (d), relating to elementary and secondary certificate options, would be deleted since these rules are now obsolete. Language in §230.413(e) would be deleted since provisions for a nonrenewable permit are described in Subchapter Q.

Subchapter N. Certificate Issuance Procedures

Language in §230.431(d) would be added to emphasize the virtual certificate is the official record of educator certification. Language in §230.432 would be revised to reflect the current application and recommendation process. Language in §230.433 would be added to clarify that a certificate must be active and valid in order to issue a duplicate. Language in §230.434(a)(1), relating to certificate issuance dates, would be modified to update the rule. Language in §230.434(b)(1) would be updated since education service centers are no longer required to process permits. The title of §230.437 would be revised to emphasize that certification by examination is for additional certificates and not initial certificates.

Subchapter O. Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States

Language in §230.462(b)(1), relating to special subject certificates, would be deleted since the rule is obsolete. Language in §230.462(b)(2) would be revised to align with standard certification requirements and moved as part of subsection (b). Language in §230.462(d) would be added regarding the validity of a one-year certificate to provide some flexibility to employing school districts when circumstances beyond the educator's control arise. Section 230.462(h) and (i), relating to transition language, would be deleted since the rules no longer apply.

Subchapter P. Requirements for Standard Certificates and Specialized Assignments or Programs

Section 230.481 is proposed for repeal since the provision would be moved to proposed new 230.412. As a result of stakeholder input, language in §230.483(a)(4) would be added to allow educator preparation programs to prepare teachers for health science technology education certification and trade and industrial education certification in one year. Language in §230.483(c) would be added to clarify teaching experience may be used in lieu of on-the-job experience under the career and technical education certificate. Language in §§230.482(a)(4) and (5), 230.482(b) and (d), 230.483(a)-(e), and 230.484 would be deleted since the rules are obsolete or can be found in 19 TAC Chapter 233.

Subchapter Q. Permits

Language in §230.501(c) would be added to emphasize that consent is required when a certified teacher is to be placed on an emergency permit. Language in §230.504(b)(1) would be added to clarify the subjects directly related to the elementary curriculum. As a result of stakeholder input, language in §230.504(b)(2) would be added to clarify permit requirements for the elementary foreign language assignment. In response to input from the TEA curriculum staff, language in §230.504(f)(1) would be revised to update the permit requirements for instructing English language learners. Language in §230.504(e)(2) would be revised since an associate degree is no longer an option for health science technology education certification. New requirements would be added to §230.504(e)(3)-(6) to align with new career and technical education certificate requirements. Language in §230.504(f)(2)(A) and (B) would be revised to incorporate current terminology, resulting from stakeholder input. Sections 230.509, 230.510, and 230.511 would be proposed for repeal since the Visiting International Teacher (VIT) certificate is now available for exchange teachers. Language would also be deleted throughout this subchapter to remove obsolete provisions.

Subchapter S. Educational Aide Certificate

This subchapter contains no substantive content changes.

Subchapter U. Assignment of Public School Personnel

This subchapter is proposed for repeal since the contents would be reorganized as proposed new 19 TAC §231.1, Criteria for Assignment of Public School Personnel, to provide clarity and improved accessibility to the requirements relating to the assignment of educators.

Subchapter V. Continuing Education

The title would be revised to clarify the information contained in this subchapter related to teacher induction and mentoring.

Subchapter Y. Definitions

This subchapter is proposed for repeal since definitions relating to professional educator preparation and certification would be revised and reorganized under proposed new Subchapter A to align with definitions found in SBEC rules.

Technical Changes

Throughout Chapter 230, numerous grammatical and technical changes would be made, such as replacing the term "executive director" with the term "TEA staff" or "State Board for Educator Certification" where appropriate. Also, statutory citation references would be updated and standardized to reflect current law and Texas Register formatting requirements. Sections would also be restructured for consistency and readability.

Regarding procedural and reporting implications for the proposed rule actions, the TEA staff have determined that there are no new procedural and reporting implications to school districts and educators. The proposed rule actions would not include any additional locally maintained paperwork requirements.

Jerel Booker, associate commissioner for educator quality and standards, has determined that for the first five-year period the proposed new sections, amendments, and repeals are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed rule actions.

Mr. Booker has determined that for the first five-year period the proposed new section is in effect the public benefit anticipated as a result of the proposed new sections, amendments, and repeals would be in the reorganization and clarification of the certification requirements, fees, procedures, permits, and criteria for professional educator preparation and certification. There is no anticipated economic cost to persons or entities required to comply with the proposed new sections, amendments, and repeals.

In addition, there is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, (512) 475-1497. Comments may also be submitted electronically to sbecrules@tea.state.tx.us or faxed to (512) 463-0028. All requests for a public hearing on the proposed new sections, amendments, and repeals submitted under the Administrative Procedure Act must be received by the Department of Educator Quality and Standards, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, Attention: Jerel Booker, not more than 15 calendar days after notice of the proposal has been published in the Texas Register.

SUBCHAPTER A. DEFINITIONS

19 TAC §230.1

The new section is proposed under the TEC §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; and §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates.

The proposed new section implements the TEC, §21.041(b)(1) and (2).

§230.1.Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Certificate--Any credential issued by the State Board for Educator Certification (SBEC) under the authority of the Texas Education Code (TEC), Chapter 21, Subchapter B.

(2) Educator--A person who is required to hold a certificate issued under the TEC, Chapter 21, Subchapter B.

(3) Educator preparation program--An entity approved by the SBEC to recommend candidates in one or more educator certification fields.

(4) Examination--An examination or other test required by statute or SBEC rule that governs an individual's admission to an educator preparation program; certification as an educator; continuation as an educator; or advancement as an educator.

(5) Mentor--For a classroom teacher, a certified educator assigned by the campus administrator who has completed mentor training; who guides, assists, and supports the beginning teacher in areas such as planning, classroom management, instruction, assessment, working with parents, obtaining materials, district policies; and who reports the beginning teacher's progress to that teacher's educator preparation program.

(6) Private school--A school whose educational program has been evaluated by a state department of education or regional accrediting agency and whose program has met and is maintaining certain educational standards.

(7) Teacher service record--The official document used to record years of service and days used and accumulated under the state's former minimum sick leave program or the state's current personal leave program.

(8) Texas Education Agency staff--Staff of the Texas Education Agency (TEA) assigned by the commissioner of education to perform the SBEC's administrative functions and services.

(9) Texas public school--A school accredited by the TEA under the TEC, §39.073.

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 February 13, 2009.

TRD-200900612

Jerel Booker

Associate Commissioner, Educator Quality and Standards, Texas Education Agency

State Board for Educator Certification

Earliest possible date of adoption: March 29, 2009

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

19 TAC §230.5

The amendment is proposed under the Texas Education Code (TEC), §21.031(a), which states that the State Board for Educator Certification (SBEC) shall regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; §21.031(b), which states that in proposing rules under the TEC, Chapter 21, Subchapter B, the SBEC shall ensure that all candidates for certification or renewal of certification demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of this state; §21.045(a)(1), which authorizes the SBEC to propose rules establishing standards to govern the approval and continuing accountability of all educator preparation programs based on information that is disaggregated with respect to sex and ethnicity and that includes results of the certification examinations prescribed under the TEC, §21.048(a); and §21.048(a), which requires the SBEC to propose rules prescribing comprehensive examinations for each class of certificate issued by the SBEC.

The proposed amendment implements the TEC, §§21.031, 21.045(a)(1), and 21.048(a).

§230.5.Educator Assessment.

(a) A candidate [Anyone] seeking admission [admittance] to an approved educator [teacher] preparation program for initial certification must be assessed for basic [college level] skills in reading, [oral and] written communication, and mathematics.

(b) A candidate [Anyone] seeking certification as an educator must pass examinations required by the Texas Education Code (TEC), §21.048, and the State Board for Educator Certification (SBEC) in §233.1(e) of this title (relating to General Authority).

(c) A candidate [Anyone] seeking a standard certificate as an educator based on completion of an approved educator preparation program may take the appropriate certification examinations required by subsection (b) of this section at such time as the educator preparation program [entity delivering the certification program] determines the candidate's [individual's ] readiness to take the examinations, or upon successful completion of the educator preparation program, whichever comes first.

(d) The holder of [Anyone with] a Texas certificate effective before February 1, 1986, must pass examinations prescribed by the SBEC to be eligible for continued certification, unless the individual has passed the Texas Examination of Current Administrators and Teachers (TECAT).

(e) For an [any] examination or other assessment required by law or under the provisions of this title, [section, ] the SBEC approves the satisfactory level of performance required, a schedule of examination fees, and a plan for administering the examination.

(f) Scores from [all] examinations required under this title [section] must be made available [sent] to the examinee, the Texas Education Agency (TEA) staff, [SBEC] and , if appropriate, the educator preparation program [ institution] from which the examinee will seek a recommendation for certification [ as a teacher or an administrator].

(g) A candidate [An individual] seeking an exemption under the TEC [Texas Education Code (TEC)], §21.048, must have a report submitted to the TEA staff [SBEC ] by an audiologist licensed by the State of Texas, documenting that the candidate [applicant ] is hearing impaired as defined in the TEC [ Texas Education Code (TEC)], §21.048(d)(1). The report from the audiologist may not be dated more than one year from the date of application for the exemption.

(h) The following provisions concern test security and confidential integrity.

(1) An educator who participates in the development, design, construction, review, field testing, or validation of an [any ] examination shall not reveal or cause to be revealed the contents of the [that] examination to any other person.

(2) An educator who administers an [any] examination shall not:

(A) allow or cause an unauthorized person to view any part of the examination;

(B) copy, reproduce, or cause to be copied or reproduced any part of the examination;

(C) reveal or cause to be revealed the contents of the examination;

(D) correct, alter, or cause to be corrected or altered any response to a test item contained in the examination;

(E) provide assistance with any response to a test item contained in the examination or cause assistance to be provided; or

(F) deviate from the rules governing administration of the examination.

(3) An [Any] educator who violates subsection (b) or (c) of this section is subject to sanction in accordance with the provisions of the TEC [Texas Education Code (TEC)], §21.041(b)(7), and Chapter 249 of this title (relating to Disciplinary Proceedings, Sanctions, and Contested Cases).

(4) An educator who is an examinee shall not:

(A) copy, reproduce, or cause to be copied or reproduced any test item contained in the examination;

(B) provide assistance with any response to a test item contained in the examination, or cause assistance to be provided;

(C) solicit or accept assistance with any response to a test item contained in the examination;

(D) deviate from the rules governing administration of the examination; or

(E) otherwise engage in conduct that amounts to cheating, deception, or fraud.

(5) An [Any] educator who violates this subsection [(h) of this section] is subject to:

(A) sanction in accordance with the provisions of the TEC, §21.041(b)(7), and Chapter 249 of this title [Texas Education Code (TEC) 21.041(b)(7)];

(B) voiding of a [any] score from an examination in which a violation specified [ violations] in this subsection [(h) of this section ] occurred; and

(C) disallowance and exclusion from future examinations either in perpetuity or for a period of time that serves the best interests of the education profession.

[(i) An individual seeking certification to teach visually impaired students must pass the test of braille reading and writing skills adopted by the SBEC by performing at or above the standard adopted by the SBEC.]

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 February 13, 2009.

TRD-200900613

Jerel Booker

Associate Commissioner, Educator Quality and Standards, Texas Education Agency

State Board for Educator Certification

Earliest possible date of adoption: March 29, 2009

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

19 TAC §230.121

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the State Board for Educator Certification or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The repeal is proposed under the Texas Education Code (TEC), §21.047(a), which states that the State Board for Educator Certification (SBEC) may develop the process for the establishment of centers for professional development through institutions of higher education for the purpose of integrating technology and innovative teaching practices in the preservice and staff development training of public school teachers and administrators; §21.047(b), which states that, on application by a center, the SBEC shall make grants to the center for its programs from funds derived from gifts, grants, and legislative appropriations for that purpose; and §21.047(c), which states that a center may develop and implement a comprehensive field-based educator preparation program to supplement the internship hours required in the TEC, §21.050.

The proposed repeal implements the TEC, §21.047.

§230.121.Designation of Centers for Professional Development of Teachers.

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 February 13, 2009.

TRD-200900614

Jerel Booker

Associate Commissioner, Educator Quality and Standards, Texas Education Agency

State Board for Educator Certification

Earliest possible date of adoption: March 29, 2009

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

19 TAC §§230.192 - 230.199

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the State Board for Educator Certification or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The repeals are proposed under the Texas Education Code (TEC), §21.031(a), which states that the State Board for Educator Certification (SBEC) shall 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 the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; and §21.041(b)(3), which requires the SBEC to propose rules that specify the period for which each class of educator certificate is valid.

The proposed repeals implement the TEC, §21.031(a) and §21.041(b)(1)-(3).

§230.192.Teacher Certificate--Elementary.

§230.193.Teacher Certificate--Secondary.

§230.194.Teacher Certificate--All-Level.

§230.195.Special Education Certificates.

§230.196.Vocational Agriculture Certificates.

§230.197.Vocational Home Economics Certificates.

§230.198.Vocational Marketing Education Certificates.

§230.199.Endorsements.

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 February 13, 2009.

TRD-200900615

Jerel Booker

Associate Commissioner, Educator Quality and Standards, Texas Education Agency

State Board for Educator Certification

Earliest possible date of adoption: March 29, 2009

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

19 TAC §§230.301, 230.305, 230.310, 230.316

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the State Board for Educator Certification or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The repeals are proposed under the Texas Education Code (TEC), §21.041(b)(2), which requires the State Board for Educator Certification to propose rules that specify the classes of educator certificates to be issued, including emergency certificates.

The proposed repeals implement the TEC, §21.041(b)(2).

§230.301.General Provisions.

§230.305.Temporary Certificate.

§230.310.Reading Specialist.

§230.316.Educational Diagnostician (Special Education).

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 February 13, 2009.

TRD-200900616

Jerel Booker

Associate Commissioner, Educator Quality and Standards, Texas Education Agency

State Board for Educator Certification

Earliest possible date of adoption: March 29, 2009

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

19 TAC §§230.411 - 230.413

The amendments and new section are proposed under the Texas Education Code (TEC), §21.041(b)(2), which requires the State Board for Educator Certification (SBEC) to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; §21.041(b)(4), which requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate; §21.044, which authorizes the SBEC to propose rules establishing the training requirements a person must accomplish to obtain a certificate, enter an internship, or enter an induction-year program and specify the minimum academic qualifications required for a certificate; §21.048(a), which requires the SBEC to propose rules prescribing comprehensive examinations for each class of certificate issued by the SBEC; §21.048(b), which states that the SBEC may not administer a written examination to determine the competence or level of performance of an educator who has a hearing impairment unless the examination has been field tested to determine its appropriateness, reliability, and validity as applied to, and minimum acceptable performance scores for, persons with hearing impairments; §21.048(c), which states that an educator who has a hearing impairment is exempt from taking a written examination for a period ending on the first anniversary of the date on which the SBEC determines, on the basis of appropriate field tests, that the examination complies with the standards specified in subsection (b) of this section; §21.048(c)(1), which states that the results of an examination administered under this section are confidential and are not subject to disclosure under the Texas Government Code, Chapter 552, unless the disclosure is regarding notification to a parent of the assignment of an uncertified teacher to a classroom as required by the TEC, §21.057, or the educator has failed the examination more than five times; §21.048(d), which states the definitions for hearing impairment, reliability, and validity when used in the TEC, §21.048; §21.050(a), which states that a person who applies for a teaching certificate for which SBEC rules require a bachelor's degree must possess a bachelor's degree received with an academic major or interdisciplinary academic major, including reading, other than education, that is related to the curriculum as prescribed under TEC, Chapter 28, Subchapter A; §21.050(b), which states that the SBEC may not require more than 18 semester credit hours of education courses at the baccalaureate level for the granting of a teaching certificate; §21.050(c), which states that a person who receives a bachelor's degree required for a teaching certificate on the basis of higher education coursework completed while receiving an exemption from tuition and fees under the TEC, §54.214, may not be required to participate in any field experience or internship consisting of student teaching to receive a teaching certificate; and §22.082, which states that the SBEC shall subscribe to the criminal history clearinghouse as provided by the Texas Government Code, §411.0845, and may obtain from any law enforcement or criminal justice agency all criminal history record information and all records contained in any closed criminal investigation file that relate to a specific applicant for or holder of a certificate issued under the TEC, Chapter 21, Subchapter B.

The proposed amendments and new section implement the TEC, §§21.041(b)(2) and (4), 21.044, 21.048, 21.050, and 22.082.

§230.411.Purpose.

The purpose of certifying public school educators is to identify qualified and professionally prepared individuals. The certification shall comply with the Texas Education Code, Chapter 21, Subchapter B, [Chapter 21, TEC,] and rules adopted by the State Board for Educator Certification [under that statutory authority].

§230.412.Standard Certificate Requirements.

(a) Standard classroom teacher certificates, including special education certificates, career and technical education certificates, and endorsement areas, based on completion of an approved educator preparation program shall require:

(1) at least a baccalaureate degree and, for certain career and technical education certificates, preparation and experience in a skill area as specified in Subchapter P of this chapter (relating to Requirements for Standard Certificates and Specialized Assignments or Programs);

(2) recommendation by an approved educator preparation program; and

(3) submission of a passing score on a comprehensive examination prescribed by the State Board for Educator Certification as specified in §230.5 of this title (relating to Educator Assessment).

(b) Standard career and technical education certificates based on experience and preparation in a skill area shall require:

(1) preparation and experience in a skill area and, for certain career and technical education certificates, completion of a baccalaureate degree; and

(2) recommendation by an educator preparation program approved to offer professional development courses required for career and technical education certification.

§230.413.General Requirements.

(a) The only credits and degrees acceptable for certification of [all] educators are those earned from and conferred by institutions of higher education that at the time were accredited or otherwise approved by an [a state department of education, a recognized governmental organization, or a recognized regional] accrediting organization recognized by the Texas Higher Education Coordinating Board. All credit hour requirements for certification are semester credit hours or their equivalent.

(b) An applicant for a Texas educator certificate must:

(1) be at least 18 years old [of age];

(2) successfully resolve any criminal history and not be disqualified or the subject of a pending proceeding under Chapter 249 of this title[, ] (relating to Disciplinary Proceedings, Sanctions, and Contested Cases ) [, Including Enforcement of the Educator's Code of Ethics];

(3) not be disqualified by federal law;

(4) be willing to support and defend the constitutions of the United States and Texas;

(5) be able to speak and understand the English language sufficiently to use it easily and readily in conversation and teaching. English language proficiency may be evidenced by one of the following:

(A) completion of an undergraduate or graduate degree at an institution of higher education in the United States;

(B) if an undergraduate or graduate degree was earned at an institution of higher education outside of the United States, evidence must be provided under procedures approved by the Texas Education Agency (TEA) staff [executive director] that the primary language of instruction was English;

(C) completion of a state-approved educator preparation program within the United States;

(D) verification of three creditable years of teaching experience as defined in Chapter 153, Subchapter CC, of this title (relating to Commissioner's Rules on Creditable Years of Service) [Subchapter Y of this title (relating to Definitions)], in an educational setting within the United States or, if the experience was earned in an educational setting outside of the United States, evidence under procedures approved by the TEA staff [ executive director ] that the primary language of instruction was English; or

(E) verification of satisfactory scores on an English language proficiency examination(s) [exam(s)] approved by the TEA staff [executive director of SBEC];

(6) successfully complete [all] appropriate examinations prescribed in §230.5 of this title [ chapter] (relating to Educator Assessment) for the educator certificate sought; and

(7) satisfy one or more of the following requirements:

(A) complete [all] academic requirements specified in Subchapters P [G, J, ] or S of this chapter (relating to Requirements for Standard Certificates and Specialized Assignments or Programs [Certification Requirement for Classroom Teachers, Certification Requirements for Educators Other Than Classroom Teachers and Educational Aides, ] and Educational Aide Certificate) ; Chapter 239 of this title (relating to Student Services Certificates); Chapter 241 of this title (relating to Principal Certificate); Chapter 242 of this title (relating to Superintendent Certificate), or complete [all] requirements for the certificates specified in Chapter 233 of this title (relating to Categories of Classroom Teaching Certificates) and be recommended for certification by [through ] an approved educator preparation program;

(B) qualify under Subchapter O of this chapter (relating to Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States);

(C) qualify under §230.437 of this title (relating to Issuance of Additional Certificates Based on Examination);

(D) qualify for a career and technical [vocational ] education certificate [certificates] based on skill and experience specified in Subchapter P of this chapter or Chapter 233 of this title [(relating to Requirements for Standard Certificates and Specialized Assignments or Programs)]; [or]

(E) qualify under Chapter 245 of this title (relating to Certification of Educators from Other Countries); or [.]

(F) qualify for certification under §232.5 of this title (relating to Temporary Teacher Certificates [ General Requirements Applicable to all certificates issued, types and classes of certificates]).

[(c) To be certified to teach at the secondary level, a person completing an approved program specified in Subchapter G of this chapter must attempt all appropriate certification examinations prescribed in §230.5 of this title (relating to Educator Assessment) and pass the appropriate professional development examination and a minimum of one content specialization portion of the certification examinations.]

[(1) Secondary certification may be authorized in each subject area for which an applicant passes the appropriate content specialization examination.]

[(2) Under this subsection, a person who holds a valid elementary certificate and has at least one creditable year, as defined in Subchapter Y of this Chapter (relating to Definitions), of classroom teaching experience may be recommended for certification at the secondary level with only one teaching field identified in §230.193 of this title (relating to Teacher Certificate-Secondary).]

[(3) The provisions of this subsection expire on September 1, 2003.]

[(d) To be certified to teach at the elementary level, a person completing an approved program specified in Subchapter G of this chapter must attempt all appropriate certification examinations prescribed by the SBEC and pass the appropriate professional development examination and the elementary comprehensive portion of the certification examinations.]

[(1) In addition to the examination requirements specified in this subsection, a person recommended for elementary certification under Option III-Bilingual Education, Option III-Generic Special Education, or Option IV-Early Childhood Education based on §230.191 of this title (relating to Preparation Required in All Programs) must complete the appropriate content specialization portion of the certification examinations.]

[(2) A person who does not pass the appropriate content specialization portions of the certification examination but satisfies all other requirements specified in this subsection may be recommended for the appropriate standard elementary self-contained certificate.]

[(3) The provisions of the subsection expire on September 1, 2003.]

[(e) A person who satisfies all requirements for initial teacher certification except successful completion of examination requirements prescribed by the SBEC and stipulated in §230.5 of this title (relating to Educator Assessment) may be assigned on a nonrenewable permit valid for no more than one 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 February 13, 2009.

TRD-200900617

Jerel Booker

Associate Commissioner, Educator Quality and Standards, Texas Education Agency

State Board for Educator Certification

Earliest possible date of adoption: March 29, 2009

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

19 TAC §§230.431 - 230.438

The amendments are proposed under the Texas Education Code (TEC), §21.031(a), which states that the State Board for Educator Certification (SBEC) shall 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 the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; §21.041(b)(3), which requires the SBEC to propose rules that specify the period for which each class of educator certificate is valid; §21.041(b)(4), which requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate; §21.041(b)(5), which requires the SBEC to propose rules that 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 the TEC, §21.052; §21.041(b)(9), which requires the SBEC to propose rules that provide for continuing education requirements; §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 the TEC, Chapter 21, Subchapter B; §21.048(a), which requires the SBEC to propose rules prescribing comprehensive examinations for each class of certificate issued by the SBEC; §21.048(b), which states that the SBEC may not administer a written examination to determine the competence or level of performance of an educator who has a hearing impairment unless the examination has been field tested to determine its appropriateness, reliability, and validity as applied to, and minimum acceptable performance scores for, persons with hearing impairments; §21.048(c), which states that an educator who has a hearing impairment is exempt from taking a written examination for a period ending on the first anniversary of the date on which the SBEC determines, on the basis of appropriate field tests, that the examination complies with the standards specified in subsection (b) of this section; §21.048(c)(1), which states that the results of an examination administered under this section are confidential and are not subject to disclosure under the Texas Government Code, Chapter 552, unless the disclosure is regarding notification to a parent of the assignment of an uncertified teacher to a classroom as required by the TEC, §21.057, or the educator has failed the examination more than five times; §21.048(d), which states the definitions for hearing impairment, reliability, and validity when used in the TEC, §21.048; §21.050(a), which states that a person who applies for a teaching certificate for which SBEC rules require a bachelor's degree must possess a bachelor's degree received with an academic major or interdisciplinary academic major, including reading, other than education, that is related to the curriculum as prescribed under TEC, Chapter 28, Subchapter A; §21.050(b), which states that the SBEC may not require more than 18 semester credit hours of education courses at the baccalaureate level for the granting of a teaching certificate; §21.050(c), which states that a person who receives a bachelor's degree required for a teaching certificate on the basis of higher education coursework completed while receiving an exemption from tuition and fees under the TEC, §54.214, may not be required to participate in any field experience or internship consisting of student teaching to receive a teaching certificate; §21.054(a), which requires the SBEC to propose rules establishing a process for identifying continuing education courses and programs that fulfill educators' continuing education requirements; §22.082, which states that the SBEC shall subscribe to the criminal history clearinghouse as provided by the Texas Government Code, §411.0845, and may obtain from any law enforcement or criminal justice agency all criminal history record information and all records contained in any closed criminal investigation file that relate to a specific applicant for or holder of a certificate issued under the TEC, Chapter 21, Subchapter B; and §22.0831(f), which authorizes the SBEC to propose rules to implement the national criminal history record information review of certified educators.

The proposed amendments implement the TEC, §§21.031(a), 21.041(b)(1)-(5) and (9) and (c), 21.048, 21.050, 21.054(a), 22.082, and 22.0831(f).

§230.431.Procedures in General.

(a) The State Board for [of] Educator Certification (SBEC), in compliance with SBEC [board ] rules, shall issue appropriate certificates to qualified individuals who meet all requirements.

(1) The certificate shall identify the name of the holder, the class, grade levels, and subject areas of the certificate, and bear the signature of the SBEC chair [ and executive director].

(2) A certificate that is issued shall be transmitted to the applicant as expeditiously as possible.

(b) Permanent records of all certificates, permits, and supporting documentation shall be maintained by the Texas Education Agency (TEA) staff [SBEC].

(c) An applicant for or holder of an educator's certificate shall provide the TEA staff [SBEC ] a current [United States] mailing address. The applicant for [A certificate applicant ] or holder of an educator's certificate shall notify the TEA staff [SBEC] of a change of address within 45 calendar days of the effective date of such change, unless another rule under this title requires earlier notification.

(d) The representation of an individual's certificate status as maintained on the SBEC website is considered to be the official record of educator certification. This electronic representation of the certificate satisfies Texas Education Code, §21.053(a), which requires individuals to present their certificate prior to employment by a school district. A hard copy may be requested at the time of application.

§230.432.Candidates [Graduates] of Approved Texas [Professional] Educator Preparation Programs.

An appropriate certificate may [shall] be issued to a candidate [each individual] who completes all requirements of an approved Texas [ professional] educator preparation program [ and is recommended by the entity]. The candidate must complete the appropriate application and pay the designated fee. The [ With the assistance of the applicant, the ] certification officer representing the approved educator preparation program shall submit to the Texas Education Agency staff a recommendation for the issuance of the appropriate certificate, indicating the date on which all requirements were completed. [State Board for Educator Certification:]

[(1) an accurately completed application and recommendation form; and]

[(2) the designated fee.]

§230.433.Duplicate Certificates.

A duplicate of an active, valid certificate shall be issued when the Texas Education Agency staff [State Board for Educator Certification] receives a [ an appropriately] completed application [form ] and fee.

§230.434.Effective Dates of Certificates and Permit Issuance.

(a) Issuance date of a certificate [The issuance dates of certificates].

(1) [The issuance date of a certificate evaluated by the State Board for Educator Certification (SBEC) shall be the date the applicant signed the application. ] The date of issuance shall not precede the date all certification requirements are completed.

(2) The issuance date of a certificate recommended by an approved [professional] educator preparation program [entity] shall be the date the recommending educator preparation program [entity ] verifies that the applicant has satisfied all certification requirements.

(3) A certificate shall not become effective more than 60 calendar days before the Texas Education Agency (TEA) staff [SBEC] receives the application, and may not precede the date all certification, degree, and examination requirements are completed.

(4) A certificate shall be valid for the entire month in which it is issued.

(b) Effective date of a permit [The effective dates of permits].

(1) A permit shall become effective on the date of the assignment [the superintendent or designee signed the application], provided the TEA staff [SBEC or the appropriate education service center (ESC)] receives the application within 60 calendar days of the date of the assignment [that date].

(2) If the permit application is completed and signed by the applicant and superintendent or his or her designee on the date teaching duties begin, the application [it] may be kept in the school district's files until all materials for submission are acquired. A permit held by a school district shall not become effective more than 60 calendar days before the TEA staff [SBEC or the appropriate ESC] receives the application.

(3) The school district shall be notified regarding eligibility for the permit. Coverage will not be provided to the school district [districts ] for the employment of an individual [individuals ] who is [are] ineligible for the permit requested.

(c) Authority [The authority] to alter dating procedures. A certificate or permit may become effective more than 60 calendar days before the TEA staff [ SBEC or the appropriate ESC] receives an application if the appropriate official assumes responsibility for the delay or documents it in writing.

§230.435.Fees for Certification Services.

(a) The fees [Fees] for certification services shall be based on a study conducted periodically by the State Board for Educator Certification of the actual costs of the services.

(b) The fees for authorizing a permit shall be paid by the requesting school district.

(c) The certificate of an applicant who does not pay the applicable certification fee, either by failing to remit full payment or by sending a check that is dishonored, shall be placed on inactive status if the applicant does not pay the full certification fee and any related processing fees within 60 calendar days from the date the notice of payment deficiency is sent to the applicant. The inactive status of a certificate will render the certificate holder ineligible for employment in a Texas public school [ schools]. A certificate placed on inactive status in accordance with the provisions of this subsection will be returned to active status upon receipt of full payment of all applicable fees.

§230.436.Schedule of Fees for Certification Services.

An applicant for a certificate or a school district requesting a permit shall pay the applicable fee from the following list.

(1) Standard Educational Aide certificate--$30.

(2) Standard certificate, additional specialization, teaching field, or endorsement/delivery system, based on recommendation by an approved educator [teacher] preparation program [entity ] or State Board for Educator Certification authorization; or extension or conversion of a certificate processing fee--$75.

(3) Probationary certificate based on recommendation by an approved educator [teacher] preparation program [entity] or Texas public school district processing fee--$50.

(4) Duplicate of an active, valid certificate or change of name on an active, valid certificate--$45.

(5) Addition of certification based on completion of appropriate examination--$75.

(6) Review of a credential issued by a jurisdiction other than Texas (nonrefundable)--$175.

(7) Temporary credential based on a credential issued by a jurisdiction other than Texas--$50.

(8) Emergency permit, including an initial [Initial ] permit, reassignment on permit with a change in assignment or school district, renewal for nonconsecutive years, or renewal of permit on a hardship basis (nonrefundable)--$55.

(9) Renewal in the school district of a permit at the same target certificate level and initial activation, or renewal in the same school district of a temporary classroom assignment permit--no fee.

(10) National criminal history check (nonrefundable)--The fee, posted on the State Board for Educator Certification website, shall vary according to the current cost of fingerprint processing and obtaining national criminal history record information from the Texas Department of Public Safety, its contractors, and the Federal Bureau of Investigation. The same fee will be paid by current certified educators who are subject to a national criminal history check pursuant to the Texas Education Code, §§22.082, 22.0831, and 22.0836.

(11) Temporary Teacher certificate based on recommendation by an approved Texas public school district--$50.

(12) Review of credentials requiring analysis and research of college or university transcript and degrees for issuance of a temporary certificate (nonrefundable)--$175.

(13) On-time renewal of Standard Educational Aide certificate--$10.

(14) Additional fee for late renewal of Standard Educational Aide certificate--$5.

(15) Reactivation of an inactive Standard Educational Aide certificate--$15.

(16) Reinstatement following restitution of child support or student loan repayment for Standard Educational Aide certificate--$20.

(17) On-time renewal of Standard certificate (to include any paraprofessional certificates if held)--$20.

(18) Additional fee for late renewal of Standard certificate--$10.

(19) Reactivation of an inactive Standard certificate--$40; except for an inactivation pursuant to §232.907 of this title (relating to Inactive Status).

(20) Reinstatement following restitution of child support or student loan repayment--$50.

(21) Visiting International Teacher certificate--$50.

§230.437.Issuance of Additional Certificates Based on Examination.

General provisions. A teacher who holds a valid provisional, professional, or standard classroom teaching certificate or a valid temporary classroom teaching certificate issued under the provisions of Subchapter O of this chapter (relating to Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States), or Chapter 245 of this title (relating to Certification of Educators from Other Countries), and a baccalaureate [bachelor's ] degree may qualify for an additional teaching field or certification to teach at another level by passing the appropriate certification examination(s) for that subject. The rule shall not be used to qualify a classroom teacher for:

(1) initial certification;

(2) career and technical education [technology ] certification based on skill and experience;

(3) another class of certificate, as listed in [19 TAC ] Chapter 232, Subchapter A [M], of this title (relating to Types and Classes of Certificates Issued);

(4) certification for which no certification examination has been developed.

§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 (relating to Schedule of Fees for Certification Services), for the purpose of recovering the costs of the TexasOnline Initiative [Inititative], with the exception of the following fees for certification services 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; and [--$10]

(6) Reinstatement following restitution of child support or student loan repayment. [--$50]

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 February 13, 2009.

TRD-200900618

Jerel Booker

Associate Commissioner, Educator Quality and Standards, Texas Education Agency

State Board for Educator Certification

Earliest possible date of adoption: March 29, 2009

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

19 TAC §§230.461 - 230.464

The amendments are proposed under the Texas Education Code (TEC), §21.040(6), which allows the State Board for Educator Certification (SBEC) authority to develop and implement policies that define responsibilities of the SBEC; §21.041(b)(4), which requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate; §21.041(b)(5), which requires the SBEC to propose rules that 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 the TEC, §21.052; §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 the TEC, Chapter 21, Subchapter B; §21.048(a), which requires the SBEC to propose rules prescribing comprehensive examinations for each class of certificate issued by the SBEC; §21.048(b), which states that the SBEC may not administer a written examination to determine the competence or level of performance of an educator who has a hearing impairment unless the examination has been field tested to determine its appropriateness, reliability, and validity as applied to, and minimum acceptable performance scores for, persons with hearing impairments; §21.048(c), which states that an educator who has a hearing impairment is exempt from taking a written examination for a period ending on the first anniversary of the date on which the SBEC determines, on the basis of appropriate field tests, that the examination complies with the standards specified in subsection (b) of this section; §21.048(c)(1), which states that the results of an examination administered under this section are confidential and are not subject to disclosure under the Texas Government Code, Chapter 552, unless the disclosure is regarding notification to a parent of the assignment of an uncertified teacher to a classroom as required by the TEC, §21.057, or the educator has failed the examination more than five times; §21.048(d), which states the definitions for hearing impairment, reliability, and validity when used in the TEC, §21.048; §21.050(a), which states that a person who applies for a teaching certificate for which SBEC rules require a bachelor's degree must possess a bachelor's degree received with an academic major or interdisciplinary academic major, including reading, other than education, that is related to the curriculum as prescribed under the TEC, Chapter 28, Subchapter A; §21.050(b), which states that the SBEC may not require more than 18 semester credit hours of education courses at the baccalaureate level for the granting of a teaching certificate; §21.050(c), which states that a person who receives a bachelor's degree required for a teaching certificate on the basis of higher education coursework completed while receiving an exemption from tuition and fees under the TEC, §54.214, may not be required to participate in any field experience or internship consisting of student teaching to receive a teaching certificate; §21.052(a), which states that the SBEC may issue a certificate to an educator who holds a degree issued by an institution accredited by a regional accrediting agency or group that is recognized by a nationally recognized accreditation board or a degree issued by an institution located in a foreign country, if the degree is equivalent to a degree described by §21.052(a)(1)(A), holds an appropriate certificate or other credential issued by another state or country, and performs satisfactorily on the examination prescribed under the TEC, §21.048, or, if the educator holds a certificate or other credential issued by another state or country, an examination similar to and at least as rigorous as that described by §21.052(a)(1)(A) administered to the educator under the authority of that state; §21.052(b), which states that for purposes of §21.052(a)(2), a person is considered to hold a certificate or other credential if the credential is not valid solely because it has expired; §21.052(c), which states that the SBEC may issue a temporary certificate under this section to an educator who holds a degree required by §21.052(a)(1) and a certificate or other credential required by §21.052(a)(2) but who has not satisfied the requirements prescribed by §21.052(a)(3); §21.052(d), which states that a temporary certificate issued under §21.052(c) to an educator employed by a school district that has constructed or expanded at least one instructional facility as a result of increased student enrollment due to actions taken under the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. Section 2687) may not expire before the first anniversary of the date on which the SBEC completes the review of the educator's credentials and informs the educator of the examination or examinations under the TEC, §21.048, on which the educator must perform successfully to receive a standard certificate; and §21.054(a), which requires the SBEC to propose rules establishing a process for identifying continuing education courses and programs that fulfill educators' continuing education requirements.

The proposed amendments implement the TEC, §§21.040(6), 21.041(b)(4) and (5) and (c), 21.048, 21.050, 21.052, and 21.054(a).

§230.461.General Provisions.

(a) A Texas educator certificate may be issued to an individual who holds a college degree and an appropriate certificate or credential issued by the authorized licensing agency in another state or territory of the United States and who meets appropriate requirements specified in §230.413 of this title (relating to General Requirements) and elsewhere in this subchapter.

(b) The degree held by an applicant from another state or territory of the United States must be equivalent to at least a baccalaureate [bachelor's] degree issued by an institution of higher education that at the time was accredited or otherwise approved by a state department of education, a recognized governmental organization, or an [a recognized regional] accrediting organization recognized by the Texas Higher Education Coordinating Board.

(c) The certificate or other credential issued by the authorized licensing agency in another state or territory of the United States may not be a temporary permit, a credential issued by a city or school district, or a certificate for which academic or other program deficiencies are indicated. Specific examination or renewal requirements shall not be considered academic deficiencies.

(d) A statement, approval letter, or certification entitlement card issued by the authorized licensing agency in another state or territory of the United States specifying eligibility for full certification upon employment or completion of specified examination requirements shall have the same standing as a certificate.

(e) The certificate and areas of certification issued by the authorized licensing agency in another state or territory of the United States must be equivalent to a certificate and certification areas approved by the State Board for Educator Certification (SBEC). The Texas Education Agency (TEA) staff [ executive director of SBEC ] shall identify the certification areas for which the applicant qualifies in Texas. The certificate(s) for which the applicant qualifies may be issued by the TEA staff under the authority of the SBEC [executive director].

§230.462.Requirements for Texas Certificates Based on Certification from Other States or Territories of the United States.

(a) An applicant for a standard Texas certificate based on a certificate issued in accordance with §230.461 of this title (relating to General Provisions) must pass the appropriate examination requirements prescribed in the Texas Education Code (TEC), [ under] §21.048(a), [Texas Education Code (relating to certification examinations)] and §230.5 of this title (relating to Educator Assessment) or achieve an acceptable level of performance on an examination(s) similar to and at least as rigorous as that prescribed in the TEC, [under ] §21.048(a), [Texas Education Code ] and §230.5 of this title that was administered to the applicant under the authority of another state or territory of the United States. The applicant shall verify in a manner determined by the Texas Education Agency staff [ executive director ] the level of performance on acceptable examinations administered under the authority of another state or territory of the United States.

(b) If all certification requirements are met except the appropriate examination requirements, the applicant may request issuance of a one-year certificate in one or more certification areas authorized on the out-of-state certificate. An applicant who holds only a student services, principal, or superintendent certificate issued in accordance with Chapter 239 of this title (relating to Student Services Certificates), with the exception of Subchapter E (relating to Master Teacher Certificate); Chapter 241 of this title (relating to Principal Certificate); or Chapter 242 of this title (relating to Superintendent Certificate) may be issued the equivalent Texas certificate. The applicant must verify two creditable years of service in an Early Childhood-Grade 12 public or private school, as defined in Chapter 153, Subchapter CC, of this title (relating to Commissioner's Rules on Creditable Years of Service), in the specific student services or administrative area sought.

[(1) An applicant who holds a special subject certificate issued in accordance with §230.461 of this title (relating to General Provisions) may be issued the equivalent Texas certificate in that special subject area.]

[(2) An applicant who holds a professional service certificate issued in accordance with §230.461 of this subchapter may be issued the equivalent Texas certificate in that professional service area. The applicant must verify three creditable years of public or private school experience, as defined in Subchapter Y of this chapter (relating to Definitions), in the professional service area.]

(c) After satisfying all requirements, including all appropriate examination requirements, the applicant is eligible to receive the appropriate standard certificate [Standard Certificate] issued under Chapter 232, Subchapter A [M] of this title (relating to [the ] Types and Classes of Certificates Issued).

(d) An applicant issued a one-year certificate under this section who does not complete the appropriate examination requirements to establish eligibility for a standard certificate [Standard Certificate] during the validity of the one-year certificate, is not eligible for any type of certificate or permit authorizing employment for the same certified level or areas until he or she has satisfied the appropriate examination requirements. If examination requirements are not met during the validity period of the one-year certificate due to circumstances beyond the control of the educator, the employing school district may request an extension not to exceed one calendar year in length.

(e) An employing superintendent may apply for a nonrenewable permit for a teacher who does not pass the pedagogy and professional responsibilities portion of the certification examinations [ professional development portion of the Examination for the Certification of Educators in Texas (ExCET) ] but does pass the appropriate content specialization portions of the examination [exam] during the validity of the one-year certificate. The nonrenewable permit shall be valid for no more than 12 months from the date the individual first attempts the pedagogy and professional responsibilities examination [professional development portion of the ExCET].

(f) An applicant shall not be required to complete the content specialization portion of the certification examination [ExCET ] in a certification area for which he or she does not seek standard certification.

(g) An applicant issued a one-year certificate under this section who, during or subsequent to the validity of the certificate, establishes eligibility for a standard certificate [Standard Certificate] may apply for:

(1) a new one-year certificate in another certification area based on an acceptable certificate from another state or territory of the United States; or

(2) a second one-year certificate in an area previously authorized on a one-year certificate, provided the applicant was not assigned to the area and has not attempted the appropriate examination requirements for that area.

[(h) An initial one-year certificate whose validity was extended under the emergency adoption (published in the August 24, 2001, issue of the Texas Register (26 TexReg 6191)), emergency amendment/correction (October 12, 2001, issue of the Texas Register (26 TexReg 7962)), or emergency extension (November 30, 2001, issue of the Texas Register (26 TexReg 9679)) of amended §230.462 of this title is hereby ratified according to the terms of its extension. The determination by the executive director or a designee of the validity period of a one-year certificate so extended shall be final and unappealable. This subsection expires March 1, 2004.]

[(i) An individual issued an initial one-year certificate under this chapter during the 2001-2002 school year with an expiration after September 1, 2002, in a certification area slated for deletion on September 1, 2002, will be permitted to take the certification examinations required for the deleted certificate until August 31, 2003, and apply for the corresponding certificate. The provisions of this subsection do not extend the validity period of the one-year certificate issued under this chapter.]

§230.463.Requests for Evaluation of College Credentials.

(a) A request [Requests] to evaluate an applicant's credentials for areas of certification that are not identified on the certificate issued in accordance with §230.461 of this title (relating to General Provisions) must be directed to an approved Texas educator preparation program. The appropriate Texas certificate will be issued upon recommendation by the educator preparation program.

(b) An individual who does not hold a certificate issued in accordance with §230.461 of this title [ (relating to General Provisions)] must have his or her credentials evaluated through an approved Texas educator preparation program and be recommended by the educator preparation program for certification.

§230.464.Application Procedures.

An individual [Individuals] who meets [meet] the requirements of this subchapter may apply for a review of his or her credentials and issuance of the appropriate Texas certificate according to procedures approved by the Texas Education Agency staff [executive director]. A review of credentials and payment of related fees are required for all applicants.

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 February 13, 2009.

TRD-200900619

Jerel Booker

Associate Commissioner, Educator Quality and Standards, Texas Education Agency

State Board for Educator Certification

Earliest possible date of adoption: March 29, 2009

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

19 TAC §230.481, §230.484

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the State Board for Educator Certification or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The repeals are proposed under the Texas Education Code (TEC), §21.031(a), which states that the State Board for Educator Certification (SBEC) shall 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 the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; and §21.041(b)(3), which requires the SBEC to propose rules that specify the period for which each class of educator certificate is valid.

The proposed repeals implement the TEC, §21.031(a) and §21.041(b)(1)-(3).

§230.481.General Provisions.

§230.484.Eligibility Requirements for Specialized Assignments or Programs.

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 February 13, 2009.

TRD-200900620

Jerel Booker

Associate Commissioner, Educator Quality and Standards, Texas Education Agency

State Board for Educator Certification

Earliest possible date of adoption: March 29, 2009

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

19 TAC §§230.481 - 230.483

The new section and amendments are proposed under the Texas Education Code (TEC), §21.031(a), which states that the State Board for Educator Certification (SBEC) shall 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 the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; and §21.041(b)(3), which requires the SBEC to propose rules that specify the period for which each class of educator certificate is valid.

The proposed new section and amendments implement the TEC, §21.031(a) and §21.041(b)(1)-(3).

§230.481.Teacher Certificate--Secondary (Grades 6-12) and Teacher Certificate--All Level (Prekindergarten-Grade 12).

(a) The Teacher Certificate--Secondary shall be based on completion of an educator preparation program as described in Chapter 228 of this title (relating to Requirements for Educator Preparation Programs). An educator preparation program for this certificate may be offered in art, French, German, Latin, Spanish, and other languages as approved by the State Board for Educator Certification (SBEC). Each educator preparation program that recommends a candidate for language certification must assess the candidate's oral proficiency in accordance with procedures, criteria, and passing scores specified by the SBEC.

(b) The provisions of subsection (a) of this section shall expire on September 1, 2011, with the exception of the area of academic specialization for art, which shall expire on September 1, 2009.

(c) The Teacher Certificate--All-Level shall be based upon completion of an educator preparation program as described in Chapter 228 of this title (relating to Requirements for Educator Preparation Programs). The area of academic specialization for the teacher certificate--all-level shall be art.

(d) The provisions of subsection (c) of this section shall expire on September 1, 2009.

§230.482.Specific Requirements for Standard Certificates and Endorsements.

(a) The following certificates require completion of an approved educator preparation program offered under §230.481 of this title (relating to Teacher Certificate--Secondary (Grades 6-12) and Teacher Certificate--All Level (Prekindergarten-Grade 12) [Subchapter G of this chapter (relating to Certification Requirement for Classroom Teachers)]:

(1) standard classroom teacher certificate--secondary; and

(2) standard classroom teacher certificate--all level. [; ]

[(3) standard special education certificates;]

[(4) standard agricultural science and standard horticultural science certificates; and]

[(5) standard home economics certificate.]

(b) The driver education endorsement will be issued upon evidence of completion of requirements specified in §75.1002 of this title (relating to Driver Education Teachers). The driver education endorsement requires completion of an approved educator preparation program offered under this section.

[(b) The standard marketing education certificate requires one of the following:]

[(1) completion of an approved program offered under §230.198 of this title (relating to Vocational Marketing Education Certificates); or]

[(2) completion of requirements in §230.483(b) of this title (relating to Specific Requirements for Standard Career and Technology Certificates Based on Experience and Preparation).]

[(c) All endorsements require completion of an approved program offered under §230.199 of this title (relating to Endorsements) or completion of requirements under provisions of §230.437 of this title (relating to Issuance of Certificates Based on Examination).]

[(d) The provisions of subsection (a)(5) of this section shall expire on September 1, 2005.]

[(e) The provisions of subsection (a)(2), (3), and (4), and subsections (b) and (c) of this section shall expire on September 1, 2007.]

§230.483.Specific Requirements for Standard Career and Technical Education [Technology] Certificates Based on Experience and Preparation.

(a) Health Science Technology Education: Grades 8-12 certificate. A standard Health Science Technology Education: Grades 8-12 certificate shall be based on experience and academic preparation in the skill area.

(1) The standard Health Science Technology Education: Grades 8-12 certificate shall require the following:

(A) a baccalaureate degree from an accredited institution of higher education;

(B) current licensure, certification, or registration by a nationally recognized accrediting agency as a health professions practitioner. The preparation program for licensure, certification, or registration must require at least two years of college-level education;

(C) approval, by the certification officer of an approved educator preparation program, of two years of wage earning experience using the licensure requirement described in subparagraph (B) of this paragraph, in addition to that required to be registered or certified; and

(D) one year of creditable classroom teaching experience, as defined in Chapter 153, Subchapter CC, of this title (relating to Commissioner's Rules on Creditable Years of Service), on an emergency permit or probationary certificate in the area of health science technology education.

(2) The standard Health Science Technology Education: Grades 8-12 certificate curricula shall be based on the standards approved by the State Board for Educator Certification. A candidate for this certificate must pass the appropriate certification examinations.

[(a) Standard health science technology certificate.]

[(1) The standard health science technology certificate shall be based on preparation and experience in the skill area and qualify the teacher to teach state approved health science technology education courses.]

[(2) Certification shall be based on experience and academic preparation in the skill area and require the following:]

[(A) a bachelor's degree or an associate's degree from an accredited institution;]

[(B) licensure, certification, or registration by a nationally recognized accrediting agency as a professional practitioner in one or more health occupations for which instruction is offered. The preparation program for licensure or certification must require at least two years of formal education;]

[(C) completion of State Board for Educator Certification (SBEC) requirements in the United States and Texas Constitutions; and]

[(D) approval, by the employing superintendent or certification officer of a college or university approved to prepare teachers for the vocational certificate, of two years of wage earning experience in a licensed hospital or health agency, in addition to that required to be registered or certified.]

[(3) The standard health science technology certificate shall require a professional development sequence that includes the following:]

[(A) developing, organizing, and using instructional materials;]

[(B) methods of teaching vocational subjects;]

[(C) human relations for vocational industrial instructors;]

[(D) aims and objectives of vocational education;]

[(E) organizing and coordinating vocational industrial cooperative programs;]

[(F) problems in industrial cooperative education; and]

[(G) two creditable years, as defined in Subchapter Y of this chapter (relating to Definitions), of teaching experience on emergency permits in the area of health science.]

[(4) Certification shall be based on experience and academic preparation in the skill area and require the following:]

[(A) a bachelor's degree from an accredited institution;]

[(B) current licensure, certification, or registration by a nationally recognized accrediting agency as a health professions practitioner. The preparation program for licensure, certification, or registration must require at least two years of formal education;]

[(C) approval, by the certification officer of an approved teacher preparation program, of two years of wage earning experience utilizing the licensure requirement described in subparagraph (B) of this paragraph, in addition to that required to be registered or certified.]

[(5) The standard health science technology certificate curricula shall be based on the standards approved by the State Board for Educator Certification. Candidates for this certificate must pass the appropriate certification assessments.]

[(6) Paragraphs (4) and (5) of this subsection become effective September 1, 2002 and supersede paragraphs (2) and (3) of this subsection effective September 1, 2006. During the transition period from September 1, 2002, through August 31, 2006, the preparation program shall determine whether the candidate will be recommended to SBEC for a certificate that complies with either paragraphs (2) and (3) of this subsection or paragraphs (4) and (5) of this subsection.]

[(b) Standard marketing education certificate.]

[(1) The standard marketing education certificate may be based on the program requirements specified in Subchapter G of this chapter (relating to Certification Requirement for Classroom Teachers) or preparation and experience in the skill area.]

[(2) Certification based on preparation and experience in the skill area shall require:]

[(A) a bachelor's degree from an accredited institution with six semester hours of courses in retailing and marketing;]

[(B) completion of SBEC requirements in the United States and Texas Constitutions;]

[(C) two years of wage-earning experience approved by the employing superintendent or certification officer of a college or university approved to prepare teachers for the vocational certificate in one or more of the marketing occupations;]

[(D) 12 semester hours of professional development from an institution with an approved program in marketing education that includes the following:]

[(i) history and philosophy of vocational education;]

[(ii) methods of teaching marketing and distributive education;]

[(iii) organizing and managing marketing education programs; and]

[(iv) techniques for coordinating marketing education programs; and]

[(E) two creditable years, as defined in Subchapter Y of this chapter, of teaching experience on emergency permits in the area of marketing education.]

[(3) The standard marketing education certificate shall establish eligibility to teach cooperative training, coordinated vocational-academic education, pre-employment laboratory, and vocational education for the handicapped in marketing and distributive education.]

[(4) The provisions of this subsection expire on September 1, 2007.]

[(c) Standard office education certificate.]

[(1) Certificates issued. The standard office education certificate shall be based on preparation and experience in the skill area and professional development. The certificate shall be required to teach office education courses taught by the cooperative or preemployment laboratory method of instruction.]

[(2) Academic specialization. The standard office education certificate shall require the following:]

[(A) a bachelor's degree in business/business education or the equivalent of a minor in the course area to be taught;]

[(B) completion of SBEC requirements in the United States and Texas Constitutions; and]

[(C) one of the following:]

[(i) two years of wage-earning experience in an office occupation approved by the employing superintendent or certification officer of a college or university approved to prepare teachers for the vocational certificate in office education; or]

[(ii) three to six semester hours of credit for an office occupation internship approved by a college or university approved to prepare teachers for the vocational certificate in office education.]

[(3) Professional development. The professional development requirements for the provisional office education certificate shall be completed in an approved institution and shall require the following:]

[(A) 6-12 semester hours of professional development that include:]

[(i) instructional strategies;]

[(ii) managing office education programs; and]

[(iii) six semester hours in the course area to be taught that are recommended by the college or university approved to prepare teachers for office education;]

[(B) completion of a workshop for new teachers sponsored by the Texas Education Agency (TEA); and]

[(C) one creditable year, as defined in Subchapter Y of this chapter, of teaching experience on an emergency permit for a teacher who does not have one or more years of teaching experience at the secondary level.]

[(d) Standard occupational orientation certificate.]

[(1) General provisions. The standard occupational orientation certificate shall be based on preparation and experience in occupational fields for which vocational education is offered and professional development.]

[(2) Academic specialization. The standard occupational orientation certificate shall require that an individual:]

[(A) hold a bachelor's degree from an accredited institution;]

[(B) complete SBEC requirements in United States and Texas Constitutions;]

[(C) to teach occupational investigation, have two years of wage-earning experience other than teaching, approved by the employing superintendent or certification officer of a college or university approved to prepare teachers for the vocational certificate in one or more occupations for which occupational education may be conducted; and]

[(D) to teach vocational education for the handicapped (VEH) occupational exploration, have two years of wage-earning experience other than teaching, approved by the employing superintendent or certification officer of a college or university approved to prepare teachers for the vocational certificate in the occupational field or cluster for which instruction is offered.]

[(3) Professional development. The professional development requirements shall be completed in an approved institution and must include:]

[(A) history and principles of vocational education;]

[(B) methods and media for teaching vocational subjects;]

[(C) occupational and vocational education information;]

[(D) planning and organizing programs of vocational guidance;]

[(E) organizing and managing the class and laboratory; and]

[(F) two creditable years, as defined in Subchapter Y of this chapter, of successful teaching experience on emergency permits in the area of vocational occupational orientation.]

[(4) The provisions of this subsection expire on September 1, 2005]

[(e) Provisional trades and industry certificates. A standard trades and industry certificate shall be based on preparation and experience in the skill areas to be taught and completion of specified professional development course work.]

[(1) Standard trades and industry - preemployment laboratory certificate.]

[(A) Academic specialization.]

[(i) Option I. Option I requires:]

[(I) a bachelor's degree from an accredited institution;]

[(II) completion of SBEC requirements in the United States and Texas Constitutions; and]

[(III) three years of full-time wage-earning experience in one or more approved occupations for which instruction is offered. The experience must be approved by the employing superintendent or certification officer of a college or university approved to prepare teachers for the vocational certificate.]

[(ii) Option II. Option II requires:]

[(I) a high school diploma or the equivalent;]

[(II) completion of SBEC requirements in the United States and Texas Constitutions; and]

[(III) five years of full-time wage-earning experience in one or more approved occupations for which instruction is offered, three of which must be in the predominate subject area. The experience must be approved by the employing superintendent or certification officer of a college or university approved to prepare teachers for the vocational certificate.]

[(iii) Cosmetology teachers. Cosmetology teachers approved under Options I or II must satisfy the following additional requirements:]

[(I) have three years of full-time wage-earning experience as a licensed cosmetologist; and]

[(II) hold a current cosmetology instructor's license issued by the Texas Cosmetology Commission.]

[(B) Professional development. The professional development requirements shall be completed in an approved institution and consist of:]

[(i) completion of a professional development sequence, that includes:]

[(I) developing, organizing, and using instructional materials;]

[(II) methods of teaching vocational subjects;]

[(III) human relations for vocational industrial instructors;]

[(IV) aims and objectives of vocational education;]

[(V) organizing and managing instructional environment; and]

[(VI) analysis and coursemaking; and]

[(ii) two creditable years, as defined in Subchapter Y of this chapter, of successful experience teaching preemployment laboratory programs on emergency permits in the area of the certificate sought.]

[(2) Standard trades and industry--cooperative training certificate.]

[(A) Academic specialization. The academic specialization requires:]

[(i) a bachelor's degree from an accredited institution;]

[(ii) completion of SBEC requirements in the United States and Texas Constitutions;]

[(iii) two creditable years, as defined in Subchapter Y of this chapter, of teaching experience in a secondary school; and]

[(iv) three years of full-time wage-earning experience in one or more approved occupations for which instruction is offered, one year for which the individual must be continuously employed in a single occupation or trade. The experience must be approved by the employing superintendent or certification officer of a college or university approved to prepare teachers for the vocational certificate.]

[(B) Professional development. The professional development requirements shall be completed in an approved institution and consist of:]

[(i) completion of a professional development sequence that includes:]

[(I) developing, organizing, and using instructional materials;]

[(II) methods of teaching vocational subjects;]

[(III) human relations for vocational industrial instructors;]

[(IV) aims and objectives of vocational education;]

[(V) organizing and coordinating vocational industrial cooperative education programs; and]

[(VI) problems in industrial cooperative education; and]

[(ii) two creditable years, as defined in Subchapter Y of this chapter, of successful experience teaching cooperative training programs on emergency permits in the area of the certificate sought.]

(b) [(f)] Trade and Industrial Education: Grades 8 - 12 [Standard trade and industrial education] certificate. A standard Trade and Industrial Education: Grades 8 - 12 [trade and industrial education] certificate shall be based on academic preparation and experience in the skill areas to be taught and completion of specified pedagogy and professional responsibilities training.

(1) The standard Trade and Industrial Education: Grades 8-12 certificate shall require the following academic [ Academic] preparation and wage-earning experience.

(A) Option I. An individual must: [Option I requires:]

(i) hold a baccalaureate [bachelor's ] degree from an accredited institution of higher education; and

(ii) have three years of full-time wage-earning experience within the past eight years in one or more approved occupations for which instruction is offered. The experience must be approved by the certification officer of an educator [a teacher] preparation program approved to prepare teachers for the trade and industrial education certificate. Up to 18 months of the wage-earning experience can be met through a formal documented internship.

(B) Option II. An individual must: [Option II requires:]

(i) hold an associate [associates' ] degree from an accredited institution of higher education; and

(ii) have three years of full-time wage-earning experience within the past eight years in one or more approved occupations for which instruction is offered. The experience must be approved by the certification officer of an educator [a teacher] preparation program approved to prepare teachers for the Trade and Industrial Education: Grades 8-12 [trade and industrial education] certificate.

(C) Option III. An individual must: [Option III requires:]

(i) hold a high school diploma or the equivalent; and

(ii) have five years of full-time wage-earning experience within the past eight years in one or more approved occupations for which instruction is offered. The experience must be approved by the certification officer of an educator [a teacher] preparation program approved to prepare teachers for the Trade and Industrial Education: Grades 8-12 [trade and industrial education] certificate.

(2) The standard Trade and Industrial Education: Grades 8-12 certificate shall require current licensure [Current licensure, certification, or registration by a state or nationally recognized accrediting agency as a professional practitioner in one or more approved occupations for which instruction is offered. Licensure ], certification, or registration by a nationally recognized accrediting agency [must be] based on a recognized test or measurement. If the licensure, certification, or registration is not based on a recognized test or measurement, then passing of the appropriate National Occupational Competency Testing Institute (NOCTI) assessment is required. A cosmetology teacher must hold a current cosmetology instructor license issued by the Texas Department of Licensing and Regulation.

(3) An individual must complete one year of creditable classroom teaching experience, as defined in Chapter 153, Subchapter CC, of this title, on an emergency permit or probationary certificate in the specific area of trade and industrial education.

[(3) This subsection becomes effective September 1, 2002, and supersedes subsection (e) of this section effective September 1, 2005. During the transition period from September 1, 2002, through August 31, 2005, the preparation program shall determine whether the candidate will be recommended to SBEC for a certificate that complies with either this subsection or subsection (e) of this section.]

(c) [(g)] Career and technical education certificate. Approval of career and technical [ vocational] education teachers shall be based on prior experience and preparation in a skill area.

(1) Prospective career and technical [vocational ] education teachers shall submit a statement of qualifications detailing prior experience and skill area preparation to the educator preparation program [employing superintendent or certification officer of a college] approved to prepare teachers for the career and technical education [vocational ] certificate sought. The [superintendent or ] certification officer ofthe educator preparation program shall review the applicant's statement of qualifications to determine whether the applicant meets the appropriate approval criteria specified in this subsection.

(2) Under this subsection [section], 12 months of wage-earning experience consisting of at least 40 hours per week shall equal one year of full-time experience. Wage-earning experience consisting of less than 40, but at least 20, hours per week shall be calculated at a 50% rate in determining years of full-time experience. Wage-earning experience consisting of less than 20 hours per week shall not be considered acceptable in determining full-time experience.

(3) Postsecondary and proprietary school teaching experience in the specific occupational area for which the candidate is seeking certification may be counted on a year-for-year basis in lieu of on-the-job experience. Proprietary schools must be accredited or otherwise approved by the Texas Workforce Commission. Recency of experience, as well as current licensure, certification, or registration by a state or nationally recognized accrediting agency must be met.

[(3) A deficiency plan specifying certification requirements shall be prepared by a college or university approved to offer course work for the vocational certificate sought.]

[(4) If the approved applicant is employed by the school district, the superintendent or designee shall apply for an emergency permit within 30 days of employment according to §230.504 of this title (relating to Specific Requirements for Initial Emergency Permits).]

[(h) Teachers assigned to Career Investigations and Career Connections]

[(1) Teachers assigned to Career Investigations/Career Connections must hold a teacher certificate in any of the Career and Technology program areas, and shall participate in a Texas Education Agency approved two-hour workshop for beginning Career Investigation/Career Connections teachers prior to teaching the course.]

[(2) Teachers assigned to Career Investigations/Career Connections must also attend and participate in a Texas Education Agency sponsored Career and Technology Education Professional Development Conference prior to assignment.]

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 February 13, 2009.

TRD-200900621

Jerel Booker

Associate Commissioner, Educator Quality and Standards, Texas Education Agency

State Board for Educator Certification

Earliest possible date of adoption: March 29, 2009

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

19 TAC §§230.501 - 230.507, 230.512

The amendments are proposed under the Texas Education Code (TEC), §21.031(a), which states that the State Board for Educator Certification (SBEC) shall 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 the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; §21.041(b)(4), which requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate; §21.044, which authorizes the SBEC to propose rules establishing the training requirements a person must accomplish to obtain a certificate, enter an internship, or enter an induction-year program and specify the minimum academic qualifications required for a certificate; §21.045(a), which authorizes the SBEC to propose rules establishing standards to govern the approval and continuing accountability of all educator preparation programs based on information that is disaggregated with respect to sex and ethnicity and that includes results of the certification examinations prescribed under the TEC, §21.048(a), and performance based on the appraisal system for beginning teachers adopted by the SBEC; §21.045(b), which specifies that each educator preparation program shall submit data elements as required by the SBEC for an annual performance report to ensure access and equity; §21.045(c), which requires the SBEC to propose rules establishing performance standards for the Accountability System for Educator Preparation for accrediting educator preparation programs; §21.045(d), which specifies that the executive director of the SBEC shall appoint an oversight team of educators to make recommendations and provide assistance to educator preparation programs that do not meet accreditation standards; §21.048(a), which requires the SBEC to propose rules prescribing comprehensive examinations for each class of certificate issued by the SBEC; §21.048(b), which states that the SBEC may not administer a written examination to determine the competence or level of performance of an educator who has a hearing impairment unless the examination has been field tested to determine its appropriateness, reliability, and validity as applied to, and minimum acceptable performance scores for, persons with hearing impairments; §21.048(c), which states that an educator who has a hearing impairment is exempt from taking a written examination for a period ending on the first anniversary of the date on which the SBEC determines, on the basis of appropriate field tests, that the examination complies with the standards specified in subsection (b) of this section; §21.048(c)(1), which states that the results of an examination administered under this section are confidential and are not subject to disclosure under the Texas Government Code, Chapter 552, unless the disclosure is regarding notification to a parent of the assignment of an uncertified teacher to a classroom as required by the TEC, §21.057, or the educator has failed the examination more than five times; §21.048(d), which states the definitions for hearing impairment, reliability, and validity when used in the TEC, §21.048.

The proposed amendments implement the TEC, §§21.031(a), 21.041(b)(1), (2), and (4), 21.044, 21.045, and 21.048.

§230.501.General Provisions.

(a) In accordance with the provisions of this subchapter, emergency permits are issued under the authority of the State Board for Educator Certification (SBEC). [The Board has delegated to regional education service centers the authority to receive applications and process emergency permits.]

(b) Under this subchapter, a superintendent or his or her designee who cannot secure an appropriately certified and qualified individual to fill a vacant position may activate an emergency permit for an individual who does not have one of the appropriate credentials required for the assignment as specified in Chapter 231 of this title (relating to Assignment of Public School Personnel) [Subchapter U of this chapter (relating to Assignment of Public School Personnel)]. The superintendent or his or her designee must:

(1) document the efforts the school district has taken to employ a fully certified individual [ person] in the position for which an emergency [ a ] permit is activated;

(2) apply for an emergency permit [by submitting the required documentation to the appropriate education service center (ESC)] when a vacant position is filled with an uncertified or inappropriately certified individual who will serve as the teacher of record or will serve in the assignment for more than 30 consecutive instructional days. The application must be submitted within 45 instructional days of the date of assignment; [.]

(3) verify that the school district maintains a support system, has assigned a trained mentor, and will provide release time as needed to assist the individual serving on an emergency permit. (A school district shall not be required to provide a mentor for a degreed, certified teacher assigned on an emergency permit [status ] if the teacher has one or more creditable years experience within the school district, as defined in Chapter 153, Subchapter CC, of this title (relating to Commissioner's Rules on Creditable Years of Service) [ Subchapter Y of this Chapter (relating to Definitions))]; and

(4) verify that the individual [teacher] for whom the emergency permit is activated has been advised of the SBEC [State Board for Educator Certification (SBEC) ] rules regarding permits and permit renewal requirements in this subchapter.

(c) A certified teacher must consent to the activation of an emergency permit and be advised of the conditions of the emergency permit. A teacher who refuses to consent to activation of an emergency permit may not be terminated or nonrenewed or otherwise retaliated against because of the teacher's refusal to consent to the activation of the emergency permit. However, a teacher's refusal to consent shall not impair a school district's right to implement a necessary reduction in force or other personnel actions in accordance with local school district policy.

[(c) The provisions of this subsection apply to a degreed, certified teacher who was employed by a district in the previous year or semester in an assignment for which he or she was fully certified.]

[(1) The teacher may not be assigned to a position that requires activating a permit unless:]

[(A) the teacher has given written consent to the activation of the permit; or]

[(B) because of fluctuations in enrollment or changes in course offerings, the teacher's previous assignment no longer exists and no alternative assignment for which the teacher is fully certified is available on that campus. If a permit is activated for a teacher under these circumstances, the teacher shall be offered the opportunity to return to his or her previous assignment or an alternative assignment for which the teacher is fully certified on that campus as soon as such an assignment is available. If a teacher accepts the assignment, the actual transfer of duties shall occur not later than the beginning of the next academic year.]

[(2) If a permit under this subsection is activated for a temporary staffing condition within 30 days of the opening of the school year or later during the contract year, the teacher is exempt from the requirement to complete additional coursework or examination requirements for certification for the remainder of the contract year for which the permit is activated. This exemption is not renewable, and a teacher continuing on an emergency permit for a second year must meet the full requirements of an emergency permit. A teacher who refuses to consent to activation of a permit under this subsection may not be terminated or nonrenewed or otherwise retaliated against because of the teacher's refusal to consent to the activation of the permit. However, a teacher's refusal to consent shall not impair a district's right to implement a necessary reduction in force or other personnel actions in accordance with local district policy.]

(d) An emergency [A] permit is authorized for the school district for a specific assignment and is not the property of the individual for whom the emergency permit was activated.

(e) If an emergency [a] permit authorized by the SBEC is not used, the school district shall notify the Texas Education Agency (TEA) staff [appropriate education service center (ESC)] in writing.

(f) An emergency [A] permit may be authorized on a hardship basis for an individual who does not meet all emergency permit requirements as listed in §§230.503(1), 230.504, and 230.506 [ §230.503(1), §230.504, and §230.506 ] of this title (relating to General Eligibility Requirements for Emergency Permits, Specific Requirements for Initial Emergency Permits, and Renewal Requirements) only if approval has been granted and written notification received from the SBEC or TEA staff [a designated representative]. The school district must:

(1) document local conditions requiring the assignment of an individual who does not meet emergency permit requirements;

(2) verify that the deficiencies for the certificate sought do not exceed 36 semester credit hours; and

(3) verify that the individual will be enrolled in the first available course listed on the deficiency plan.

(g) The school district is not required to comply with the requirements of this subchapter if an uncertified individual is assigned for a certified teacher that will be absent for more than 30 consecutive instructional days due to documented health related reasons and has expressed the intention to return to the assignment. The school district must comply with the Texas Education Code, §21.057 [§230.532(c) of this title (relating to Required Parent Notification of Noncertified Teachers)].

§230.502.Validity of Emergency Permits.

(a) The validity date [dates] of an emergency permit [permits] activated and authorized under this subchapter is [are ] specified in §230.434 of this title (relating to Effective Dates of Certificates and Permit Issuance).

(b) An emergency permit is valid for the remainder of the school year for which it is activated and authorized by the State Board for Educator Certification (SBEC). The emergency permit must be submitted to the Texas Education Agency staff [ appropriate education service center (ESC) ] within 45 instructional days from the date of assignment.

(c) An emergency permit authorized by the SBEC is valid for service only in the requesting school district and only for the assignments indicated on the emergency permit application.

(d) The employment of an individual on [the basis of ] an emergency permit may not exceed three years in the same assignment. The [An] individual may serve in a specific assignment no more than two additional school years beyond the initial emergency permit. To continue beyond the initial emergency permit year, the individual must comply with the renewal provisions specified in §230.506 of this title (relating to Renewal Requirements). To continue employment in the assignment beyond the validity of the emergency permit, the individual must hold the appropriate certificate. An individual may not serve as a classroom teacher of record in the Texas public school [schools ] for more than three school years, without obtaining initial, standard certification.

§230.503.General Eligibility Requirements for Emergency Permits.

An individual for whom an emergency permit is activated must meet the following criteria.

(1) The individual must hold a baccalaureate [ bachelor's] degree from an accredited institution of higher education.

(A) For a career and technical education [technology ] assignment requiring certification based on both a baccalaureate [bachelor's] degree and experience in the occupational area to be taught, such as health science technology education or marketing education, the individual must have completed the degree requirement and have specified work experience.

(B) For trade and industrial education [certain career and technology] assignments [ requiring certification based on skill and experience ], the individual must have specified work experience in lieu of a baccalaureate degree.

(2) The individual must be at least 18 years old.

(3) The individual must be able to speak and understand the English language sufficiently to use it easily and readily in conversation and teaching, as specified in Subchapter M of this chapter (relating to Certification of Educators in General). [The individual must be of good moral character.]

(4) The individual must be of good moral character. The State Board for Educator Certification [SBEC] may refuse to authorize an emergency permit for an individual [ a person] who has been convicted of a felony or misdemeanor crime that directly relates to the duties and responsibilities of the teaching profession.

§230.504.Specific Requirements for Initial Emergency Permits.

(a) General Provisions. An individual for whom an emergency permit is activated must:

(1) have completed the appropriate semester credit hours or equivalent contact hours required for the emergency permit sought as specified in this section; or, for a degreed, certified teacher [teachers], have passed the appropriate content specialization portions of the appropriate certification examination [Examination for the Certification of Educators in Texas (ExCET)] required for the target certificate; and

(2) have satisfied the appropriate experience requirement specified in this section for the emergency permit sought.

(b) Assignments to elementary grades (Early Childhood-Grade 6) (general education [regular students]).

(1) Elementary (Early Childhood-Grade 6) [ Self-contained classroom, Grades 1-6]. The individual must have completed 12 semester credit hours in a combination of subjects directly related to the elementary curriculum, or 12 semester credit hours in elementary education, or any combination of these areas of study. Subjects related to the elementary curriculum include, but are not limited to, art, English language arts, health, mathematics, music, physical education, reading, science, social studies, technology applications, or theatre arts.

[(2) Self-contained classroom, prekindergarten-kindergarten.]

[(A) An individual who is not certified must have completed 12 semester hours emphasizing instructional areas for early childhood education.]

[(B) An individual who is certified must hold an elementary, special education, or vocational home economics certificate (degree required).]

(2) [(3)] Foreign language in the elementary grades (Early Childhood-Grade 6).

(A) An individual must have current [secondary] certification with a teaching field in the language to be taught.

(B) An individual who holds a secondary certificate with a teaching field in the language to be taught must have completed six semester credit hours of elementary education before the assignment is continued.

(C) Continued assignment must be documented on the individual's teacher service record.

(D) An individual who holds a Generalist: Early Childhood-Grade 4 or Generalist: Early Childhood-Grade 6 certificate with a passing score on the appropriate oral proficiency test in the target language may qualify for an emergency permit. To continue in the assignment, the individual must pass the written content specialization portion of the certification examination.

(E) [(D)] Requirements specified in §230.506 of this title [subchapter] (relating to Renewal Requirements) do not apply to this assignment.

(c) Assignments to secondary grades (Grades 7-12) ( general education [regular students]).

(1) An emergency permit may be activated for an individual not certified at the secondary level provided the individual has completed:

(A) 24 semester credit hours in the subject to be taught; or

(B) 24 semester credit hours toward a composite teaching field appropriate for the assignment, including at least six semester credit hours in the subject to be taught.

(2) A Temporary Classroom Assignment Permit [ temporary classroom assignment permit] (TCAP) may be activated for a teacher certified at the secondary level assigned to a subject area not covered by the certificate. The school district is not required to file the TCAP with the Texas Education Agency staff [State Board for Educator Certification (SBEC) or appropriate education service center (ESC)]. The TCAP must be maintained in the school district personnel records.

(A) A TCAP must be activated for an individual who is assigned to one or more class periods in an area not covered by the certificate held. The individual must have completed six semester credit hours in the specific subject area(s) to be taught. A TCAP may be activated for no more than four class periods.

(B) The TCAP is valid for one school year and is not renewable except in the event that the TCAP was issued for fewer than [that] 90 calendar days before the last day of student instruction in the prior school year.

[(d) Technology Applications in Grades 7 and 8.]

[(1) If an individual is not certified, he or she must have completed 24 semester hours in computer science.]

[(2) If an individual is currently certified based on a bachelor's degree, he or she must:]

[(A) have completed three semester hours directly related to information processing technologies; or]

[(B) have achieved computing competency by having completed any combination of vendor-provided training, ESC workshops, or higher education course work.]

(d) [(e)] Assignments to all grade levels (Early Childhood-Grade 12) (general education [regular students]).

(1) An individual must have completed 24 semester credit hours in the subject area[, including six semester hours directly related to elementary grades and six semester hours directly related to secondary grades].

(2) This section will apply to all general education subject areas that are available as Early Childhood-Grade 12 certificates.

[(2) Assignments in this category are limited to the areas of art, music, physical education, and speech communication-theater arts.]

(e) [(f)] Assignments to career and technical education [technology] programs.

(1) Agricultural science and technology assignments. An individual must: [The following provisions apply to assignments to agricultural vocational education for the handicapped (VEH), agricultural preemployment laboratory (PELE), and agricultural cooperative training (CO-OP).]

(A) hold a baccalaureate degree from an accredited institution of higher education; and

(B) have completed 24 semester credit hours in agricultural science and technology coursework.

[(A) An individual must be currently certified in agricultural science.]

[(B) No previous work experience is required.]

[(C) One permit may be authorized to allow the teacher to attend a summer workshop or to complete six semester hours of upper-level specified technical agriculture courses in the area of specialization approved by the SBEC.]

(2) Health science technology assignments. An individual must:

(A) hold a baccalaureate degree from an accredited institution of higher education;

[(A) hold one of the following:]

[(i) a bachelor's degree, preferably in allied health, from an accredited institution; or]

[(ii) an associate's degree in allied health from an accredited institution;]

(B) be currently licensed, certified, or registered (requiring two years of college [formal] education) by a state-authorized or nationally recognized accrediting agency as a professional practitioner in one or more health occupations for which instruction is offered; and

(C) have an approved statement of qualifications verifying two years of full-time employment in an accredited health care facility or agency while holding the license mentioned in subparagraph (B) of this paragraph [a licensed hospital or other health services agency beyond that required to become registered or certified ].

(3) Family and consumer sciences assignments. An individual must:

(A) hold a baccalaureate degree from an accredited institution of higher education; and

(B) have completed 24 semester credit hours in family and consumer sciences coursework.

[(3) Home economics assignments.]

[(A) Home economics.]

[(i) An individual must hold a bachelor's degree in home economics from an accredited institution.]

[(ii) No previous work experience is required.]

[(B) Occupational home economics. An individual must satisfy one of the following requirements.]

[(i) An individual must:]

[(I) be certified in home economics; and]

[(II) have completed six semester hours of home economics education, emphasizing an all industry approach, designed to build instructional competencies in occupational home economics; or]

[(ii) an individual must:]

[(I) be certified in home economics with eligibility to teach specialized areas through CO-OP, PELE, coordinated vocational-academic education (CVAE), or VEH instructional settings; and]

[(II) have completed three semester hours of home economics education, emphasizing an all industry approach, designed to build instructional competencies in occupational home economics.]

(4) Marketing education assignments. An individual must:

(A) hold a baccalaureate [bachelor's] degree from an accredited institution of higher education; [and]

(B) have completed 24 semester credit hours in marketing coursework; and

(C) [(B)] have an approved statement of qualifications verifying two years of full-time wage-earning experience in marketing occupations for which training is offered at the secondary level.

[(5) Career orientation assignments. An individual must:]

[(A) hold a bachelor's degree from an accredited institution; and]

[(B) have an approved statement of qualifications verifying two years of full-time wage-earning experience in occupations other than teaching for which career and technology education may be taught.]

(5) [(6)] Business education assignments (for any instructional arrangement). An individual must:

(A) hold a baccalaureate [bachelor's] degree from an accredited institution of higher education [ in business/business education or have completed the equivalent of a minor in the course area to be taught]; and

(B) have completed 24 semester credit hours in business coursework.

[(B) have one of the following:]

[(i) an approved statement of qualifications verifying two years of full-time wage-earning experience in office occupations; or]

[(ii) verification of approval to complete a business internship approved by the certification officer of a college approved to prepare teachers for office education.]

(6) [(7)] Trade and industrial education [Trades and industry] assignments.

(A) Option I [Cooperative training]. An individual must:

(i) hold a baccalaureate [bachelor's] degree from an accredited institution of higher education; and

(ii) have an approved statement of qualifications verifying three years of full-time wage-earning experience earned within the past eight years in one or more approved occupations for which instruction is offered. Up to 18 months of the wage-earning experience can be met through a formal documented internship. [ The individual must be continuously employed for one of the three years in a single occupation or trade area.]

(B) Option II. An individual must:

(i) hold an associate degree from an accredited institution of higher education; and

(ii) have an approved statement of qualifications verifying three years of full-time wage-earning experience earned within the past eight years in one or more approved occupations for which instruction is offered.

(C) Option III. An individual must:

(i) hold a high school diploma or the equivalent; and

(ii) have an approved statement of qualifications verifying five years of full-time wage-earning experience earned within the past eight years in one or more approved occupations for which instruction is offered.

(D) Additional requirements.

(i) Current licensure, certification, or registration by a state or nationally recognized accrediting agency as a professional practitioner in one or more approved occupations for which instruction is offered. Licensure, certification, or registration by a nationally recognized accrediting agency must be based on a recognized test or measurement. If the license, certification, or registration is not based on a recognized test or measurement, then passing of the appropriate National Occupational Competency Testing (NOCTI) assessment is required.

(ii) A cosmetology teacher must:

(I) have three years of full-time wage-earning experience as a licensed cosmetologist; and

(II) currently be licensed as a cosmetology instructor by the Texas Department of Licensing and Regulation.

(iii) Wage-earning experience must be approved by the certification officer of the educator preparation program.

[(B) Preemployment laboratory.]

[(i) Option I. An individual must:]

[(I) hold a bachelor's degree from an accredited institution; and]

[(II) have an approved statement of qualifications verifying three years of full-time wage-earning experience in the occupation or skilled trade to be taught, two years of which must be in the predominant subject area.]

[(ii) Option II. An individual must:]

[(I) hold a high school diploma or the equivalent; and]

[(II) have an approved statement of qualifications verifying five years of full-time wage-earning experience in the occupation or skilled trade to be taught, three years of which must be in the predominant subject area.]

[(iii) Additional requirements. Cosmetology teachers approved under Options I or II must:]

[(I) have three years of full-time wage-earning experience as a licensed cosmetologist; and]

[(II) be currently licensed as a cosmetology instructor by the Texas Cosmetology Commission.]

(f) [(g)] Assignments for special populations.

(1) English language learners (ELLs) [Students with limited English proficiency (LEP)].

(A) Bilingual education.

(i) An individual who holds a baccalaureate [bachelor's ] degree from an accredited institution of higher education and is certified at the appropriate level must:

(I) have completed three [six] semester credit hours in an approved bilingual education program; and

(II) have completed six semester credit hours in the language of the target population; or have demonstrated proficiency in oral communication skills in the language of the target population by achieving a score of "intermediate mid" (level 2) or higher on the Texas Oral Proficiency Test (TOPT) or a comparable score on a state-approved examination of oral proficiency.

(ii) An individual who holds a baccalaureate [bachelor's ] degree from an accredited institution of higher education, but is not certified must:

(I) meet the requirements for the level of assignment;

(II) be currently enrolled in an approved educator preparation [college] program for bilingual education; and

(III) have satisfied one of the following requirements:

(-a-) have completed 12 semester credit hours in the language of the target population, bilingual education, or a combination of the two subject areas; or

(-b-) have demonstrated proficiency in oral communication skills in the language of the target population by achieving a score of "intermediate mid" (level 2) or higher on the TOPT or a comparable score on a state-approved examination of oral proficiency.

(B) English as a second language (ESL). An individual must:

(i) be currently certified for the grade level based on a baccalaureate [bachelor's] degree from an accredited institution of higher education; and

(ii) have satisfied one of the following requirements:

(I) have completed six semester credit hours in an approved ESL program; or

(II) have one creditable year of classroom teaching experience, as defined in Chapter 153, Subchapter CC, of this title (relating to Commissioner's Rules on Creditable Years of Service) [Subchapter Y of this title (relating to Definitions)].

(2) Students with special learning needs.

(A) Auditory impairments [Hearing impaired ]. An individual must:

(i) hold a baccalaureate [bachelor's] degree from an accredited institution of higher education;

(ii) have completed six semester credit hours directly related to teaching the hearing impaired;

(iii) have demonstrated competence in the specific communication method used in the classroom setting with students who are deaf; and

(iv) have verified that the employing school district, cooperative, or education service center (ESC) [ESC] has one or more fully certified teachers for students with auditory impairments available as a mentor and to provide support [the hearing impaired serving in this instructional program].

(B) Visual impairments [Visually handicapped ]. An individual must:

(i) be currently certified in elementary, secondary, or special education;

(ii) have satisfied one of the following requirements:

(I) have completed six semester credit hours directly related to teaching students with visual impairments [the visually handicapped]; or

(II) have one creditable year of classroom teaching experience, as defined in Chapter 153, Subchapter CC, of this title [Subchapter Y of this Chapter];

(iii) have demonstrated competency in literary Braille and basic Nemeth Code by passing the approved Braille examination, holding certification as a literary Braille transcriber by the Library of Congress, or completing one university course in Braille [ braille and/or other special braille notations]; and

(iv) have verified that the employing school district, cooperative, or ESC has one or more fully certified teachers of students with visual impairments available as a mentor and to provide support [ for the visually handicapped serving in this instructional program].

(C) Home-based instruction or instruction in a hospital class [Homebound or hospitalized ]. An individual must:

(i) be currently certified based on a baccalaureate [ bachelor's] degree from an accredited institution of higher education; and

(ii) have one creditable year of teaching experience, as defined in Chapter 153, Subchapter CC, of this title [ Subchapter Y of this Chapter].

(D) Special education (Early Childhood-Grade 12) [ Other special learning needs (resource room/categorically defined)].

(i) An individual who holds a baccalaureate [bachelor's ] degree from an accredited institution of higher education and is certified at the appropriate level must:

(I) have completed six semester credit hours directly related to teaching children with special learning needs; or

(II) have one creditable year of classroom teaching experience, as defined in Chapter 153, Subchapter CC, of this title [Subchapter Y of this Chapter].

(ii) An individual who holds a baccalaureate [bachelor's ] degree from an accredited institution of higher education , but is not certified must:

(I) for elementary assignments, meet requirements for the level of assignment as stated in subsection (b) of this section and have completed 18 semester credit hours directly related to teaching children with special learning needs; or

(II) for secondary assignments, have completed 24 semester credit hours directly related to teaching children with special learning needs.

(g) [(h)] Assignments for other instructional and support personnel.

(1) School Counselor (Early Childhood-Grade 12). An individual must: [Counselors.]

(A) hold a baccalaureate degree from an accredited institution of higher education;

(B) have completed 24 semester credit hours of graduate-level credit, including 12 semester credit hours in guidance and counseling; and

(C) have two creditable years of classroom teaching experience, as defined in Chapter 153, Subchapter CC, of this title.

[(A) Regular programs. An individual must:]

[(i) be currently certified at the level of assignment based on a bachelor's degree;]

[(ii) have 24 semester hours of graduate-level credit, including 12 semester hours in guidance and counseling; and]

[(iii) have three creditable years of classroom teaching experience, as defined in Subchapter Y of this Chapter.]

[(B) Special education programs. An individual must:]

[(i) be currently certified at the level of assignment based on a bachelor's degree;]

[(ii) have 24 semester hours of graduate-level credit, including 12 semester hours in guidance and counseling and three semester hours in special education; and]

[(iii) have three creditable year of classroom teaching experience, as defined in Subchapter Y of this Chapter.]

[(C) Career and technology programs. An individual must:]

[(i) be currently certified based on a bachelor's degree;]

[(ii) have 12 semester hours of graduate-level credit in guidance and counseling; and]

[(iii) have satisfied one of the following requirements:]

[(I) have two creditable years of acceptable teaching experience, as defined in Subchapter Y of this Chapter, in an approved career and technology program that prepares students for gainful employment; or]

[(II) have a combination of three years of experience that may include creditable teaching experience but must include at least one year of experience in an occupation or trade area for which career and technology education is offered. To establish acceptability of work experience other than teaching, a statement of qualifications must be approved by the certification officer of an institution approved to prepare career and technology counselors.]

(2) Educational Diagnostician (Early Childhood-Grade 12) [ diagnosticians]. An individual must:

(A) hold [be currently certified based on] a baccalaureate [bachelor's] degree from an accredited institution of higher education;

(B) have completed 30 semester credit hours of graduate-level credit in the field of education or a related field, including six semester credit hours in tests and measurements, at least three semester credit hours of which emphasized individualized testing;

(C) have completed six semester credit hours directly related to teaching individuals with special learning needs; and

(D) have two [three] creditable years of classroom teaching experience, as defined in Chapter 153, Subchapter CC, of this title [ Subchapter Y of this Chapter].

(3) School Librarian (Early Childhood-Grade 12) [ Learning resources personnel]. An individual must:

(A) hold [be currently certified based on] a baccalaureate [bachelor's] degree from an accredited institution of higher education;

(B) have completed six semester credit hours directly related to the basic competencies required of school librarians [learning resources personnel]; and

(C) have two [one] creditable years [year] of classroom teaching experience, as defined in Chapter 153, Subchapter CC, of this title [ Subchapter Y of this Chapter].

(4) Reserve Officers' Training Corps (ROTC) instructor [ instructors].

(A) An individual must verify that he or she has satisfied the requirements and been approved to serve by the ROTC.

(B) Requirements specified in §230.506 of this title [ subchapter] (relating to Renewal Requirements) do not apply to this assignment.

(C) Continued assignment must be documented on the individual's teacher service record.

[(5) Supervisors.]

[(A) Regular programs. An individual must:]

[(i) be currently certified based on a bachelor's degree;]

[(ii) have 24 semester hours of graduate-level credit, including six semester hours of educational leadership and supervision; and]

[(iii) have three creditable years of classroom teaching experience, as defined in Subchapter Y of this Chapter.]

[(B) Special education programs. An individual must:]

[(i) be currently certified based on a bachelor's degree;]

[(ii) have satisfied one of the following requirements:]

[(I) be currently certified in a special education area and have completed six semester hours in educational leadership or supervision; or]

[(II) be currently certified in supervision or administration and have completed six semester hours in special education, including a survey of individual exceptionalities;]

[(iii) have 24 semester hours of graduate-level credit in education or a related field; and]

[(iv) have three creditable years of classroom teaching experience, as defined in Subchapter Y of this Chapter, including at least one year in a special education setting]

[(C) Career and technology programs. An individual must:]

[(i) hold a bachelor's degree and be currently certified, consistent with the supervisory assignment, for the grade level or programs; and]

[(ii) have satisfied one or a combination of the following requirements:]

[(I) have three creditable years of teaching experience, as defined in Subchapter Y of this Chapter, in an approved career and technology education program adopted by the State Board of Education under the Texas Education Code (TEC), §28.002(b); or]

[(II) have three creditable years of public school experience, as defined in Subchapter Y of this Chapter, as a certified career and technology counselor. Permit applicants for career and technology supervisor assignments are not required to submit a statement of qualifications.]

>[(6) Visiting teachers.]

[(A) Regular programs. An individual must:]

[(i) be currently certified based on a bachelor's degree;]

[(ii) have 15 semester hours of graduate-level credit in the social or behavioral sciences, including six semester hours of specific preparation in studies of the emotional and cultural development of individuals; and]

[(iii) have satisfied one or a combination of the following requirements:]

[(I) have three creditable years of teaching experience, as defined in Subchapter Y of this Chapter; or]

[(II) have three years of experience in a social welfare agency approved by the State Board for Educator Certification.]

[(B) Special education programs. An individual must:]

[(i) be currently certified based on a bachelor's degree;]

[(ii) have 30 semester hours of graduate-level credit in social or behavioral sciences, including specific preparation to serve individuals with special learning needs; and]

[(iii) have three creditable years of teaching experience, as defined in Subchapter Y of this Chapter.]

§230.505.Procedures for Activation of Initial Emergency Permits.

(a) For all assignments (except career and technical education [technology] assignments based on skill and experience). The employing superintendent or his or her designee or authorized representative must verify the individual's eligibility for the emergency permit as described in §230.503 of this title (relating to General Eligibility Requirements for Emergency Permits) and §230.504 of this title (relating to Specific Requirements for Initial Emergency Permits) [of this subchapter] and submit to the Texas Education Agency (TEA) staff the following information [items to the appropriate education service center (ESC)] within 45 instructional days of assignment:

(1) a completed [an] emergency permit application;

(2) one of the following:

(A) a deficiency plan from an approved Texas educator preparation program verifying that the individual meets the grade point average requirement [required ] for admission to the educator [teacher ] education program and a listing of the preparation, student teaching/internship, and/or assessment activities required to obtain certification in the assignment for which the emergency permit application has been submitted; or

(B) for an individual who holds a baccalaureate [ bachelor's] degree from an accredited institution of higher education , is certified, and is placed in an assignment requiring a classroom teaching certificate or endorsement, verification of registration for the next available [ either the October or February] administration of the appropriate content specialization portion of the certification examination [Examination for the Certification of Educators in Texas (ExCET)]; and

(3) the appropriate fee (payable by the school district).

(b) For career and technical education [technology ] assignments based on skill and experience. The employing superintendent or his or her designee or authorized representative must verify the individual's eligibility for the emergency permit as described in §230.503 and §230.504 of this title and submit to the TEA staff the following information [items to the appropriate ESC ] within 45 instructional days of assignment:

(1) a completed [an] emergency permit application;

(2) a copy of the individual's statement of qualifications, approved by the [employing superintendent or designee or] certification officer of an institution of higher education approved to prepare career and technical education [technology] teachers, verifying appropriate work experience in the occupation or trade area to be taught. For the purpose of approving work experience, 12 months of wage-earning experience consisting of at least 40 hours per week shall equal one year of full-time experience. Wage-earning experience consisting of less than 40 hours per week, but at least 20[,] hours per week, shall be calculated at a 50% rate in determining years of full-time [equivalent] experience. Wage-earning experience consisting of less than 20 hours per week shall not be considered acceptable in determining full-time [equivalent] experience;

(3) a deficiency plan from an approved Texas educator preparation program for the career and technical education [ technology] certificate appropriate for the assignment; and

(4) the appropriate fee (payable by the school district).

§230.506.Renewal Requirements.

(a) General provisions.

(1) The employing superintendent or his or her designee or authorized representative of a public school district may renew an emergency permit for the same assignment in the same school district for which the initial emergency permit was activated.

(2) No individual may continue in the same assignment for more than three years of service on [the basis of] an emergency permit, except as provided in paragraph (4) of this subsection.

(3) The total of semester credit hours or the equivalent contact hours required to obtain certification appropriate for the assignment shall determine the number of emergency permit renewals for which the individual may be eligible. The following schedule shall determine eligibility for emergency permit renewal.

(A) For six semester credit hours or less plus appropriate examination requirements, an individual is not eligible for renewal.

(B) For six semester credit hours or less, appropriate examination requirements, and teaching two years on an emergency permit in lieu of student teaching, an individual is eligible for one renewal, provided the individual completes all coursework during the first year.

(C) For 7-12 semester credit hours plus appropriate examination requirements, an individual is eligible for one renewal.

(D) For more than 12 semester credit hours plus appropriate examination requirements, an individual is eligible for two renewals.

(4) An emergency permit [Permits] used fewer than 85 calendar days may be renewed for one additional year of service, provided renewal requirements have been met each year. Effective with the 1998-1999 [1998-99] school year, emergency permits used fewer than [that] 90 calendar days may be renewed for one additional year of service.

(b) Renewal procedures.

(1) Before an emergency permit for a noncertified individual is renewed for the first time, the superintendent or his or her designee or authorized representative must verify that a noncertified teacher has satisfied the admission requirements of an educator preparation program in the areas of reading, [oral and ] written communication, and mathematics.

(2) No emergency permit renewal will be authorized for a teacher who does not satisfy the admission requirements of an educator preparation program specified in paragraph (1) of this subsection.

(3) The superintendent or his or her designee or authorized representative may renew an emergency permit provided the following requirements and procedures are met.

(A) The emergency permit must be renewed for the same assignment in the same school district.

(B) Official transcripts verifying completion of a minimum of six semester credit hours or documentation of completion of equivalent contact hours toward the appropriate target certificate must be placed in the individual's personnel file.

(C) The appropriate renewal section of the original emergency permit application must be completed prior to the beginning date of duties for the current school year.

(4) Requests for emergency permit renewal must be submitted [ to the appropriate education service center (ESC)] for authorization when:

(A) an individual has failed to demonstrate progress toward correcting a deficiency by completing the appropriate renewal requirements specified in subsection (a) of this section;

(B) the renewal is for a change of assignment or school district; or

(C) the renewal is for nonconsecutive years.

(5) The following information [materials] must be submitted when requesting authorization for emergency permit renewal from the Texas Education Agency (TEA) staff [ appropriate ESC]:

(A) an emergency permit application, indicating the appropriate renewal, completed before the continued assignment;

(B) verification [official transcripts] of all course work or [documentation of ] equivalent contact hours completed since authorization of the initial emergency permit; and

(C) the appropriate fee (payable by the school district).

§230.507.Nonrenewable Permits.

(a) The superintendent or his or her designee of a public school district may activate a nonrenewable permit for an individual who has not completed the appropriate examination requirements specified in §230.5 of this title (relating to Educator Assessment).

(b) A nonrenewable permit may be activated for an individual in one or more of the following categories:

(1) an individual who has completed all course and degree requirements of a Texas educator preparation program specified in this chapter except for successful completion of all appropriate examination requirements. Nonrenewable permits activated for individuals in this category expire 12 months from the date of activation;

(2) an individual who holds a Texas teacher certificate with an effective date before February 1, 1986, but has not revalidated the certificate for employment purposes by passing an examination specified in this chapter. The individual must not have been employed in a Texas public school during the 1985-1986 school year or since. A nonrenewable permit activated for an individual in this category expires six months from the date of activation or at the end of the school year, whichever is less; or

(3) an individual who has served on a one-year [ temporary] certificate under Subchapter O of this chapter (relating to Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States) and passed the appropriate content specialization portions of the certification examinations [Examination for the Certification of Educators in Texas (ExCET)] but did not pass the pedagogy and professional responsibilities [ development] portion of the examination while the one-year [temporary ] certificate was valid. A nonrenewable permit activated for an individual in this category expires 12 months from the date the individual first attempted the pedagogy and professional responsibilities [development] portion of the certification examinations [ExCET].

(c) A nonrenewable permit may not be activated for an individual in the same assignment area for which another permit had previously been authorized.

(d) The employing superintendent or his or her designee or authorized representative must verify that an individual is eligible for the permit under this section and submit the following information [items to the appropriate ESC] within 60 calendar days of assignment:

(1) an application for a nonrenewable permit completed before the effective date of the assignment; and

(2) the appropriate fee (payable by the school district).

§230.512.Emergency Certificates.

The permits contained in this subchapter fulfill the provision stated in the Texas Education Code, §21.041(b)(2), concerning emergency certificates until rules relating to new classes of emergency certificates are adopted.

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 February 13, 2009.

TRD-200900622

Jerel Booker

Associate Commissioner, Educator Quality and Standards, Texas Education Agency

State Board for Educator Certification

Earliest possible date of adoption: March 29, 2009

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

19 TAC §§230.509 - 230.511

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the State Board for Educator Certification or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The repeals are proposed under the Texas Education Code (TEC), §21.031(a), which states that the State Board for Educator Certification (SBEC) shall 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 the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; §21.041(b)(4), which requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate; §21.044, which authorizes the SBEC to propose rules establishing the training requirements a person must accomplish to obtain a certificate, enter an internship, or enter an induction-year program and specify the minimum academic qualifications required for a certificate; §21.045(a), which authorizes the SBEC to propose rules establishing standards to govern the approval and continuing accountability of all educator preparation programs based on information that is disaggregated with respect to sex and ethnicity and that includes results of the certification examinations prescribed under the TEC, §21.048(a), and performance based on the appraisal system for beginning teachers adopted by the SBEC; §21.045(b), which specifies that each educator preparation program shall submit data elements as required by the SBEC for an annual performance report to ensure access and equity; §21.045(c), which requires the SBEC to propose rules establishing performance standards for the Accountability System for Educator Preparation for accrediting educator preparation programs; §21.045(d), which specifies that the executive director of the SBEC shall appoint an oversight team of educators to make recommendations and provide assistance to educator preparation programs that do not meet accreditation standards; §21.048(a), which requires the SBEC to propose rules prescribing comprehensive examinations for each class of certificate issued by the SBEC; §21.048(b), which states that the SBEC may not administer a written examination to determine the competence or level of performance of an educator who has a hearing impairment unless the examination has been field tested to determine its appropriateness, reliability, and validity as applied to, and minimum acceptable performance scores for, persons with hearing impairments; §21.048(c), which states that an educator who has a hearing impairment is exempt from taking a written examination for a period ending on the first anniversary of the date on which the SBEC determines, on the basis of appropriate field tests, that the examination complies with the standards specified in subsection (b) of this section; §21.048(c)(1), which states that the results of an examination administered under this section are confidential and are not subject to disclosure under the Texas Government Code, Chapter 552, unless the disclosure is regarding notification to a parent of the assignment of an uncertified teacher to a classroom as required by the TEC, §21.057, or the educator has failed the examination more than five times; §21.048(d), which states the definitions for hearing impairment, reliability, and validity when used in the TEC, §21.048.

The proposed repeals implement the TEC, §§21.031(a), 21.041(b)(1), (2), and (4), 21.044, 21.045, and 21.048.

§230.509.Policy.

§230.510.Exchange Teachers.

§230.511.Teachers for Bilingual Education Programs.

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 February 13, 2009.

TRD-200900623

Jerel Booker

Associate Commissioner, Educator Quality and Standards, Texas Education Agency

State Board for Educator Certification

Earliest possible date of adoption: March 29, 2009

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

19 TAC §§230.551 - 230.555, 230.559, 230.560

The amendments are proposed under the Texas Education Code (TEC), §21.041(a), which allows the SBEC to adopt rules as necessary for its own procedures; §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; §21.041(b)(3), which requires the SBEC to propose rules that specify the period for which each class of educator certificate is valid; and §21.041(b)(4), which requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate.

The proposed amendments implement the TEC, §21.041(a) and (b)(1)-(4).

§230.551.Policy.

An individual [Each person] employed in a Texas public school [schools] as an educational aide must be certified according to requirements established by the State Board for Educator Certification.

§230.552.Procedures in General.

(a) School district administrators have the authority and responsibility to determine the number of educational aides and level of job performance desired for the operation of the school district [ district's program]. The school district administrator is [They are also ] responsible for preparing accurate job descriptions for each assignment, classifying each assignment, and filling these assignments with individuals certified according to this subchapter.

(b) An appropriate certificate shall be issued to a qualified individual who is recommended by the employing superintendent or his or her designee and who meets the requirements [ requirement] of this subchapter. The school district shall submit the following materials to the SBEC:

(1) a completed application and recommendation for an educational aide certificate; and

(2) the designated fee.

(c) An individual with experience in other states must have that experience verified on a teacher service record when he or she is employed in a Texas school district.

(d) An applicant for an Educational Aide [ educational aide ] certificate is subject to the provisions in §230.413(b)(1)-(5) of this title [chapter] (relating to General Requirements).

§230.553.Certification Requirements for Educational Aide I.

An applicant for an educational aide I certificate shall:

(1) hold [be] a high school diploma [ graduate] or the equivalent [hold a general education diploma (GED) certificate]; and

(2) have experience working with students or parents as approved by the employing superintendent. Experience may be work in church related schools, day camps, youth groups, private schools, licensed day-care centers, or similar experience.

§230.554.Certification Requirements for Educational Aide II.

An applicant for an educational aide II certificate shall:

(1) hold [be] a high school diploma [ graduate] or the equivalent [hold a general education diploma (GED) certificate];

(2) have satisfied one of the following requirements:

(A) have two creditable years of experience, as defined in Chapter 153, Subchapter CC, of this title (relating to Commissioner's Rules on Creditable Years of Service) [Subchapter Y of this chapter (relating to Definitions)], as an educational aide I; [or]

(B) have completed a minimum of 15 semester credit hours of college credit with some emphasis on child growth and development or related subject areas; or

(C) have demonstrated proficiency in a specialized skill area as determined by the [local] school district; and

(3) have experience working with students or parents as approved by the employing superintendent.

§230.555.Certification Requirements for Educational Aide III.

An applicant for an educational aide III certificate shall:

(1) hold [be] a high school diploma [ graduate] or the equivalent [hold a general education diploma (GED) certificate];

(2) have satisfied one of the following requirements:

(A) have three creditable years of experience, as defined in Chapter 153, Subchapter CC, of this title (relating to Commissioner's Rules on Creditable Years of Service) [Subchapter Y of this Chapter (relating to Definitions) ], as either an educational aide I or II; or

(B) have completed 30 semester credit hours of college credit with some emphasis on child growth and development or related subject areas; and

(3) have experience working with students or parents as approved by the employing superintendent.

§230.559.Assignments in Specialized Areas.

An individual [Each person] employed as an educational aide must hold an Educational Aide [ educational aide ] certificate. An educational aide assigned to a specialized area, such as vocational education, special education, and title programs, shall meet the eligibility requirements assigned to that area; however, no certification beyond an educational aide certificate will be required for assignment in a specialized area.

§230.560.Role Descriptions.

School districts shall use the following guidelines to assign educational aides.

(1) Educational Aide I [An educational aide I]: [is assigned and] performs routine tasks under the direction and supervision of a certified teacher or teaching team; releases the teacher from routine tasks and participates in selecting, planning, organizing, and evaluating; helps the teacher with clerical operations; helps the teacher supervise students in routine movement from one recreational activity to another; helps supervise the playground, bus, and lunchroom; helps the teacher prepare and use instructional media; duplicates instructional materials for teachers; performs classroom clerical operations under the supervision of a certified teacher; or performs equivalent activities determined by the local school district.

(2) Educational Aide II [An educational aide II]: [ is assigned and] performs tasks under the general supervision of a certified teacher or teaching team; releases the teacher from routine tasks and participates in selecting, planning, organizing, and evaluating; helps the teacher prepare and use instructional materials; conducts drills and exercises as directed by the teacher; helps administer and score objective measurement instruments; helps the teacher work with individual students and groups; duplicates materials; records grades and attendance; prepares instructional aids, including displays and mockups; assists with play area activities; helps operate and use educational media; assists with testing routines; works with individual students in drills and exercises; conducts group drills and exercises; assists students with programmed or precise units of instruction; or performs equivalent activities determined by the local school district.

(3) Educational Aide III [An educational aide III ]: performs and assumes responsibility for tasks under the general guidance of a certified teacher or teaching team; releases the teacher from routine tasks and participates in selecting, planning, organizing, and evaluating; helps the teacher implement methodology and use instructional media to yield an educational environment for all students; assists the teacher with instructional activities; works with individuals or groups of students in a variety of educational experiences; relieves the teacher of selected exercises and instructional drills with students; or performs equivalent activities determined by the local school district.

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 February 13, 2009.

TRD-200900624

Jerel Booker

Associate Commissioner, Educator Quality and Standards, Texas Education Agency

State Board for Educator Certification

Earliest possible date of adoption: March 29, 2009

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

19 TAC §230.601

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the State Board for Educator Certification or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The repeal is proposed under the Texas Education Code (TEC), §21.041(b)(1), which requires the State Board for Educator Certification (SBEC) to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; and §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates.

The proposed repeal implements the TEC, §21.041(b)(1) and (2).

§230.601.Assignment of Public School Personnel.

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 February 13, 2009.

TRD-200900625

Jerel Booker

Associate Commissioner, Educator Quality and Standards, Texas Education Agency

State Board for Educator Certification

Earliest possible date of adoption: March 29, 2009

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

19 TAC §230.610

The amendment is proposed under the Texas Education Code (TEC), §21.044, which authorizes the State Board for Educator Certification to propose rules establishing the training requirements a person must accomplish to obtain a certificate, enter an internship, or enter an induction-year program and specify the minimum academic qualifications required for a certificate.

The proposed amendment implements the TEC, §21.044.

§230.610.Induction Program for Beginning Teachers.

(a) General provisions. Beginning teachers who do not have prior teaching experience shall be assigned a trained mentor teacher.

(b) Induction training for beginning teachers. Beginning teachers shall participate in teacher orientation, which may include specialized induction year program activities.

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 February 13, 2009.

TRD-200900626

Jerel Booker

Associate Commissioner, Educator Quality and Standards, Texas Education Agency

State Board for Educator Certification

Earliest possible date of adoption: March 29, 2009

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

19 TAC §230.801

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the State Board for Educator Certification or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The repeal is proposed under the Texas Education Code (TEC), §21.041(b)(1), which requires the State Board for Educator Certification (SBEC) to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; and §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates.

The proposed repeal implements the TEC, §21.041(b)(1) and (2).

§230.801.Definitions.

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 February 13, 2009.

TRD-200900627

Jerel Booker

Associate Commissioner, Educator Quality and Standards, Texas Education Agency

State Board for Educator Certification

Earliest possible date of adoption: March 29, 2009

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

19 TAC §231.1

(Editor's note: In accordance with Texas Government Code, §2002.014, which permits the omission of material which is "cumbersome, expensive, or otherwise inexpedient," the figure in 19 TAC §231.1(e) is not included in the print version of the Texas Register. The figure is available in the on-line version of the February 27, 2009, issue of the Texas Register.)

The State Board for Educator Certification (SBEC) proposes new §231.1, concerning provisions for assignment of public school personnel. The proposed new section would provide guidance to school districts with regard to the certificates required for specific assignments of public school educators. The proposed new section includes language from 19 TAC §230.601, which is proposed for repeal as part of the review of 19 TAC Chapter 230.

The SBEC is proposing that 19 TAC Chapter 230, Subchapter U, Assignment of Public School Personnel, §230.601, Assignment of Public School Personnel, be moved to a new chapter as a result of the review of rules in 19 TAC Chapter 230. The proposed repeal of 19 TAC §230.601 can be found in the Proposed Rules section of this issue.

Proposed new 19 TAC §231.1 would specify the criteria for assignment of public school personnel and would adopt in rule a figure showing a list of assignments with corresponding certificates for each assignment. The proposed new section includes language currently in 19 TAC §230.601, which is proposed for repeal and reorganized in proposed new 19 TAC §231.1.

The figure that would be adopted in rule in subsection (e) is organized into three parts. Part I includes the requirements for assignment of teachers. Part II includes the requirements for teachers certified before 1966 and assigned to Grades 6-12. Part III includes the requirements for assignment of administrators, other instructional and professional support personnel, special education related services personnel, and paraprofessional personnel.

The proposed new section would have no procedural and reporting implications. Also, the proposed new section would not include any additional locally maintained paperwork requirements.

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

Mr. Booker has determined that for the first five-year period the proposed new section is in effect the public benefit anticipated as a result of the proposed new section would be a clearer and more accessible statement of the requirements relating to the assignment of educators in Texas public schools. There is no anticipated economic cost to persons or entities required to comply with the proposed new section.

In addition, there is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, (512) 475-1497. Comments may also be submitted electronically to sbecrules@tea.state.tx.us or faxed to (512) 463-0028. All requests for a public hearing on the proposed new section submitted under the Administrative Procedure Act must be received by the Department of Educator Quality and Standards, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, Attention: Jerel Booker, 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 TEC, §21.031(a), which states that the SBEC shall 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 the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; and §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates.

The proposed new section implements the TEC, §21.031(a) and §21.041(b)(1) and (2).

§231.1.Criteria for Assignment of Public School Personnel.

(a) The assignment requirements in this chapter apply to the holders of certificates issued on the basis of 1955, 1972, 1984, and 1987 Standards for Teacher Education as well as certificates issued on the basis of standards aligned with the Texas Essential Knowledge and Skills (TEKS) curriculum, adopted by the State Board of Education, as specified in Chapter 233 of this title (relating to Categories of Classroom Teaching Certificates).

(b) An elementary certificate may be appropriate for teaching high school students if the level of instruction is comparable to that in elementary grades. When such an assignment is made, course outlines must be maintained in the school district files.

(c) Professional personnel employed in federally funded programs and innovative programs must have the qualifications and meet the assignment requirements specified in subsection (e) of this section and in other rules of the State Board for Educator Certification (SBEC).

(d) The assignment requirements in this chapter apply to substitute teachers. If a school district must employ a substitute teacher who is not certified, a list of the substitute teachers shall be retained in the school district files.

(e) A public school employee must have the appropriate credentials for his or her current assignment specified in the figure provided in this subsection and in other rules of the SBEC, unless the appropriate permit has been issued under Chapter 230, Subchapter Q, of this title (relating to Permits).

Figure: 19 TAC §231.1(e) (.pdf)

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 February 13, 2009.

TRD-200900628

Jerel Booker

Associate Commissioner, Educator Quality and Standards, Texas Education Agency

State Board for Educator Certification

Earliest possible date of adoption: March 29, 2009

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

SUBCHAPTER B. CERTIFICATE RENEWAL AND CONTINUING PROFESSIONAL EDUCATION REQUIREMENTS

19 TAC §232.830

The State Board for Educator Certification (SBEC) proposes an amendment to §232.830, concerning certificate renewal and continuing professional education requirements. The proposed amendment would be necessary to update the current rule to reflect the proposed section title change for 19 TAC §249.16.

The Texas Education Code (TEC), §21.041(b)(7) and (8), authorize the SBEC to adopt rules providing for disciplinary proceedings and enforcing the educator's code of ethics.

At the July 2007 SBEC meeting, the SBEC requested that an amendment to 19 TAC §249.16 be pulled from the proposed rule changes to 19 TAC Chapter 249 for filing with the Texas Register so that an Attorney General's opinion could be requested regarding the meaning of the TEC, §21.060, added by Senate Bill 9, 80th Texas Legislature, 2007. The question submitted to the Attorney General was whether the proposed amendment to 19 TAC §249.16 would be in conflict with the TEC, §21.060. Subsequently, the Attorney General issued Opinion No. GA-0614 ruling that the list of crimes deemed to be related to the duties and responsibilities of the education profession is nonexclusive in the TEC, §21.060. Therefore, the SBEC has the authority, pursuant to the Texas Occupations Code, §53.025, to list crimes other than those listed in the TEC, §21.060, as being related to the duties and responsibilities of the education profession. As a result, the SBEC proposes the following amendment to 19 TAC §232.830.

A technical edit would be made to §232.830 to update references to the proposed section title change for 19 TAC §249.16. The proposed amendment to 19 TAC §249.16 can be found in the Proposed Rules section of this issue.

The proposed amendment would have no procedural and reporting implications. Also, the proposed amendment would not include any additional locally maintained paperwork requirements.

Jerel Booker, associate commissioner for educator quality and standards, has determined that for the first five-year period the proposed amendment is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed amendment.

Mr. Booker has determined that for the first five-year period the proposed amendment is in effect the public benefit anticipated as a result of the proposed amendment would be to inform the public of the appropriate statutory reference for 19 TAC §249.16. There is no anticipated economic cost to persons or entities required to comply with the proposed amendment.

In addition, there is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, (512) 475-1497. Comments may also be submitted electronically to sbecrules@tea.state.tx.us or faxed to (512) 463-0028. All requests for a public hearing on the proposed amendment submitted under the Administrative Procedure Act must be received by the Department of Educator Quality and Standards, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, Attention: Jerel Booker, not more than 15 calendar days after notice of the proposal has been published in the Texas Register.

The amendment is proposed under the TEC, §21.041(b)(7), which requires the SBEC to propose rules that provide for disciplinary proceedings, including the suspension or revocation of an educator certificate, as provided by Texas Government Code, Chapter 2001; and §21.041(b)(8), which requires the SBEC to propose rules that provide for the enforcement of an educator's code of ethics.

The proposed amendment implements the TEC, §21.041(b)(7) and (8).

§232.830.Requirements for Certificate Renewal.

(a) (No change.)

(b) To be eligible for renewal, an educator must:

(1) - (3) (No change.)

(4) successfully resolve any criminal history, as defined by §249.16 of this title (relating to Eligibility of Persons with Criminal Convictions for a Certificate under Texas Occupations Code, Chapter 53 [Articles 6252-13c and 6252-13d, Revised Civil Statutes]);

(5) - (8) (No change.)

(c) - (e) (No change.)

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 February 13, 2009.

TRD-200900629

Jerel Booker

Associate Commissioner, Educator Quality and Standards, Texas Education Agency

State Board for Educator Certification

Earliest possible date of adoption: March 29, 2009

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

19 TAC §§233.2, 233.4, 233.6, 233.7, 233.12, 233.14

The State Board for Educator Certification (SBEC) proposes amendments to §§233.2, 233.4, 233.6, 233.7, 233.12, and 233.14, concerning categories of classroom teaching certificates. The proposed amendments would update the rules to establish a deadline of September 1, 2011, for issuing the Generalist: Early Childhood-Grade 4 certificate, the Bilingual Generalist: Early Childhood-Grade 4 certificate, the Bilingual Education Supplemental: Early Childhood-Grade 4 certificate, the Bilingual Education Supplemental: Grades 4-8 certificate, and the English as a Second Language Generalist: Early Childhood-Grade 4 certificate. Language would also be amended to include a Bilingual Education Supplemental certificate and clarify the specific assignment eligibility for the holder of a mathematics and science certificate.

The Texas Education Code (TEC), §21.003(a), states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B. The TEC, §21.031(b), states that in proposing rules under the TEC, Chapter 21, Subchapter B, the SBEC shall ensure that all candidates for certification or renewal of certification demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of the state.

The SBEC determined that expiration dates for some certificates are needed as a result of the implementation of the new Generalist Early Childhood-Grade 6 certificates. In addition, the SBEC proposes adding all physics and chemistry courses as acceptable assignments for holders of the Mathematics/Physical Science/Engineering: Grades 8-12 certificate due to changes in the certification examination. Specifically, the following changes to rules are proposed.

In 19 TAC §233.2, language would be added to specify an end date of September 1, 2011, for the Generalist: Early Childhood-Grade 4 certificate in subsection (a).

In 19 TAC §233.4(i), language would be amended to allow the holder of the Mathematics/Physical Science/Engineering: Grades 8-12 certificate to teach all physics and chemistry courses. The Texas Education Agency staff have reviewed and determined that the certification examination incorporates sufficient test items in the areas of physics and chemistry to justify the addition of these assignments.

In 19 TAC §233.6, language would be added to specify an end date of September 1, 2011, for the Bilingual Generalist: Early Childhood-Grade 4 certificate in subsection (a), for the Bilingual Education Supplemental: Early Childhood-Grade 4 certificate in subsection (d), and for the Bilingual Education Supplemental: Grades 4-8 certificate in subsection (e). Proposed new subsection (f) would be added to include the new Bilingual Education Supplemental certificate. A holder of the Bilingual Education Supplemental certificate would teach in a bilingual or English as a second language program at the same grade levels and in the content area(s) of the holder's base certificate.

In 19 TAC §233.7, language would be added to specify an end date of September 1, 2011, for the English as a Second Language Generalist: Early Childhood-Grade 4 certificate in subsection (a).

In 19 TAC §233.12 and §233.14, technical changes would be made, such as the phrase "career and technology" would be replaced with "career and technical." Also in §233.14, the cross reference to 19 TAC §230.483 would be updated due to proposed changes in 19 TAC Chapter 230. The proposed amendment to 19 TAC §230.483 can be found in the Proposed Rules section of this issue.

The proposed amendments would have no procedural and reporting implications. Also, the proposed amendments would not include any additional locally maintained paperwork requirements.

Jerel Booker, associate commissioner for educator quality and standards, has determined that for the first five-year period the proposed amendments are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed amendments.

Mr. Booker has determined that for the first five-year period the proposed amendments are in effect the public benefit anticipated as a result of the proposed amendments would be clarification of the courses that can be taught by the holders of these certificates and additional flexibility in the assignment of personnel. There is no anticipated economic cost to persons or entities required to comply with the proposed amendments.

In addition, there is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, (512) 475-1497. Comments may also be submitted electronically to sbecrules@tea.state.tx.us or faxed to (512) 463-0028. All requests for a public hearing on the proposed amendments submitted under the Administrative Procedure Act must be received by the Department of Educator Quality and Standards, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, Attention: Jerel Booker, not more than 15 calendar days after notice of the proposal has been published in the Texas Register.

The amendments are proposed under the TEC, §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; §21.031, which authorizes the SBEC to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators, and states that in proposing rules under the TEC, Chapter 21, Subchapter B, the SBEC shall ensure that all candidates for certification or renewal of certification demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of this state; §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; §21.041(b)(3), which requires the SBEC to propose rules that specify the period for which each class of educator certificate is valid; §21.041(b)(4), which requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate; §21.041(b)(6), which requires the SBEC to propose rules that provide for special or restricted certification of educators, including certification of instructors of American Sign Language; §21.048(a), which specifies that the board shall propose rules prescribing comprehensive examinations for each class of certificate issued by the board; §21.050(a), which specifies that a person who applies for a teaching certificate for which SBEC rules require a bachelor's degree must possess a bachelor's degree received with an academic major or interdisciplinary academic major, including reading, other than education, that is related to the curriculum as prescribed under the TEC, Chapter 28, Subchapter A; §21.050(b), which states that the board may not require more than 18 semester credit hours of education courses at the baccalaureate level for the granting of a teaching certificate. The board shall provide for a minimum number of semester credit hours of internship to be included in the hours needed for certification. The board may propose rules requiring additional credit hours for certification in bilingual education, English as a second language, early childhood education, or special education; §21.050(c), which states that a person who receives a bachelor's degree required for a teaching certificate on the basis of higher education coursework completed while receiving an exemption from tuition and fees under the TEC, §54.214, may not be required to participate in any field experience or internship consisting of student teaching to receive a teaching certificate; and §22.0831(f), which states that the board may propose rules to implement this section, including rules establishing deadlines for a person to submit fingerprints and photographs in compliance with this section and sanctions for a person's failure to comply with the requirements of this section, including suspension or revocation of a certificate or refusal to issue a certificate.

The proposed amendments implement the TEC, §§21.003(a), 21.031, 21.041(b)(1)-(4) and (6), 21.048(a), 21.050, and 22.0831(f).

§233.2.Generalist.

(a) Generalist: Early Childhood-Grade 4. The Generalist: Early Childhood-Grade 4 certificate may be issued no earlier than September 1, 2002. The provisions of this subsection shall expire on September 1, 2011. The holder of the Generalist: Early Childhood-Grade 4 certificate may teach the following content areas in a prekindergarten program, in kindergarten, and in Grades 1-4:

(1) Art;

(2) Health;

(3) Music;

(4) Physical Education;

(5) English Language Arts and Reading;

(6) Mathematics;

(7) Science;

(8) Social Studies; and

(9) Technology Applications.

(b) - (d) (No change.)

§233.4.Mathematics; Science.

(a) - (h) (No change.)

(i) Mathematics/Physical Science/Engineering: Grades 8-12. The Mathematics/Physical Science/Engineering: Grades 8-12 certificate may be issued no earlier than September 1, 2005. The holder of the Mathematics/Physical Science/Engineering: Grades 8-12 certificate is eligible to teach mathematics in Grade 8 and all mathematics courses in Grades 9-12. The holder is also eligible to teach science in Grade 8, all physics and chemistry courses, including Integrated Physics and Chemistry, and all of the technology education courses, including Principles of Technology I and II, in Grades 8-12, and Scientific Research and Design in Grades 9-12. All teachers assigned to teach Principles of Technology I and II shall participate in a TEA- approved workshop for beginning principles of technology teachers prior to teaching the course.

(j) (No change.)

§233.6.Bilingual Education.

(a) Bilingual Generalist: Early Childhood-Grade 4. The Bilingual Generalist: Early Childhood-Grade 4 certificate may be issued no earlier than September 1, 2002. The holder of the Bilingual Generalist: Early Childhood-Grade 4 certificate may teach in a bilingual prekindergarten program, a bilingual kindergarten program, and a bilingual program in Grades 1-4. The holder of the Bilingual Generalist: Early Childhood-Grade 4 certificate may teach the same content areas, in either a bilingual or general education program, as the holder of the Generalist: Early Childhood-Grade 4 certificate may teach under §233.2(a) of this title (relating to Generalist). The holder of the Bilingual Generalist: Early Childhood-Grade 4 certificate may also teach in an English as a second language program in Early Childhood-Grade 4. The provisions of this subsection shall expire on September 1, 2011.

(b) - (c) (No change.)

(d) Bilingual Education Supplemental: Early Childhood-Grade 4. The Bilingual Education Supplemental: Early Childhood-Grade 4 certificate may be issued no earlier than September 1, 2002. The holder of the Bilingual Education Supplemental: Early Childhood-Grade 4 certificate may teach in a bilingual program at the same grade levels and in the content area(s) of the holder's base certificate. The holder of the Bilingual Education Supplemental: Early Childhood-Grade 4 certificate may also teach in an English as a second language program at the same grade levels and in the content area(s) of the holder's base certificate. The provisions of this subsection shall expire on September 1, 2011.

(e) Bilingual Education Supplemental: Grades 4-8. The Bilingual Education Supplemental: Grades 4-8 certificate may be issued no earlier than September 1, 2002. The holder of the Bilingual Education Supplemental: Grades 4-8 certificate may teach in a bilingual program at the same grade levels and in the content area(s) of the holder's base certificate. The holder of the Bilingual Education Supplemental: Grades 4-8 certificate may also teach in an English as a second language program at the same grade levels and in the content area(s) of the holder's base certificate. The provisions of this subsection shall expire on September 1, 2011.

(f) Bilingual Education Supplemental. The Bilingual Education Supplemental certificate may be issued no earlier than September 1, 2009. The holder of the Bilingual Education Supplemental certificate may teach in a bilingual program at the same grade levels and in the content area(s) of the holder's base certificate. The holder of the Bilingual Education Supplemental certificate may also teach in an English as a second language program at the same grade levels and in the content area(s) of the holder's base certificate.

§233.7.English as a Second Language.

(a) English as a Second Language Generalist: Early Childhood-Grade 4. The English as a Second Language Generalist: Early Childhood-Grade 4 certificate may be issued no earlier than September 1, 2003. The holder of the English as a Second Language Generalist: Early Childhood-Grade 4 certificate may teach in an English as a second language program in prekindergarten-Grade 4. The holder of the English as a Second Language Generalist: Early Childhood-Grade 4 certificate may teach the same content areas, in either an English as a second language or a general education program, as the holder of the Generalist: Early Childhood-Grade 4 certificate may teach under §233.2(a) of this title (relating to Generalist). The provisions of this subsection shall expire on September 1, 2011.

(b) - (d) (No change.)

§233.12.Career and Technical Education (Certificates not requiring experience and preparation in a skill area).

(a) - (d) (No change.)

(e) Teachers assigned to Career Investigation and Career Connections courses must hold teacher certification in any of the Career and Technical [Technology] Education program areas, and shall participate in a TEA-approved two-hour workshop for beginning Career Investigation and Career Connections teachers prior to teaching the course. Teachers must also attend and participate in a TEA-sponsored Career and Technical [Technology] Education Professional Development Conference prior to assignment.

(f) (No change.)

(g) Business Education: Grades 6-12. The Business Education: Grades 6-12 certificate may be issued no earlier than November 8, 2006. The holder of the Business Education: Grades 6-12 certificate may teach all business education courses in Grades 6-12, excluding economics courses. Teachers are encouraged to attend and participate in a TEA-sponsored Career and Technical [Technology] Education Professional Development Conference during the first year of assignment.

§233.14.Career and Technical Education (Certificates requiring experience and preparation in a skill area).

(a) All individuals seeking a career and technical [ technology] education certificate specified in this section must have prior work experience and preparation in a skill area approved by an educator preparation program approved to prepare teachers for the career and technical [technology] education certificate sought in accordance with the provisions of §230.483 (c) [(g)] of this title (relating to Specific Requirements for Standard Career and Technical Education [Technology] Certificates Based on Experience and Preparation).

(b) (No change.)

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 February 13, 2009.

TRD-200900630

Jerel Booker

Associate Commissioner, Educator Quality and Standards, Texas Education Agency

State Board for Educator Certification

Earliest possible date of adoption: March 29, 2009

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

The State Board for Educator Certification (SBEC) proposes amendments to §§249.3, 249.15, and 249.16, concerning disciplinary proceedings, sanctions, and contested cases. The proposed amendments would update the current rule to reflect current law and delineate crimes other than those listed in the Texas Education Code (TEC), §21.060, as being related to the duties and responsibilities of the education profession. The proposed amendments would also reflect the proposed section title for 19 TAC §249.16.

The Texas Education Code (TEC), §21.041(b)(7) and (8), authorize the SBEC to adopt rules providing for disciplinary proceedings and enforcing the educator's code of ethics.

At the July 2007 SBEC meeting, the SBEC requested that an amendment to 19 TAC §249.16 be pulled from the proposed rule changes to 19 TAC Chapter 249 for filing with the Texas Register so that an Attorney General's opinion could be requested regarding the meaning of the TEC, §21.060, added by Senate Bill 9, 80th Texas Legislature, 2007. The question submitted to the Attorney General was whether the proposed amendment to 19 TAC §249.16 would be in conflict with the TEC, §21.060. Subsequently, the Attorney General issued Opinion No. GA-0614 ruling that the list of crimes deemed to be related to the duties and responsibilities of the education profession is nonexclusive in the TEC, §21.060. Therefore, the SBEC has the authority, pursuant to the Texas Occupations Code, §53.025, to list crimes other than those listed in the TEC, §21.060, as being related to the duties and responsibilities of the education profession. As a result, the SBEC proposes the following changes to 19 TAC §§249.3, 249.15, and 249.16.

These changes are similar to the changes originally presented to the SBEC in July 2007, with the exception of an additional revision to §249.16(b)(3) that would include only felony possession of or conspiracy to possess illegal drugs while retaining the inclusion of all convictions for transfer, sale, or distribution of illegal drugs.

In §249.16(b)(7), the standard for alcohol-related crimes and crimes that relate to the teaching professional would be revised to include felony driving while intoxicated (DWI) and felony driving under the influence of drugs or alcohol (DUI), rather than the previous standard which focused on two or more offenses within any 12-month period.

In §249.16, language would be added in proposed new subsection (d) to state that the remedies found in the TEC, §21.060, added by Senate Bill 9, 80th Texas Legislature, 2007, are cumulative with the remedies found in the Texas Occupations Code, Chapter 53. Both provisions apply to criminal acts committed by certificate holders.

In §249.16, grammatical and technical changes would also be made, such as the replacement of the terms "Agency" and "executive director" with the term "TEA staff" and the replacement of the term "Board" with the term "State Board for Educator Certification." Also, statutory citation references would be updated and standardized to reflect current law and Texas Register formatting requirements. Technical edits would also be made to §249.3 and §249.15 to update references to the proposed section title for 19 TAC §249.16, as well as statutory citations.

The procedural and reporting implications of the proposed amendments would modify the current process for resolving ethical disputes, resulting in a more efficient resolution process. The proposed amendments would not include any additional locally maintained paperwork requirements.

Jerel Booker, associate commissioner for educator quality and standards, has determined that for the first five-year period the proposed amendments are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed amendments.

Mr. Booker has determined that for the first five-year period the proposed amendments are in effect the public benefit anticipated as a result of the proposed amendments would be implementing a more efficient and less costly process of resolving less serious educator misconduct complaints and redirecting resources to deal with more serious disciplinary complaints against educators. There is no anticipated economic cost to persons who are required to comply with the proposed amendments.

In addition, there is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, (512) 475-1497. Comments may also be submitted electronically to sbecrules@tea.state.tx.us or faxed to (512) 463-0028. All requests for a public hearing on the proposed amendments submitted under the Administrative Procedure Act must be received by the Department of Educator Quality and Standards, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, Attention: Jerel Booker, not more than 15 calendar days after notice of the proposal has been published in the Texas Register.

SUBCHAPTER A. GENERAL PROVISIONS

19 TAC §249.3

The amendment is proposed under the TEC, §21.041(b)(7), which requires the SBEC to propose rules that provide for disciplinary proceedings, including the suspension or revocation of an educator certificate, as provided by Texas Government Code, Chapter 2001; §21.041(b)(8), which requires the SBEC to propose rules that provide for the enforcement of an educator's code of ethics; §21.060, which allows the SBEC to suspend or revoke educator certificates based on the eligibility of persons convicted of certain offenses; Texas Occupations Code, §53.021(a), which states that a licensing authority may suspend or revoke a license, disqualify a person from receiving a license, or deny to a person the opportunity to take a licensing examination on the grounds that the person has been convicted of a felony or misdemeanor that directly relates to the duties and responsibilities of the licensed occupation; and §53.025, which requires the SBEC to issue guidelines to state the reasons a particular crime is considered to relate to educator certification and any other criterion that affects the decisions of the SBEC.

The proposed amendment implements the TEC, §21.041(b)(7) and (8) and §21.060; and Texas Occupations Code, §53.021(a) and §53.025.

§249.3.Definitions.

The following words, terms, and phrases, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) - (18) (No change.)

(19) Good moral character--the virtues of a person as evidenced, at a minimum, by his or her not having committed crimes relating directly to the duties and responsibilities of the education profession as described in §249.16(b) of this title (relating to Eligibility of Persons with Criminal Convictions for a Certificate under Texas Occupations Code, Chapter 53 [Articles 6252-13c and 6252-13d, Revised Civil Statutes]) or acts involving moral turpitude.

(20) - (24) (No change.)

(25) Moral turpitude--improper conduct including, but not limited to, the following: dishonesty; fraud; deceit; theft; misrepresentation; deliberate violence; base, vile, or depraved acts that are intended to arouse or to gratify the sexual desire of the actor; drug or alcohol related offenses as described in §249.16(b) of this title (relating to Eligibility of Persons with Criminal Convictions for a Certificate under Texas Occupations Code, Chapter 53 [Articles 6252-13c and 6252-13d, Revised Civil Statutes]); or acts constituting abuse or neglect under the Texas Family Code, §261.001.

(26) - (46) (No change.)

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 February 13, 2009.

TRD-200900631

Jerel Booker

Associate Commissioner, Educator Quality and Standards, Texas Education Agency

State Board for Educator Certification

Earliest possible date of adoption: March 29, 2009

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

19 TAC §249.15, §249.16

The amendments are proposed under the Texas Education Code (TEC), §21.041(b)(7), which requires the SBEC to propose rules that provide for disciplinary proceedings, including the suspension or revocation of an educator certificate, as provided by Texas Government Code, Chapter 2001; §21.041(b)(8), which requires the SBEC to propose rules that provide for the enforcement of an educator's code of ethics; §21.060, which allows the SBEC to suspend or revoke educator certificates based on the eligibility of persons convicted of certain offenses; Texas Occupations Code, §53.021(a), which states that a licensing authority may suspend or revoke a license, disqualify a person from receiving a license, or deny to a person the opportunity to take a licensing examination on the grounds that the person has been convicted of a felony or misdemeanor that directly relates to the duties and responsibilities of the licensed occupation; and §53.025, which requires the SBEC to issue guidelines to state the reasons a particular crime is considered to relate to educator certification and any other criterion that affects the decisions of the SBEC.

The proposed amendments implement the TEC, §21.041(b)(7) and (8) and §21.060; and Texas Occupations Code, §53.021(a) and §53.025.

§249.15.Disciplinary Action by State Board for Educator Certification.

(a) (No change.)

(b) The SBEC may take any of the actions listed in subsection (a) of this section based on satisfactory evidence that:

(1) - (6) (No change.)

(7) the person has committed an act described in §249.14(g) of this title (relating to Complaint, Required Reporting, and Investigation; Investigative Notice; Filing of Petition), §249.12(b) of this title (relating to Administrative Denial; Appeal), or §249.16(b) of this title (relating to Eligibility of Persons with Criminal Convictions for a Certificate under Texas Occupations Code, Chapter 53 [ Articles 6252-13c and 6252-13d, Revised Civil Statutes]).

(c) - (f) (No change.)

§249.16.Eligibility of Persons with Criminal Convictions for a Certificate under Texas Occupations Code, Chapter 53 [ Articles 6252-13c and 6252-13d, Revised Civil Statutes ].

(a) Pursuant to the Texas Occupations Code, Chapter 53 [ Articles 6252-13c and 6252-13d, Revised Civil Statutes], and the Texas Education Code (TEC), Chapter 22, Subchapter C, [ Chapter 22, Education Code,] the State Board for Educator Certification [board] may suspend or revoke an existing valid certificate, deny an applicant a certificate, or bar a person from being assessed or examined for a certificate because of a person's conviction of a felony or misdemeanor if the crime directly relates to the duties and responsibilities of the education profession.

(b) Subsection (a) of this section applies to a crime that[: ] indicates a threat to the health, safety, or welfare of a student or minor, parent of a student, fellow employee, or professional colleague; interferes with the orderly, efficient, or safe operation of a school district, campus, or activity; or indicates impaired ability or misrepresentation of qualifications to perform the functions of an educator. Crimes considered to relate directly to the duties and responsibilities of the education profession include , but are not limited to:

(1) crimes involving [the crime involves] moral turpitude;

(2) crimes involving [the crime involves] any form of sexual or physical abuse or neglect of a student or minor [or student ] or other illegal conduct with a student or minor [ or student];

(3) crimes involving any [the facts underlying the crime would support a] felony [ conviction for] possession or conspiracy to possess, or any misdemeanor or felony [, ] transfer, sale, distribution, or conspiracy to [possess, ] transfer, sell, or distribute any controlled substance defined in the Texas Health and Safety Code, Chapter 481[ , Health and Safety Code];

(4) crimes involving [the crime involves] school property or funds;

(5) crimes involving [the crime involves] any attempt by fraudulent or unauthorized means to obtain or alter any certificate or permit that would entitle any person to hold or obtain a position as an educator;

(6) crimes occurring [the crime occurs] wholly or in part on school property or at a school-sponsored activity; or

(7) felonies involving driving while intoxicated (DWI) or driving under the influence (DUI) of drugs or alcohol.

[(7) two or more crimes are committed within any 12-month period that involve public intoxication, operating a motor vehicle while under the influence of alcohol, or disorderly conduct.]

(c) Pursuant to the Texas Occupations Code, Chapter 53 [ Article 6252-13d, Revised Civil Statutes], the Texas Education Agency (TEA) staff [executive director] shall notify the applicant or certificate holder in writing of the TEA staff's [agency's ] intent to seek disciplinary action, including denial or revocation, and the reasons for the proposed action. The applicant or certificate holder shall have the opportunity to be heard according to the procedures set forth in this chapter.

(d) The grounds for revoking or suspending a certificate provided by this section and the Texas Occupations Code, Chapter 53, are cumulative of the other grounds and remedies provided by the TEC, §21.060, and this chapter.

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 February 13, 2009.

TRD-200900632

Jerel Booker

Associate Commissioner, Educator Quality and Standards, Texas Education Agency

State Board for Educator Certification

Earliest possible date of adoption: March 29, 2009

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