PART 7. STATE BOARD FOR EDUCATOR CERTIFICATION
CHAPTER 232. GENERAL CERTIFICATION PROVISIONS
SUBCHAPTER A. TYPES AND CLASSES OF CERTIFICATES ISSUED
The State Board for Educator Certification (SBEC) proposes an amendment to §232.4, concerning types and classes of certificates issued. The section provides the requirements for the issuance of probationary certificates. The proposed amendment would remove language that allows the SBEC to grant a waiver of the baccalaureate degree requirement for a probationary certificate that requires such a degree. The proposed amendment would also grant an additional year's extension of a probationary certificate to an educator whose contract is terminated, or resigns in lieu of termination, before the end of a school year due to a reduction in force by a school district.
The Texas Education Code (TEC), §21.041, authorizes the SBEC to provide for the regulation of educators and to adopt rules providing for disciplinary proceedings.
Section 232.4 allows the SBEC to grant a waiver of the probationary certificate requirement of a baccalaureate degree. The rule currently establishes no procedures or standards for such a waiver. The SBEC proposes that the rule be amended to delete the provision for granting a waiver of the requirement of a baccalaureate degree for those certificates that require such a degree. Granting such waivers would result in a general reduction in teacher quality standards.
The proposed amendment to §232.4, Probationary Certificates, would delete the phrase "unless otherwise approved by the State Board for Educator Certification (SBEC)" in subsection (c)(1) for those certificates that require such a degree.
Section 232.4(d)(1) provides that a probationary certificate can be extended for no more than two additional annual terms. In the event that a school district is required by its financial situation to conduct a reduction in force, an educator who is so terminated, or resigns in lieu of termination, and is working under a probationary certificate would not be able to complete his or her internship and other requirements for certification and would lose one of his or her allotted probationary terms. In the case of the recent reduction in force by the Dallas Independent School District, there is at least one educator who would lose his last available probationary term. Therefore, the SBEC proposes that an exception be added to subsection (d)(1) that would provide that an educator who is subject to a reduction-in-force termination, or resigns in lieu of termination, would not lose the annual probationary term for that school year.
Grammatical and technical changes would also be made to §232.4 such as the term "bachelor's" degree would be replaced with the term "baccalaureate" degree and the language regarding approved accrediting agencies would be revised to be consistent with current practice. Also, references to 19 TAC Chapter 230 would be updated and the definition for TEA staff would be moved from subsection (f) to subsection (a).
The proposed amendment would have no procedural and reporting implications. Also, the proposed amendment would have no 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 eliminate unnecessary requests for waivers to the SBEC and insure that all holders of probationary certificates meet minimum quality standards and to prevent certification candidates from losing one of their allowed probationary terms because of a school district's reduction in force. There are no anticipated economic costs 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)(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)(4), which requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate.
The proposed amendment implements the TEC, §21.041(b)(1), (2), and (4).
§232.4.Probationary Certificates.
(a) The following definitions apply, when used in this section, unless the rule or context in which the word or phrase is used requires a different definition.
(1) Alternative certification program--An educator preparation program that offers an alternative route to certification as authorized under Chapter 228 of this title (relating to Requirements for Educator Preparation Programs).
(2) Core academic subject--English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, history, geography, or the arts.
(3) Early Childhood--Children ages 3-5.
(4) High-quality professional development--As defined by the No Child Left Behind Act of 2001, 20 United States Code (USC), §7801 (2001, as amended) and its subsequent amendments, which includes, but is not limited to, activities that are sustained, intensive, and classroom-focused in order to have a positive and lasting impact on classroom instruction; that advance the teacher's understanding of effective instructional strategies; that are developed with participation of teachers, principals, parents, and administrators; and that are regularly evaluated for their impact on increased teacher effectiveness and improved student academic achievement.
(5) Mentoring--As defined under the No Child Left Behind Act of 2001, 20 USC, §7801 and its subsequent amendments, which includes, but is not limited to, activities that consist of structured guidance and regular ongoing support for beginning educators, especially beginning teachers, as part of a developmental induction process designed to assist educators in their professional growth and development. Beginning educator support is to be provided by an experienced educator who has been trained in mentoring.
(6) Texas Education Agency (TEA) staff--Staff of the TEA assigned by the commissioner of education to perform the State Board for Educator Certification's (SBEC's) administrative functions and services.
(b) A probationary certificate may be issued for any class of certificate except educational aide.
(c) A probationary certificate may be issued to an individual who meets the conditions and requirements prescribed in this subsection.
(1) Except as otherwise provided in rules of the
SBEC related to certain career and technical education certificates
based on skill and experience, the [The
] individual must hold[, unless otherwise approved by the State Board for
Educator Certification (SBEC),] at least a baccalaureate
[bachelor's
] degree from an institution of higher education that,
when the degree was conferred, was accredited by an [a
recognized governmental organization; a recognized regional]
accrediting organization [as specified in Chapter 230, Subchapter
Y, of this title (relating to Definitions); or an accrediting organization
] recognized by the Texas Higher Education Coordinating Board.
(2) The individual must meet appropriate requirements prescribed in §230.413 of this title (relating to General Requirements).
(3) The individual must have been accepted to participate in an approved Texas educator preparation program and has been assigned to serve in the subject area and at the grade level of certification sought.
(4) The individual must receive mentoring and high-quality professional development that is sustained, intensive, and classroom-focused prior to and throughout the assignment.
(5) The individual must pay the fee prescribed in §230.436 of this title (relating to Schedule of Fees for Certification Services).
(6) The individual must submit fingerprints in accordance with §232.905(c) of this title (relating to Submission of Required Information) and the Texas Education Code (TEC), §22.0831.
(7) The teacher in a core academic subject must demonstrate mastery of each subject to be taught:
(A) at the public elementary school level (Early Childhood-Grade
6), by passing the appropriate certification examination as prescribed
in Chapter 230, Subchapter B [A], of this title
(relating to Assessment of Educators); or
(B) at the public middle or high school level (Grades 7-12):
(i) by passing the appropriate content area certification
examination as prescribed in Chapter 230, Subchapter B [A
], of this title; or
(ii) by completing an academic major, graduate degree, or coursework equivalent to an academic major that complies with the TEC, §21.050, and comprises not fewer than 24 semester hours, including 12 semester hours of upper division coursework in the subject taught.
(8) The teacher in a special education assignment must demonstrate mastery of each subject to be taught:
(A) at the public elementary school level (Early Childhood-Grade 6):
(i) by passing the appropriate certification examination
as prescribed in Chapter 230, Subchapter B [A],
of this title for the assignment; and
(ii) by passing a special education Early Childhood-Grade 12 examination; or
(B) at the public middle or high school level (Grades 7-12):
(i) by passing the appropriate content area certification
examination as prescribed in Chapter 230, Subchapter B [A
], of this title for the assignment or by completing an academic
major, graduate degree, or coursework equivalent to an academic major
comprised of not fewer than 24 semester hours, including 12 semester
hours of upper division coursework in the subject taught; and
(ii) by passing a special education Early Childhood-Grade 12 examination.
(d) A probationary certificate shall be valid for a 12-month period from the date of issuance, except as otherwise provided under this title.
(1) A certificate may be extended for no more than two annual terms following expiration of the initial term. A probationary certificate may be extended for an annual term only if the Texas educator preparation program, recommends extension and certifies that the holder is making satisfactory progress toward standard certification. If an educator is employed under a probationary certificate and is terminated, or resigns in lieu of termination, before the end of the school year due to a reduction in force, that probationary term shall not count as one of the three allowed annual probationary terms.
(2) Without obtaining initial, standard certification, an individual may not serve for more than three 12-month periods while holding:
(A) probationary certificates as described in this subsection;
(B) emergency certificates as specified in §230.512 of this title (relating to Emergency Certificates); or
(C) one-year certificates as specified in Chapter 230, Subchapter O, of this title (relating to Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States) and Chapter 245 of this title (relating to Certification of Educators from Other Countries).
(e) The TEA [Texas Education Agency (TEA)
] staff shall establish reasonable procedures to implement this section.
[(f) For purposes of this section,
"TEA staff" means staff of the TEA assigned by the commissioner of
education to perform the SBEC's administrative functions and services.]
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 April 20, 2009.
TRD-200901473
Jerel Booker
Associate Commissioner, Educator Quality and Standards, Texas Education Agency
State Board for Educator Certification
Earliest possible date of adoption: May 31, 2009
For further information, please call: (512) 475-1497
The State Board for Educator Certification (SBEC) proposes amendments to §233.1 and §233.15, concerning categories of classroom teaching certificates. The sections provide the oral proficiency requirements and teaching assignment rules relating to the certificates for languages other than English. The proposed amendments would require an oral proficiency examination for languages other than English (LOTE) certificates. The proposed amendments would also expand the certificates issued for LOTE by adding four new certificates for French, German, and Spanish to be issued no earlier than November 1, 2009, and for Latin to be issued no earlier than January 1, 2010.
The Texas Education Code (TEC), §21.041(b)(1), authorizes the SBEC to propose rules that provide for the regulation of educators. In order to update standards and provide new grade level certifications, the following changes are proposed.
Language would be added to 19 TAC §233.1 to emphasize the need for an oral or communication proficiency examination as part of the certification process for LOTE certificates in proposed new subsection (f).
The proposed amendment to 19 TAC §233.15 would add four new certificates for LOTE in French: Early Childhood-Grade 12 in new subsection (d); German: Early Childhood-Grade 12 in new subsection (e); Latin: Early Childhood-Grade 12 in new subsection (g); and Spanish: Early Childhood-Grade 12 in new subsection (i). The new certificates would allow the holder to teach in a prekindergarten program, in kindergarten, and in Grades 1-12. The new LOTE certificates for French, German, and Spanish would be issued no earlier than November 1, 2009. The new LOTE certificate for Latin would be issued no earlier than January 1, 2010.
The proposed amendments would have no procedural and reporting implications. Also, the proposed amendments would have no 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 and student benefit anticipated as a result of the proposed addition of four new LOTE certificates in French, German, Latin, and Spanish would be having highly-qualified and certified teachers with oral proficiency in LOTE classes at all grade levels. Also, districts would be able to begin or expand current LOTE programs to include additional languages. There are no anticipated economic costs 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(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)(4), which requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate.
The proposed amendment implements the TEC, §§21.003(a), 21.031(a), and 21.041(b)(1) and (4).
§233.1.General Authority.
(a) In this chapter, the State Board for Educator Certification (SBEC) establishes separate certificate categories within the certificate class for the classroom teacher established under §232.2(b)(3) of this title (relating to Classes of Certificates).
(b) For purposes of authorizing a person to be employed by a school district under the Texas Education Code, §21.003(a), a certificate category identifies:
(1) the content area or the special student population the holder may teach;
(2) the grade levels the holder may teach; and
(3) the earliest date the certificate may be issued.
(c) Unless provided otherwise in this title, the content area and grade level of a certificate category as well as the standards underlying the certification examination for each category are aligned with the Texas Essential Knowledge and Skills curriculum adopted by the State Board of Education.
(d) A category includes both a standard certificate and the related emergency or temporary credential. A category may comprise a standard base certificate or a supplemental certificate. A supplemental certificate may be issued only to a person who already holds the appropriate standard base certificate.
(e) A person must satisfy all applicable requirements and conditions under this title and other law to be issued a certificate in a category. A person seeking an initial certification must pass the appropriate grade level of pedagogy and professional responsibility certification examination and the appropriate content subject examination(s) for the certification sought as established by the SBEC. A person completing requirements for a standard certificate using a score on an examination that has been eliminated must apply for certification not later than one year following the examination date upon which the person passed the examination. Exceptions may be granted for a period of two years after the elimination of the examination for catastrophic illness of the educator or an immediate family member or military service of the applicant.
(f) A person seeking a languages other than English certificate valid for Early Childhood-Grade 12 specified in §233.15 of this title (relating to Languages Other Than English) must successfully complete an approved oral or communication proficiency examination in the target language in addition to the appropriate grade level of pedagogy and professional responsibility and content subject examinations as specified in subsection (e) of this section.
(g) [(f)] A holder of a certificate
valid for Grades 4-8 may teach technology applications in Grades 4-8
if integrated within an academic course or through interdisciplinary
methodology in those subjects that the individual is certified to
teach. The school district is responsible for ensuring that the educator
has the appropriate technology applications knowledge and skills to
teach the course(s) to which he or she is assigned. If Technology
Applications is taught as a separate course, the educator shall be
required to hold an appropriate technology applications certificate
as specified in §233.5 of this title (relating to Technology
Applications and Computer Science).
§233.15.Languages Other Than English.
(a) American Sign Language (ASL): Early Childhood-Grade 12. The American Sign Language (ASL): Early Childhood-Grade 12 certificate may be issued no earlier than September 1, 2005. The holder of the American Sign Language (ASL): Early Childhood-Grade 12 certificate is eligible to teach American Sign Language in a prekindergarten program, in kindergarten, and in Grades 1-12.
(b) Arabic: Early Childhood-Grade 12. The Arabic: Early Childhood-Grade 12 certificate may be issued no earlier than October 15, 2007. The holder of the Arabic: Early Childhood-Grade 12 certificate is eligible to teach Arabic in a prekindergarten program, in kindergarten, and in Grades 1-12.
(c) Chinese: Early Childhood-Grade 12. The Chinese: Early Childhood-Grade 12 certificate may be issued no earlier than October 15, 2007. The holder of the Chinese: Early Childhood-Grade 12 certificate is eligible to teach Chinese in a prekindergarten program, in kindergarten, and in Grades 1-12.
(d) French: Early Childhood-Grade 12. The French: Early Childhood-Grade 12 certificate may be issued no earlier than November 1, 2009. The holder of the French: Early Childhood-Grade 12 certificate is eligible to teach French in a prekindergarten program, in kindergarten, and in Grades 1-12.
(e) German: Early Childhood-Grade 12. The German: Early Childhood-Grade 12 certificate may be issued no earlier than November 1, 2009. The holder of the German: Early Childhood-Grade 12 certificate is eligible to teach German in a prekindergarten program, in kindergarten, and in Grades 1-12.
(f) [(d)] Japanese: Early Childhood-Grade
12. The Japanese: Early Childhood-Grade 12 certificate may be issued
no earlier than October 15, 2007. The holder of the Chinese: Early
Childhood-Grade 12 certificate is eligible to teach Japanese in a
prekindergarten program, in kindergarten, and in Grades 1-12.
(g) Latin: Early Childhood-Grade 12. The Latin: Early Childhood-Grade 12 certificate may be issued no earlier than January 1, 2010. The holder of the Latin: Early Childhood-Grade 12 certificate is eligible to teach Latin in a prekindergarten program, in kindergarten, and in Grades 1-12.
(h) [(e)] Russian: Early Childhood-Grade
12. The Russian: Early Childhood-Grade 12 certificate may be issued
no earlier than October 15, 2007. The holder of the Russian: Early
Childhood-Grade 12 certificate is eligible to teach Russian in a prekindergarten
program, in kindergarten, and in Grades 1-12.
(i) Spanish: Early Childhood-Grade 12. The Spanish: Early Childhood-Grade 12 certificate may be issued no earlier than November 1, 2009. The holder of the Spanish: Early Childhood-Grade 12 certificate is eligible to teach Spanish in a prekindergarten program, in kindergarten, and in Grades 1-12.
(j) [(f)] Vietnamese: Early
Childhood-Grade 12. The Vietnamese: Early Childhood-Grade 12 certificate
may be issued no earlier than October 15, 2007. The holder of the
Vietnamese: Early Childhood-Grade 12 certificate is eligible to teach
Vietnamese in a prekindergarten program, in kindergarten, and in Grades 1-12.
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 April 20, 2009.
TRD-200901474
Jerel Booker
Associate Commissioner, Educator Quality and Standards, Texas Education Agency
State Board for Educator Certification
Earliest possible date of adoption: May 31, 2009
For further information, please call: (512) 475-1497
The State Board for Educator Certification (SBEC) proposes amendments to §§241.1, 241.5, 241.10, 241.15, 241.30, and 241.35; the repeal of §§241.20, 241.25, and 241.40; and new §241.20 and §241.25, concerning provisions for the principal certificate. The sections provide for rules that establish requirements for the issuance and renewal of the principal certificate.
The proposed revisions to 19 TAC Chapter 241 would update the rules to reflect current law and add specificity to educator preparation and certification requirements relating to the principal certificate. The proposed amendments, repeals, and new sections result from the SBEC's rule review conducted in accordance with Texas Government Code, §2001.039.
The proposed revisions reflect discussions held during the February 26, 2009, stakeholder meeting. Following is a description of the proposed changes.
Language in 19 TAC §241.1(d) would be amended to clarify that a principal certificate holder may serve as principal or assistant principal in a Texas public school.
Language would be amended in 19 TAC §241.5(a) to clarify that the accrediting organization must be recognized by the Texas Higher Education Coordinating Board. This change is also proposed in new §241.20(2). Language in §241.5(d) would be deleted and moved to §241.10(c) with no substantive rule text changes.
Language would be added in 19 TAC §241.15(d)(5) to clarify that the evaluation processes would be appropriate to the position held. Also, language would be added in subsection (h)(3) to include guidance and counseling programs and services.
Current 19 TAC §241.20 would be repealed and reorganized as proposed new §241.25 with no substantive rule text changes.
Current 19 TAC §241.25 would be repealed and reorganized as proposed new §241.20 and updated to require a valid classroom teaching certificate for the issuance of a standard principal certificate in proposed new paragraph (3). References to SBEC rules that include preparation program requirements would also be updated in proposed new paragraph (5).
Language would be amended in 19 TAC §241.30 to add specificity regarding continuing professional education hours in new subsection (b). Current subsection (f) would be updated and reorganized as new subsection (c) to clarify that voluntary compliance with §241.30 is allowed for holders of certificates issued prior to September 1, 1999. Current §241.30(b)-(e) would be moved to §241.35 or deleted if the provision is obsolete.
Section 241.40 would be repealed because all the implementation dates occurred over six years ago and thus are no longer relevant.
Technical Changes
Throughout Chapter 241, grammatical and technical changes would be made such as replacing the term "district" with the term "school district" and the term "program" or "preparation program" with the term "educator preparation program." 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. In addition, references to other SBEC rules would be updated and/or added as part of the proposed revisions to Chapter 241. For example, language in 19 TAC §241.5(c) would be amended to add a reference to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates. Language in §241.10(a) would be amended to add a reference to 19 TAC Chapter 228, Requirements for Educator Preparation Programs.
The proposed rule actions would have no procedural and reporting implications. Also, the proposed rule actions would have no 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, repeals, and new sections 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 amendments, repeals, and new sections are in effect the public and student benefit anticipated as a result of the proposed revisions would be the continuation and clarification of requirements for admission to a principal preparation program, preparation program requirements and standards, requirements for the first-time principal in Texas, requirements for renewal of the principal certificate, and the individual assessment process. There are no additional costs to persons or entities required to comply with the proposed amendments, repeals, and new sections.
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, repeals, and new sections 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.
19 TAC §§241.1, 241.5, 241.10, 241.15, 241.20, 241.25, 241.30, 241.35
The amendments and new sections are proposed under the Texas Education Code (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; §21.041(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; §21.046(b), which states that the qualifications for certification as a principal must be sufficiently flexible so that an outstanding teacher may qualify by substituting approved experience and professional training for part of the educational requirements; §21.046(c), which states that because an effective principal is essential to school improvement, the SBEC shall ensure that each candidate for certification as a principal is of the highest caliber and that multi-level screening processes, validated comprehensive assessment programs, and flexible internships with successful mentors exist to determine whether a candidate for certification as a principal possesses the essential knowledge, skills, and leadership capabilities necessary for success; §21.046(d), which states that in creating the qualifications for certification as a principal, the SBEC shall consider the knowledge, skills, and proficiencies for principals as developed by relevant national organizations and the State Board of Education; and §21.054(b), which states that continuing education for principals must be based on an individual assessment of the knowledge, skills, and proficiencies necessary to perform successfully as a principal, as identified in §21.046. An individualized professional growth plan shall be developed as a result of the assessment and shall be used exclusively for professional growth purposes. The assessment results and the growth plan may only be released with the approval of the principal assessed. Except as provided by §21.059, each certified principal shall participate in the assessment process and professional growth activities at least once every five years.
The proposed amendments and new sections implement the TEC, §§21.003(a), 21.041(b)(2)-(4), 21.046(b)-(d), and 21.054(b).
§241.1.General Provisions.
(a) Due to the critical role the principal plays in
campus effectiveness and student achievement, and consistent with
the Texas Education Code (TEC), §21.046(c), the rules
adopted by the State Board for Educator Certification [will]
ensure that each candidate for the Principal Certificate is of the
highest caliber and possesses the knowledge and skills necessary for success.
(b) As required by the TEC, §21.046(b)(1)-(6), the standards identified in §241.15 of this title (relating to Standards Required for the Principal Certificate) emphasize instructional leadership; administration, supervision, and communication skills; curriculum and instruction management; performance evaluation; organization; and fiscal management.
(c) An [Each] individual serving
as a principal or assistant principal is expected to actively participate
in professional development activities to continually update his or
her knowledge and skills. Currency in best practices and research
as related to both campus leadership and student learning is essential.
(d) The holder of the Principal Certificate issued
under the provisions of this chapter may serve as a principal or assistant
principal in a Texas public [elementary, middle, or secondary]
school.
§241.5.Minimum Requirements for Admission to a Principal Preparation Program.
(a) Prior to admission to an educator [a]
preparation program leading to the Principal Certificate, an individual
must hold a baccalaureate degree from an accredited institution of
higher education that at the time was accredited or otherwise
approved by an accrediting organization recognized by the Texas Higher
Education Coordinating Board.
(b) An educator preparation program [Preparation programs
] may adopt requirements for admission in addition to
those required in subsection (a) of this section.
(c) The educator preparation program [entity
] shall implement procedures that include screening activities
to determine the candidate's appropriateness for the Principal Certificate
as identified in Chapter 227 of this title (relating to Provisions
for Educator Preparation Candidates).
[(d) Each preparation program must
develop and implement specific criteria and procedures that allow
admitted individuals to substitute experience and/or professional
training directly related to the standards identified in §241.15
of this title (relating to Standards for the Principal Certificate)
for part of the preparation requirements.]
§241.10.Preparation Program Requirements.
(a) The standards identified in §241.15 of this
title (relating to Standards Required for the Principal
Certificate) and Chapter 228 of this title (relating to Requirements
for Educator Preparation Programs) shall be the curricular basis
for an educator preparation program [programs]
preparing candidates [individuals] to be principals.
The educator preparation program [Entities] shall
establish benchmarks and structured assessments of the candidate's
progress and needed growth throughout the educator preparation program
based on the standards identified in §241.15 of this title.
(b) The principal preparation program shall include a [
Structured,] field-based practicum [with
experiences at diverse types of campuses must be focused on actual
experiences with each of the standards identified in §241.15
of this title] whereby a candidate [candidates]
must demonstrate proficiency in each of the standards
identified in §241.15 of this title.
(c) An educator preparation program may develop and implement specific criteria and procedures that allow a candidate to substitute related experience and/or professional training directly related to the standards identified in §241.15 of this title for part of the preparation requirements.
§241.15.Standards Required for the Principal Certificate.
(a) Principal Certificate Standards. The
knowledge and skills identified in this section must be used by
an educator preparation program [programs
] in the development of curricula and coursework and [will be used
] by the State
Board for Educator Certification as the basis for developing the
examinations [assessments] required to obtain the
standard [Standard] Principal Certificate.
The [These] standards [must
] also serve as the foundation for the individual
assessment, professional growth plan, and continuing professional
education activities required by §241.30 of this title (relating
to Requirements to Renew the Standard Principal Certificate).
(b) Learner-Centered Values and Ethics of Leadership.
A principal is an educational leader who promotes the success of all
students by acting with integrity and fairness[,] and in
an ethical manner. At the campus level, a principal understands, values,
and is able to:
(1) model and promote the highest standard of conduct,
ethical principles, and integrity in decision making, actions, and
behaviors;[.]
(2) implement policies and procedures that encourage
all campus personnel to comply with Chapter 247 of this title (relating
to Educators' Code of Ethics [and Standards Practices
for Texas Educators]);[.]
(3) model and promote the continuous and appropriate
development of all learners in the campus community;[.]
(4) promote awareness of learning differences, multicultural
awareness, gender sensitivity, and ethnic appreciation in the campus
community; and[.]
(5) articulate the importance of education in a free democratic society.
(c) Learner-Centered Leadership and Campus Culture. A principal is an educational leader who promotes the success of all students and shapes campus culture by facilitating the development, articulation, implementation, and stewardship of a vision of learning that is shared and supported by the school community. At the campus level, a principal understands, values, and is able to:
(1) create a campus culture that sets high expectations,
promotes learning, and provides intellectual stimulation for self,
students, and staff;[.]
(2) ensure that parents and other members of the community
are an integral part of the campus culture;[.]
(3) use [utilize] strategies
to ensure the development of collegial relationships and effective
collaboration of campus staff;[.]
(4) respond appropriately to the diverse needs of individuals
within the community in shaping the campus culture;[.]
(5) use [utilize] emerging issues,
trends, demographic data, knowledge of systems, campus climate inventories,
student learning data, and other information to develop a campus vision
and plan to implement the vision;[.]
(6) facilitate the collaborative development of a shared
campus vision that focuses on teaching and learning;[.]
(7) facilitate the collaborative development of a plan
in which objectives and strategies to implement the campus vision
are clearly articulated;[.]
(8) align financial, human, and material resources
to support the implementation of the campus vision;[.]
(9) establish processes to assess and modify the plan
of implementation to ensure achievement of the campus vision; [.]
(10) support innovative thinking and risk-taking efforts
of everyone within the school community and view unsuccessful experiences
as learning opportunities; and[.]
(11) acknowledge, recognize, and celebrate the contributions of students, staff, parents, and community members toward the realization of the campus vision.
(d) Learner-Centered Human Resources Leadership and Management. A principal is an educational leader who promotes the success of all students by implementing a staff evaluation and development system to improve the performance of all staff members, selects and implements appropriate models for supervision and staff development, and applies the legal requirements for personnel management. At the campus level, a principal understands, values, and is able to:
(1) collaboratively develop, implement, and revise
a comprehensive and on-going plan for professional development of
campus staff that [which] addresses staff needs
and aligns professional development with identified goals; [.]
(2) facilitate the application of adult learning and
motivation theory to all campus professional development, including
the use of appropriate content, processes, and contexts; [.]
(3) ensure the effective implementation of the professional
development plan by allocation of appropriate time, funding, and other
needed resources;[.]
(4) implement effective, legal, and appropriate strategies
for the recruitment, selection, assignment, and induction of campus
staff;[.]
(5) use [utilize] formative and
summative evaluation processes appropriate to the position held to
further develop the knowledge and skills of campus staff; [.]
(6) diagnose and improve campus organizational health
and morale through the implementation of strategies designed to provide
on-going support to campus staff members; and [.]
(7) engage in on-going, meaningful, and professional
growth activities to further develop necessary knowledge and skills
[,] and to model lifelong learning.
(e) Learner-Centered Communications and Community Relations. A principal is an educational leader who promotes the success of all students by collaborating with families and community members, responding to diverse community interests and needs, and mobilizing community resources. At the campus level, a principal understands, values, and is able to:
(1) demonstrate effective communication through oral,
written, auditory, and nonverbal expression;[.]
(2) use [utilize] effective conflict
management and group consensus building skills; [.]
(3) implement effective strategies to systematically
gather input from all campus stakeholders; [.]
(4) develop and implement strategies for effective
internal and external communications; [.]
(5) develop and implement a comprehensive program of
community relations, which uses [utilizes]
strategies that will effectively involve and inform multiple constituencies,
including the media; [.]
(6) provide varied and meaningful opportunities for
parents to be engaged in the education of their children; [.]
(7) establish partnerships with parents, businesses,
and other groups in the community to strengthen programs and support
campus goals; and [.]
(8) respond to pertinent political, social, and economic issues that exist in the internal and external environment.
(f) Learner-Centered Organizational Leadership and Management. A principal is an educational leader who promotes the success of all students through leadership and management of the organization, operations, and resources for a safe, efficient, and effective learning environment. At the campus level, a principal understands, values, and is able to:
(1) implement appropriate management techniques and
group processes to define roles, assign functions, delegate authority,
and determine accountability for campus goal attainment; [.]
(2) gather and organize information from a variety
of sources for use in creative and effective campus decision making; [.]
(3) frame, analyze, and creatively resolve campus problems
using effective problem-solving [problem solving]
techniques to make timely, high-quality [high quality]
decisions; [.]
(4) develop, implement, and evaluate change processes
for organizational effectiveness; [.]
(5) implement strategies that enable the physical plant,
equipment, and support systems to operate safely, efficiently, and
effectively to maintain a conducive learning environment; [.]
(6) apply local, state, and federal laws and policies
to support sound decisions while considering implications related
to all school operations and programs; [.]
(7) acquire, allocate, and manage human, material,
and financial resources according to school district policies
and campus priorities; [.]
(8) collaboratively plan and effectively manage the
campus budget; [.]
(9) use [utilize] technology
to enhance school management; and [.]
(10) use [utilize] effective
planning, time management, and organization of work to maximize attainment
of school district and campus goals.
(g) Learner-Centered Curriculum Planning and Development. A principal is an educational leader who promotes the success of all students by facilitating the design and implementation of curricula and strategic plans that enhance teaching and learning; alignment of curriculum, curriculum resources, and assessment; and the use of various forms of assessment to measure student performance. At the campus level, a principal understands, values, and is able to:
(1) use emerging issues, occupational and economic
trends, demographic data, student learning data, motivation theory,
learning theory, legal requirements, and other information as a basis
for campus curriculum planning; [.]
(2) facilitate the use of sound research-based practice
in the development and implementation of campus curricular, co-curricular,
and extracurricular programs; [.]
(3) facilitate campus participation in collaborative school
district planning, implementation, monitoring, and curriculum
revision [of curriculum] to ensure appropriate scope,
sequence, content, and alignment; [.]
(4) facilitate the use and integration of technology,
telecommunications, and information systems to enrich the campus curriculum
; and [.]
(5) facilitate the effective coordination of campus curricular, co-curricular, and extracurricular programs in relation to other school district programs.
(h) Learner-Centered Instructional Leadership and Management. A principal is an educational leader who promotes the success of all students by advocating, nurturing, and sustaining a campus culture and instructional program conducive to student learning and staff professional growth. At the campus level, a principal understands, values, and is able to:
(1) facilitate the development of a campus learning
organization that supports instructional improvement and change through
an on-going study of relevant research and best practice; [.]
(2) facilitate the implementation of sound, research-based
instructional strategies, decisions, and programs in which multiple
opportunities to learn and be successful are available to all students; [.]
(3) implement special campus programs to ensure that
all students are provided quality, flexible instructional programs
and services to meet individual student needs (i.e., guidance
and counseling programs and services); [.]
(4) use [utilize] interpretation
of formative and summative data from a comprehensive student assessment
program to develop, support, and improve campus instructional strategies
and goals; [.]
(5) facilitate the use and integration of technology,
telecommunications, and information systems to enhance learning; [.]
(6) facilitate the implementation of sound, research-based
theories and techniques of classroom management, student discipline,
and school safety to ensure an environment conducive to teaching and
learning; [.]
(7) facilitate the development, implementation, evaluation,
and refinement of student activity programs to fulfill academic, developmental,
social, and cultural needs; and [.]
(8) acquire and allocate sufficient instructional resources on the campus in the most equitable manner to support and enhance student learning.
§241.20.Requirements for the Issuance of the Standard Principal Certificate.
To be eligible to receive the standard Principal Certificate, a candidate must:
(1) successfully complete the appropriate examinations required under Chapter 230, Subchapter B, of this title (relating to Assessment of Educators);
(2) hold a master's degree from an accredited institution of higher education that at the time was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board;
(3) hold a valid classroom teaching certificate;
(4) have two creditable years of teaching experience as a classroom teacher, as defined in Chapter 153, Subchapter CC, of this title (relating to Commissioner's Rules on Creditable Years of Service) and the Texas Education Code, §5.001(2); and
(5) successfully complete a principal preparation program that meets the requirements of §241.10 of this title (relating to Preparation Program Requirements), §241.15 of this title (relating to Standards Required for the Principal Certificate), Chapter 227 of this title (relating to Provisions for Educator Preparation Candidates), and Chapter 228 of this title (relating to Requirements for Educator Preparation Programs).
§241.25.Requirements for the First-Time Principal in Texas.
(a) A principal or assistant principal employed for the first-time as a campus administrator (including the first time in the state) shall participate in an induction period of at least one year.
(b) The induction period should incorporate the principal assessment and professional growth requirements contained in §241.35 of this title (relating to Principal Assessment).
(c) The induction period should be a structured, systemic process for assisting the new principal or assistant principal in further developing skills in guiding the everyday operation of a school, adjusting to the particular culture of a school district, and developing a personal awareness of self in the campus administrator role. Mentoring support must be an integral component of the induction period.
§241.30.Requirements to Renew the Standard Principal Certificate.
(a) An [Each] individual who holds
a standard principal or mid-management administrator certificate [
the Standard Principal or Mid-Management Certificate,
issued on or after September 1, 1999,] is subject to Chapter
232, Subchapter B, [R] of this title (relating
to Certificate Renewal and Continuing Professional Education Requirements)[
, except that 200 hours of continuing professional education must
be completed every five years].
(b) To satisfy the requirements of this section, an individual must complete 200 clock-hours of continuing professional education every five years directly related to the standards in §241.15 of this title (relating to Standards Required for the Principal Certificate).
(c) An individual who holds a valid Texas professional administrator certificate issued prior to September 1, 1999, may voluntarily comply with the requirements for continuing professional education in this section.
[(b) Individuals holding the Standard
Principal Certificate or Standard Mid-Management and who are employed
as a principal or assistant principal must select an assessment from
the list approved under §241.35 of this title and should participate
in the assessment the first year of employment as a principal or assistant
principal. Follow-up assessments should be completed in the first
year of each five-year period of employment. The individual is solely
responsible for selecting the assessment used to satisfy the requirements
of this subsection.]
[(c) Based on the results of the assessment
required under subsection (b) of this section, each individual shall
develop a professional growth plan which is directly related to the
standards identified in §241.15 of this title (relating to Standards
for the Principal Certificate), and must allow for the prioritization
of professional growth needs.]
[(d) Consistent with TEC §21.054(b),
the results of the individual assessment and the professional growth
plan shall be used exclusively for professional growth purposes, and
may only be released with the approval of the individual assessed.]
[(e) An individual who holds a valid
Texas professional administrator certificate issued prior to September
1, 1999, and who is employed as a principal or assistant principal
or fulfills the functions of a principal or assistant principal:]
[(1) must complete an assessment approved
under §241.35 of this title (relating to Assessment Process Definition
and Approval of Individual Assessments) and develop a professional
growth plan as described in subsection (c) no later than August 31,
2004 and once in each subsequent five year period of employment as
a principal or assistant principal; and]
[(2) may voluntarily comply with the
requirements of subsection (a) under procedures adopted by the executive
director under Subchapter R, §232.810 of this title (relating
to Voluntary Renewal of Current Texas Educators). The executive director
shall report to the employing school district those individuals who
choose to renew under this subsection.]
[(f) An individual who holds a valid
Texas professional administrator certificate issued prior to September
1, 1999, and who is not employed as an assistant principal or principal
may voluntarily comply with the requirements of this section under
procedures adopted by the executive director under Subchapter R, §232.810
of this title.]
§241.35.Principal Assessment [Process Definition and Approval of Individual Assessments].
(a) The principal [individual]
assessment process determines primarily through a series of job-like
activities the presence of knowledge and skills directly related to
the standards identified in §241.15 of this title (relating to
Standards Required for the Principal Certificate). The
assessment process will include a structured self-assessment and may
also include other job-related activities as appropriate. Job-related
activities must also determine the presence of skills related to the
standards identified in §241.15 of this title. The assessment
must be conducted and completed within 30 calendar days [
a 30-day time period].
(b) An individual holding a principal or mid-management administrator certificate and who is employed as a principal or assistant principal must select an assessment from the list approved under subsection (h) of this section and should participate in the assessment the first year of employment as a principal or assistant principal. Follow-up assessments should be completed in the first year of each five-year period of employment. The individual is solely responsible for selecting the assessment used to satisfy the requirements of this subsection.
(c) Based on the results of the assessment required under subsection (b) of this section, an individual shall develop a professional growth plan that is directly related to the standards identified in §241.15 of this title and must allow for the prioritization of professional growth needs.
(d) Consistent with the Texas Education Code, §21.054(b), the results of the individual assessment and the professional growth plan shall be used exclusively for professional growth purposes and may only be released with the approval of the individual assessed.
(e) An individual who holds a valid Texas professional administrator certificate issued prior to September 1, 1999, and who is not employed as a principal or assistant principal may voluntarily comply with the requirements of this section under procedures implemented by the Texas Education Agency (TEA) staff under §232.810 of this title (relating to Voluntary Renewal of Current Texas Educators).
(f) [(b)] The TEA staff [
executive director] shall implement procedures to approve the
individual assessments that may be used [to satisfy §241.30(d)
of this title (relating to Requirements to Renew the Standards Principal
Certificate)]. The TEA staff [executive director]
shall implement [adopt] procedures to receive
and investigate complaints that allege noncompliance with this section,
including available sanctions against the assessment provider if the
investigation determines noncompliance has occurred.
(g) [(c)] Upon completion, the
assessment provider must report to TEA staff the results of all [
SBEC the] individuals who have completed an approved assessment.
(h) [(d)] The following characterize
an appropriate assessment and must be included in the approval criteria
[adopted by the executive director]:
(1) performance that is analyzed solely on the presence of defined skills embedded in the assessment activities;
(2) standards of performance on defined skills that are measured in a consistent manner;
(3) a minimum of two assessors are to integrate their analyses of data for the individual being assessed;
(4) assessors are to be chosen by the assessment provider and must successfully demonstrate both a strong familiarity with the principalship and leadership skills and are in no way involved in evaluation activities or employment decisions affecting the principal being assessed;
(5) assessors are trained by the assessment provider and must successfully demonstrate acceptable performance for the following assessor duties:
(A) implementation of assessment process procedures;
(B) analysis of performance of individuals being assessed in job-like activities;
(C) integration of data from job-like and job-related activities; and
(D) development of detailed feedback related to the
standards identified in §241.15 of this title; [.]
(6) structured feedback that provides detailed
results for each of the standards assessed, compares the results with
the self-assessment required under this section, and includes a series
of recommendations identifying specific professional development activities
that should be considered in the development of the professional growth
plan required under subsection (d) of this section [
§241.30(d) of this title]; and
(7) documentation that verifies that the assessment process has been field tested for appropriate content and design.
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 April 20, 2009.
TRD-200901475
Jerel Booker
Associate Commissioner, Educator Quality and Standards, Texas Education Agency
State Board for Educator Certification
Earliest possible date of adoption: May 31, 2009
For further information, please call: (512) 475-1497
19 TAC §§241.20, 241.25, 241.40
(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), §21.003(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; §21.041(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; §21.046(b), which states that the qualifications for certification as a principal must be sufficiently flexible so that an outstanding teacher may qualify by substituting approved experience and professional training for part of the educational requirements; §21.046(c), which states that because an effective principal is essential to school improvement, the SBEC shall ensure that each candidate for certification as a principal is of the highest caliber and that multi-level screening processes, validated comprehensive assessment programs, and flexible internships with successful mentors exist to determine whether a candidate for certification as a principal possesses the essential knowledge, skills, and leadership capabilities necessary for success; §21.046(d), which states that in creating the qualifications for certification as a principal, the SBEC shall consider the knowledge, skills, and proficiencies for principals as developed by relevant national organizations and the State Board of Education; and §21.054(b), which states that continuing education for principals must be based on an individual assessment of the knowledge, skills, and proficiencies necessary to perform successfully as a principal, as identified in §21.046. An individualized professional growth plan shall be developed as a result of the assessment and shall be used exclusively for professional growth purposes. The assessment results and the growth plan may only be released with the approval of the principal assessed. Except as provided by §21.059, each certified principal shall participate in the assessment process and professional growth activities at least once every five years.
The proposed repeals implement the TEC, §§21.003(a), 21.041(b)(2)-(4), 21.046(b)-(d), and 21.054(b).
§241.20.Requirements for the First-Time Principal in Texas.
§241.25.Requirements for the Issuance of the Standard Principal Certificate.
§241.40.Implementation Dates.
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 April 20, 2009.
TRD-200901476
Jerel Booker
Associate Commissioner, Educator Quality and Standards, Texas Education Agency
State Board for Educator Certification
Earliest possible date of adoption: May 31, 2009
For further information, please call: (512) 475-1497
The State Board for Educator Certification (SBEC) proposes new §242.1; amendments to §§242.5, 242.10, 242.15, 242.20, 242.25, and 242.30; and the repeal of §242.35, concerning provisions for the superintendent certificate. The sections provide for rules that establish requirements for the issuance and renewal of the superintendent certificate.
The proposed revisions to 19 TAC Chapter 242 would update the rules to reflect current law and add specificity to educator preparation and certification requirements relating to the superintendent certificate. The proposed new section, amendments, and repeal result from the SBEC's rule review conducted in accordance with Texas Government Code, §2001.039.
The proposed revisions reflect discussions held during the February 26, 2009, stakeholder meeting. Following is a description of the proposed changes.
Proposed new 19 TAC §242.1 would be added to address the critical role of the superintendent, professional development, and positions in which the holder of the superintendent certificate may serve. The addition of this new section would be consistent with Chapter 241, Principal Certificate.
Section 242.5 would be reorganized, and language would be added to specify that, at a minimum, a master's degree would be required. The proposed change would also specify that the degree must be from an accredited institution of higher education that, at that time, was accredited or approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board. In addition, language that allows for the substitution of experience and/or professional training for part of the preparation requirements in current subsection (c) would be moved to §242.10 as new subsection (c).
Language would be added in §242.15 to clarify in subsection (a) that the standards would be the basis for the requirements in §242.30, to clarify in subsection (d)(6) that the evaluation processes would be appropriate to the position held, to include guidance and counseling programs and services in subsection (i)(5), and to clarify that superintendent learner-centered activities would be at the school district level.
Current 19 TAC §242.20 would be amended to further clarify the requirements for a superintendent certificate. The section title would also be amended for clarification.
Section 242.30 would be reorganized to clarify the requirements for the renewal of a superintendent certificate. Current subsection (d) would be deleted since the provision is obsolete. The section title would be amended for clarification.
Section 242.35 would be repealed because the implementation dates occurred over eight years ago and thus are no longer relevant.
Technical Changes
Throughout Chapter 242, numerous grammatical and technical changes would be made 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.
The proposed rule actions would have no procedural and reporting implications. Also, the proposed rule actions would have no 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, amendments, and repeal 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, amendments, and repeal are in effect the public and student benefit anticipated as a result of the proposed revisions would be the continuation and clarification of requirements for admission to a superintendent preparation program, preparation program requirements and standards, requirements for the first-time superintendent in Texas, and requirements for renewal of the superintendent certificate. There are no additional costs to persons or entities required to comply with the proposed new section, amendments, and repeal.
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, amendments, and repeal 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.
19 TAC §§242.1, 242.5, 242.10, 242.15, 242.20, 242.25, 242.30
The new section and amendments are proposed under the Texas Education Code (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; §21.041(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; and §21.046(a), which states that the qualifications for superintendent must permit a candidate for certification to substitute management training or experience for part of the educational experience.
The proposed new section and amendments implement the TEC, §§21.003(a), 21.041(b)(2)-(4), and 21.046(a).
§242.1.General Provisions.
(a) Due to the critical role the superintendent plays in school district effectiveness and student achievement, the rules adopted by the State Board for Educator Certification ensure that each candidate for the Superintendent Certificate is of the highest caliber and possesses the knowledge and skills necessary for success.
(b) As required by the Texas Education Code, §21.046(b)(1)-(6), the standards identified in §242.15 of this title (relating to Standards Required for the Superintendent Certificate) emphasize instructional leadership; administration, supervision, and communication skills; curriculum and instruction management; performance evaluation; organization; and fiscal management.
(c) An individual serving as a superintendent is expected to actively participate in professional development activities to continually update his or her knowledge and skills. Currency in best practices and research as related to both school district leadership and student learning is essential.
(d) The holder of the Superintendent Certificate issued under the provisions of this chapter may serve as a superintendent, principal, or assistant principal in a Texas public school.
§242.5.Minimum Requirements for Admission to a Superintendent Preparation Program.
(a) Prior to admission to an educator preparation program leading to the Superintendent Certificate, an individual must hold, at a minimum, a master's degree from an accredited institution of higher education that at the time was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board.
(b) An educator preparation program may adopt requirements for admission in addition to those required in subsection (a) of this section.
(c) The educator preparation program shall implement procedures that include screening activities to determine the candidate's appropriateness for the Superintendent Certificate as identified in Chapter 227 of this title (relating to Provisions for Educator Preparation Candidates).
[(a) As administered and determined
by the program, satisfactory performance on an assessment that is
based upon characteristics of effective educational leaders.]
[(b) Hold, at a minimum, a Standard
Principal Certificate or the equivalent issued under this title or
by another state or country, provided the individual performed satisfactorily
on a principal certificate examination similar to and at least as
rigorous as that required under this title.]
[(c) Each preparation program must
develop and implement specific criteria and procedures that allow
admitted individuals to substitute experience and/or professional
training directly related to the standards identified in §242.15
of this title (relating to Standards Required for the Superintendent
Certificate) for part of the preparation requirements.]
§242.10.Preparation Program Requirements.
(a) The design of the superintendent [superintendency
] preparation program resides with the State Board for
Educator Certification-approved [SBEC-approved
] educator preparation program [program(s)] and curricula
and coursework shall be based upon the standards in §242.15 of
this title (relating to Standards Required for the Superintendent
Certificate) and Chapter 228 of this title (relating to Requirements
for Educator Preparation Programs).
(b) The superintendent preparation program [
superintendency] shall include a field-based practicum whereby
candidates must demonstrate proficiency in each of the [eight]
standards identified in §242.15 of this title.
(c) An educator preparation program may develop and implement specific criteria and procedures that allow a candidate to substitute related experience and/or professional training directly related to the standards identified in §242.15 of this title for part of the preparation requirements.
§242.15.Standards Required for the Superintendent Certificate.
(a) Superintendent Certificate Standards. The
knowledge and skills identified in this section must be used by an
educator preparation program in the development of curricula and coursework
and the State Board for Educator Certification [the Board]
as the basis for developing the examinations [assessment(s)
] required to obtain the standard [Standard]
Superintendent Certificate. The standards also serve as the foundation
for the individual assessment, professional growth plan, and continuing
professional education activities required by §242.30 of this
title (relating to Requirements to Renew the Standard Superintendent
Certificate).
(b) Learner-Centered Values and Ethics of Leadership. A superintendent is an educational leader who promotes the success of all students by acting with integrity, fairness, and in an ethical manner. A superintendent understands, values, and is able to:
(1) model [Model] and promote
the highest standard of conduct, ethical principles, and integrity
in decision making, actions, and behaviors; [.]
(2) implement [Implement] policies
and procedures that encourage all school district personnel
to comply with Chapter 247 [§247.2] of
this title[,] (relating to Educators' [
the] Code of Ethics [
and Standard Practices for Texas Educators]); [.]
(3) serve [Serve] as an articulate
spokesperson for the importance of education in [to]
a free democratic society; [.]
(4) enhance [Enhance] teaching
and learning by participating [participation]
in quality professional development activities, study of current professional
literature and research, and interaction with the school district's
staff and students; [.]
(5) maintain [Maintain] personal
physical and emotional wellness; and [.]
(6) demonstrate [Demonstrate]
the courage to be a champion for children.
(c) Learner-Centered Leadership and School District Culture. A superintendent is an educational leader who promotes the success of all students and shapes school district culture by facilitating the development, articulation, implementation, and stewardship of a vision of learning that is shared and supported by the school community. A superintendent understands, values, and is able to:
(1) establish [Establish] and support a
school district culture that promotes learning,
high expectations, and academic rigor for self, student, and staff
performance; [.]
(2) facilitate [Facilitate] the
development and implementation of a shared vision that focuses on
teaching and learning; [.]
(3) implement [Implement] strategies
for the involvement of all stakeholders in the planning
processes and facilitate planning between constituencies; [.]
(4) conduct [Conduct] and analyze
school district/campus [district/school] climate
inventories for effective and [,] responsive
decision making; [decision-making.]
(5) institute [Institute] and
monitor planning processes that include strategies designed to ensure
the accomplishment of school district goals and objectives
to achieve the school district's vision; [.]
(6) facilitate [Facilitate] the
use and allocation of all available resources to support the implementation
of the school district's vision and goals; [.]
(7) recognize [Recognize] and
celebrate contributions of staff and community toward realization
of the school district's vision; [.]
(8) demonstrate [Demonstrate]
an awareness of emerging issues and trends affecting the education
community; [.]
(9) encourage [Encourage] and
model innovative thinking and risk taking [risk-taking]
and view problems as learning opportunities; and [.]
(10) promote [Promote] multicultural
awareness, gender sensitivity, and the appreciation of diversity in
the education community.
(d) Learner-Centered Human Resources Leadership and Management. A superintendent is an educational leader who promotes the success of all students by implementing a staff evaluation and development system to improve the performance of all staff members, selects and implements appropriate models for supervision and staff development, and applies the legal requirements for personnel management. A superintendent understands, values, and is able to:
(1) develop [Develop], implement,
and evaluate a comprehensive professional development plan designed
specifically to address areas of identified school district,
campus, and/or staff need; [.]
(2) facilitate [Facilitate] the
application of adult learning principles to all professional development
activities, including the use of relevant issues and tasks and the
use of support and follow-up strategies to facilitate implementation;
[.]
(3) implement [Implement] strategies
to enhance professional capabilities at the school district
and campus level to ensure support for a continuum of services and
programming; [.]
(4) deliver [Deliver] effective
presentations and facilitate the learning of both small and large
groups; [.]
(5) implement [Implement] effective
strategies for the recruitment, selection, induction, development,
and promotion of staff; [.]
(6) develop [Develop] and institute
comprehensive staff evaluation models appropriate to the position held
that include both formative and summative assessment and
appraisal strategies; [.]
(7) demonstrate [Demonstrate] use of school
district and staff evaluation data for personnel
policy development and decision making; [.]
(8) demonstrate [Demonstrate]
and apply knowledge of certification requirements and standards;and
[.]
(9) diagnose [Diagnose] and improve
organizational health/morale by the implementation of strategies and
programs designed to provide on-going assistance and support to personnel.
(e) Learner-Centered Policy and Governance. A superintendent is an educational leader who promotes the success of all students by understanding, responding to, and influencing the larger political, social, economic, legal, and cultural context and by working with the board of trustees to define mutual expectations, policies, and standards. A superintendent understands, values, and is able to:
(1) define [Define] and apply
the general characteristics of internal and external political systems
to the educational organization; [.]
(2) demonstrate [Demonstrate]
and apply appropriate knowledge of legal issues affecting education;
[.]
(3) provide [Provide] leadership
in defining superintendent and board of trustees roles,
mutual expectations, and effective superintendent-board
of trustees working relationships; [.]
(4) determine [Determine] the
political, economic, and social aspects and/or needs of groups in
the community, and those of the community at large, for effective
and responsive decision making; [.]
(5) prepare [Prepare] and recommend school
district policies to improve student learning and school
district performance in compliance with state and federal requirements;
[.]
(6) use [Utilize] legal systems
to protect the rights of students and staff and to improve learning
opportunities; [.]
(7) apply [Apply] laws, policies,
and procedures fairly, wisely, and considerately; and [.]
(8) access [Access] state and
national political systems to provide input on critical educational issues.
(f) Learner-Centered Communications and Community Relations. A superintendent is an educational leader who promotes the success of all students by collaborating with families and community members, responding to diverse community interests and needs, and mobilizing community resources. A superintendent understands, values, and is able to:
(1) develop [Develop] and implement
an effective and comprehensive school district internal
and external communications plan and public relations program; [.]
(2) analyze [Analyze] community and school
district structures and identify major opinion
leaders and their relationships to school district goals and programs
; [.]
(3) establish [Establish] partnerships
with parents, area businesses, institutions of higher education, and
community groups to strengthen programs and support school district
goals; [.]
(4) implement [Implement] effective
strategies to systematically communicate with and gather input from
all stakeholders in the school district; [.]
(5) communicate [Communicate]
effectively with all social, cultural, ethnic, and racial groups in
the school district and community; [.]
(6) develop [Develop] and use [utilize
] formal and informal techniques to obtain accurate perceptions
of the school district staff, parents, and community; [.]
(7) use [Use] effective consensus-building [consensus building] and conflict-management [
conflict management] skills; [.]
(8) articulate [Articulate] the school
district's vision and priorities to the community and to the media; [.]
(9) influence [Influence] the media by using
[utilizing] proactive communication
strategies that serve to enhance and promote the school district's
vision; [.]
(10) communicate [Communicate]
an articulate position on educational issues; and [.]
(11) demonstrate [Demonstrate]
effective and forceful writing, speaking, and active listening skills.
(g) Learner-Centered Organizational Leadership and Management. A superintendent is an educational leader who promotes the success of all students by leadership and management of the organization, operations, and resources for a safe, efficient, and effective learning environment. A superintendent understands, values, and is able to:
(1) implement [Implement] appropriate
management techniques and group processes to define roles, assign
functions, delegate effectively, and determine accountability for
goal attainment; [.]
(2) implement [Implement] processes
for gathering, analyzing, and using data for informed decision
making; [decision-making.]
(3) frame [Frame], analyze, and
resolve problems using appropriate problem-solving techniques and
decision-making skills; [.]
(4) develop [Develop], implement,
and evaluate change processes for organizational effectiveness; [.]
(5) implement [Implement] strategies
that enable the physical plant, equipment, and support systems to
operate safely, efficiently, and effectively to maintain a conducive
learning environment throughout the school district; [.]
(6) apply [Apply] legal concepts,
regulations, and codes for school district operations; [.]
(7) perform [Perform] effective
budget planning, management, account auditing, and monitoring and
establish school district procedures for accurate and effective
fiscal reporting; [.]
(8) acquire [Acquire], allocate,
and manage resources according to school district vision
and priorities; [.]
(9) manage [Manage] one's own
time and the time of others to maximize attainment of school district
goals; and [.]
(10) use [Use] technology to
enhance school district operations.
(h) Learner-Centered Curriculum Planning and Development. A superintendent is an educational leader who promotes the success of all students by facilitating the design and implementation of curricula and strategic plans that enhance teaching and learning; alignment of curriculum, curriculum resources, and assessment; and the use of various forms of assessment to measure student performance. A superintendent understands, values, and is able to:
(1) apply [Apply] understanding
of pedagogy, cognitive development, and child and adolescent growth
and development to facilitate effective school district
curricular decisions; [.]
(2) implement [Implement] curriculum
planning methods to anticipate and respond to occupational and economic
trends and to achieve optimal student learning; [.]
(3) implement [Implement] core
curriculum design and delivery systems to ensure instructional continuity
and instructional integrity across the school district; [.]
(4) develop [Develop] and implement
collaborative processes for the systematic assessment and renewal
of the curriculum to ensure appropriate scope, sequence, content,
and alignment; [.]
(5) evaluate [Evaluate] and provide
direction for improving school district curriculum in ways
that are based upon sound, research-based practices; [.]
(6) facilitate [Facilitate] the
use of technology, telecommunications, and information systems to
enrich the school district curriculum and enhance learning for all
students; [.]
(7) facilitate [Facilitate] the
use of creative, critical-thinking [critical thinking],
and problem-solving [problem solving] tools
by staff and other school district stakeholders; and [.]
(8) facilitate [Facilitate] the
effective coordination of school district and campus curricular
and extracurricular programs.
(i) Learner-Centered Instructional Leadership and Management. A superintendent is an educational leader who promotes the success of all students by advocating, nurturing, and sustaining a school district culture and instructional program conducive to student learning and staff professional growth. A superintendent understands, values, and is able to:
(1) apply [Apply] knowledge and
understanding of motivational theories to create conditions that empower
staff, students, families, and the community to strive to achieve
the school district's vision; [.]
(2) facilitate [Facilitate] the
implementation of sound, research-based theories and techniques of
classroom management, student discipline, and school safety to ensure
a school district environment conducive to learning; [.]
(3) facilitate [Facilitate] the
development of a learning organization that supports instructional
improvement, builds and implements an appropriate curriculum, and
incorporates best practice; [.]
(4) facilitate [Facilitate] the
ongoing study of current best practice and relevant research and encourage
the application of this knowledge to school district/campus [
district/school] improvement initiatives; [.]
(5) plan [Plan] and manage student
activity programs to fulfill developmental, social, cultural, athletic,
leadership, and scholastic needs (i.e., guidance and
counseling programs and services); [.]
(6) institute [Institute] a comprehensive
school district program of student assessment, interpretation of data,
and reporting of state and national data results; [.]
(7) apply [Apply] knowledge and
understanding of special programs to ensure that students with special
needs are provided quality, flexible instructional programs and services;
[.]
(8) analyze [Analyze] and deploy
available instructional resources in the most effective and equitable
manner to enhance student learning; [.]
(9) develop [Develop], implement,
and evaluate change processes to improve student and adult learning
[,] and the climate for learning; and [.]
(10) create [Create] an environment
in which all students can learn.
§242.20.Requirements for the Issuance of the Standard Superintendent Certificate.
To be eligible to receive the standard Superintendent Certificate, a candidate must:
(1) [(a)] [The individual shall
] satisfactorily complete an examination [assessment
] based on the standards identified in §242.15 of this
title (relating to Standards Required for the Superintendent Certificate);[.]
(2) [(b)] [The individual shall
] successfully complete a State Board for Educator
Certification-approved [an SBEC-approved] superintendent
preparation program and be recommended for certification by that program; [.]
(3) [(c)] [The individual shall
] hold, at a minimum, a master's degree from an accredited
institution of higher education that at the time was accredited
or otherwise approved by an accrediting organization recognized by
the Texas Higher Education Coordinating Board; and [.]
(4) hold, at a minimum, a principal certificate or the equivalent issued under this title or by another state or country.
[(d) The holder of the Superintendent
Certificate issued under the provisions of this chapter may serve
as a superintendent in a Texas public school district.]
§242.25.Requirements for the First-Time Superintendent in Texas.
(a) A first-time superintendent [First-time
superintendents] (including the first time in the state) shall
participate in a one-year mentorship that [which]
should include at least 36 clock-hours [clock hours]
of professional development directly related to the standards identified
in §242.15 of this title (relating to Standards Required for
the Superintendent Certificate).
(b) During the one-year mentorship, the superintendent
should have contact with his or her mentor at least once a month.
The mentorship program must be completed within the first 18 months
of employment as superintendent [in the superintendency]
in order to maintain the standard certificate.
(c) Experienced superintendents willing to serve as mentors must participate in training for the role.
§242.30.Requirements to Renew [for Continuing Education and the Renewal of] the Standard Superintendent Certificate.
(a) An [Each] individual who
holds the standard [Standard] Superintendent
Certificate [issued on or after September 1, 1999, and who is
employed as a superintendent by a Texas public school district]
is subject to [the requirements of] Chapter 232, Subchapter
B, [R] of this title (relating to Certificate Renewal
and Continuing Professional Education Requirements) [
except §232.830(d)
of this title (relating to Requirements for Certificate Renewal)].
(b) To satisfy the requirements of this section, an individual must complete 200 clock-hours of continuing professional education every five years directly related to the standards in §242.15 of this title (relating to Standards Required for the Superintendent Certificate).
(c) [(b)] An individual who holds
a valid Texas professional administrator certificate issued prior
to September 1, 1999, may voluntarily comply with the requirements
of this section under procedures implemented [adopted]
by the Texas Education Agency staff [executive director]
under §232.810 [, Subchapter R,] of this title (relating
to Voluntary Renewal of Current Texas Educators).
[(c) To satisfy the requirements of
this section, an individual must complete 200 clock hours of continuing
professional education every five years directly related to the standards
in §242.15 of this title (relating to Standards Required for
the Superintendent Certificate).]
[(d) If an individual employed as
a superintendent in a Texas public school does not meet the requirements,
the executive director will notify that superintendent's board of
trustees.]
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 April 20, 2009.
TRD-200901477
Jerel Booker
Associate Commissioner, Educator Quality and Standards, Texas Education Agency
State Board for Educator Certification
Earliest possible date of adoption: May 31, 2009
For further information, please call: (512) 475-1497
(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), §21.003(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; §21.041(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)(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; and §21.046(a), which states that the qualifications for superintendent must permit a candidate for certification to substitute management training or experience for part of the educational experience.
The proposed repeal implements the TEC, §§21.003(a), 21.041(b)(2)-(4), and 21.046(a).
§242.35.Implementation Dates.
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 April 20, 2009.
TRD-200901478
Jerel Booker
Associate Commissioner, Educator Quality and Standards, Texas Education Agency
State Board for Educator Certification
Earliest possible date of adoption: May 31, 2009
For further information, please call: (512) 475-1497
SUBCHAPTER B. ENFORCEMENT ACTIONS AND GUIDELINES
The State Board for Educator Certification (SBEC) proposes an amendment to §249.14, concerning enforcement actions and guidelines. The section establishes requirements for complaints, required reporting, investigations, investigative notices, and the filing of petitions. The proposed amendment would modify the description of circumstances requiring a superintendent to report alleged misconduct of an educator who resigns from a school district, the minimum requirements of a superintendent's report, and the requirements for a school district to request that the Texas Education Agency (TEA) pursue sanctions against an educator who has abandoned his or her contract in violation of the Texas Education Code (TEC), §§21.105(c)(2), 21.160(c)(2), or 21.210(c)(2).
The TEC, §21.041(b)(7), authorizes the SBEC to adopt rules that provide for disciplinary proceedings for certificate holders.
One of the legislative priorities of the SBEC Legislative Committee for the 81st Texas Legislative Session is to broaden the circumstances under which a report of alleged educator misconduct is required by the TEC, §21.006. Therefore, the SBEC proposes that a provision be added to 19 TAC §249.14(d) that would cover any such additional circumstances under the TEC, §21.006.
A 2006 Third Court of Appeals decision interpreted the meaning of the TEC, §21.355, provision that "a document evaluating the performance of a teacher or administrator is confidential" to include not just formal appraisals but also any document that reflects an administrator's judgment of an educator's actions. Subsequent letter rulings by the Attorney General Open Records Division held that the confidentiality applies even to the SBEC and the TEA staff investigating allegations of educator misconduct. At this time, neither the TEA nor the SBEC has authority to issue an administrative subpoena to obtain withheld documents unless there is other evidence that would support a formal petition for sanctions. As a result, TEA staff investigators have been unable to investigate reports of serious allegations of educator misconduct because school district reports often do not contain detailed factual allegations and do not identify victims or witnesses, while the school districts' records related to alleged misconduct have been withheld as confidential appraisals. Therefore, the SBEC proposes that language be added to 19 TAC §249.14(e), as authorized by the TEC, §21.006(c)(2), to specify that reports of educator misconduct shall contain detailed factual allegations and the identity of victims and witnesses to allow such allegations to be adequately investigated.
Difficulties have arisen in the interpretation of 19 TAC §249.14(f), relating to the requirement that a school district submit to the TEA staff a written complaint for an educator's abandonment of a TEC, Chapter 21 contract "within 30 calendar days after the educator separates from employment." This has been especially problematic when the educator's resignation has not been accepted by the school district, resulting in the necessity of contested case hearings to resolve this single issue. Therefore, the SBEC also proposes that language be modified in 19 TAC §249.14(f) to specify a more definite date from which the 30-calendar day deadline would begin and to specify that the school district finding of lack of good cause to resign is not binding in a contested case hearing.
The proposed amendment would have no new procedural and reporting implications to school districts and educators. Also, the proposed amendment would have no new locally maintained paperwork requirements to school districts and educators.
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 a more prompt and complete investigation of allegations of educator misconduct, thereby reducing uncertainty and preventing unnecessary administrative proceedings related to complaints of educator contract abandonment, to better protect the safety and welfare of Texas public school students. There are no additional anticipated economic costs 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, §21.006(g), which authorizes the SBEC to propose rules as necessary to implement requirements for reporting educator misconduct; §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)(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; §21.105(c), which allows the SBEC to impose sanctions against a teacher employed under a probationary contract; §21.160(c), which allows the SBEC to impose sanctions against a teacher employed under a continuing contract; and §21.210(c), which allows the SBEC to impose sanctions against a teacher employed under a term contract.
The proposed amendment implements the TEC, §§21.006(g), 21.041(b)(1) and (7), 21.105(c), 21.160(c), and 21.210(c).
§249.14.Complaint, Required Reporting, and Investigation; Investigative Notice; Filing of Petition.
(a) - (c) (No change.)
(d) A person who serves as the superintendent of a school district or the director of an open-enrollment charter school, private school, regional education service center, or shared services arrangement shall promptly notify in writing the SBEC by filing a report with the TEA staff within seven calendar days of the date the person first obtains or has knowledge of information indicating any of the following circumstances:
(1) that an applicant for or a holder of a certificate has a reported criminal history;
(2) that a certificate holder was terminated from employment based on a determination that he or she committed any of the following acts:
(A) sexually or physically abused a student or minor or engaged in any other illegal conduct with a student or minor;
(B) possessed, transferred, sold, or distributed a controlled substance;
(C) illegally transferred, appropriated, or expended school property or funds;
(D) attempted by fraudulent or unauthorized means to obtain or to alter any certificate or permit that would entitle the individual to be employed in a position requiring such certificate or permit or to receive additional compensation associated with a position;
(E) committed a crime, any part of such crime having occurred on school property or at a school-sponsored event; or
(F) solicited or engaged in sexual conduct or a romantic
relationship with a student or minor; [or]
(3) that a certificate holder resigned and reasonable evidence supported a recommendation by the person to terminate a certificate holder because he or she committed one of the acts specified in paragraph (2) of this subsection.
(A) Before accepting an employee's resignation that, under this paragraph, requires a person to notify the SBEC by filing a report with the TEA staff, the person shall inform the certificate holder in writing that such a report will be filed and sanctions against his or her certificate may result as a consequence.
(B) A person required to comply with this paragraph [
paragraph (3) of this subsection] shall notify the governing
body of the employing school district before filing the report with
the TEA staff; or[.]
(4) any other circumstances requiring a report under the Texas Education Code (TEC), §21.006.
(e) A report filed under subsection (d) of this section
shall, at a minimum, describe in detail [summarize]
the factual circumstances requiring the report and identify the subject
of the report by providing the following available information: name
and any aliases; certificate number, if any, or social security number;
[and
] last known mailing address and home and daytime phone
numbers; name or names and any available contact information
of any alleged victim or victims; and name or names and any available
contact information of any relevant witnesses to the circumstances
requiring the report. A person who is required to file a report
under subsection (d) of this section but fails to do so timely is
subject to sanctions under this chapter.
(f) The TEA staff shall not pursue sanctions against
an educator who is alleged to have abandoned his or her contract in
violation of the TEC [Texas Education Code (TEC)
], §§21.105(c),
21.160(c), or 21.210(c), unless the board of trustees of the employing
school district:
(1) renders a finding that good cause did not exist under the TEC, §§21.105(c)(2), 21.160(c)(2), or 21.210(c)(2) . This finding constitutes prima facie evidence of the educator's lack of good cause, but is not a binding determination in a contested case hearing; and
(2) submits a written complaint to the TEA staff within
30 calendar days after the educator files a written resignation
with the school district in the manner provided by the TEC, §§21.105,
21.160, or 21.210. This deadline applies even if the school district
does not accept the educator's written resignation. If the educator
does not submit a written resignation, the employing school district
may determine the effective resignation date for purposes of this
section, which shall not be later than 14 days after the educator
fails to appear for work without district permission under the terms
of the contract [separates from employment].
(g) - (m) (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 April 20, 2009.
TRD-200901479
Jerel Booker
Associate Commissioner, Educator Quality and Standards, Texas Education Agency
State Board for Educator Certification
Earliest possible date of adoption: May 31, 2009
For further information, please call: (512) 475-1497