Proposed Sections Before an agency may permanently adopt a new or amended section, or repeal an existing section, a proposal detailing the action must be published in the Texas Register at least 30 days before any action may be taken. The 30-day time period gives interested persons an opportunity to review and make oral or written comments on the section. Also, in the case of substantive sections, a public hearing must be granted if requested by at least 25 persons, a governmental subdivision or agency, or an association having at least 25 members. Symbology in proposed amendments. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 1. ADMINISTRATION Part II. Texas Ethics Commission Chapter 10. Practice and Procedure Subchapter A. General Provisions 1 TAC sec.10.31 The Texas Ethics Commission proposes an amendment to sec.10.31, concerning guidelines, requirements, and procedures to be followed during the sworn complaint procedure initiated under Texas Civil Statutes, Article 6252-9d.1. This action is taken after a public hearing. Jim Mathieson, Assistant General Counsel, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. Mathieson also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be to provide a more liberal and comprehensive procedure to be followed by the public in the admittance of evidence in a hearing brought before the commission pursuant to Texas Civil Statutes, Article 6252-9d.1. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Jim Mathieson, Assistant General Counsel, Texas Ethics Commission, 1101 Camino La Costa, Austin, Texas 78752. Only written comments or those made during a regular commission meeting will be accepted. The amendment is proposed under Texas Civil Statutes, Article 6252-9d.1, which provide the Texas Ethics Commission with the authority to promulgate and adopt rules which affect any proceeding before the commission. sec.10.31. Conduct of Hearings: Evidence. (a) [The] At a preliminary review hearing or an informal hearing, the
    rules of evidence and privilege as applied in non-
      jury civil cases in the district courts of this state shall be followed in the resolution of a sworn complaint, except that evidence not reasonably susceptible to proof under those rules may be admitted if of the type commonly relied upon by reasonably prudent people. (b) In connection with a preliminary review hearing or informal hearing, the commission or its delegate may take official notice of all facts judicially cognizable. In addition, notice may be taken of generally recognized facts within the area of the agency's specialized knowledge. The special skills or knowledge of the agency and its staff may be utilized in evaluating the evidence. (c)
        [(b)] In a preliminary review hearing, informal hearing, or other type of resolution of a sworn complaint, a party may offer evidence, conduct cross-examination, [or] offer argument, and make opening and closing statements. [(c) With notice to the parties, the commission or its delegate may take official notice of all facts judicially cognizable or generally recognized by the commission and its staff in the exercise of its authority.] (d) The rules of evidence for a formal hearing shall be the rules of evidence required by the Administrative Procedure and Texas Register Act. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 7, 1993. TRD-9317705 Jim Mathieson Assistant General Counsel Texas Ethics Commission Earliest possible date of adoption: February 26, 1993 For further information, please call: (512) 463-5800 TITLE 7. BANKING AND SECURITIES Part I. State Finance Commission Chapter 1. Consumer Credit Commission Subchapter B. Miscellaneous 7 TAC sec.1.301 The State Finance Commission proposes an amendment to sec.1.301, concerning the disposition of an order in the event of an appeal of an Order to Desist or to Refrain. The amendment is necessary because of legislation which has abolished the Consumer Credit Section of the Finance Commission and because the Finance Commission has designated a hearing officer. Al Endsley, Consumer Credit Commissioner, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Al Endsley, Consumer Credit Commissioner, has determined that the proposed rule will have no local employment impact. Mr. Endsley also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be the removal of outdated and inaccurate notice as to the tribunal to which appeal shall be heard from orders to desist or to refrain from violating any provisions of Texas Civil Statutes, Article 5069, Title 79, Subtitles 2 and 3, by providing that the hearing shall be held by the hearing officer designated by the Finance Commission, formerly the Consumer Credit Section of the Finance Commission. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Al Endsley, Consumer Credit Commissioner, 2601 North Lamar Boulevard, Austin, Texas 78705. The amendment is proposed under Texas Civil Statutes, Article 342-114A, which provide the State Finance Commission with the authority to prescribe such rules or procedure as may be necessary for supervising the Consumer Credit Commissioner and for ensuring compliance with Texas Civil Statutes, Title 79, Article 5069-1.01 et seq. sec.1.301. Appeals From Orders to Desist or to Refrain. An appeal to the [Consumer Credit Section of the] Finance Commission , formerly the Consumer Credit Section of the Finance Commission
          [of Texas pursuant to] of
            an order issued by the consumer credit commissioner to desist or to refrain from violating any provisions of Texas Civil Statutes, Article 5069, Title 79, Subtitles 2 and 3 shall be heard by the hearing officer designated by the Finance Commission
              [Consumer Credit Commissioner or his designated hearing officer in accordance with the Rules of Practice and Procedure of the Office of Consumer Credit Commissioner. Each party to the proceeding may submit proposed findings of fact to the hearing officer who shall forward to the members of the Consumer Credit Section such proposed findings of fact together with the record on appeal and the hearing officer's findings of fact, conclusions of law, and if in the proceeding a majority of the Consumer Credit Section of the Finance Commission has not heard the case or read the record, the decision if adverse to a party to the proceedings other than the Consumer Credit Commission itself, may not be made until a proposal for decision prepared by the hearing officer in compliance with the provisions of the Administrative Procedure and Texas Register Act, Article 6252-13a, sec.15, has been served on the parties and all right and procedures available under the authority of said sec.15 have been provided to each party adversely affected by the decision, unless the parties by written stipulation waive compliance with the provisions of sec.15]. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 14, 1993. TRD-9317733 Al Endsley Consumer Credit Commissioner State Finance Commission Earliest possible date of adoption: February 26, 1993 For further information, please call: (512) 479-1280 TITLE 19. EDUCATION Part II. Texas Education Agency Chapter 75. Curriculum Subchapter B. Essential Elements-Prekindergarten-Grade 6 19 TAC sec.75.32 The Texas Education Agency (TEA) proposes an amendment to sec.75.32, concerning essential curriculum elements. In the July 24, 1992, issue of the Texas Register (17 TexReg 5197), the TEA adopted amendments to sec.75.32 with changes, including a change to the Grade 4 social studies curriculum that added to the essential elements a requirement that students be provided an opportunity to identify major historical documents. In that submission, an identical change was made inadvertently to the Grade 1 social studies curriculum. The proposed amendment deletes the requirement for Grade 1. Marvin Veselka, associate commissioner for curriculum and assessment, has determined that for the first five-year period the section is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. Veselka and Criss Cloudt, director of policy planning and evaluation, have determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of enforcing the section will be clarification of the essential curriculum elements for Grade 1. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Criss Cloudt, Policy Planning and Evaluation, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701. All requests for a public hearing on the proposed amendment submitted in accordance with the Administrative Procedure and Texas Register Act must be received by the commissioner of education not more than 15 calendar days after notice of a proposed change in the section has been published in the Texas Register. The amendment is proposed under the Texas Education Code, sec.21.101(c), which authorizes the State Board of Education to promulgate rules designating the essential elements of each subject and course in the state curriculum. sec.75.32. Social Studies, Texas, and United States History. (a) -(g) (No change.) (h) Social Studies, Grade 1. Essential elements for Social Studies, Grade 1, as described in this subsection shall be effective September 1996. Social Studies, Grade 1, shall include the following essential elements. (1)-(4) (No change.) (5) Government. The student shall be provided opportunities to: (A)-(D) (No change.) [(E) identify major historical documents (e.g., Texas Declaration of Independence, Texas Constitution, Treaty of Velasco).] (6)-(7) (No change.) (i)-(m) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317863 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Proposed date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 Chapter 137. Teacher Education Subchapter A. Teacher Education Review Process (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 Texas Education Agency or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Education Agency (TEA) proposes the repeal of ssec.137.1, 137. 21- 137.29, 137.41, 137.61-137.72, 137.91, 137.111-137.156, 137.171-137.176, 137.191, 137.192, 137.201-137.205, 137.211-137.216, 137.231-137.236, 137.251, 137.271, 137.281-137.285, 137.291-137.297, 137.301-137.304, 137.311-137.315, 137.321, 137.331-137.343, 137.351-137.358, 137.371, 137.381-137.384, 137. 391- 137.393, 137.401-137.406, 137.421-137.427, 137.501-137.511, 137.531-137. 541, and 137.551-137.559, concerning teacher education. The chapter is being repealed in accordance with the sunset review process mandated by Senate Bill 1, 71st Legislature. A new Chapter 137 is being proposed in a separate submission. Linda Cimusz, administrator for professional development and policy planning, has determined that for the first five-year period the proposed repeals are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeals. Ms. Cimusz and Criss Cloudt, director of policy planning and evaluation, have determined that for each year of the first five years the repeals are in effect the public benefit anticipated as a result of enforcing the repeals will be a clearer, more concise statement of the rules relating to teacher education. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeals as proposed. Comments on the proposal may be submitted to Criss Cloudt, Policy Planning and Evaluation, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701. All requests for a public hearing on the proposed repeals submitted in accordance with the Administrative Procedure and Texas Register Act must be received by the commissioner of education not more than 15 calendar days after notice of a proposed change in the sections has been published in the Texas Register. 19 TAC sec.137.1 The repeals are proposed under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the State Board of Education to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. sec.137.1. General Provisions. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317877 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Earliest possible date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 Subchapter A. Educator Preparation Accountability System The Texas Education Agency (TEA) proposes new sec.sec.137.1-137.6, 137.31, 137.61-137.65, 137.91, 137.121, 137.151-137.161, 137.191-137.199, 137.231, 137. 261-137.271, 137.301-137.318, 137.361, and 137.391, concerning professional educator preparation and certification. The sections establish standards and an accountability system for outcome-based educator preparation and training programs. The sections also establish the Commission on Standards for the Teaching Profession and the Teachers' Professional Practices Commission. Linda Cimusz, administrator for professional development and policy planning, has determined that there will be fiscal implications as a result of enforcing or administering the sections. The Commission on Standards for the Teaching Profession is being expanded from 18 to 30 members. The effect on state government for the first five-year period the sections will be in effect is an estimated additional cost of $250,500 in fiscal year 1993; $355,500 in fiscal year 1994; and $435,500 in each of fiscal years 1995-1997. The costs will be paid by redirecting existing funds. There will be no fiscal implications for local governments. Ms. Cimusz and Criss Cloudt, director of policy planning and evaluation, have determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of enforcing the sections will be that teachers will be trained to work more effectively with students. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the sections as proposed. Comments on the proposal may be submitted to Criss Cloudt, Policy Planning and Evaluation, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701. All requests for a public hearing on the proposed sections submitted in accordance with the Administrative Procedure and Texas Register Act must be received by the commissioner of education not more than 15 calendar days after notice of a proposed change in the sections has been published in the Texas Register. 19 TAC sec.sec.137.1-137.6 The new sections are proposed under the Texas Education Code, sec.sec.13. 032- 13.038, 13.049-13.051, and 13.201-13.218, which authorize the State Board of Education to promulgate rules regarding teacher preparation and certification. The sections also provide for the establishment and operation of the Commission on Standards for the Teaching Profession and the Teachers' Professional Practices Commission. sec.137.1. General Provisions. (a) Policy. (1) The legally constituted authorities of Texas are responsible for insuring an adequate supply of qualified and competent professional educators for the state public school system. This chapter relating to the professional educator preparation accountability system governs all accreditation of: (A) institutions of higher learning, school districts, and/or education service centers in the preparation of educators; (B) individual educator preparation programs in such institutions of higher learning, school districts, and/or education service centers; and (C) licenses and degrees that are used for salary purposes according to the state compensation pay plan for educational personnel, and that are conferred by or based upon credit earned and/or training completed in an approved educator preparation program. (2) The State Board of Education (SBOE) will adopt outcome-based standards that form the basis for all educator preparation, certification, and licensure. (3) The professional educator program review process includes the identification, the coordination of preparation and performance, and the development and continuous accreditation of programs and entities concerned with preparing educators. The process is administered through the Texas Education Agency (TEA). Monitoring the quality of educator preparation is a major function of the TEA and shall comply with law. (b) Administrative procedure. The TEA is responsible for administering the educator preparation, certification, and licensure programs. sec.137.2. Purpose of Institutional Accountability System.
                The purpose of the institutional accountability system is to assure that educator preparation programs and the institutions that sponsor these programs are held accountable for the readiness of educators exiting the programs. Accountability for outcomes is determined by assessing educators' performance on outcome-based criteria indicators and other performance indicators. sec.137.3. Criteria for Institutional Accountability. (a) The standards for outcome-based educator preparation and training programs adopted by the State Board of Education (SBOE) are the main consideration of the Texas Education Agency (TEA) in the accreditation of all programs. (b) Each educator preparation program must file an annual performance report with the Division of Professional Educator Preparation of the TEA no later than November 1 following the academic year. For the purposes of reporting, an academic year is defined as September 1-August 31. The Commission on Standards for the Teaching Profession (CSTP) designs the components of the report to comply with statutory requirements and provide a comprehensive analysis of the preparation programs. (c) The SBOE adopts performance indicators for which the programs are held accountable. Each educator preparation program must submit an annual performance report to the TEA that includes the level of attainment on the performance indicators as part of the comprehensive analysis of the educator preparation programs. (d) The accreditation process shall include consideration of: (1) adequate institution, program, and student educator achievement under the performance indicators adopted by the SBOE; (2) performance on the outcome-based standards required by this section; and (3) the relevance of the relationship between the goals, objectives, and results of educator programs of the institution and educator performance, which includes consideration of: (A) compliance with statutory requirements and SBOE regulations; and (B) assessment of the institution's ability to produce quality educators. sec.137.4. The Accreditation Process. (a) The State Board of Education (SBOE) establishes the levels of accreditation and determines the accreditation status of and approves any sanctions against all educator preparation programs. (b) For each institution, the commissioner determines the level of review needed (including the frequency of on-site visits) based on the annual performance report prepared by the Texas Education Agency (TEA) staff. This report measures the institution and its program's achievement with approved performance indicators. (c) If potential problems with a program are identified, the commissioner of education may direct the agency to conduct on-site visits to the institution and may raise or lower a program's accreditation rating as a result of the investigations. (d) The commissioner of education notifies in writing an institution's president and dean or department chair of education, an education service center executive director, and/or a superintendent of a school district before a scheduled accreditation visit. The report becomes public upon receipt by the program and must be reviewed in its entirety by the institution's president and the program's collaborative partners at a regularly scheduled meeting as soon thereafter as possible. (e) If a program disagrees with its accreditation status, it may request a hearing according to the due process procedures established by the commissioner of education. sec.137.5. Educator Assessment. (a) Anyone seeking admittance to an approved teacher preparation program must pass a competency examination of basic skills prescribed by the State Board of Education (SBOE). The effective date of this requirement is May 1, 1984. (b) Anyone seeking certification as a teacher or an administrator must pass examinations prescribed by the SBOE. The effective dates of this requirement are February 1, 1986, for teachers, and February 1, 1987, for administrators. Anyone seeking certification as a teacher must take examinations required by the Texas Education Code, sec.13.032, except a person seeking certification as a vocational teacher based on experience and preparation. Anyone seeking certification as a vocational teacher based on experience and preparation must pass a basic skills examination approved by the SBOE. (c) Anyone seeking certification as a teacher or an administrator in Texas for the first time based upon completion of an approved teacher or administrator preparation program in Texas may take examinations under the provisions of subsection (b) of this section during the last term of the person's preparation program or during the spring term if the last term is in the summer. (d) Anyone with a Texas certificate effective before February 1, 1986, must pass reading and writing examinations prescribed by the SBOE to be eligible for continued certification after June 30, 1986, unless a person has passed an alternative examination approved by the SBOE and administered by a school district or has passed an examination required by subsection (b) of this section. (e) For any examination or other assessment required by law or under the provisions of this section, the SBOE approves the satisfactory level of performance required, a schedule of examination fees, and a plan for administering the examination. (f) Scores from all examinations required under this section must be sent to the examinee, Texas Education Agency (TEA), and if appropriate, the institution from which the examinee will seek certification as a teacher or an administrator. (g) The type of assessment to be conducted under the provisions of the Texas Education Code, sec.13.316, relating to the Master Teacher Comprehensive Examination, must be determined by the SBOE with the advice of representatives of educators, at least 80% of whom must be certified and employed classroom teachers at levels three or four of the career ladder. The assessment to determine entry to level four of the career ladder must be taken voluntarily by a teacher. The written component is composed of two sections, both of which must be taken on a teacher's first attempt at the examination. A teacher who fails one or both sections of the written exam may retake each section independently two times before being required to retake both sections at the same administration. A passing standard adopted by the SBOE must allow for compensation between the two sections of the written examination if the teacher takes both sections at the same administration. If a teacher must retake the examination and chooses to retake only a single section of the written examination in one day, the teacher must meet the minimum passing standard established by the SBOE for that section. To be eligible to take the oral assessment, a teacher must have passed the written component of the master teacher examination. (h) The assessment of librarians conducted under the provisions of the Texas Education Code, sec.13.316, must assess the knowledge and skills of librarians and must be determined by the SBOE with the advice of public school educators, 80% of whom are elementary and secondary librarians. All other requirements related to the content and administration of the assessment are identical to those listed in subsection (g) of this section. sec.137.6. Effective Dates. (a) Effective September 1, 1993, all entities approved to offer educator preparation programs for certification and licensure will be held accountable to the performance indicators established through the institutional accountability system. (b) Effective September 1, 1994, individuals enrolled or participating in educator programs will complete their respective programs based on approved outcome standards and appropriate levels of performance adopted by the State Board of Education (SBOE). (c) Effective September 1, 1997, no individual shall be issued certificates authorized by the Texas Administrative Code, Title 19, Chapter 141 (relating to Teacher Certification). Certificates shall be issued according to the criteria, indicators, and outcomes associated with each certificate issued. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317865 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Proposed date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 Subchapter B. Commission on Standards For the Teaching Profession 19 TAC sec.sec.137.21-137.29 (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 Texas Education Agency or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeals are proposed under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the State Board of Education to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. sec.137.21. Definitions. sec.137.22. Policy and Purpose. sec.137.23. Composition of Commission. sec.137.24. Selection of Commission and Term of Office. sec.137.25. Authority. sec.137.26. Organization of Commission. sec.137.27. Expenses. sec.137.28. Funding. sec.137.29. Relationships with Other Bodies. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317878 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Earliest possible date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 Subchapter B. Commission on Standards for the Teaching Profession 19 TAC sec.137.31 The new section is proposed under the Texas Education Code, sec.sec.13. 032- 13.038, 13.049-13.051, and 13.201-13.218, which authorize the State Board of Education to promulgate rules regarding teacher preparation and certification. The sections also provide for the establishment and operation of the Commission on Standards for the Teaching Profession and the Teachers' Professional Practices Commission. sec.137.31. General Provisions. (a) Policy and purpose. The Commission on Standards for the Teaching Profession (CSTP) is established to recommend to the State Board of Education (SBOE) standards for educator preparation and licensure of certified personnel in public school districts. (b) Administration. The commissioner of education shall organize administrative support for the CSTP and accomplish the following: (1) determine the level of review needed for programs based on the annual performance report and other data as appropriate; (2) initiate on-site visits to programs in which potential problems have been identified and may raise or lower a program's accreditation rating as a result of the investigation; and (3) notify the program's president, dean, department chair, or superintendent, and/or the executive director of the service center of an accreditation visit. (c) Responsibility of the CSTP. The CSTP shall accomplish the following: (1) develop and report to the commissioner of education and the SBOE recommendations concerning the following: (A) outcome-based standards for all educator preparation programs; (B) performance indicators for all educator preparation programs; (C) standards, competencies, and assessments for all state required tests leading to certification or licensure; and (D) levels of accreditation for all educator preparation programs; and (2) review and comment on accreditation reports before the commissioner of education makes recommendations regarding the accreditation status of all programs. (d) Membership of the CSTP. (1) The CSTP shall number 30 members and consist of teachers, school administrators, representatives of higher education, and representatives of other entities that prepare teachers and administrators. (2) The term of office of each member shall be three years commencing on June 1. No individual shall serve more than two full consecutive terms as a CSTP member. (e) Funding of the CSTP and member expenses. Members of the CSTP will receive no compensation for their services, but will be reimbursed for actual expenses incurred in attending official CSTP meetings. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317866 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Proposed date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 Subchapter C. Standards For Teacher Education Institutions 19 TAC sec.137.41 (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 Texas Education Agency or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeal is proposed under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the State Board of Education to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. sec.137.41. General Provisions. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317879 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Earliest possible date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 Subchapter D. Institutional Review Process 19 TAC sec.sec.137.61-137.72 (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 Texas Education Agency or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeals are proposed under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the State Board of Education to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. sec.137.61. Institutional Review in General. sec.137.62. Review of an Institution Requesting Approval of the Teacher Education Program. sec.137.63. Application for Approval. sec.137.64. Visiting Team. sec.137.65. Decision Concerning Approval. sec.137.66. Time of Approval. sec.137.67. Deferred Status. sec.137.68. Provision for Students Already Enrolled in Institutions Which Withdraw or Are Disapproved. sec.137.69. Annual Performance Report of Institutions Approved for Teacher Education. sec.137.70. Changes in Teacher Education Program. sec.137.71. Initial Application for Approval. sec.137.72. Approval of Institutions Which Conduct Vocational Teacher Education Activities. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317880 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Earliest possible date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 Subchapter C. Teachers' Professional Practices Commission 19 TAC sec.sec.137.61-137.65 The sections are proposed under the Texas Education Code, sec.sec.13.032-13. 038, 13.049-13.051, and 13.201-13.218, which authorize the State Board of Education to promulgate rules regarding teacher preparation and certification. The sections also provide for the establishment and operation of the Commission on Standards for the Teaching Profession and the Teachers' Professional Practices Commission. sec.137.61. Teachers' Professional Practices Commission. (a) Policy. The Texas Education Agency (TEA) shall provide administrative and supportive assistance to the Teachers' Professional Practices Commission (TPPC) . (b) Administrative procedure. The TEA, through the office of professional practices, also supports the TPPC as follows: (1) prepares materials and makes arrangements for TPPC meetings and hearings; (2) provides consultative services to members of the profession on matters pertaining to ethics, conduct, and other areas of concern; (3) acts as a liaison to legal counsel on all matters pertaining to statutes; (4) conducts studies and collects and prepares material at the direction of the TPPC; (5) assumes responsibility for correspondence concerning professional practices; and (6) assists the TPPC in developing and adopting amendments to the Code of Ethics and Standard Practices for Texas Educators. sec.137.62. Code of Ethics and Standard Practices for Texas Educators. (a) Professional responsibility. The Texas educator should strive to create an atmosphere that will nurture to fulfillment the potential of each student. The educator is responsible for standard practices and ethical conduct toward students, professional colleagues, parents, and the community. The code is intended to govern the profession, and interpretations of the code shall be determined by the Teachers' Professional Practices Commission (TPPC). The educator who conducts his affairs with conscientious concern will exemplify the highest standards of professional commitment. (b) Principle I. Professional ethical conduct. The Texas educator should endeavor to maintain the dignity of the profession by respecting and obeying the law, demonstrating personal integrity, and exemplifying honesty. (1) Standard 1. The educator shall not intentionally misrepresent official policies of the school district or educational institution and shall clearly distinguish those views from personal attitudes and opinions. (2) Standard 2. The educator shall honestly account for all funds committed to his charge and shall conduct financial business with integrity. (3) Standard 3. The educator shall not use institutional or professional privileges for personal or partisan advantage. (4) Standard 4. The educator shall accept no gratuities, gifts, or favors that impair professional judgment. (5) Standard 5. The educator shall not offer any favor, service, or thing of value to obtain special advantage. (6) Standard 6. The educator shall not falsify records or direct or coerce others to do so. (c) Principle II. Professional practices and performance. The Texas educator, after qualifying in a manner established by law or regulation, shall assume responsibilities for professional teaching practices and professional performance and shall continually strive to demonstrate competence. (1) Standard 1. The educator shall apply for, accept, offer, or assign a position or a responsibility on the basis of professional qualifications and shall adhere to the terms of a contract or appointment. (2) Standard 2. The educator shall possess mental health, physical stamina, and social prudence necessary to perform the duties of his professional assignment. (3) Standard 3. The educator shall organize instruction that seeks to accomplish objectives related to learning. (4) Standard 4. The educator shall continue professional growth. (5) Standard 5. The educator shall comply with written local school board policies, Texas Education Agency (TEA) regulations, and applicable state and federal laws. (d) Principle III. Ethical conduct toward professional colleagues. The Texas educator, in exemplifying ethical relations with colleagues, shall accord just and equitable treatment to all members of the profession. (1) Standard 1. The educator shall not reveal confidential information concerning colleagues unless disclosure serves professional purposes or is required by law. (2) Standard 2. The educator shall not willfully make false statements about a colleague or the school system. (3) Standard 3. The educator shall adhere to written local school board policies and legal statutes regarding dismissal, evaluation, and employment processes. (4) Standard 4. The educator shall not interfere with a colleague's exercise of political and citizenship rights and responsibilities. (5) Standard 5. The educator shall not discriminate against, coerce, or harass a colleague on the basis of race, color, creed, national origin, age, sex, handicap, or marital status. (6) Standard 6. The educator shall not intentionally deny or impede a colleague in the exercise or enjoyment of any professional right or privilege. (7) Standard 7. The educator shall not use coercive means or promise of special treatment in order to influence professional decisions of colleagues. (8) Standard 8. The educator shall have the academic freedom to teach as a professional privilege, and no educator shall interfere with such privilege except as required by state and/or federal laws. (e) Principle IV. Ethical conduct toward students. The Texas educator, in accepting a position of public trust, should measure success by progress of each student toward realization of his potential as an effective citizen. (1) Standard 1. The educator shall deal considerately and justly with each student and shall seek to resolve problems including discipline according to law and school board policy. (2) Standard 2. The educator shall not intentionally expose the student to disparagement. (3) Standard 3. The educator shall not reveal confidential information concerning students unless disclosure serves professional purposes or is required by law. (4) Standard 4. The educator shall make reasonable effort to protect the student from conditions detrimental to learning, physical health, mental health, or safety. (5) Standard 5. The educator shall endeavor to present facts without distortion. (6) Standard 6. The educator shall not unfairly exclude a student from participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of race, color, sex, handicap, national origin, or marital status. (7) The educator shall not unreasonably restrain the student from independent action in the pursuit of learning or deny the student access to varying points of view. (f) Principle V. Ethical conduct toward parents and community. The Texas educator, in fulfilling citizenship responsibilities in the community, should cooperate with parents and others to improve the public schools of the community. (1) Standard 1. The educator shall make reasonable effort to communicate to parents information which should be revealed in the interest of the student. (2) Standard 2. The educator shall endeavor to understand community cultures and relate the home environment of students to the school. (3) Standard 3. The educator shall manifest a positive role in school public relations. sec.137.63. Organization. (a) Meetings. (1) The Teachers' Professional Practices Commission (TPPC) shall hold not less than three meetings each year in Austin at a place, time, and hour determined by the TPPC. (2) For its purposes, the TPPC year shall begin on September 1 and conclude on August 31 of each ensuing year. (3) Meetings may be held only after 10 days prior notice, and notice in writing by the chairman shall constitute proper notice if the meeting date is not chosen by a majority of the TPPC. (4) Meetings may be held at the call of the chairman or upon request in writing of a majority of the TPPC. (5) A majority of the TPPC shall constitute a quorum. (6) A majority of such quorum of the TPPC shall have the authority to act upon any matter properly before the TPPC. (b) Officers. (1) The officers shall include a chairman, vice chairman, and secretary. (2) These officers shall be elected at the first meeting of the TPPC year to serve until their successors assume office. (A) If the chairman is unable to serve, the vice chairman shall assume the chairman's duties. (B) If the chairman must leave the TPPC, the vice chairman shall become chairman, and another member of the TPPC shall be elected vice chairman. (C) If the secretary must leave the TPPC, another member of the TPPC shall be elected secretary. (c) Order of business. (1) The TPPC agenda shall be governed by the following requirements. (A) The agenda for the next meeting may be approved at each meeting by the TPPC. (B) The agenda shall be forwarded by the chairman to all TPPC members at least 10 days before the next scheduled meeting. (C) Members of the TPPC desiring to add items on the agenda shall write the chairman at least 15 days before a scheduled meeting. (D) During a meeting, items may be added to the agenda by a two thirds vote of TPPC members present. (E) Members of the TPPC desiring to propose amendments to the adopted code shall submit proposed amendments to the chairman at least 20 days before a scheduled meeting for discussion at that meeting and action at the next meeting. (2) Rules and procedures not specifically adopted by the TPPC shall be in accordance with Roberts' Rules of Order Revised. (3) The TPPC may set aside the rules of procedure by two thirds vote of TPPC members present. (4) Members of the TPPC shall be privileged in their utterances while acting in good faith in the course of their duties. sec.137.64. Duties. Amending the Code of Ethics and Standard Practices for Texas Educators. (1) A proposed amendment or revision of the Code of Ethics and Standard Practices for Texas Educators must be submitted to the chairman at least 20 days before the scheduled meeting at which it is to be considered. It must be an agenda item and distributed to TPPC members 10 days before the meeting. (2) The TPPC shall discuss the proposed amendment at the meeting at which it is introduced and the determination of whether it is to be submitted in a referendum will be made at the next meeting. (3) A proposed amendment accepted by the TPPC will be submitted in a referendum to each active certified professional person who holds a position that requires certification and who is currently on duty status. (4) The TPPC shall have available the results of the referendum and give them consideration before adopting an amendment. (5) No proposed amendment disapproved by the majority of the certified professional personnel voting in the referendum will be adopted. (6) Amendments or revisions adopted by the TPPC are effective on the first day of September following the expiration of 90 days after the amendments or revisions have been filed with the commissioner of education. sec.137.65. Hearing of Complaints. (a) Any member of the Teachers' Professional Practices Commission (TPPC) in attendance at a hearing from which he has been disqualified will disassociate himself from the matter by completely removing himself from the TPPC table. (b) The recommendation of the TPPC to the commissioner of education will be transmitted by vote totals to each TPPC member by the director. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas on January 20, 1993. TRD-9317867 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Proposed date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 Subchapter E. Local Cooperative Teacher Education Centers 19 TAC sec.137.91 (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 Texas Education Agency or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeal is proposed under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the State Board of Education to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. sec.137.91. The Program in General. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317881 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Earliest possible date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 Subchapter D. Local Cooperative Teacher Education Centers 19 TAC sec.137.91 The new section is proposed under the Texas Education Code, sec.sec.13. 032- 13.038, 13.049-13.051, and 13.201-13.218, which authorize the State Board of Education to promulgate rules regarding teacher preparation and certification. The sections also provide for the establishment and operation of the Commission on Standards for the Teaching Profession and the Teachers' Professional Practices Commission. sec.137.91. The Program in General. (a) Local cooperative teacher education centers shall provide, through contracts between colleges and universities and public school districts, student teaching programs in accordance with applicable law and teacher certification requirements, Chapter 141 of this title (relating to Teacher Certification). The student teaching program of the local cooperative teacher education centers provides professional laboratory and field experiences cooperatively designed and administered by colleges and universities and public school districts. (b) The requirements for operation of local cooperative teacher education centers by colleges and universities and public school districts are as follows. (1) The center shall submit to the Texas Education Agency (TEA) division responsible for professional educator preparation by August 1 of each year its plan for professional field experiences for the school year. Copies of the plan shall be filed with each participating college or university and public school district. The suggested outline for the local cooperative teacher education center plan is as follows: (A) administrative design for center; (B) program design for student teachers; (C) roles and responsibilities of the: (i) college; and (ii) public school; (D) criteria for selection of supervisors of student teachers; (E) inservice improvement plan for supervisors of student teachers; (F) evaluation design for: (i) student teacher; (ii) program; and (iii) revision. (2) Each college or university approved for teacher education shall submit official lists of students enrolled in student teaching in the fall and spring semesters of each school year to the TEA division responsible for professional educator preparation no later than April 1 of each year. The student must be enrolled full time in student teaching as required in Chapter 141 of this title (relating to Teacher Certification), and must be working toward an initial Texas teacher certificate. (3) Summer student teaching programs shall be annually approved by the TEA division responsible for professional educator preparation before April 1. Summer student teaching programs must meet all the requirements of the regular session programs. The application for approval shall include an estimate of the number of student teachers to be in the summer program. Official lists shall be provided at the end of the official add-and-drop period designated by the college or university. Summer student teachers shall be counted in the state fiscal year, September 1-August 31, in which they are enrolled. (4) The requirements for local cooperative teacher education centers apply to all degree programs for teacher certification, Chapter 141 of this title (relating to Teacher Certification). (5) Each college or university shall designate one person to be responsible for administration of this program and shall submit that person's name to the TEA division responsible for professional educator preparation. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317868 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Proposed date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 Subchapter F. Hearings Before the Commissioner of Education For Contested Cases Arising From the Commission on Standards For the Teaching Profession 19 TAC sec.sec.137.111-137.156 (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 Texas Education Agency or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeals are proposed under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the State Board of Education to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. sec.137.111. Nature of Hearings and Appeals. sec.137.112. Definitions. sec.137.113. Object. sec.137.114. Request for Hearing. sec.137.115. Notice of Hearing. sec.137.116. Extensions. sec.137.117. Agreements To Be in Writing. sec.137.118. Service of Pleadings. sec.137.119. Conduct and Decorum. sec.137.120. Classification of Parties. sec.137.121. Parties in Interest. sec.137.122. Appearances. sec.137.123. Hearing Officers. sec.137.124. Classification of Pleadings. sec.137.125. Form and Content of Pleadings. sec.137.126. Motions. sec.137.127. Amendments. sec.137.128. Incorporation by Reference of Commission or Agency Records. sec.137.129. Prehearing Conference. sec.137.130. Motions for Continuance. sec.137.131. Place and Nature of Hearing. sec.137.132. Joint Hearings. sec.137.133. Presiding Officer. sec.137.134. Order of Procedure at Hearing. sec.137.135. Transcript. sec.137.136. Corrections to the Transcript. sec.137.137. Formal Exceptions. sec.137.138. Briefs. sec.137.139. Dismissal without Hearing. sec.137.140. Admissibility in General. sec.137.141. Documentary Evidence. sec.137.142. Official Notice. sec.137.143. Prepared Testimony. sec.137.144. Limitation on Number of Witnesses. sec.137.145. Exhibits. sec.137.146. Offer of Proof. sec.137.147. Depositions. sec.137.148. Interrogatories. sec.137.149. Admissions of Facts and of Genuineness of Documents. sec.137.150. Refusal to Make Discovery; Consequences. sec.137.151. Subpoenas. sec.137.152. Proposal for Decision. sec.137.153. Filing of Exceptions and Replies. sec.137.154. Form of Exceptions and Replies. sec.137.155. Orders. sec.137.156. Motions for Rehearing. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317882 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Earliest possible date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 Subchapter E. Centers for Professional Development and Technology 19 TAC sec.137.121 The new section is proposed under the Texas Education Code, sec.sec.13. 032- 13.038, 13.049-13.051, and 13.201-13.218, which authorize the State Board of Education to promulgate rules regarding teacher preparation and certification. The sections also provide for the establishment and operation of the Commission on Standards for the Teaching Profession and the Teachers' Professional Practices Commission. sec.137.121. Establishment of Centers for Professional Development and Technology. (a) General Provisions. Effective with the 1992-1993 school year, institutions of higher education with approved teacher education programs may establish centers for professional development and technology under a process developed jointly by the State Board of Education (SBOE) and the Texas Higher Education Coordinating Board (THECB). The purpose of the centers is to integrate technology and innovative teaching practices into the preservice and staff development training of teachers and administrators. Approval of a center for professional development and technology shall be based on the following requirements. (1) The center must be established by one or more institutions of higher education with approved teacher education programs through a collaborative process involving public schools, regional education service centers, and other entities or businesses. (2) The center must develop and implement comprehensive field-based teacher education programs and/or activities and services. (3) The center must be designed on the basis of current research in: (A) state-of-the-art teaching practices; (B) curriculum and instructional knowledge and application that includes strategies to work with culturally diverse populations; (C) evaluation of student and teacher outcomes; and (D) the effective application of technology. (4) The center must have rigorous internal and external evaluation procedures that focus on teacher and student outcomes, program content, and delivery systems. (b) Requirements for an approved plan. The collaborative group described in subsection (a)(1) of this section must submit a plan to the SBOE for approval of a center before implementing a center. The plan must reflect the group's commitment to: (1) dedicate the center to addressing the educational needs of all children, especially those in low-performing school sites; (2) recognize the authority of each collaborative group to design, implement, operate, and evaluate all aspects of the center; (3) recognize contributions of faculty and administrative staff through field- based practice in centers as a form of legitimate scholarship in support of the mission of the institution of higher education; (4) establish organizational and administrative structures to support the center; (5) include funding and resource allocations for the establishment, implementation, evaluation, and maintenance of the center; (6) designate program delivery systems with adequate, qualified staff to ensure appropriate planning, training, and evaluation; (7) develop written agreements defining the terms and levels of commitments of all entities in the collaborative group; (8) establish a governance structure that: (A) includes teachers, administrators, education service center staff, faculty and administrators from institutions of higher education, and persons from other entities or businesses; (B) reflects the cultural diversity of the state; and (C) requires that no one category representation is larger than the K-12 teacher representation; (9) develop policies and practices for restructuring teacher preservice preparation and staff development that focus on outcomes for teachers, and include: (A) mission, goals, objectives, and outcomes; (B) participants, personnel, and management; (C) program design, delivery, and expenditures; and (D) evaluations and results; and (10) develop a calendar of scheduled activities for the year(s) for which programs, activities, and services are approved, and a timeline for accepting candidates into the center programs. (c) Characteristics of approved centers. Each approved center for professional development and technology must: (1) implement programs, activities, and/or services that are field-based in one or more public schools and provide experiences in public schools that reflect diverse cultural, socioeconomic, and grade level environments; (2) use current research relating to state-of-the-art best practices that focuses on teaching and learning through a planned sequence of experiences that integrates knowledge with application and implements current best practices that focus on student achievement in areas such as: (A) shared decision-making; (B) problem solving; (C) classroom and discipline management; (D) strategies for understanding and working with culturally diverse populations; and (E) subject matter and pedagogical content; (3) integrate the use of technology with effective teaching practices, including preservice preparation programs that provide instruction in technological competencies such as those identified by the International Society for Technology in Education (ISTE); (4) provide programs, activities, and services that focus on enhancing student and teacher outcomes, such as: (A) collaboratively planning professional development outcomes that are based on current research and best practice and that undergo continual review; and (B) integrating campus improvement plan(s) at field-based school site(s) into the center's evaluation design; and (5) provide continuous, rigorous, internal, and external evaluation strategies that include the constituent partners in the qualitative and quantitative assessment of student and teacher outcomes, including evaluation strategies that address: (A) measures that include the assessment of learner outcomes in the school site using the academic excellence indicator system (AEIS); (B) basic skills in mathematics, reading, and writing as evidenced by acceptable scores on the state-mandated basic skills test required for all center preservice teacher candidates; (C) successful performance on appropriate state-adopted examination(s) required for all certification candidates; (D) performance evaluations of the program's students using a variety of assessments; and (E) full appraisal requirements of the state and local district for the program's students. (d) Authority for comprehensive field-based teacher education programs offered through approved centers. Approved centers may propose for approval comprehensive field-based teacher education programs to supplement the limitations set in the Texas Education Code, sec.13.036(b). (e) Requirements for funding of approved centers. Approved centers may apply to the SBOE for competitive grants from funds derived from gifts, grants, and legislative appropriations for the purposes outlined in subsection (f) of this section. Competitive grants may be awarded to centers by geographical areas to provide programs, activities, and services throughout the state. (f) Programs, activities, and services of approved centers. (1) Approved centers may provide preservice and professional staff development for teachers and administrators that: (A) helps develop strategies for achieving academic excellence and for relating campus performance objectives to student outcomes; (B) promotes effective teaching practices that incorporate technology and technological applications; and (C) coordinates with the textbook adoption cycle and the restructuring of the public school curriculum. (2) Approved centers with preservice and professional staff development for teachers and administrators may target one or more programs for recruiting, training, or retraining minorities and other persons as teachers in subject areas for which there is a shortage of teachers. (3) Approved centers with preservice and professional staff development for teachers and administrators may provide specialized summer institutes addressing topics such as: (A) effective application of technology; (B) innovative and visionary strategies for effective teaching; (C) district-level and campus-level collaborative decision-making that focuses on student achievement; (D) site-based management for teachers, administrators, and school board trustees that focuses on student achievement; or (E) technical writing and the development of innovative grant proposals. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317869 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Proposed date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 Subchapter F. Professional Educator Preparation 19 TAC sec.sec.137.151-137.161 The new sections are proposed under the Texas Education Code, sec.sec.13. 032- 13.038, 13.049-13.051, and 13.201-13.218, which authorize the State Board of Education to promulgate rules regarding teacher preparation and certification. The sections also provide for the establishment and operation of the Commission on Standards for the Teaching Profession and the Teachers' Professional Practices Commission. sec.137.151. Standard I. Degree Granting Authority and Accreditation. (a) Standard. The institution shall be authorized by the State of Texas to grant degrees of at least the baccalaureate level, accredited by the Southern Association of Colleges and Schools, and approved by the Commission on Standards for the Teaching Profession (CSTP). (b) Quality indicators. (1) The institution shall provide documentation of current and continuing authority to grant degrees, of at least the baccalaureate level, in the State of Texas. (2) The institution shall provide documentation of current and continuing accreditation by the Southern Association of Colleges and Schools. (3) The institution shall provide documentation of current and continuing approval of programs by the CSTP. Branch institutions, as defined by State Board of Education rule, shall provide separate documentation from that provided by the parent institution. sec.137.152. Standard II. Policy Commitment to Teacher Education. (a) Standard. The institution shall demonstrate a commitment to teacher education as an institutional objective through policy enactment. (b) Quality indicators. (1) Short and long-range planning documents of the institution shall confirm its commitment to teacher education as an institutional objective. (2) The professional education unit shall be established at an organizational level within the institution that allows it to assume its responsibilities and fulfill its objectives. (3) The administrative head of the professional education unit shall have authority and responsibility comparable to heads of other similar organizational units. (4) The faculty workload policies shall be applied uniformly throughout the institution and shall be consistent with generally accepted practice and with consideration for student teaching supervision loads, practice, and internships in field-based laboratory settings. (5) Each semester faculty workload for supervisors of student teachers shall facilitate effective and regular supervision and shall not exceed an average of two student teachers per semester hour of workload credit for all supervisors. (6) The class size and structure of professional education courses shall allow for implementation of approved course and program objectives. (7) The faculty evaluation and merit system, including policies related to tenure, promotion, and salary increments, shall provide for recognition of performance in the full range of professional endeavors from scholarly activities on campus to innovative and creative field-related activities. (8) The institution shall provide for continuing professional development opportunities for faculty in professional education. sec.137.153. Standard III. Organizational Structure for Teacher Education. (a) Standard. The institution shall provide, through its organizational structure, a professional education unit with responsibility for the development and leadership of the teacher education programs. (b) Quality indicators. (1) The responsibility for leadership and coordination of teacher education shall be vested in qualified individuals with leadership ability. (A) The head of the professional education unit shall hold an earned doctorate from an accredited institution. (B) The head of the professional education unit shall have at least three years of relevant elementary or secondary school experience. Relevant experience must include a minimum of one year of full-time, full-day classroom teaching and may include other instructionally related roles. (C) The head of the professional education unit shall coordinate the teacher education programs of the institution. (2) Individuals assigned to areas of specialization, teaching fields, and endorsement components of teacher education programs shall have commensurate graduate preparation in the area of assignment. (3) The institution shall provide for cooperative advisement of students between the professional education unit and the academic departments providing instruction in approved areas of specialization, teaching fields, and endorsements. (4) The institution shall provide a procedure for interaction and consultation among faculty in those areas involved with teacher preparation. (5) The professional education unit shall provide documentation, including employment opportunities, as evidence of educational need for all proposed areas of specialization, teaching fields, and endorsement areas at the time the proposal is submitted for approval to the Commission on Standards for the Teaching Profession (CSTP). (6) The professional education unit, following the formal review process of the institution, shall be responsible for approving and submitting program proposals to the CSTP for approval. (7) The institution shall place the responsibility for recommendations for certification with the head of the professional education unit. (8) When appropriate, and with the approval of the commissioner of education, an institution may deviate from the standards concerning teaching experience by justifying a faculty member's assignment in terms of experience, preparation, and eminence. sec.137.154. Standard IV. The Professional Education Unit. (a) Standard. The institution shall provide a professional education unit with the responsibility for the institution's teacher education program. (b) Quality indicators. (1) The professional education unit (school, college, division, or department) shall be responsible for initiating, implementing, and evaluating the teacher education program based upon advice from the academic discipline faculty, the professional education faculty, public school personnel, and learned societies. (2) The administrative head (dean of education, chairman of education, or director of teacher education) shall direct and coordinate the teacher education program of the institution. (3) The professional education unit shall be responsible for the administration of admission policies for teacher education programs and the coordination of advisement activities for students preparing for certification as educators. (4) The professional education unit shall be identifiable in the institutional budget which shall provide for an administrative head, faculty and staff salaries, faculty development, maintenance and operating costs, travel, instructional services, and other support functions for teacher education. (5) The professional education unit shall be responsible for the organization of the local cooperative teacher education center in accordance with Subchapter D of this chapter (relating to Local Cooperative Teacher Education Centers) and the Texas Education Code, sec.11.311. sec.137.155. Standard V. General Programs and Curriculum Characteristics. (a) Standard. The institution shall provide at least the following three dimensions of curricula for teacher education students: (1) a broad-based general education; (2) teaching specialty designed for Texas public school instructional assignments; and (3) a professional studies program designed for specific roles in public school teaching. (b) Quality indicators. (1) The general education curriculum shall be designed to advance general literacy and to provide higher levels of proficiency in the skills of communication, information retrieval and processing, and effective interaction in a multicultural society. (2) The institution shall provide a curriculum sequence in each approved teaching specialty that includes in the content the essential elements to be taught to public school students and complementary studies to provide for perspective, flexibility, and versatility in teaching. (3) The professional studies component shall include laboratory experiences or clinical experiences with the study of theory. (4) Each preparation program shall include studies of the multicultural character of American society with emphasis on working with the various types of students in the Texas school population. (5) The institution shall seek advice from the academic discipline faculty, the professional education faculty, and public school teachers, curriculum personnel, and administrators in determining the curriculum for teacher education students. (6) All programs in the teacher education curricula shall be developed from stated goals and objectives that reflect an awareness of the recommendations of practicing professionals and learned societies. (7) The programs submitted to the Commission on Standards for the Teaching Profession shall be accompanied by documentation of review by the local cooperative teacher education center. (8) The institution shall have clearly defined written procedures for approving transfer work from other institutions. The only credits and degrees acceptable for certification of all educators are those earned and conferred by institutions of higher education which were accredited or otherwise approved at such time by a state department of education, a recognized governmental entity, or a recognized regional accrediting organization. (9) Candidates recommended for certification shall be required to show satisfactory performance on a comprehensive examination in each certificate area as required by the State Board of Education. sec.137.156. Standard VI. Characteristics of Teacher Education Faculty. (a) Standard. The institution shall provide a sufficient number of faculty members who have appropriate preparation and experience to support the programs for which the institution is approved. (b) Quality indicators. (1) General faculty qualifications. (A) Faculty members shall possess documented subject matter expertise in one or more academic fields of specialization or areas of assignment. (B) Documentation of demonstrated ability to teach effectively shall be accessible to accreditation teams for each member of the teaching faculty participating in teacher education programs. (C) The institution shall provide qualified, full-time faculty members of sufficient number in each academic area or area of assignment to ensure students of contact with varying viewpoints in the area. (2) Teaching field faculty. (A) In each teaching field at least one faculty member shall hold an earned terminal degree from an accredited institution in an area commensurate to the assignment. (B) Each faculty member teaching upper-division courses included as part of a teaching field shall hold at least an earned master's degree from an accredited institution in the area of assignment or the equivalent. (C) At least 30% of the courses provided in a teaching field shall be taught by persons with earned terminal degrees in the area of assignment from accredited institutions. (D) College or university supervisors of student teachers shall have at least three years of elementary or secondary teaching experience in the teaching field for which teachers are being prepared. (E) When appropriate, and with the approval of the commissioner of education, an institution may deviate from the standards concerning teaching experience by justifying a faculty member's assignment in terms of experience, preparation, and eminence. (3) Professional education faculty. (A) Each faculty member who serves as a director of a component in the professional education unit shall have an earned doctorate from an accredited institution in an area commensurate to the assignment. (B) Each faculty member who serves as a director of a component in the professional education unit shall have a minimum of three years' experience at the level for which teachers are being prepared. Directors of all-level components shall have experience in at least one of the levels for which teachers are being prepared. (C) Each faculty member in the professional education unit shall hold at least an earned master's degree from an accredited institution with specialized preparation in the area of assignment. (D) At least 50% of the work provided in professional education shall be taught by persons holding the earned doctorate in education from accredited institutions. (E) The majority of the full-time faculty and all teachers of education methods courses in the professional education unit shall have certification or the equivalent and at least three years of elementary or secondary teaching experience at the level or in the teaching field for which teachers are being prepared. (F) College or university supervisors of student teachers shall have certification or the equivalent and at least three years of elementary or secondary teaching experience at the level or in the teaching field for which teachers are being prepared. (G) The institution shall provide appropriate and continuing professional development activities for faculty in the professional education unit. (H) Each faculty member who teaches a professional education course shall maintain a minimum of 90 clock hours of involvement in field situations with accredited schools every seven years. (I) When appropriate, and with the approval of the commissioner of education, an institution may deviate from the standards concerning teaching experience by justifying a faculty member's assignment in terms of experience, preparation, and eminence. sec.137.157. Standard VII. Student Development Services. (a) Standard. The institution shall provide student services through admission and retention policies, testing, counseling and advisement, and professional placement activities that are responsive to the unique needs of the student populations preparing to enter the education profession. (b) Quality indicators. (1) The institution shall establish and maintain an approved plan for the administration of the state-adopted basic skills and competency tests. (A) An existing testing center at an institution with approved teacher education programs may be used, provided the plan for the center meets all testing center criteria and is approved by the Central Education Agency. (B) An institution with approved teacher education programs may establish and operate a joint testing center by submitting a joint plan with another institution or institutions with approved teacher education programs which meets all testing center criteria and is approved by the Central Education Agency. (2) The institution shall publish and disseminate the minimum acceptable scores established by the State Board of Education (SBOE) on the state-adopted basic skills test required for admission into the teacher education program and the state-adopted competency examinations required for certification in the areas of teacher preparation for which the institution is approved. An institution which requires a score on the state-adopted basic skills test that exceeds the minimum score established by the SBOE shall publish and disseminate the fact that the score required by the institution exceeds the state minimum requirements. (3) The institution shall publish and disseminate specific admission and retention policies for the teacher education program and for student teaching. (A) Candidates admitted to teacher education programs shall be required to achieve a satisfactory level of performance on a competency examination of basic skills as required by the SBOE. (B) The admission and retention policies for teacher education shall state academic qualities, student performance, prerequisite field experience, personal and social qualities, and physical and mental health as indicators of fitness for the education profession. (C) The admission and retention policies for student teaching shall state academic and performance standards as well as prerequisite field experiences. (4) The institution shall require candidates for teacher certification to have attained junior standing as defined and published by the respective institution before admission to the teacher education program. (5) The institution shall limit candidates for teacher certification to the completion of no more than six semester hours of professional education courses before admission to the teacher education program. (6) The institution shall have written documentation of admission to the teacher education program for each candidate for teacher certification. (7) The institution shall evaluate and accept transferred credits in accordance with published institutional policies. (8) The institution shall grant credit in professional education for correspondence courses, advanced placement, and independent studies in accordance with approved, published institutional policies. (9) The institution shall provide counseling and advisement to assist students in the professional preparation program. (A) Program counseling and advisement shall be administered and coordinated by the professional education faculty. (B) Counseling and advisement about programs of study, performance standards, and career opportunities shall be provided before the student makes a substantial commitment to teacher education. (C) Counseling and advisement services shall assist students in the appraisal of personal potential, diagnosis of individual needs, and referrals for remedial services. (D) Counseling and advisement services shall provide procedures for directing students into other fields of study when advisable. (E) The institution shall have an information system that provides current data on student performance and progress for counseling and advising. (10) The institution shall provide placement services to assist teacher education graduates seeking professional employment. (A) The institution shall list professional positions known to be currently available. (B) The institution shall make available information about the qualifications and potential of teacher education graduates to school districts on request. (C) The institution shall provide opportunities for employers to interview students on campus. sec.137.158. Standard VIII. Facilities and Resources for Teacher Education. (a) Standard. The institution shall provide and maintain accessibility to physical facilities and learning resources necessary to achieve the objectives of its teacher education programs. (b) Quality indicators. (1) The physical facilities shall meet the operational requirements of the objectives of the teacher education programs. (2) The physical facilities provided for the professional education unit shall be comparable in quality and appropriateness to those provided by the institution for other areas of professional study. (3) The physical facilities for programs and faculty shall facilitate professional communication. (4) Specialized facilities, such as clinics and laboratories, shall be provided and equipped as required for each program area for which the institution is approved. (5) Instructional media in multiple formats shall be provided for faculty and students. (6) Facilities, equipment, and materials for the preparation of instructional media shall be provided as required for each program area for which the institution is approved. (7) The institution shall provide for acquisition of current, quality materials for instruction and research for the professional education unit and for each program area for which the institution is approved. (8) Acquisition guidelines for library collections shall provide for input from faculty and regular notification of additions. (9) The library shall be accessible to faculty and students on a regular, scheduled basis. sec.137.159. Standard IX. Financial Support for Teacher Education. The institution shall provide adequate financial support for sustaining its approved programs for professional education at an effective level. sec.137.160. Standard X. Collaborative Planning and Review Processes. (a) Standard. The institution shall provide a process for collaborative planning and review of teacher education programs. (b) Quality indicators. (1) The planning and review process for teacher education programs shall involve representatives of the practicing profession including public school teachers and administrators, faculties in professional and academic discipline areas for which the institution is approved, and students and graduates of the program. (2) The institution shall maintain active membership in a local cooperative teacher education center in accordance with Subchapter D of this chapter (relating to Local Cooperative Teacher Education Centers) and the Texas Education Code, sec.11.311. (3) The initiative for organization of local cooperative teacher education centers shall be the responsibility of the professional education unit of the institution. The organization of the local cooperative teacher education centers shall be based upon a written agreement among participating members. (4) The institution shall provide for internal collaborative review and advisement regarding teacher education programs which involves faculty representation from approved programs and students enrolled in the teacher education program. sec.137.161. Standard XI. Evaluation for Quality Control. (a) Standard. The institution shall have a process for evaluation of its teacher education organizational and policy structure, administrative processes, financial support, faculty performance, student services, programs and curriculum facilities and resources, collaborative activities, and evaluative systems. The quality of each program shall be judged by the success of its graduates, test results, and teacher appraisal, using an accountability system that includes performance of graduates and peer review of institutions and programs. (b) Quality indicators. (1) The evaluation process shall include a procedure for collecting information from faculty, students, public school educators, graduates, and others concerning the teacher education program. (2) The institution shall provide for a continuous and systematic process of follow-up and evaluation of its teacher education graduates. (3) The continuous planning, review, and development of the teacher education program shall respond to needs identified through the evaluation process. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317870 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Earliest possible date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 Subchapter G. Appeals to the State Board of Education For Contested Cases Arising From the Commission on Standards For the Teaching Profession 19 TAC sec.sec.137.171-137.176 (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 Texas Education Agency or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeals are proposed under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the State Board of Education to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. sec.137.171. Procedure for Appeal. sec.137.172. Notice. sec.137.173. Testimony and Evidence. sec.137.174. Decisions. sec.137.175. Rehearing. sec.137.176. Administrative Finality. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317883 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Earliest possible date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 Subchapter H. Teacher Education Programs and Institutions Organization and Standards 19 TAC sec.137.191, sec.137.192 (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 Texas Education Agency or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeals are proposed under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the State Board of Education to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. sec.137.191. Organization and Procedures for Approval of Teacher Education Programs-June 10, 1972. sec.137.192. Applicable Standards for Approval of Teacher Education Institutions. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317884 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Earliest possible date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 Subchapter G. 1987 Program Requirements for Preparation of School Personnel for Initial Certificates and Endorsements 19 TAC sec.sec.137.191-137.199 The new sections are proposed under the Texas Education Code, sec.sec.13. 032- 13.038, 13.049-13.051, and 13.201-13.218, which authorize the State Board of Education to promulgate rules regarding teacher preparation and certification. The sections also provide for the establishment and operation of the Commission on Standards for the Teaching Profession and the Teachers' Professional Practices Commission. sec.137.191. Preparation Required in All Programs. (a) The teacher education program standards in this subchapter are minimum requirements. (b) The teacher education program shall provide a degree structure of at least the baccalaureate level with an academic major or interdisciplinary academic major including reading and related to the subjects listed in the Texas Education Code, s21.101. The curriculum shall include at least the following three dimensions of curricula: (1) general education; (2) teaching specialty designed for Texas public school instruction; and (3) professional studies program designed for specific roles in public school teaching. (c) All teacher education programs must be directed toward a high quality, well-rounded education that includes a grasp of the humanities, the natural and social sciences, mathematics, and fine arts. It is particularly important that candidates for certification be able to communicate in clear, correct English. The general education curriculum shall apply to all teacher certificates, special education certificates, and the vocational certificates that are based on an approved teacher education program in a Texas senior college. Specialization in one or more academic areas shall be built upon the general education curriculum. The general education curricula shall include the following. (1) General education requirements are 60 semester hours, including courses from the following areas: (A) English (six semester hours must emphasize skills in mechanics and composition)-12 semester hours; (B) speech (must emphasize oral language proficiency) - three semester hours or demonstration of competency; (C) American history-six semester hours; (D) political science (study of United States and Texas Constitutions). The coursework shall be completed in a government or political science department or by examination. Study of the Texas Constitution shall be completed in a Texas institution -three-six semester hours; (E) natural science (laboratory)-three semester hours; (F) mathematics (at content level of college algebra or above) -three semester hours; (G) computing and information technology (including societal and ethical implications, and proficiency in use as productivity tools)-three semester hours or a demonstration of competency; and (H) fine arts-three semester hours. (2) Each institution shall provide a minimum of nine semester hours of electives from the following areas: (A) humanities; (B) social science; (C) natural science; (D) mathematics; (E) other languages (foreign languages); and (F) fine arts. (d) The teacher education program shall include academic specializations and teaching fields in subjects approved to be taught in the public schools of Texas or delivery systems authorized by the State Board of Education (SBOE) for use in the public schools of Texas. (1) The program shall include at least the curriculum essential elements required by Chapter 75 of this title (relating to Curriculum). (2) Within the curriculum sequence for each academic specialization, teaching field, or delivery system, the institution shall provide instructional components in response to academic program descriptors identified by the Commission on Standards for the Teaching Profession (CSTP) and approved by the SBOE. (3) The institution shall be responsible for expanding and enriching the curriculum beyond the required essential elements for each academic specialization, teaching field, or delivery system, through a balanced program that capitalizes upon the best academic talents of the institution to meet the unique needs of prospective teachers. (4) For the teacher certificates, each academic specialization, teaching field, and delivery system shall comply with one or more of the options in this paragraph. In accordance with the Texas Education Code, sec.13.036(b), additional semester hours in education are permissible for certification in bilingual education, English as a second language, early childhood education, and special education. For the teacher certificate-elementary, six semester hours of upper-division courses in reading shall be included in each option unless reading is selected as an academic specialization. For all other certificates based on college-approved teacher education programs, reading shall be included in the approved program. Reading instruction shall be developmental and corrective and include study relating to the phonetic structure of the English language; knowledge of reading instruction such as language-based, phonics-based, and meaning-based instruction; demonstration and application of reading theories; and identification of and teaching strategies and resources for dyslexia and other reading disorders. Reading courses that fulfill these requirements may be offered beyond the 18 semester hours of professional development courses. (A) The options for teacher certificate-elementary include the following. (i) Option I (Grades 1-6) requires: (I) two 12-semester-hour (including six semester hours of upper-division courses in each area) academic specializations; and (II) 12 semester hours in a combination of subjects taught in elementary grades. Six semester hours of upper-division courses in reading must be included unless reading is selected as an academic specialization. (ii) Option II (Grades 1-8) requires: (I) one 18-semester-hour (including nine semester hours of upper-division courses) academic specialization; and (II) 18 semester hours in a combination of subjects taught in elementary grades. Six semester hours of upper-division courses in reading must be included unless reading is selected as the academic specialization. (iii) Option III (Grades 1-8, except for the delivery system in generic special education that is valid for assignment to school settings with students identified as having special needs in prekindergarten-Grade 12) requires: (I) one 24-semester-hour (including 12 semester hours of upper-division courses) delivery system or academic specialization in life-earth science, physical science, or social studies; and (II) six semester hours in a combination of subjects taught in elementary grades and six semester hours of upper-division courses in reading. (iv) Option IV (prekindergarten-Grade 6) requires: (I) one 24-semester-hour (including 12 semester hours of upper-division courses) delivery system emphasizing instructional areas designed for early childhood education; and (II) six semester hours in a combination of subjects taught in elementary grades and six semester hours of upper-division courses in reading. (B) The options for teacher certificate-secondary include the following. (i) Option I (Grades 6-12) requires one 36-semester-hour (including 21 semester hours of upper-division courses) teaching field, with an additional 12 semester hours in a directly supporting field(s). (ii) Option II (Grades 6-12) requires two 24-semester-hour (including 12 semester hours of upper-division courses in each) teaching fields, delivery systems, or a combination of a teaching field and a delivery system. (iii) Option III (Grades 6-12) requires one 48-semester-hour (including 24 semester hours of upper-division courses) broad teaching field. (iv) Option IV (Grades 6-12) requires one 48-semester-hour (including 24 semester hours of upper-division courses, 12 of which are in a single area) composite teaching field. A minimum of six semester hours shall be required in each area. (C) The options for teacher certificate-all-level include the following. (i) Option I (prekindergarten-Grade 12) requires one 48-semester-hour (including 24 semester hours of upper-division courses) academic specialization, which includes six semester hours designed for elementary level and six semester hours designed for secondary level. (ii) Option II (prekindergarten-Grade 12) requires one 36-semester-hour (including 18 semester hours of upper-division courses) academic specialization, which includes six semester hours designed for elementary level and six semester hours designed for secondary level. Option II is only available for the physical education academic specialization. (e) At the baccalaureate level, the professional development sequence for the initial teacher certificate shall consist of 18 semester hours of upper-division courses. The following three components must be included. (1) Core requirements common to all grade level options include studies of: (A) teaching-learning processes, including measurement and evaluation of student achievement; (B) human growth and development; (C) knowledge and skills concerning the unique needs of special learners, such as: (i) multicultural education: the impact of cultural, ethnic, language, and social differences upon instructional processes; (ii) the characteristics, assessment, least restrictive alternatives, and admission, review, and dismissal processes for students requiring individualized or specialized education programs; and (iii) the characteristics, identification, and needs of gifted and talented students; (D) legal and ethical aspects of teaching to include the recognition of and response to signs of abuse and neglect in children; (E) structure, organization, and management of the American school system, with emphasis upon the state and local structure in Texas; and (F) educational computing, media, and other technologies. (2) Methodology requirements specifically designed for the grade level option selected shall include studies of the following: (A) instructional methods and strategies that emphasize practical applications of the teaching-learning processes; (B) curriculum organization, planning, and evaluation; (C) basic principles and procedures of classroom management with emphasis on classroom discipline, using group and individual processes as well as different techniques and procedures adapted to the personality of the teacher; and (D) the scope and sequence of the essential elements for all subjects required in the elementary course of study that are not included in the academic specializations when elementary options are selected. (3) Field experience requirements that provide for the application of teaching-learning theories shall include the following. (A) Pre-student teaching experiences. A planned sequence of 45 clock hours in field experiences shall be a prerequisite for admission to student teaching. (i) Pre-student teaching field experiences shall include observing and working with children or youth in a school or schools accredited or recognized by the Central Education Agency. (ii) At least one-half of the pre-student teaching field experiences shall include observation and experience at a level for which a student teaching assignment is anticipated. (iii) Option IV for the elementary certificate shall include observation of interaction experiences with children, parents, and families in a variety of settings and from a variety of socioeconomic and cultural backgrounds. The program shall require a minimum of 60 clock hours in field experiences as a prerequisite for admission to student teaching. (B) Student teaching. The institution shall provide for each qualified student a student teaching experience involving a period of major responsibility for instruction and learning in the school classroom environment. Student teaching should verify student performance capabilities developed through prior components of the teacher education program. Notwithstanding any requirements mandated in this paragraph, an institution may design a variety of experiences and formats for student teaching. Student teaching programs differing from the ones herein specified must be approved by CSTP. (i) Student teaching shall occur in a school or schools accredited or recognized by the Central Education Agency and shall be designed in compliance with the Texas Education Code, sec.13.906, and this subchapter. (I) Admission to and retention in student teaching shall be restricted to students who have met and continue to meet performance standards established by the institution. (II) The number of student teachers assigned to a school or school district shall be limited by the availability of qualified supervising classroom teachers. No more than one student teacher shall be assigned to a supervising teacher during any one time period. (III) Student teaching shall be supervised by both the institution and the school district to guarantee that the needs of students in the learning situation are met. (IV) An institution may design a variety of experiences in student teaching that meet unique needs of students and programs. (V) Student teachers should maintain the same daily schedule and calendar required of the public school supervising teachers to whom they are assigned. (ii) Student teaching shall be a minimum of six semester hours credit earned in a minimum of 10 consecutive weeks of full-day assignments in accordance with the criteria in this clause. (I) Elementary student teaching (Grades 1-8). (-a-) For academic specializations (Options I, II, or III), student teaching shall be 10 weeks of full days in an elementary classroom. (-b-) For academic specializations with additional endorsements (Options I, II, or III), student teaching shall be five weeks of full days in an elementary classroom and five weeks of full days in the endorsement area. (-c-) For delivery systems (Option III), student teaching shall be 10 weeks of full days in an elementary classroom with students having identified special needs. (-d-) For delivery systems (Option III) with additional endorsements, student teaching shall be five weeks of full days in an elementary classroom with students having identified special needs and five weeks of full days in the area of the additional endorsement. (-e-) For delivery system (Option IV), student teaching shall be five weeks of full days in an elementary classroom (Grades 1-6) and five weeks of full days in an early childhood classroom (kindergarten or below). (-f-) For delivery system (Option IV) with endorsement, an additional student teaching experience of at least five weeks of full days in the endorsement area shall be required. (-g-) If appropriate, student teaching assignments may be concurrent, when an endorsement is involved. (II) Secondary student teaching (Grades 6-12). (-a-) For Option I, Option III, and vocational agriculture, home economics, and marketing education, student teaching shall be 10 weeks of full days in the single teaching field for which certification is sought. (-b-) If student teaching is required for an endorsement to be added to Option I, Option III, and vocational agriculture, home economics, and marketing education, student teaching shall be five weeks of full days in the certificate area and five weeks of full days in the endorsement area. (-c-) For Option II or Option IV, student teaching shall be 10 weeks of full days with experience in each of two teaching fields for which certification is sought. (-d-) If student teaching is required for an endorsement to be added to Option II or Option IV, student teaching shall be five weeks of full days in one teaching field area and five weeks of full days in the endorsement area. When a delivery system is selected under Option II, secondary student teaching shall be a minimum of five weeks of full days in one teaching field with students having identified special needs and five weeks of full days in the endorsement area. (III) All-level (prekindergarten-Grade 12), hearing impaired (prekindergarten- Grade 12), and speech and language therapy (prekindergarten-Grade 12) student teaching. (-a-) For all-level certificates, student teaching shall be a minimum of five weeks of full days in an elementary school (prekindergarten-Grade 8) and five weeks of full days in a secondary school (Grades 6-12) in the certificate area sought. (-b-) For the hearing impaired and speech and language therapy certificates, student teaching shall be a minimum of five weeks of full days in an elementary school (prekindergarten-Grade 8) and five weeks of full days in a secondary school (Grades 6-12) in the certificate area sought. (-c-) If student teaching is required for an endorsement to be added to one of these certificates, an additional student teaching experience of at least five weeks of full days in the endorsement area shall be required. (iii) Student teaching may be waived if the student has served successfully for two years in an accredited or recognized school as a regular classroom teacher of record in the area and at the level for which certification is sought. (f) The professional development sequence for the teacher certificate-all- level shall include a minimum of three semester hours designed for the elementary level and three semester hours designed for the secondary level. (g) The institution shall provide a procedure whereby exceptions to the requirements in this subchapter for individual students can be evaluated, approved, and documented by the head of the professional education unit after consultation with the appropriate faculty in approved areas of general education, academic specializations, teaching fields, endorsements, or professional development. sec.137.192. Teacher Certificate-Elementary. (a) The teacher certificate-elementary shall be based upon completion of a teacher education program as described in sec.137.191 of this title (relating to Preparation Required in All Programs). (b) Approved academic specializations and delivery systems are listed in the tables in this subsection. [graphic] sec.137.193. Teacher Certificate-Secondary. (a) The teacher certificate-secondary shall be based on completion of a teacher education program as described in sec.137.191 of this title (relating to Preparation Required in All Programs). (b) Approved teaching fields and delivery systems are listed in the tables in this subsection. [graphic] sec.137.194. Teacher Certificate-All-Level.
                  The teacher certificate-all- level shall be based upon completion of a teacher education program as described in sec.137.191 of this title (relating to Preparation Required in All Programs). Areas of academic specialization for the teacher certificate-all-level shall be: (1) art; (2) music; (3) physical education; and (4) speech communications-theatre arts. sec.137.195. Special Education Certificates. (a) The special education certificates shall be based upon completion of a teacher education program as described in sec.137.191(a), (b), and (c)(1) and (2) of this title (relating to Preparation Required in All Programs). In accordance with the Texas Education Code, sec.13.036(b), additional semester hours in education are permissible for certification in special education. The program shall include at least one of the following specializations. (1) Hearing impaired shall prepare the individual to teach prekindergarten through Grade 12 in programs designed to serve the hearing impaired and shall require 36 semester hours in courses specifically designed for teaching the deaf and severely hard of hearing, including: (A) survey of special education; (B) foundations of education for the deaf (history of education of the deaf, psychology of deafness, the state curriculum for the deaf, and the legal aspects of education for the deaf); (C) audiology (auditory training and testing and speech reading); (D) speech for the deaf; (E) language for the deaf; (F) manual communication (finger spelling, signed English, and American Sign Language); (G) teaching reading to the deaf; and (H) pre-student teaching experiences with deaf children in settings where the state curriculum for the deaf is being used. (2) School speech-language pathology shall prepare the individual to teach prekindergarten through Grade 12 in programs designed to serve students with communication disorders. This certificate shall be based upon completion of a teacher education program designed to culminate in a master's degree in speech- language pathology from an accredited or approved college or university and shall require: (A) 60 semester hours (undergraduate and graduate) in courses appropriate to the study of speech-language pathology; (i) 30 semester hours of courses acceptable toward a graduate degree by the college or university in which they were taken; (ii) 21 graduate semester hours in the area of speech-language pathology required for Texas licensure in speech-language pathology; (iii) six semester hours in audiology to include: (I) three semester hours habilitative/rehabilitative procedures with speech and language problems associated with hearing impairment; and (II) three semester hours in the study of the pathologies of the auditory system and assessment of auditory disorders; (iv) information pertaining to the normal development and use of speech, language, and hearing; (v) information pertaining to the evaluation, habilitation, and rehabilitation of speech, language, and hearing disorders, including augmentative and assistive technology; (vi) information pertaining to related areas that augment the work of practitioners in speech-language pathology except that no more than three semester hours in any of the following areas may be accepted: statistics, beyond the introductory level course; academic study of the administrative organization of speech-language pathology and audiology programs; courses that provide an overview or research; or academic credit for thesis or dissertation; and (B) 300 clock hours of supervised clinical experience of which 100 clock hours must be in a public school setting and may be completed concurrently with student teaching; (C) successful completion of the National Teacher's Examination in Speech- Language Pathology and the Texas ExCET test in professional development. (b) The professional development sequence for special education certificates shall consist of 18 semester hours of upper-division courses. For the school speech-language pathology certificate, the 18 semester hours shall consist of upper-division or graduate level courses. The college or university must ensure in its proposal that all professional development requirements are fulfilled, and may designate six semester hours of professional development to be provided by the speech-language pathology department whose faculty are identified as appropriately qualified in accordance with sec.137.156 of this title (relating to Standard VI. Characteristics of Teacher Education Faculty) and sec.137.536 of this title (relating to Standard VI. Characteristics of Graduate Teacher Education Faculty). Reading, which may be offered beyond the 18 semester hours of professional development courses, must be included. Reading instruction will be developmental and corrective, and will incorporate identification, teaching strategies, and resources for dyslexia and related disorders and other reading disorders. The following three components must be included. (1) Core requirements common to all grade levels shall include sec.137.191(e)(1) of this title (relating to Preparation Required in All Programs). (2) Methodology requirements specifically designed for both the elementary and secondary grade levels shall include sec.137.191(e)(2) of this title. (3) Field experience requirements that provide for the application of teaching-learning theories shall include the following. (A) Pre-student teaching experiences. A planned sequence of not fewer than 45 clock hours in field experience shall be a prerequisite for admission to student teaching. For the school speech-language pathology certificate, a planned sequence of 75 clock hours, 25 of which must be in a school or schools accredited or recognized by the Central Education Agency, in applied experience shall be a prerequisite for admission to student teaching. (i) Pre-student teaching field experiences shall include observing and working with elementary and secondary school children in a school or schools accredited or recognized by the Central Education Agency. For the school speech- language pathology certificate, pre-student teaching field experiences shall include observing and working with preschool, elementary, or secondary school- aged children birth through 21. Pre-student teaching field experiences in speech-language pathology must include 25 clock hours of observation, and 50 clock hours of supervised clinical experience with elementary or secondary school-aged children birth through 21. (ii) Pre-student teaching field experiences shall be in the area of the special education certificate sought. (B) Student teaching. The institution shall provide for each student a student teaching experience involving a period of major responsibility for instruction and learning in the school classroom environment in the area of the certificate sought. Student teaching should verify student performance capabilities developed through prior components of the teacher education program. For the school speech-language pathology certificate, the institution shall provide for each student a student teaching experience involving a period of major responsibility for instruction and learning in the school's speech-language pathology class environment. Student teaching should verify student performance capabilities developed through prior components of the school speech-language pathology certification program. (i) Student teaching shall occur in a school or schools accredited or recognized by the Central Education Agency and shall be designed in compliance with the Texas Education Code, sec.13.906, and this subchapter. (I) For the school speech-language pathology certificate, supervision shall be provided by personnel holding valid Texas licensure in speech-language pathology. (II) For the school speech-language pathology certificate, student teachers should maintain the same daily schedule and calendar required of the public school supervising speech-language pathologist to whom they are assigned. (ii) Student teaching shall be a minimum of six semester hours credit earned in no fewer than 10 weeks of full day assignments. sec.137.196. Vocational Agriculture Certificates. (a) The vocational agriculture certificate shall be based on completion of a teacher education program as described in sec.137.191 of this title (relating to Preparation Required in All Programs). The program shall include at least one of the following specializations: (1) production agriculture; or (2) ornamental horticulture. (b) The specialization in production agriculture shall consist of 48 semester hours (24 semester hours of upper-division courses) of technical agriculture as follows: (1) agricultural economics-three semester hours; (2) animal science-nine semester hours; (3) soil and plant science-nine semester hours; (4) agricultural engineering-nine semester hours; and (5) scientific agriculture electives-18 semester hours. (c) The specialization in ornamental horticulture shall consist of 48 semester hours (24 semester hours of upper-division courses) of technical agriculture. The program shall include the following areas: (1) agricultural economics; (2) genetics (plant reproduction); (3) greenhouse and nursery management; (4) plant nutrition; (5) plant pathology; (6) plant physiology; (7) plant and soil science; and (8) taxonomy of flowering plants. (d) The professional development sequence shall consist of 18 semester hours of upper-division courses in three component areas. No more than nine semester hours, including student teaching, of the professional development sequence may be completed in vocational agriculture education courses. Reading, which may be offered beyond the 18 semester hours of professional development, must be included. Reading instruction will be developmental and corrective, and will incorporate identification, teaching strategies, and resources for dyslexia and other reading disorders. (1) Core requirements specifically designed for secondary grade levels shall include sec.137.191(e)(1) of this title. (2) Methodology requirements shall include, but need not be limited to: (A) adult and young farmer education; (B) youth leadership development and activities; (C) supervision of occupational experience programs; (D) history, principles, and foundations of vocational education in agriculture; (E) advisory councils for vocational agriculture; (F) special needs of students in vocational agriculture; (G) instructional methods and strategies that emphasize practical applications of the teaching-learning processes; (H) curriculum organization, planning, and evaluation; and (I) basic principles and procedures of classroom management with emphasis on classroom discipline, using group processes as well as different techniques and procedures adapted to the personality of the teacher. (3) Field experience requirements shall provide for the application of teaching-learning theories and include: (A) Pre-student teaching experiences. A planned sequence of not fewer than 45 clock hours in field experiences shall be a prerequisite for admission to student teaching. (i) Pre-student teaching field experiences shall include observing and working with secondary school children in a school or schools accredited by the Central Education Agency. (ii) Pre-student teaching experiences shall be in the area of the vocational certificate sought. (B) Student teaching. The institution shall provide for each student a student teaching experience involving a period of major responsibility for instruction and learning in the school classroom environment. Student teaching should verify student performance capabilities developed through prior components of the teacher education program. (i) Student teaching shall occur in a school or schools accredited by the Central Education Agency and shall be designed in compliance with the Texas Education Code, sec.13.906, and this subchapter. (ii) Student teaching shall be a minimum of six semester hours credit earned in no fewer than 10 weeks of full day assignments. (e) Additional requirements for assignment to specialized programs in vocational agriculture are described in Chapter 141 of this title (relating to Teacher Certification). (f) Students also planning to qualify for a secondary teaching certificate should complete a secondary, Option II, teaching field and, if taken concurrently, complete 10 weeks of student teaching, with the amount in each field to be determined by the institution. sec.137.197. Vocational Home Economics Certificates. (a) The vocational home economics certificate shall be based on completion of a teacher education program as described in sec.137.191 of this title (relating to Preparation Required in All Programs). (b) Academic preparation for the vocational home economics certificate shall consist of 48 semester hours (24 semester hours upper-division courses) of home economics, which must include: (1) clothing and textiles-6-12 semester hours; (2) food and nutrition-6-12 semester hours; (3) home management, family economics, and consumer education -9-12 semester hours; (4) housing (including art related to the home)-six-nine semester hours; (5) human development and the family (including child development, family relations, personal development, home care of the sick, and individuals with special needs)-9-12 semester hours; and (6) occupational home economics (including competencies in industrial sewing, commercial food service, industrial home management, and child care)-six-nine semester hours. (c) The professional development sequence shall consist of 18 semester hours of upper-division courses in three component areas. No more than nine semester hours, including student teaching, of the professional development sequence may be completed in vocational home economics education courses. Reading, which may be offered beyond the 18 semester hours of professional development courses, must be included. Reading instruction will be developmental and corrective, and will incorporate identification, teaching strategies, and resources for dyslexia and other reading disorders. (1) Core requirements specifically designed for secondary grade levels shall include sec.137.191(e)(1) of this title. (2) Methodology requirements shall include sec.137.191(e)(2)(A)-(C) of this title. (3) Field experience requirements shall provide for the application of teaching-learning theories and shall include the following. (A) Pre-student teaching experiences. A planned sequence of not fewer than 45 clock hours in field experiences shall be a prerequisite for admission to student teaching. (i) Pre-student teaching field experiences shall include observing and working with secondary school children in a school or schools accredited or recognized by the Central Education Agency. (ii) Pre-student teaching experiences shall be in the area of the vocational certificate sought. (B) Student teaching. The institution shall provide for each student a student teaching experience involving a period of major responsibility for instruction and learning in the school classroom environment. Student teaching should verify student performance capabilities developed through prior components of the teacher education program. (i) Student teaching shall occur in a school or schools accredited or recognized by the Central Education Agency and shall be designed in compliance with the Texas Education Code, sec.13.906, and this subchapter. (ii) Student teaching shall be a minimum of six semester hours credit earned in no fewer than 10 weeks of full day assignments. (d) Additional requirements for assignment to specialized programs in vocational home economics are described in Chapter 141 of this title (relating to Teacher Certification). (e) Students also planning to qualify for a secondary teaching certificate should complete a secondary, Option II, teaching field and, if taken concurrently, complete 10 weeks of student teaching, with the amount in each field to be determined by the institution. sec.137.198. Vocational Marketing Education Certificates. (a) The vocational marketing education certificate shall be based upon completion of a teacher education program as described in sec.137.191 of this title (relating to Preparation Required in All Programs). (b) Academic preparation and work experience required for the vocational marketing education certificate shall consist of: (1) 48 semester hours (24 semester hours upper-division courses) that include the following: (A) introduction to business; (B) business communication; (C) business law; (D) elementary accounting; (E) statistics; (F) retailing; (G) marketing; (H) principles of management; (I) principles of advertising; and (J) salesmanship; and (2) two years of wage-earning experience approved by the teacher education institution in one or more of the marketing occupations or one year of wage- earning experience in addition to 1, 000 clock hours of employment experience supervised by the approved teacher education institution. (c) The professional development sequence shall require 18 semester hours of upper-division courses in three component areas. No more than nine semester hours, including student teaching, of the professional development sequence may be completed in vocational marketing education courses. Reading, which may be offered beyond the 18 semester hours of professional development courses, must be included. Reading instruction will be developmental and corrective, and will incorporate identification, teaching strategies, and resources for dyslexia and other reading disorders. (1) Core requirements specifically designed for secondary grade levels shall include sec.137.191(e)(1) of this title. (2) Methodology requirements shall include sec.137.191(e)(2)(A)-(C) of this title. (3) Field experience requirements shall provide for the application of teaching-learning theories and include the following. (A) Pre-student teaching experiences. A planned sequence of not fewer than 45 clock hours in field experiences shall be a prerequisite for admission to student teaching. (i) Pre-student teaching field experiences shall include observing and working with secondary school children in a school or schools accredited or recognized by the Central Education Agency. (ii) Pre-student teaching experiences shall be in the area of the vocational certificate sought. (B) Student teaching. The institution shall provide for each student a student teaching experience involving a period of major responsibility for instruction and learning in the school classroom environment. Student teaching should verify student performance capabilities developed through prior components of the teacher education program. (i) Student teaching shall occur in a school or schools accredited or recognized by the Central Education Agency and shall be designed in compliance with the Texas Education Code, sec.13.906, and this subchapter. (ii) Student teaching shall be a minimum of six semester hours credit earned in no fewer than 10 weeks of full day assignments. (d) Additional requirements for assignment to specialized programs in vocational marketing education are described in Chapter 141 of this title (relating to Teacher Certification). (e) Students also planning to qualify for a secondary teaching certificate should complete a secondary, Option II, teaching field and, if taken concurrently, complete 10 weeks of student teaching, with the amount in each field to be determined by the institution. sec.137.199. Endorsements. (a) Classification of endorsements. Endorsements to Texas teacher certificates shall be classified into delivery system areas and special service areas. (b) Requirements for endorsements. Requirements for endorsements shall include the following unless otherwise specified: (1) bachelor's degree from an accredited institution; (2) valid, designated Texas teacher certificate; and (3) completion of approved program requirements for the endorsement sought. (c) Program requirements for endorsement in delivery system areas. (1) Bilingual education. (A) Certificate requirements. The bilingual education endorsement may be added to valid teacher certificates, special education certificates, or vocational certificates that require a college degree. (B) Professional development. The professional development sequence for the bilingual education endorsement shall consist of: (i) 12 semester hours at the graduate or undergraduate level earned after the bachelor's degree in the following areas: (I) language acquisition and development in childhood (psycholinguistics); (II) teaching language arts and reading in the language of the target population; (III) teaching English as a second language, including reading and oral communication; and (IV) teaching mathematics, science, and social studies in the language of the target population; and (ii) one year of successful classroom teaching experience on a permit in an approved bilingual education program. (2) Early childhood education (prekindergarten-kindergarten). (A) Certificate requirements. The early childhood education endorsement may be added to valid elementary teacher certificates, special education certificates, or vocational home economics certificates that require a college degree. (B) Professional development. The professional development sequence for the early childhood education endorsement shall consist of an integrated sequence of 12 semester hours, including: (i) studies of: (I) child development including both normal and exceptional development; (II) communication skills emphasizing oral language development and literacy; (III) cultural diversity of learners and families; (IV) organization of the classroom and management of the learning environment; (V) management of student behavior; (VI) organization of the curriculum and implementation of the essential elements at the appropriate level for the target population; (VII) diagnosis and evaluation of learning needs, affective, cognitive, and motor; and (VIII) parental involvement; and (ii) field experiences, including: (I) preservice or pre-student teaching, including prekindergarten and kindergarten settings that involve a variety of cultural and socioeconomic conditions; and (II) three semester hours of student teaching in prekindergarten and/or kindergarten settings with certified early childhood supervising teachers in a school accredited or recognized by the Central Education Agency, or one year of successful prekindergarten or kindergarten classroom teaching experience in a school accredited or recognized by the Central Education Agency. (3) Early childhood - handicapped. (A) Certificate requirements. The early childhood-handicapped endorsement may be added to a valid Texas elementary certificate, teacher of young children certificate, special education certificate, all-level certificate, vocational home economics certificate that requires a bachelor's degree, or early childhood education or kindergarten endorsement. (B) Professional development. The professional development sequence for the early childhood-handicapped endorsement shall consist of: (i) nine semester hours including, but not limited to, studies of: (I) infant/child development including both normal and exceptional development; (II) communication skills emphasizing oral language development and literacy; (III) cultural diversity of learners and families; (IV) organization of the classroom and management of the learning environment; (V) behavior management; (VI) organization of the curriculum and implementation of the essential elements at the appropriate level; (VII) diagnosis and evaluation of learning needs, affective, cognitive, and motor; and (VIII) parental involvement; (ii) nine semester hours directly related to teaching students (ages 0-eight) with handicaps, including, but not limited to: (I) general orientation to special education; (II) medical aspects of serving young children with handicaps; (III) methods and technology; (IV) transition from infant to early childhood programs; and (V) interagency coordination; and (iii) three semester hours of student teaching with handicapped children ages 0-eight; or one year of successful teaching experience on a permit in an early childhood for the handicapped classroom in a school accredited or recognized by the Central Education Agency. (C) ExCET requirement; Early Childhood (14). (4) Generic special education. (A) Certificate requirements. The generic special education endorsement may be added to any valid Texas elementary, secondary, all-level, special education, or vocational education certificate based on a bachelor's degree. (B) Professional development. The professional development sequence for the generic special education endorsement shall consist of: (i) 18 semester hours directly related to teaching students with handicaps, including, but not limited to: (I) infant/child and adolescent development; (II) task analysis; (III) motor development/adaptive physical education; (IV) parent training; (V) oral language development; (VI) adaptation; modification of instructional methods and materials; (VII) behavior management; (VIII) classroom management; (IX) survey of special education; (X) assessment, diagnosis, and remediation; (XI) vocational, transition, and related secondary issues, such as interagency coordination; (XII) concepts of integration and least restrictive environment; (XIII) consultation techniques; and (XIV) classroom observation; and (ii) three semester hours of student teaching with special education students; or one year of successful experience on a permit working with special education students. (C) ExCET requirement; Generic Special Education (37). (5) Seriously emotionally disturbed and autistic. (A) Certificate requirements. The seriously emotionally disturbed and autistic endorsement may be added to any valid Texas elementary, secondary, all-level, special education, or vocational education certificate based on a bachelor's degree. (B) Professional development. The professional development sequence for the severely emotionally disturbed and autistic endorsement shall consist of: (i) nine semester hours, including, but not limited to, studies of the following (Note: Personnel having a generic special education endorsement or delivery system are exempt from the nine semester hours described in this clause): (I) infant/child and adolescent development; (II) diagnosis and classroom assessment; (III) behavior management; (IV) parent training; (V) consultation procedures; (VI) communication/language development; (VII) classroom management; (VIII) survey of special education; (IX) task analysis; (X) motor development and adaptive physical education; (XI) vocational, transition, and related secondary issues; and (XII) crisis intervention and management of violent behavior; (ii) nine semester hours directly related to teaching the seriously emotionally disturbed and autistic, including, but not limited to: (I) medical aspects; (II) interdisciplinary coordination; (III) curriculum development; (IV) systematic instruction; and (V) classroom observation; and (iii) three semester hours of student teaching with the seriously emotionally disturbed or autistic; or one year of successful experience on a permit teaching the seriously emotionally disturbed or autistic. (C) ExCET requirement: Severely Emotionally Disturbed and Autistic (38). (6) Severely and profoundly handicapped. (A) Certificate requirements. The severely and profoundly handicapped endorsement may be added to any valid Texas elementary, secondary, all-level, special education, or vocational education certificate based on a bachelor's degree. (B) Professional development. The professional development sequence for the severely and profoundly handicapped endorsement shall consist of: (i) nine semester hours, including, but not limited to, studies of the following (Note: Personnel having a generic special education endorsement or delivery system are exempt from the nine semester hours described in this clause): (I) infant/child and adolescent development; (II) task analysis; (III) parent training; (IV) motor development/adaptive physical education; (V) oral language development; (VI) behavior management; (VII) classroom management; (VIII) assessment/diagnosis; (IX) secondary issues such as vocation preparation and transition, such as collaboration with other agencies; (X) crisis intervention and management of violent behavior; (XI) consultation techniques; (XII) concepts of integration and least restrictive environment; and (XIII) use of adaptive/assistance devices; (ii) nine semester hours directly related to teaching the severely and profoundly handicapped, including, but not limited to: (I) medical aspects; (II) interdisciplinary coordination; (III) curriculum development; (IV) systematic instruction; and (V) classroom observation; and (iii) three semester hours of student teaching in an accredited or approved school, agency, or institution, or one year of successful experience on a permit teaching the severely and profoundly handicapped, including, but not limited to, deaf/blind children, in a Central Education Agency accredited or approved school, agency, or institution. (C) ExCET requirement: Severely and Profoundly Handicapped (37). (7) Visually handicapped. (A) Certificate requirement. The visually handicapped endorsement may be added only to special education certificates or to elementary or secondary teacher certificates. (B) Professional development. The professional development sequence for the visually handicapped endorsement shall consist of: (i) 21 semester hours directly related to teaching the visually handicapped that must include, but need not be limited to: (I) physiological, psychological, and social factors of blindness; (II) literary braille (grade II); (III) special braille notations (including nemeth code, braille music, scientific notation, formal and foreign language); (IV) media, materials, and adaptations; (V) methods of instruction (including low vision, orientation and mobility, vocational and career exploration, and multihandicapped); (VI) assessment and programming; (VII) intervention and parent training; and (VIII) survey of exceptional children; and (ii) three semester hours of a practicum working with the visually handicapped; or one year of successful experience on a permit teaching the visually handicapped, and three additional semester hours directly related to teaching the visually handicapped. (C) ExCET requirement: Visually Handicapped. (8) Gifted and talented. (A) Certificate requirement. The all-level gifted and talented endorsement may be added to a valid initial teacher certificate that requires a college degree. (B) Professional development. The professional development sequence for the gifted and talented endorsement shall consist of: (i) 12 semester hours to include, but not limited to, the following areas: (I) nature and needs of the gifted and talented; (II) identification and assessment of gifted and talented students; (III) methods, materials, and curriculum for gifted and talented students; (IV) counseling and guidance of gifted and talented students; and (V) creativity: theories, models, and applications; and (ii) three semester hours of practicum experience or two years of successful classroom teaching experience in a program for gifted and talented students. (d) Program requirements for endorsements in special service areas. (1) Driver education. (A) Certificate requirement. The driver education endorsement may be added to valid teacher certificates, special education certificates, or vocational education certificates that require a college degree. (B) Professional development. The professional development sequence for the driver education endorsement shall consist of six semester hours that may include, but need not be limited to: (i) driver and pedestrian attitudes, capabilities, and responsibilities; (ii) automobile operation and maintenance; (iii) defensive driving procedures; (iv) state motor vehicle laws and city ordinances; (v) street and highway characteristics; and (vi) supervised student teaching in developing driving skills in nondrivers. (C) Additional requirements. Additional certification requirements shall include: (i) valid Texas driver's license; and (ii) driving record for the three-year period immediately preceding application that meets the evaluation standards established for Texas school bus drivers. (2) English as a second language (ESL). (A) Certificate requirement. The ESL endorsement may be added to valid teacher certificates, special education certificates, or vocational education certificates that require a college degree. (B) Professional development. The professional development sequence for the English as a second language endorsement shall consist of: (i) 12 semester hours, including: (I) language acquisition and development (psycholinguistics); (II) methods of teaching English as a second language; and (III) descriptive/contrastive linguistics; and (ii) evidence of a successful student teaching experience in an approved ESL program. The requirement for student teaching may be waived with one year of successful classroom teaching experience on a permit in an approved ESL or bilingual education program. (3) Learning resources. (A) Certificate requirement. The learning resources endorsement may be added to valid teacher certificates, special education certificates, or vocational education certificates that require a college degree. (B) Professional development. The professional development sequence for the learning resources endorsement shall consist of: (i) 18 semester hours (including 12 semester hours of upper-division courses) that include the following areas: (I) selection, evaluation, and acquisition of materials in all formats, including multicultural, multiethnic, and multimedia materials; (II) processing and organization of a unified collection of materials; (III) instructional design and development; (IV) learning resources center organization and administration; (V) local production of instructional materials; (VI) instructional materials for children and young adults and utilization practices including computer hardware and software; and (VII) reference and bibliography; and (ii) three semester hours of a practicum working in a learning resources center. The requirement for three semester hours of a practicum may be waived for students with one year of successful experience on a permit as a full-time public school librarian, and three additional semester hours directly related to learning resources. (4) Information processing technologies. (A) Certification requirement. The information processing technologies endorsement may be added to valid teacher certificates, special education certificates, or vocational education certificates that require a college degree. (B) Professional development, level one. The professional development sequence for the information processing technologies, level one endorsement shall: (i) consist of at least nine semester hours (six semester hours upper- division courses) directly related to information processing; and (ii) include, but not be limited to, the following content: (I) background information concerning information processing technology and its use in education (including at least terminology, applications, ethics, impact on society and education, hardware configurations, future trends, historical development, and basic system architecture); (II) operational skills and familiarity with current information processing tools (including at least tools used for word processing; information storage, retrieval and display; numerical computation, analysis, planning and reporting; transmission of information; graphics production and display; design and manufacturing; and emerging information processing tasks); (III) methodology for instruction in concepts and skills of information processing (including at least strategies for delivery of concepts and skills, mastery evaluation techniques, methods of modifying curriculum for special students, automated management strategies, teaching methods for keyboarding instruction, techniques for evaluation of software and courseware, and facility management and maintenance); and (IV) modern programming with experience in at least one language (including at least experience in solving problems using computer programming; application of a program development cycle; program structure, modular design and style; and in-depth coverage of syntax, format, and common use of one primary high-level programming language). (C) Professional development, level two. The professional development sequence for the information processing technologies, level two endorsement shall: (i) consist of at least 15 semester hours (six semester hours upper-division courses) directly related to information processing; and (ii) include, but not be limited to, the following content: (I) background information concerning information processing technology and its use in education (including at least terminology, applications, ethics, impact on society and education, hardware configurations, future trends, historical development, and basic system architecture); (II) operational skills and familiarity with current information processing tools (including at least tools used for word processing; information storage, retrieval and display, numerical computation, analysis, planning and reporting; transmission of information; graphics production and display; design and manufacturing; and emerging information processing tasks); (III) methodology for instruction in concepts and skills of information processing (including at least strategies for delivery of concepts and skills, mastery evaluation techniques, methods of modifying curriculum for special students, automated management strategies, teaching methods for keyboarding instruction, techniques for evaluation of software and courseware, and facility management and maintenance); (IV) modern programming with experience in at least two languages (including at least experience solving problems using computer programming; application of a program development cycle; program structure, modular design and style; in- depth coverage of syntax, format, and common uses of one primary high-level programming language; and contrast of a second programming language with the first); and (V) technology-based delivery and management of instruction (including at least techniques and concepts of technology-based instruction, systems for automated management of instruction, comprehensive systems, involving both delivery and management, educational applications of artificial intelligence, authoring systems, multitechnology instructional systems, and survey of other promising technology-based systems). This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317871 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Earliest possible date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 Standards For Teacher Education in Texas, 1955 as Amended in 1961 19 TAC sec.sec.137.201-137.205 (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 Texas Education Agency or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeals are proposed under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the State Board of Education to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. sec.137.201. Standard I: Basic Considerations. sec.137.202. Standard II: Preparation of Faculty. sec.137.203. Standard III: Teaching Load. sec.137.204. Standard IV: Student Personnel. sec.137.205. Standard V: The Library. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317885 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Earliest possible date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 Standards For Institutional Approval For Undergraduate Level Teacher Education in Texas-1972 19 TAC sec.sec.137.211-137.216 (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 Texas Education Agency or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeals are proposed under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the State Board of Education to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. sec.137.211. Standard I: General Strengths and Basic Considerations. sec.137.212. Standard II: Curricula for Undergraduate Programs. sec.137.213. Standard III: Faculty for Undergraduate Programs. sec.137.214. Standard IV: Student and Student Development Services. sec.137.215. Standard V: Resources and Facilities for Undergraduate Programs. sec.137.216. Standard VI: Evaluation, Program Review, and Planning. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317886 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Earliest possible date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 Standards For Institutional Approval For Graduate Level Preparation of School Personnel-1972 19 TAC sec.sec.137.231-137.236 (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 Texas Education Agency or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeals are proposed under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the State Board of Education to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. sec.137.231. Standard I: General Strengths and Basic Considerations. sec.137.232. Standard II: Curricula for Graduate Programs. sec.137.233. Standard III: Faculty for Graduate Programs. sec.137.234. Standard IV: Student and Student Development Services. sec.137.235. Standard V: Resources and Facilities for Graduate Programs. sec.137.236. Standard VI: Evaluation, Program Review, and Planning. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317887 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Earliest possible date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 Subchapter H. Alternative Certification of Teachers 19 TAC sec.137.231 The new section is proposed under the Texas Education Code, sec.sec.13. 032- 13.038, 13.049-13.051, and 13.201-13.218, which authorizes the State Board of Education to promulgate rules regarding teacher preparation and certification. The section also provides for the establishment and operation of the Commission on Standards for the Teaching Profession and the Teachers' Professional Practices Commission. sec.137.231. Requirements for the Alternative Certification of Teachers. (a) General provisions. Approval of alternative certification of teachers by the State Board of Education (SBOE) is based on the following requirements. (1) Alternative certification of teachers is to be a local education agency program or a cooperative program between local education agencies and institutions of higher education and delivered through Texas public schools. (2) An individual may be recommended to the commissioner of education by the program administrator and/or the district superintendent for teacher certification based on satisfactory completion of requirements of the approved program. (3) Certificates that may be earned through an alternative certification program include any certificate or endorsement for a teacher that may be earned through the completion of an approved teacher education program for which a bachelor's degree is required. The following additional certificate areas are unique to alternative certification: Grades prekindergarten-six, prekindergarten-six bilingual/English as a second language (ESL), prekindergarten-12 English as a second language, and prekindergarten-12 generic special education. (4) An individual admitted into an alternative teacher certification program that has been approved in accordance with the requirements of this section is issued a probationary certificate that is valid for one calendar year. The probationary certificate may be extended for one additional year only in accordance with provisions set forth in the Texas Education Code, sec.13.306. (b) Requirements for an approved plan. Local education agencies or cooperatives as described in subsection (a)(1) of this section that choose to staff positions via the alternative certification process are required to submit a collaboratively developed plan for approval by the SBOE before implementation. The plan must cover the following. (1) Participating school districts, colleges, or universities must be accredited. (2) The alternative certification program must be developed collaboratively with all the major stakeholders, including teachers in the areas of certification being developed. (3) A committee consisting of the major stakeholders must assist in the design, delivery, and evaluation of the program. (4) The plan must include an approved program budget that indicates commitment to the program through adequate funding. (5) The plan must designate a program administration with adequate, qualified staff to assure appropriate screening; training, as indicated by vitae of personnel delivering this component; and mentorship, as indicated in a ratio of mentors to interns. (6) The plan must include a calendar of program activities for the duration of each school year for which the program is approved. The calendar must include a timeline for accepting candidates into a cycle to assure adequate time for preassignment screening and training, scheduled training for interns, and orientation and training for mentor teachers. (7) The alternative certification plan must include, but need not be limited to, training for the intern in: (A) teaching methods and classroom management; (B) instructional methods and strategies that emphasize practical applications of the teaching learning process; (C) curriculum organization, planning, and evaluation that focus on the curriculum to be taught, especially the essential elements to be included; (D) legal and ethical aspects of teaching, including special responsibilities in recognizing and responding to signs of abuse and neglect in students and to dyslexia and related disorders; (E) knowledge and skills concerning the unique needs of all students, including emphasis on special learners, such as the impact of culture, ethnicity, language, and social differences upon the instructional processes; the characteristics, assessment, least restrictive alternatives, and admission, review, and dismissal processes for students requiring individualized or specialized education programs; characteristics and needs of gifted and talented students, especially at-risk gifted and talented learners; and growth and development of learners; and (F) use of technology in the management and delivery of instruction. (8) The program must include an internship of at least one calendar year under the mentorship of a teacher or teachers in the subject area or areas and/or at the level for which the intern is to be certified. Provisions shall be made for each intern to have scheduled time provided during the internship to observe the teaching of the mentor teacher and/or other teachers and to confer with the mentor teacher. (9) Selection, training, and support for the mentor teacher must include the following. (A) The mentor teacher must have attained level two or higher on the career ladder or have met all minimum requirements for placement on level two of the career ladder. (B) Mentor training must begin before assignment and continue throughout the internship period. The training program includes best practices for supporting and assisting beginning teachers, in addition to any other requirement the collaborative committee designing the program deems appropriate. (C) The mentor teacher must have scheduled time on a periodic, regular basis to observe, coach, and assess the actual teaching of the intern. (10) The program must include preassignment training and a minimum of 20 clock hours of student contact experiences in a classroom setting supervised by the program staff before assignment as a teacher of record. (11) Preassignment screening, including a criminal record review, must be initiated for interns. (12) A procedure must be developed for program monitoring, review, and evaluation. (13) Ongoing counseling, guidance, and remedial preparation must be provided as needed. (14) Follow-up data that attest to program and intern effectiveness must be maintained. (c) Admission, assignment, and certification. Each applicant must meet the following minimum requirements for admission as an intern to the alternative teacher certification program. (1) Each applicant must hold a bachelor's degree or higher degree from an institution of higher education that was accredited or otherwise approved by a state department of education, a recognized governmental entity, or a recognized regional accrediting organization at the time the degree was conferred. Each applicant must have maintained a grade point average of no less than 2.5 on a four-point system on all semester hours attempted and on semester hours required for the certificate as specified in paragraph (3)(A)-(F) of this subsection. (2) Applicants must possess basic skills in mathematics, reading, and writing as evidenced by acceptable scores on the state-mandated basic skills test or its equivalent. (3) Applicants must have appropriate semester hours in a subject or combination of subjects to be taught and related to the certificate to be earned. (A) For Grades six-12 certificate applicants must have 24 semester hours in a subject included in Chapter 75 of this title (relating to Curriculum) for the secondary level of assignment. Twelve semester hours must be upper division. (B) For Grades prekindergarten-six certificate applicants must have 24 semester hours in a combination of subjects taught in the elementary school that must include English, mathematics, a natural science, and a subject in the social studies. (C) For Grades prekindergarten-six bilingual/English as a second language (ESL) certificate applicants must have evidence of oral and written proficiency in the language of the target population for bilingual education assignments and 24 semester hours in a combination of subjects taught in the elementary school that must include English, mathematics, a natural science, and a subject in the social studies. (D) For Grades prekindergarten-12 ESL certificate applicants must have 18 semester hours in English, six of which must be upper division. (E) For Grades prekindergarten-12 generic special education certificate applicants must have 24 semester hours in a combination of subjects taught in the elementary school that must include English, mathematics, a natural science, and a subject in the social studies. (F) Courses that focus on topics closely related to the semester hour requirements listed in subparagraphs (A)-(E) of this paragraph may be accepted for admission to the alternative certification program; however, such substitutions shall not exceed six hours for the Grades six-12 certificate or three semester hours for all other certificates. (4) The following requirements for the certificate must be earned before assignment as a teacher of record. These requirements may be delivered through the following semester hours of course work or through a combination of semester hours and equivalent contact hours. (A) For Grades six-12 certificate applicants must have six semester hours including, but not limited to, reading in the content areas and classroom discipline and management. (B) For Grades prekindergarten-six certificate applicants must have six semester hours including, but not limited to, reading, early childhood- elementary curriculum, and methods. (C) For Grades prekindergarten-six bilingual/ESL certificate applicants must have six semester hours including, but not limited to, foundations of bilingual education, culture (concepts, patterns, contributions) of the target population, language acquisition and development in childhood, bilingual teaching methods (dual language instruction of language arts and reading, mathematics, science, and social studies), and methods of teaching ESL. (D) For Grades prekindergarten-12 ESL certificate applicants must have six semester hours including, but not limited to, awareness of cultural diversity and its effect on the teaching-learning process, language acquisition and development, methods of teaching ESL and applied linguistics. (E) For Grades prekindergarten-12 generic special education certificate applicants must have six semester hours including the concepts of the child- centered process, infant/child development, task analysis, parental involvement, language development, survey of special education, classroom management and organization, behavior management, and development reading. (5) Additional requirements must be completed before certification. These requirements may be delivered through the following semester hours of course work or through a combination of semester hours and equivalent contact hours. (A) For Grades six-12 certificate applicants must complete six additional hours including, but not limited to, the teaching-learning process and secondary teaching methods. (B) For Grades prekindergarten-six certificate applicants must complete six additional semester hours including, but not limited to, reading and early childhood-elementary curriculum and methods. (C) For Grades prekindergarten-six bilingual/ESL certificate applicants must complete six additional semester hours inclusive of topics listed in paragraph (4)(C) of this subsection. (D) For Grades prekindergarten-12 English as a second language certificate applicants must complete six additional semester hours inclusive of topics in paragraph (4)(D) of this subsection. (E) For Grades prekindergarten-12 generic special education certificate applicants must complete six additional semester hours emphasizing child/adolescent psychology, the teaching-learning process, measurement and evaluation, least restrictive alternative, vocational assessment, adaptive devices and adaptive physical education, transition, grading, curriculum adaptations to meet the unique needs of special learners, and reading across the curriculum. (F) Applicants must possess acceptable scores on appropriate state-adopted examination(s) of content knowledge in the teaching field(s) or delivery systems related to the certificate sought and the level of assignment. (G) Applicants must meet full appraisal requirements of the state and the local district in accordance with sec.149.41 of this title (relating to General Provisions). (d) Procedures for approval, review, and reapproval. (1) School districts choosing to staff positions by means of the alternative certification process must direct the program administrator to submit to the commissioner of education, before implementing a program, a collaboratively developed plan that specifies its means of fulfilling requirements for school district plans in accordance with subsections (b) and (c) of this section. (2) The commissioner of education may approve plans for alternative teacher certification. Initial approval of alternative teacher certification plans will not extend more than one year. In subsequent years, after evaluation of the program by the SBOE, plans may be approved for a period not to exceed three years and shall be reviewed annually. (3) The administrator of an approved alternative teacher certification program must submit to the commissioner of education an annual report that includes the names of candidates in the program and other information that may be required, including results of internal monitoring, review, and evaluation of the program. (4) Programs for alternative teacher certification are subject to review by the Texas Education Agency (TEA). (5) Requests for reapproval of alternative teacher certification programs must include the percentage of interns receiving acceptable scores by test on the state-mandated tests for content specialization(s) and at least meets expectations on performance appraisals. The SBOE considers these program results when granting reapproval requests. (e) Alternative certification program options. (1) During the internship, the intern may pursue an additional alternative certificate at the same level of assignment or to additional subject areas at the level of assignment to the certificate by taking the appropriate state- mandated test for certification when the requirements stated in paragraph (3)(A)-(D) are met for the certificate or subject area to be added. (2) If an intern fails to complete all program requirements within the internship year or wishes to add other areas of certification, the superintendent or a designee may apply to retain the intern in the alternative certification program for an additional year. (3) If the sponsor of an alternative certification program chooses not to seek reapproval or the SBOE does not grant a reapproval request, interns currently enrolled in the program are provided an opportunity to complete requirements within a reasonable time. (4) If local conditions prevent the assignment of an intern as a teacher of record as provided in the approved program, the commissioner of education may recognize an alternative teaching assignment at the level and in the area appropriate for the certificate sought that fulfills internship requirements, so long as all requirements for supervision and appraisals are met. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317872 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Proposed date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 Standards For Field Experiences 19 TAC sec.137.251 (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 Texas Education Agency or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeal is proposed under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the State Board of Education to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. sec.137.251. Field Experiences. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317888 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Earliest possible date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 Subchapter I. Standards for Approval of Institutions Offering Graduate Education Programs for Professional Certification 19 TAC sec.sec.137.261-137.271 The new sections are proposed under the Texas Education Code, sec.sec.13. 032- 13.038, 13.049-13.051, and 13.201-13.218, which authorize the State Board of Education to promulgate rules regarding teacher preparation and certification. The sections also provide for the establishment and operation of the Commission on Standards for the Teaching Profession and the Teachers' Professional Practices Commission. sec.137.261. Standard I. Graduate Degree Granting Authority and Accreditation. (a) Standard. The institution shall be authorized by the State of Texas to grant advanced degrees at the level required for approved certificate programs, accredited by the Southern Association of Colleges and Schools, and approved by the Commission on Standards for the Teaching Profession (CSTP). (b) Quality indicators. (1) The institution shall provide documentation of current and continuing authority to grant advanced degrees in the State of Texas. (2) The institution shall provide documentation of current and continuing accreditation by the Southern Association of Colleges and Schools. (3) The institution shall provide documentation of current and continuing approval of programs by the CSTP. Branch institutions, as defined by State Board of Education (SBOE) rule, shall provide separate documentation from that provided by the parent institution. sec.137.262. Standard II. Policy Commitment to Graduate Teacher Education. (a) Standard. The institution shall demonstrate a commitment to graduate teacher education as an institutional objective through policy enactment. (b) Quality indicators. (1) Short and long-range planning documents of the institution shall confirm a commitment to graduate teacher education as an institutional objective. (2) The professional education unit shall be established at an organizational level within the institution that allows it to assume its responsibilities and fulfill its objectives. (3) The administrative head of the professional education unit shall have authority and responsibility comparable to heads of other similar organizational units. (4) The graduate faculty workload policies shall be applied uniformly throughout the institution and shall be consistent with generally accepted practice and with consideration for student teaching supervision loads, practice, and internships in field-based laboratory settings. (5) Each semester the faculty workload for supervisors of student teachers shall facilitate effective and regular supervision and shall not exceed an average of two student teachers per semester hour of workload credit for all supervisors. (6) The class size and structure of professional education courses shall allow for implementation of approved course and program objectives. (7) The faculty evaluation and merit award system, including policies related to tenure, promotion, and salary increments, shall provide for recognition of performance in the full range of professional endeavors, from scholarly activities on campus to innovative and creative field-related activities. (8) The institution shall provide for continuing professional development opportunities for faculty in professional education. sec.137.263. Standard III. Organizational Structure for Graduate Teacher Education. (a) Standard. The institution shall provide, through its organizational structure, a professional education unit with responsibility for the development and leadership of the graduate teacher education programs. (b) Quality indicators. (1) The responsibility for leadership and coordination of graduate teacher education shall be vested in qualified individuals with leadership ability. (A) The head of the professional education unit shall hold an earned doctorate from an accredited institution. (B) The head of the professional education unit shall have at least three years of relevant elementary or secondary school experience. Relevant experience must include a minimum of one year of full-time, full-day classroom teaching and may include other instructionally related roles. (C) The head of the professional education unit shall coordinate the graduate teacher education programs of the institution. (2) Individuals assigned to areas of specialization, teaching fields, certification, and endorsement components of graduate teacher education programs shall have commensurate graduate preparation in the area of assignment. (3) The institution shall provide for cooperative advisement of graduate students between the professional education unit and the academic departments providing instruction in approved areas of specialization, teaching fields, certification, and endorsements. (4) The institution shall provide a procedure for interaction and consultation among faculty in those areas involved with graduate professional preparation. (5) The professional education unit shall provide documentation, including employment opportunities, as evidence of educational need for all proposed graduate level certificate programs at the time the proposal is submitted for approval to the Commission on Standards for the Teaching Profession (CSTP). (6) The professional education unit, following the formal review process of the institution, shall be responsible for approving and submitting graduate program proposals to the CSTP for approval. (7) The institution shall place the responsibility for recommendations for certification with the head of the professional education unit. (8) When appropriate, and with the approval of the commissioner of education, an institution may deviate from the standards concerning teaching experience by justifying a faculty member's assignment in terms of experience, preparation, and eminence. sec.137.264. Standard IV. Professional Education Unit. (a) Standard. The institution shall provide a professional education unit with responsibility for the institution's graduate teacher education program. (b) Quality indicators. (1) The professional education unit (school, college, division, or department) shall be responsible for initiating, implementing, and evaluating the graduate teacher education program based upon advice from the academic discipline faculty, the professional education faculty, public school personnel, and learned societies. (2) The administrative head (dean of education, chairman of education, or director of teacher education) shall direct and coordinate the graduate teacher education program of the institution. (3) The professional education unit shall be responsible for the coordination of advisement activities for graduate students preparing for certification as educators. (4) The professional education unit shall be identifiable in the institutional budget, which shall provide for an administrative head, faculty and staff salaries, faculty development, maintenance and operating costs, travel, instructional services, and other support functions for teacher education. (5) The professional education unit shall be responsible for the organization of the local cooperative teacher education center in accordance with Subchapter D of this chapter (relating to Local Cooperative Teacher Education Centers) and the Texas Education Code, sec.11.311. sec.137.265. Standard V. Graduate Program and Curriculum Characteristics. (a) Standard. The institution shall provide graduate programs and curricula that include at least the following dimensions: (1) content for teaching specialty or professional assignment; (2) relevant theory from supporting disciplines; (3) practical experience appropriate to the certificate; and (4) development of applicable research skills. (b) Quality indicators. (1) The graduate level professional preparation programs in education shall include work that is characteristic of and comparable to graduate study in other professional programs of the institution. (A) The curriculum shall integrate studies in theory from disciplines relevant to the professional role for which students are being prepared. (B) The curriculum shall include research methodology applicable to the field of professional preparation. (2) Each graduate level preparation program shall include advanced study in the content of certification areas or teaching specialty fields for which students are being prepared or in which they are renewing certificates. (A) The institution shall require for each major at least 18 semester hours of courses that are open only to graduate students. (B) All courses in an approved graduate level certificate program shall be offered at least once every three years. (3) Each graduate level professional preparation program shall include appropriate practical experience in the certification area. (A) The curriculum shall include appropriate laboratory, clinical, and field experiences through which students conceptualize principles and interpret their application to practical problems. (B) Practice, internships, and similar field experiences shall be provided in graduate professional preparation programs. (4) Each graduate professional preparation program shall include studies of the multicultural character of American society with emphasis on working with the various types of students in the Texas school population. (5) The institution shall offer graduate majors in at least two disciplines other than professional education. (6) All programs in the graduate teacher education curricula shall be developed from stated goals and objectives that reflect an awareness of the recommendations of practicing professionals and learned societies. (7) All proposed programs submitted to the Commission on Standards for the Teaching Profession (CSTP) shall be accompanied by documentation of review by the local cooperative teacher education center. (8) The institution shall have a policy statement that places a time limitation on the counting of courses for graduate degree credit. (9) Candidates for graduate degrees shall be required to demonstrate proficiency through a comprehensive examination or equivalent culminating experience. (10) Candidates recommended for certification shall be required to show satisfactory performance on a comprehensive examination in each certificate area as required by the State Board of Education (SBOE). sec.137.266. Standard VI. Characteristics of Graduate Teacher Education Faculty. (a) Standard. The institution shall provide a sufficient number of faculty members who have appropriate preparation and experience to support the graduate professional preparation programs for which the institution is approved. (b) Quality indicators. (1) Faculty members shall possess documented subject matter expertise in one or more academic fields of specialization or areas of assignment. (2) Documentation of demonstrated ability to teach effectively shall be accessible to accreditation teams for each member of the teaching faculty participating in teacher education programs. (3) Each area of graduate professional preparation shall have sufficient full- time faculty members to ensure student contact with a variety of viewpoints in a field of study. (4) Each faculty member teaching graduate courses contributing to an area of professional preparation shall hold an earned doctorate or equivalent in that area from an accredited institution. (5) The majority of the full-time graduate education faculty and all teachers of education methods courses in the professional education unit shall have certification or the equivalent and at least three years of elementary or secondary experience in the teaching field for which graduates are being prepared. (6) Each graduate faculty member who teaches a professional education course shall maintain a minimum of 90 clock hours of involvement in field situations with accredited schools every seven years. (7) The institution shall provide appropriate and continuing professional development activities for graduate faculty in the professional education unit. (8) When appropriate, and with the approval of the commissioner of education, an institution may deviate from the standards concerning teaching experience by justifying a faculty member's assignment in terms of experience, preparation, and eminence. sec.137.267. Standard VII. Graduate Student Development Services. (a) Standard. The institution shall provide student services that are responsive to the unique needs of graduate student populations who will be recommended for admission, retention, certification, or endorsement. (b) Quality indicators. (1) The institution shall publish and disseminate the minimum acceptable scores as established by the State Board of Education (SBOE) on the state- adopted competency examinations required for certification in the areas of graduate teacher preparation for which the institution is approved. An institution that requires a score exceeding the minimum score established by the SBOE shall publish and disseminate the fact that the score required by the institution exceeds the state minimum requirements. (2) The institution shall publish and disseminate specific policies to govern admission to and retention of students in graduate education programs. (3) The graduate admission policies shall include the following. (A) Each student shall hold a baccalaureate or graduate degree from an accredited institution. (B) Each student shall have a minimum overall grade point average of 2.5 on a four-point scale or the equivalent. (C) Each student shall submit a transcript with evidence of sufficient prerequisites for the program or shall have an approved plan for removing deficiencies. (4) Graduate admission policies for professional education shall be comparable to those of other graduate programs in the institution. (5) Graduate degree programs leading to certification shall: (A) require students to complete a residence requirement; and (B) require students to have at least a 3.0 average on a four-point scale or the equivalent on all graduate work attempted. (6) Candidates recommended for graduate level certification shall be required to show satisfactory performance on a comprehensive examination in each certificate area as required by the SBOE. (7) The institution shall evaluate and accept transferred graduate credits in accordance with published institutional policies. The only credits and degrees acceptable for certification of all educators are those earned and conferred by institutions of higher education that at such time were accredited or otherwise approved by a state department of education, a recognized governmental organization, or a recognized regional accrediting organization. (8) The institution shall grant graduate credit for independent studies in accordance with published institutional policies. (9) The institution shall provide counseling and advisement to assist graduate students in the professional preparation program. (A) Counseling and advisement shall be administered and coordinated by the professional education faculty. (B) Counseling and advisement shall include procedures for appraisal of personal potential, diagnosis of needs, and direction of students into other fields of study when advisable. (C) The institution shall have an information system that provides current data on student performance and progress for counseling and advising. (10) The institution shall provide placement services to assist graduate students seeking professional placement. (A) The institution shall list professional positions known to be currently available. (B) The institution shall make available to school districts on request information about the qualifications and potential of teacher education graduates. (C) The institution shall provide opportunities for employers to interview students on campus. sec.137.268. Standard VIII. Facilities and Resources for Graduate Teacher Education. (a) Standard. The institution shall provide and maintain accessibility to physical facilities and learning resources necessary to achieve the objectives of its graduate teacher education programs. (b) Quality indicators. (1) The physical facilities shall meet the operational requirements of the objectives of the graduate professional preparation programs. (2) The physical facilities provided for the professional education unit shall be comparable in quality and appropriateness to those provided by the institution for other areas of professional study. (3) The physical facilities for programs and faculty shall facilitate professional communication. (4) Specialized facilities, such as clinics and laboratories, shall be provided and equipped as required for each program area for which the institution is approved. (5) Instructional media in multiple formats shall be provided for faculty and students. (6) Facilities, equipment, and materials for the preparation of instructional media shall be provided as required for instruction and research for each program area for which the institution is approved. (7) The graduate library shall provide current, quality resources and materials substantially in excess of those required for initial certification program standards. (8) The library shall be accessible to faculty and students on a regular, scheduled basis. sec.137.269. Standard IX. Financial Support for Graduate Teacher Education. (a) Standard. The institution shall provide financial support for sustaining approved graduate programs for professional education at an effective level. (b) Quality indicators. (1) The allocation of financial resources to graduate teacher education programs and support operations shall be a clearly defined written process and shall include budgetary components for administration, faculty and staff salaries, maintenance and operating costs, travel, instructional services, and other support functions. (2) Professional education representatives shall participate in the institution's allocation process, its review, and continuing development. (3) Requests for allocations of financial resources for graduate teacher education programs and authority for expenditure of the resources allocated to the professional education unit shall be the responsibility of the administrative head of that unit. (4) Funds allocated and expended for graduate teacher education programs shall be adequate and be based on factors that must include, but need not be limited to, the following: (A) college or university and program enrollments; (B) program productivity and school needs served; (C) special operation and support needs of graduate teacher education programs, including supervisory travel, participation in professional meetings, clerical assistance, and professional service activities; (D) laboratory and field settings required by the type, size, and unique needs of approved graduate programs; and (E) level of developmental support provided for program innovation, assessment of program relevance to school needs, and program quality improvement. (5) The institution shall have a systematic process that requires internal budgetary and fiscal responsibility. sec.137.270. Standard X. Collaborative Planning and Review Processes. (a) Standard. The institution shall provide a process for collaborative planning and review of teacher education programs. (b) Quality indicators. (1) The planning and review process for teacher education programs shall involve representatives of the practicing profession, including public school teachers and administrators, faculties in professional education and academic discipline areas for which the institution is approved, and students and graduates of the program. (2) The institution shall maintain active membership in a local cooperative teacher education center in accordance with Subchapter D of this chapter (relating to Local Cooperative Teacher Education Centers) and the Texas Education Code, sec.11.311. (3) The institution shall provide for internal collaborative review and advisement regarding teacher education programs, that involves faculty representation from approved programs and students enrolled in the graduate professional preparation programs. sec.137.271. Standard XI. Evaluation for Quality Control of Graduate Programs. (a) Standard. The institution shall have a process for evaluating its teacher education organizational and policy structure, administrative processes, financial support, faculty performance, student services, programs and curriculum, facilities and resources, collaborative activities, and evaluative systems. (b) Quality indicators. (1) The evaluation process shall include a procedure for collecting information from faculty, students, public school educators, graduates, and others concerning the graduate preparation program. (2) The institution shall provide for a continuous and systematic process of follow-up and evaluation of its teacher education graduates. (3) The continuous planning, review, and development of the graduate preparation programs shall respond to needs identified through the evaluation process. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317873 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Proposed date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 Subchapter I. Program Requirements For Preparation of School Personnel: Standard VII-Instructional Patterns Teacher Education Programs at the Undergraduate Level 19 TAC sec.137.271 (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 Texas Education Agency or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeal is proposed under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the State Board of Education to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. sec.137.271. Preparation Required in All Programs. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317889 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Earliest possible date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 Preparation in Areas of Specialization 19 TAC sec.sec.137.281-137.285 (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 Texas Education Agency or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeals are proposed under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the State Board of Education to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. sec.137.281. Elementary Provisional Certificates (Grades One-Eight). sec.137.282. Life-Earth Middle School (Grades Six-Eight and Seven-Eight) Science. sec.137.283. Secondary Provisional Certificates (Grades Seven-12). sec.137.284. Preparation for Teaching in Junior High Schools, Grades Six-10. sec.137.285. Preparation for Teachers of Special Subjects (for All Grades). This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317890 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Earliest possible date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 Special Service Position or Area Provided in the Minimum Foundation Program Act 19 TAC sec.sec.137.291-137.297 (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 Texas Education Agency or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeals are proposed under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the State Board of Education to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. sec.137.291. General Provisions. sec.137.292. Texas Teacher Education Program for All-Level Learning Resources Specialist. sec.137.293. Teachers of Exceptional Children. sec.137.294. Teacher Certification Standards in Special Education. sec.137.295. Teacher Certification Standards for Driver Education. sec.137.296. Requirements for Persons with Bachelor's Degrees Seeking Certification as a Classroom Teacher. sec.137.297. Requirements for Persons Certified to Teach in Texas Seeking Additional Endorsements. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317891 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Earliest possible date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 Requirements For Selected Persons With Bachelor's Degrees Seeking Certification as a Classroom Teacher Through Special Accelerated Programs (House Bill 664, "The Jamison Bill") 19 TAC sec.sec.137.301-137.304 (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 Texas Education Agency or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeals are proposed under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the State Board of Education to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. sec.137.301. Eligibility of Candidate. sec.137.302. Application Procedures for Candidate. sec.137.303. Institutional Appraisal and Evaluation. sec.137.304. Program(s) of Preparation. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317892 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Earliest possible date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 Vocational Education 19 TAC sec.sec.137.311-137.315 (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 Texas Education Agency or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeals are proposed under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the State Board of Education to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. sec.137.311. Policies for Issuance of Vocational Certificate. sec.137.312. Content Courses Required. sec.137.313. Specialized Professional Development. sec.137.314. Additional Requirements for Agriculture Faculty. sec.137.315. Requirements for Vocational Supervisors and Counselors. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317893 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Earliest possible date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 Subchapter J. Graduate Education Programs for Professional Certification 19 TAC sec.sec.137.301-137.318 The new sections are proposed under the Texas Education Code, sec.sec.13. 032- 13.038, 13.049-13.051, and 13.201-13.218, which authorize the State Board of Education to promulgate rules regarding teacher preparation and certification. The sections also provide for the establishment and operation of the Commission on Standards for the Teaching Profession and the Teachers' Professional Practices Commission. sec.137.301. Program Requirements for Master's Degree. (a) The candidate must complete from 24 to 36 semester hours of graduate courses with an average grade of B or better. In a program in which a thesis is required, the candidate shall complete at least 24 semester hours of courses exclusive of the thesis. In a program in which no thesis is required, the candidate shall complete a minimum of 36 semester hours of courses. At least half the courses in the student's program shall be graduate level. Institutions that have established policies and procedures for carefully selecting advanced undergraduate courses appropriate for graduate instruction may use such courses for the program. (b) An institution shall not offer a master's degree unless it can establish authentic graduate majors in at least three departments. An institution must offer at least 18 semester hours of graduate courses in each major. All such courses shall be offered within a three-year period. (c) Each approved institution shall have a policy statement and procedures restricting the length of time after a course is completed during which the course may be counted toward graduate degree credit. (d) A residence of one academic year or the equivalent in summer sessions is required. (e) The institution shall establish a systematic plan to assure that each candidate for the master's degree has successfully proved his or her ability to accomplish graduate level study. (f) A comprehensive written or oral examination or both shall be passed by the candidate covering at least the major field and the thesis if one is required. (g) To encourage extensive reading, independent thinking, and appropriate individual research, the graduate student load shall be lower than the normal undergraduate load. (h) All policies affecting graduate curricula and work leading to graduate degrees shall be formulated by a single responsible agency of the institution. (i) Cooperative programs among colleges shall be encouraged and shall be approved on the same basis as programs in individual institutions. (j) The revised standards for professional certificate programs became effective September 1, 1965. sec.137.302. Credits by Transfer, Extension Study, or Correspondence. Credit not exceeding six semester hours obtained in a recognized institution other than the one offering the graduate program may be transferred and applied toward the master's degree, provided the work offered for transfer was graduate level and the transferred credit does not reduce the minimum residence requirement of one academic year. Credit not exceeding six semester hours may be accepted for extension study, but the credit may not be applied to reduce the on-campus residence requirement. Credit toward a master's degree may not be earned for extension study if the master's program requires only the minimum of 24 semester hours of courses. No more than nine semester hours may be accepted from extension and transferred credits combined. No credits toward a graduate degree may be earned by correspondence study. sec.137.303. Planned Program of Preparation. (a) The planned program of preparation shall provide for the following: (1) responsible direction and coordination of efforts in all professional programs by the head of the college, school, division, or department of education; (2) representation in program planning by faculty groups that participate in the professional program; (3) faculty understanding of the curriculum organization and current problems of the public schools through faculty selection and by providing means for frequent contacts with public school programs; (4) advisory participation in program planning of experienced teachers, administrators, and special service personnel in the public schools; (5) adequate procedures for selecting, admitting, retaining, and guiding applicants who have the aptitudes considered necessary and desirable for a professional certificate; (6) flexibility in adapting the planned program to the individual student based on the student's characteristics and background experience; (7) procedures for recommending certification that involve action by the professional education faculty and the departments responsible for subject preparation; and (8) continuous evaluation and revision of the professional programs. (b) The program is designed to increase the applicant's professional competence and knowledge of the subject matter above the levels required for the provisional certificate. The applicant shall hold or be eligible for a provisional certificate before being considered for admission into a professional program. The applicant shall have three years of teaching experience before being considered for recommendation for the professional certificate. (1) The instruction shall be geared to the maturity and experience of the postgraduate student. (2) The professional program shall require the completion of 30 semester hours of work creditable toward a graduate degree. At least 18 semester hours of the program must be graduate level courses. (3) In planning programs for elementary and secondary teachers, the college shall ensure that students receive a broad foundation of knowledge and that one or more areas of learning are developed in depth. (4) Courses outside the major field shall count toward certification, provided they assist in the development of a closely related area. (5) Although courses completed in undergraduate study are not normally creditable toward a professional certificate, such work may be taken as a part of the resource area requirement used to qualify a person for an area of specialization or an additional teaching field applicable on the provisional certificate. (6) The applicant's understanding of and ability to do research shall be a requirement for graduation from a professional program. (c) The program shall be adequately staffed to assure individual attention and an advanced level of specialized study. (1) Faculty selected for graduate instruction shall have demonstrable interest in research, a record of achievement in and mastery of a particular area of knowledge, and an intense interest in and competence for graduate level instruction. (2) The faculty members offering work in each specialization area (e.g. secondary, superintendent, counselor, etc.) shall be especially well-qualified by preparation and experience in the specialization area. (3) In each specialization area offered in the professional program, at least one faculty member shall hold a doctor's degree in the appropriate area of preparation. (4) The total teaching load of graduate faculty members shall accommodate the demands of graduate level work, including individual guidance of and conferences with students, instruction of small groups, and direction of projects and research. (d) The approved professional program shall be supported by related graduate programs in areas outside the educational field. These related graduate programs shall offer an adequate number of courses restricted to graduate students to provide the necessary breadth and depth of knowledge in the subject matter. (e) The institution shall be prepared to demonstrate the integrity of its professional program. (1) Evening or afternoon classes shall be equivalent to courses offered at other times during regular sessions of the school year and require library and laboratory assignments to maintain high standards. (2) Extension courses shall be offered only at sites that offer resources equivalent to those on the institution's campus. (3) Programs conducted in part during summer sessions shall be of the same quality in instructional staff, level of teaching, and content as courses of study conducted during the regular academic year. A substantial portion of faculty members used during summer sessions shall be faculty members regularly employed by the institution. (4) Minimum residence: a residence of one academic year or the equivalent in summer sessions is required. In graduate programs that require a thesis, at least 24 semester hours of credit required for the master's degree shall be earned in residence at the institution conferring the degree. For programs that require 36 semester hours of credit but do not require a thesis, at least 27 semester hours must be earned in residence. (5) Each student admitted to a professional certificate program must hold a provisional certificate and a bachelor's degree from a college recognized by a state or regional accrediting agency. For full admission, the applicant shall present his or her transcript showing satisfactory undergraduate preparation for the field(s) in which he or she plans to specialize. Applicants for admission to the professional certificate program shall have attained at least a C+ grade point average (2.5 on a scale with A equal to 4.0) over the entire undergraduate program. Scores on a standardized test determined to be appropriate by the intitution may be used to supplement the academic record. The applicant shall file an official application approved by the department of education for admission to the professional certificate program. (6) The candidate must complete 30 semester hours of the approved program for the professional certificate with an average grade of B or better. (f) To encourage extensive reading, independent thinking, and appropriate individual research, the graduate student load shall be lower than the normal undergraduate load. (g) Standards for professional certificate programs for teachers became effective September 1, 1965. (h) Fields for professional certificate programs include: (1) all-level; (2) elementary; and (3) secondary. (i) Professional certificate programs shall consider the undergraduate provisional program(s) completed by the applicant. The following requirements are applicable in addition to the undergraduate criteria and the general requirements for the professional programs. The professional teacher's certificate shall consist of 30 semester hours and include the following. (1) The specialization area shall consist of 12 semester hours of graduate courses in a subject included in the public school curriculum in which the student has at least 24 semester hours of undergraduate credit in a program for secondary teachers, or 18 semester hours in a program for elementary teachers. Elementary teachers may choose 12 semester hours in a combination of subjects. (2) The professional development area shall consist of six semester hours of graduate courses in professional development that are designed to increase the efficiency of the public school teacher. (3) The resource area shall consist of six semester hours of courses that provide background for the specialization area, or courses chosen to extend the applicant's preparation in a subject matter field other than his or her specialization. For elementary teachers, this may include courses in elementary content. sec.137.304. Professional Administrator's Certificates. (a) Certificate requirements. The professional certificate for a school administrator or the professional certificate for a school superintendent shall be a document issued to a person who: (1) holds the provisional teacher certificate; (2) holds a master's degree; (3) has had a minimum of two years creditable classroom teaching experience; (4) has completed an approved administrative internship; and (5) has completed an approved program design for meeting the requirements of the certification desired. (b) Certificate programs. The program for the professional certificate for school administrators (all positions other than the superintendency) shall total 45 semester hours of graduate credit. The program for the professional certificate for school superintendents shall total 60 semester hours of graduate credit. (1) Common core for administrator and superintendent. (A) The program shall include 15-18 semester hours of graduate credit in courses open only to graduate students that are designed to develop general administrative competence in and understanding of administrative theory and practice, curriculum theory and instructional supervision, school law and business management, and the administration of special and compensatory education. (B) The program shall also include 9-12 semester hours of advanced credit earned after the baccalaureate degree in academic areas of study such as sociology, anthropology, psychology, business administration, economics, or computer science to provide breadth and understanding of the role of the professional administrator. (2) Specialized preparation for school administrators. The program shall include 15-18 semester hours of graduate credit in courses open only to graduate students in areas of competence that are designed either for the position of principal or central administrator. Each program for the preparation of the school principal shall include elements designed to provide competence in administering special education, reading, career education, and vocational- technical education. (3) Specialized preparation for school superintendent. The program shall consist of 15 additional hours of graduate credit in courses open only to graduate students in areas of competence that are designed for the position of superintendent. Each program for the preparation of the school superintendent shall include elements designed to provide competence in administering special education, career education, and vocational-technical education. (4) Internship. The program shall include three to six semester hours of graduate credit in courses open only to graduate students in an approved internship. (c) Design of certificate programs. Within the program, an institution may provide courses, experiences, equivalencies, competence identification, and performance assessment to ascertain the completion of the approved program. The design of the program would emphasize the following: (1) administrative core; (2) specialized preparation for principal or central administrator, including: (A) specialized superintendent; (B) specialized principal or central administrator; and (C) core; and (3) specialized preparation for superintendent. sec.137.305. Temporary Certificate. (a) Available temporary certificates. Temporary certificates for school administrators are available for the following positions: (1) assistant principal; (2) principal; and (3) superintendent. (b) Certificate requirements. The appropriate temporary certificate shall be issued upon the recommendation of a college or university to a person meeting the following requirements. (1) Assistant principal. The individual must: (A) hold a bachelor's degree; (B) hold a provisional teacher certificate; (C) have completed two years of creditable classroom teaching experience; (D) have completed a minimum of 12 graduate hours of the common administrative core required for the professional administrator's certificate; (E) be admitted to the professional administrator's program of the institution recommending him or her. (2) Principal. The individual must: (A) hold a master's degree; (B) hold a provisional teacher certificate; (C) have completed two years of creditable classroom teaching experience; (D) have completed a minimum of 12 graduate hours of the required common core for administrators in the courses designed to develop general administrative competence and understanding; (E) be admitted to the professional administrator's program of the institution recommending him or her. (3) Superintendent. The individual must: (A) hold a professional administrator's certificate; (B) be admitted to the professional superintendent's program of the institution recommending him. (c) Certificate validity. (1) Each temporary certificate is valid for a period of five years. (2) The temporary certificate is nonrenewable. (d) Effective dates. These temporary certification standards are to be optional September 1, 1972, and become mandatory no later than September 1, 1977. sec.137.306. Supervisor. These specific requirements are applicable in addition to the undergraduate criteria outlined in Subchapter G of this chapter (relating to 1987 Program Requirements for Preparation of School Personnel for Initial Certificates and Endorsements): (1) Leadership for instructional improvement (at least nine semester hours). This area provides the knowledge, skills, and techniques necessary for effective leadership in instructional improvement. An understanding of the supervisory role as an aid to instruction shall be developed. (2) Resource areas (at least 21 semester hours). (A) The college or university shall help the prospective supervisor achieve a balanced program of teacher education by giving attention to related resource areas. The amount of emphasis given to an area shall depend on the student's undergraduate preparation and experience. (B) These advanced level studies are not necessarily represented by a sequence of semester hour courses. They are planned programs to meet the needs of the individual student. (C) Upon completion of the professional program, the prospective supervisor shall have developed an understanding of learning processes. He or she shall be able to apply this knowledge to help each school child realize his or her potential. (D) Also, the prospective supervisor shall have developed a deeper understanding of the instructional program through intensive study of the content, methods, and techniques of instruction; organization of the instructional program; the selection, development, and use of materials for instruction; and the demands of various teaching situations. sec.137.307. Counselor. These specific requirements are applicable in addition to the undergraduate criteria outlined in Subchapter G of this chapter (relating to 1987 Program Requirements for Preparation of School Personnel for Initial Certificates and Endorsements): (1) the guidance program (at least three semester hours). This area provides an understanding of the principles, philosophy, organization, and services of the guidance program; (2) the pupil served (at least six semester hours). This area is devoted to intensive study that develops an understanding of the physical, intellectual, social, and emotional development of children and youth, and the influences of the school program on development; (3) resource areas (at least 21 semester hours). (A) The college or university shall help the prospective counselor achieve a balanced program of teacher education by giving attention to related resource areas. The amount of emphasis given to an area shall depend on the student's undergraduate preparation and experience. (B) These advanced level studies are not necessarily represented by a sequence of semester hour courses. They are planned programs to meet the needs of the individual student. They are intended to ensure professional competence. (C) Upon completion of the professional program, the prospective counselor shall have developed skills in guidance techniques that assure an ability to use the instruments of measurement and evaluation necessary for understanding, appraising, and counseling individuals and groups. The student shall be skilled in the use of occupational and educational information and materials appropriate for the guidance of youths. Also, the student shall have developed, through study and supervised practice, an ability to work with groups of youths and adults and to counsel with individuals. sec.137.308. Visiting Teacher.
                    These specific requirements are applicable in addition to the undergraduate criteria outlined in Subchapter G of this chapter (relating to 1987 Program Requirements for Preparation of School Personnel for Initial Certificates and Endorsements). (1) The certificate. The visiting teacher certificate shall be a document other than the teacher's certificate and require at least 36 semester hours beyond the bachelor's degree. The program shall include a provisional teacher's certificate and a minimum of three years of successful teaching experience or three years of successful experience in an approved social welfare agency. The certificate for visiting teachers shall cover the assignment of personnel to both the elementary and the secondary schools. (2) Special assignment permit. The special assignment permit became available beginning with the 1971-1972 school year. The special assignment permit may be issued and renewed annually for three scholastic years subject to the completion each year of at least six semester hours of courses leading to the visiting teacher certificate. A special assignment permit for a visiting teacher is available only upon the request of an employing superintendent for a person who: (A) has a bachelor's degree from an accredited college or university; (B) has a provisional teaching certificate; (C) has a minimum of three years of successful and creditable teaching experience or three years of successful experience in an approved social welfare agency; (D) has completed a minimum of 15 semester hours of courses in the social or behavioral sciences, six of which must be in the work required of visiting teachers in the specialization area. (3) The program. (A) The certificate for a program for the preparation of visiting teachers shall include: (i) a provisional teacher's certificate; (ii) three years of successful and creditable teaching experience in an approved school or three years in an approved social welfare agency; (iii) the completion of the 36 semester hour program for the visiting teacher certificate. (B) The program for the visiting teacher certificate shall include at least 36 semester hours of courses beyond the bachelor's degree, 18 of which must be exclusively graduate level. (C) The institution shall be responsible for establishing the sequence of coursework, that shall include the following areas. (i) Professional education area (at least three semester hours). A course or courses dealing with principles, issues, social forces, and trends affecting the organization and administration of public schools shall include the fundamental principles of educational administration and the delineation of issues. Analysis shall be made of social forces and trends affecting the organization and administration of public schools. (ii) Specialization area (at least 21 semester hours). Specialization shall be in courses dealing with the following: (I) normal growth of the individual from prenatal period to old age, and the somatic, emotional, and cultural factors influencing behavior at different age levels and abnormal developments; (II) study of the theories and techniques of casework or guidance in assisting individuals with their problems; (III) a review of social psychological theory and analysis of human behavior in social settings; (IV) techniques and principles of working with groups for educational, therapeutic, or self-help purposes; (V) the nature of health and welfare resources, both public and private, that exist on the community level (including an analysis of strengths and weaknesses of existing resources); (VI) analysis of community organization process and methods of determining and meeting needs; skills and techniques needed in order to manage problems of change as they affect public schools. Practical experiences will be developed for courses dealing with the dynamics of the individual, group, and community; and (VII) presentation of knowledge about tests and measurement, and research techniques, practices, and terminology, to help the student understand test results and use research reports. (iii) Resource area (at least 12 semester hours). This area shall be used to strengthen the specialization or professional education components of the student's learning experience. sec.137.309. School Nurse.
                      These specific requirements are applicable in addition to the undergraduate criteria outlined in Subchapter G of this chapter (relating to 1987 Program Requirements for Preparation of School Personnel for Initial Certificates and Endorsements). (1) The school health program (at least six semester hours). This area shall develop an understanding of the school health program and the successful techniques used. (2) Resource areas (at least 24 semester hours). (A) The college or university shall help the prospective school nurse achieve a balanced program of teacher education by giving attention to related resource areas. The amount of emphasis given to an area shall depend on the student's undergraduate preparation and experience. (B) These advanced level studies are not necessarily represented by a sequence of semester hour courses. They are planned programs to meet the needs of the individual student. They are intended to ensure professional competence. (C) Upon completion of the professional teacher education program, the school nurse shall have developed a knowledge of the instructional program of public schools, the various community health services and techniques for integrating community services with the school program, child and adolescent development, and education of the exceptional child. (D) If the requirements for completing the bachelor's degree did not advance the technical knowledge of nursing, then this shall be accomplished. sec.137.310. Reading Specialist.
                        A professional reading specialist certificate is issued upon completion of the following requirements. (1) The certificate shall be based on a provisional elementary, junior high, or high school certificate that was issued on the basis of a baccalaureate degree program. (2) The individual to whom the certificate is issued shall have completed three years of classroom teaching. (3) The program for the certificate includes the following: (A) a minimum of 12 semester hours of graduate work in reading, including the following suggested areas: foundations of reading; diagnosis and correction of reading disabilities, including dyslexia; and clinical or laboratory practicum in reading; (B) a resource area of at least six semester hours, including multicultural concepts and linguistics; (C) a professional education area of at least six semester hours. (Individuals holding provisional certification at the elementary level are required to have completed at least six semester hours in the study of the junior high and/or high school age pupil and in the study of working with pupils at the secondary level. Individuals holding provisional certification at the junior high and/or high school level are required to have completed at least six semester hours in the study of the elementary school pupil and in the study of working with pupils at this level); and (D) electives as needed to complete the master's degree. sec.137.311. Learning Resources Specialist. (a) All-level professional certificate for the learning resources specialist. Qualifications for the all-level learning resources specialist certificate include the following: (1) a bachelor's degree from an accredited institution; (2) a valid Texas teacher's certificate; (3) a basic understanding of multicultural and multiethnic elements in society; and (4) the recommendation by an accredited institution of a person who has completed the following: (A) an approved program of not less than 36 semester hours, of which 27 semester hours shall be graduate level; and (B) a minimum of three years of successful teaching experience. (b) All-level learning resources endorsement. Qualifications for the all-level learning resources endorsement include the following: (1) a bachelor's degree from an accredited institution; (2) a valid Texas teacher's certificate; (3) a basic understanding of multicultural and multiethnic elements in society; and (4) the recommendation of an accredited institution to a person who has completed the 21 semester hours in the specialization area, including the practicum, in an approved program. (c) Equivalency provision for assignment. (1) Anyone who currently holds the provisional or the professional librarian certificate or who had completed such certificate programs by August 31, 1979, in fulfillment of the requirements for assignment as a librarian under the Texas Public School Finance Plan (House Bill 1126, 64th Legislature) shall be deemed automatically to have, for assignment purposes, the equivalent of: (A) the learning resources endorsement based upon the provisional librarian certificate; or (B) the learning resources specialist certificate based upon the professional librarian certificate. (2) No application or overt action is necessary to obtain the equivalency status. (d) The program for the learning resources specialist. The program for the all-level learning resources specialist certificate shall include at least 36 semester hours of courses beyond the bachelor's degree, 27 of which shall be graduate level. The program shall also include the following. (1) Specialization area. This area shall consist of a minimum of 21 semester hours, at least 12 of which shall be graduate level and three of which shall be a practicum; or 21 semester hours and one year of experience as a full-time public school librarian. This 21 semester hour block shall develop competence in: (A) selecting, evaluating, and acquiring materials in all formats, including multicultural and multiethnic materials; (B) processing and organizing a unified collection of materials; (C) instructional design and development; (D) organizing and administering a learning resources center; (E) local production of instructional materials; (F) knowing and using materials for children and young adults; and (G) reference and bibliography. (2) Resource area. This area shall consist of a minimum of six semester hours of graduate level courses designed to strengthen the specialization or professional education components of the student's learning experience. These courses shall be selected from such areas as: (A) instructional design; (B) communications; (C) advanced local production of instructional materials; (D) research (interpretation and application); (E) statistics; (F) program planning and development; (G) management; (H) information networks; (I) human relations; (J) client groups and information needs; (K) automation; and (L) cognate courses based on the backgrounds of individual students. (3) Professional education area. This area shall consist of a minimum of six semester hours of graduate level courses, three of which shall be in the area of curriculum development and design, and three of which may be taken in one of the following areas: (A) psychology; (B) learning theory; (C) educational systems; (D) organization of education; and (E) education in society, including multicultural and multiethnic elements. (e) The program for the learning resources endorsement. The all-level learning resources endorsement program is contained in the specialization area which is a minimum of 21 semester hours, at least 12 of which shall be graduate level and three of which shall be a practicum, or 21 semester hours and one year of experience as a full-time public school librarian. This 21 semester hour block shall develop basic competencies in: (1) selection, evaluation, and acquisition of materials in all formats, including multicultural and multiethnic materials; (2) processing and organization of a unified collection of materials; (3) instructional design and development; (4) learning resources center organization and administration; (5) local production of instructional materials; (6) materials for children and young adults and utilization practices; and (7) reference and bibliography. sec.137.312. Effective Date.
                          It is recommended that the following standards for certification of special education supportive professional personnel be adopted effective September 1, 1971, and remain in effect until amended or changed. sec.137.313. Special Education Supervisor. (a) Certification requirements. To qualify for certification as a special education supervisor a person must: (1) hold a master's degree from an accredited institution in the field of education or a related field; (2) have completed three years of successful teaching experience in an approved school; (3) hold a valid Texas supervisor's or administrator's certificate; and (4) hold a valid Texas special education certificate. (b) Prior service provision. Anyone who was assigned full-time responsibility for the supervision of a local special education program for three successive years prior to school year 1971-1972 may be issued a special education supervisor's certificate if the individual: (1) holds a master's degree; (2) holds a valid Texas special education certificate and/or valid administrator's or supervisor's certificate; and (3) presents verification from a local superintendent that he or she was assigned full-time special education supervisory responsibilities for a period of three years or more. sec.137.314. Special Education Visiting Teacher. (a) Certification requirements. The requirements for certification as a special education visiting teacher shall be the same as those currently required for all visiting teachers, effective September 1, 1971. This program shall include at least six semester hours of courses in education for exceptional children. (b) Prior service provision. Anyone who was assigned full-time responsibility as a special education visiting teacher in a local school program for three successive years prior to school year 1971-1972 may be issued a special education visiting teacher's certificate if the individual: (1) holds a bachelor's degree; (2) holds a valid Texas teacher's certificate; and (3) presents verification from a local superintendent that he or she served full-time as a special education visiting teacher for three successive years prior to school year 1971-1972. sec.137.315. Special Education Counselor. The requirements for certification as a special education counselor shall be the same as those currently required for all counselors, effective September 1, 1971, except that the special education counselor must have at least six semester hours of courses in education for exceptional children. sec.137.316. Educational Diagnostician (Special Education). (a) Requirements for professional certification as an educational diagnostician. The professional program for educational diagnostician shall require an earned master's degree. At least 18 semester hours of the program must be identified as graduate courses in the institution's catalogue. (b) Program. The program shall include the following major areas of professional competence. (1) Knowledge of the exceptional child (at least nine semester hours). This area shall provide the prospective educational diagnostician with knowledge of the learning characteristics of children deficient in basic integrities that can be categorized into peripheral nervous system dysfunctions, central nervous system dysfunctions, and behavioral disorders. (A) Such characteristics may include disorders in sensory functioning, perception, conceptualization, memory, language, attention, neuromuscular coordination, emotional-social behavior, reading, writing, arithmetic, spelling, and any developmental disparity in the physiological and psychological processes related to education. (B) This area should provide conceptual models that integrate the traditional categories of exceptionality. For example, a model of communication theory, cognitive processes, motivational resources, or information processing may be applied to all areas of exceptionality. (2) Knowledge of psychoeducational and other diagnostic procedures (at least nine hours). This area should provide the prospective educational diagnostician with the knowledge to specify the behavioral symptoms that are related to failure in school-related tasks and investigate possible causal factors and make recommendations for correcting, ameliorating, or compensating for performance. The educational diagnostician needs to develop functional competence in: (A) using various formal and informal methods of appraising and communicating pupils' educational status and progress, both in traditional academic areas and in other areas of school responsibility, such as identification of children with special problems or disabilities in cognitive, motor, sensory, language, social, or emotional growth; (B) using various types of clinical data that are relevant to special education services; and (C) using a wide array of data for appraisal and educational and vocational planning for the exceptional learner. (3) Knowledge of human development (at least three semester hours). This area should provide the prospective educational diagnostician a comprehensive and comparative knowledge of: (A) the principles of child growth and development, including the biological and sociocultural determinants of growth, maturation, and learning; and (B) the implications of various kinds of exceptional development and behavior for growth, maturation, and learning, and for reciprocal relationships between the exceptional person and other members of society. (4) Knowledge of learning theory (at least six semester hours). This area should provide the prospective educational diagnostician a comprehensive and comparative knowledge of: (A) the sets of circumstances that obtain when human learning occurs; (B) the conditions that govern learning beyond the traditionally studied prototypes of responses, conditioning, and association; (C) the prerequisites for specific types of learning and the sequence in learning school-related tasks; and (D) the competence to manipulate events to effect desired learning. (5) Knowledge of instructional modification, including practical application (remediation techniques and materials) (at least six semester hours). This area should provide the prospective educational diagnostician: (A) competence in integrating knowledge of the exceptional child, diagnostic procedures, conditions for learning, and the sequence in learning to relate these to educational programs for exceptional learners. This implies competence in developing educational strategies for the remediation, amelioration, or compensation of exceptionality as it interferes with achievement or adjustment in school; (B) information and skills necessary to develop, organize, teach, and evaluate curriculum modified on an individual basis for the exceptional learner; (C) information and familiarity with instructional materials necessary to adapt and modify curriculum and instruction to the special needs of exceptional learners at the elementary and secondary level; and (D) competence in evaluating methods and materials to determine their effectiveness in meeting instructional goals. sec.137.317. School Psychologist (Special Education). The preparation program for the professional school psychologist certificate shall include institutional recommendation based on one of the following options: (1) completion of an approved doctoral program in school psychology and licensure as a psychologist by the Texas State Board of Examiners of Psychologists. The approved doctoral program shall include the following: (A) multicultural studies; (B) evaluation and assessment; (C) public school organization (not required of individuals holding a valid Texas teacher's certificate); (D) curriculum and instruction (not required of individuals holding a valid Texas teacher's certificate); (E) an internship of at least 1,500 clock hours, to be completed in 24 months or less, at least 750 clock hours of which must be in a school setting; (F) psychological knowledge and theory, including research methodology, statistics and data analysis, psychometric theory and method, human learning, human development, social psychology, human motivation, individual and group differences, abnormal psychology/education, and physiology/neuropsychology; and (G) special education; or (2) completion of an approved doctorate in school psychology. The approved doctoral program shall consist of a minimum of 90 graduate hours after a baccalaureate degree and certification as a nationally certified school psychologist. The approved program must include the following: (A) psychological foundations, including the biological bases of behavior, cultural diversity, child and adolescent development (normal and abnormal), human exceptionalities, human learning, and social bases of behavior; (B) educational foundations, including education of exceptional learners, instructional and remedial techniques, and organization and operation of schools; (C) assessment; (D) interventions (direct and indirect), including consultation, counseling, and behavior management; (E) statistics and research design; and (F) a supervised internship of a minimum of 1,200 clock hours in school psychology, at least 600 clock hours of which must be in a school setting. sec.137.318. Associate School Psychologist (Special Education). The preparation program for the professional associate school psychologist certificate shall include institutional recommendation based on one of the following options: (1) completion of an approved program for the associate school psychologist and certification as a psychological associate by the Texas State Board of Examiners of Psychologists. The approved program shall consist of a minimum of 42 semester hours, including the following: (A) multicultural studies; (B) evaluation and assessment; (C) public school organization (not required of individuals holding a valid Texas teacher's certificate); (D) curriculum and instruction (not required of individuals holding a valid Texas teacher's certificate); (E) a practicum or internship of at least 450 clock hours; (F) psychological knowledge and theory, including research methodology, statistics and data analysis, psychometric theory and methods, human learning, human development, social psychology, human motivation, individual and group differences, abnormal psychology/education, and physiology/neuropsychology; (G) special education; and (H) one year of experience in the schools on a special assignment permit or an intermediate certificate as an associate school psychologist rendering psychological services acceptable to the superintendent; or (2) completion of a graduate program in school psychology of at least 60 graduate semester hours, and certification as a nationally certified school psychologist. The approved graduate program must include the following: (A) psychological foundations, including the biological bases of behavior, cultural diversity, child and adolescent development (normal and abnormal), human exceptionalities, human learning, and social bases of behavior; (B) educational foundations, including education of exceptional learners, instructional and remedial techniques, and organization and operation of schools; (C) assessment; (D) interventions (direct and indirect), including consultation, counseling, and behavior management; (E) statistics and research design; and (F) a supervised internship of a minimum of 1,200 clock hours in school psychology, at least 600 clock hours of which must be in a school setting on a special assignment permit or an intermediate certificate. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317874 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Proposed date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 Requirements For Persons With Bachelor's Degrees Seeking Initial Teacher Certification Through Approved Texas Colleges and Universities 19 TAC sec.137.321 (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 Texas Education Agency or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeal is proposed under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the State Board of Education to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. sec.137.321. General Program Requirements. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317894 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Earliest possible date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 Subchapter J. Program Requirements For Preparation of School Personnel: Standard VIII-Graduate Programs General Requirements in Addition to Undergraduate Criteria 19 TAC sec.sec.137.331-137.343 (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 Texas Education Agency or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeals are proposed under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the State Board of Education to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. sec.137.331. Effective Date. sec.137.332. Quality of Institution. sec.137.333. Faculty. sec.137.334. Faculty Load. sec.137.335. Admission. sec.137.336. Candidacy. sec.137.337. Program Requirements for Master's Degree. sec.137.338. Credits by Transfer, Extension Study, or Correspondence. sec.137.339. Cooperative Programs. sec.137.340. Minimum Residence. sec.137.341. Evidence of Proficiency. sec.137.342. Graduate Student Load. sec.137.343. Administration of Programs. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317895 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Earliest possible date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 Programs For Professional Certificates 19 TAC sec.sec.137.351-137.358 (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 Texas Education Agency or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeals are proposed under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the State Board of Education to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. sec.137.351. Effective Date. sec.137.352. Development. sec.137.353. Planned Program of Preparation. sec.137.354. Purpose. sec.137.355. Staff. sec.137.356. Support in Related Areas. sec.137.357. Quality of Programs. sec.137.358. Graduate Student Load. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317896 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Earliest possible date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 Subchapter K. Alternative Certification of Administrators 19 TAC sec.137.361 The new section is proposed under the Texas Education Code, sec.sec.13. 032- 13.038, 13.049-13.051, and 13.201-13.218, which authorizes the State Board of Education to promulgate rules regarding teacher preparation and certification. The section also provides for the establishment and operation of the Commission on Standards for the Teaching Profession and the Teachers' Professional Practices Commission. sec.137.361. Requirements for the Alternative Certification of Administrators. (a) General provisions. Approval of alternative certification of administrators by the State Board of Education (SBOE) shall be based on the following requirements. (1) A program for alternative certification of administrators is to be developed collaboratively and may include, in addition to local education agencies, institutions of higher education with approved administrator preparation programs and/or education service centers. The programs may be in cooperation with professional associations or consortia, and must be delivered through Texas public schools. (2) Three certificates that may be earned through an alternative certification program are campus principal (level specific-elementary, middle/junior high, or high school), district level midmanagement administrator, and superintendent. (3) Individuals admitted into an approved program shall be recommended to the Central Education Agency for a term certificate that is valid only while participating in an approved program for two school years and may be extended for one additional school year under extenuating circumstances. (4) An individual may be recommended by the designated program director and the supervising mentor administrator for administrator certification based on satisfactory completion of requirements of the approved program. (b) Requirements for approved plan. Appropriate sponsors as identified in subsection (a)(1) of this section are required to submit a collaboratively developed plan to be approved by the SBOE before implementation. The plan must cover the following requirements. (1) Participating school districts, colleges, or universities must be accredited. (2) The plan must include an approved program budget that indicates commitment to the program through adequate funding. (3) The plan must designate a program director with adequate qualified staff to assure appropriate: (A) screening; (B) preparation, as indicated by vitae of personnel delivering this component; (C) mentoring, as indicated by vitae of individual(s) serving as mentor(s); (D) program supervision as indicated in the ratio of supervising mentors to intern administrators; and (E) evaluation. (4) The plan must include a calendar of program activities for each school year that the program is approved. The calendar must include a timeline for accepting candidates into a cycle to assure adequate time for preassignment screening and professional development, scheduled preparation for intern administrators, and orientation and training for mentor administrators. (5) The program components must include, but need not be limited to: (A) an assessment profile that includes the core knowledge base listed in subparagraph (B) of this paragraph to evaluate the skills and knowledge of each candidate for certification; and (B) a core knowledge base that encompasses instructional leadership; interpersonal and group dynamics skills; curriculum and instruction management; performance evaluation; organizational theory, fiscal management; and legal and ethical aspects of education. (6) The program must include a mentor-directed comprehensive internship of not less than two school years to meet the specific needs of the intern administrator including: (A) campus principal (level specific-elementary, middle/junior high, or high school): (i) assignment as principal or intern at appropriate campus for certification; and (ii) designation of a mentor who is serving or has served as a principal and whose professional expertise and certification encompasses the assignment of the intern; (B) district level midmanagement administrator: (i) assignment as midmanagement administrator or intern in appropriate area for certification; and (ii) designation of a mentor whose professional expertise and certification encompasses the assignment of the intern; or (C) superintendent: (i) assignment as superintendent or intern at the district level for certification; and (ii) designation of a mentor who is serving or has served as a superintendent and whose professional expertise and certification encompasses the assignment of the intern. (7) The plan must designate a mentor administrator who has demonstrated exemplary administrative performance and who has served as an administrator for at least five years in the area of certification sought by the intern. (8) Preassignment screening, including a criminal record review, must be initiated for interns. (9) The plan must describe a procedure for program monitoring, review, and evaluation. (10) The program must provide ongoing counseling, guidance, and remedial preparation as needed. (11) Follow-up data that attest to program and intern effectiveness must be maintained. (c) Requirements for admission into the program. Each applicant must meet the following minimum requirements before admission into the alternative certification program for administrators. (1) Applicants must possess basic skills in mathematics, reading, and writing as evidenced by acceptable scores on the state-mandated basic skills test. (2) Applicants must have prior preparation and education expertise as follows. (A) Currently certified educators must have: (i) a graduate degree from a regionally accredited institution of higher education with a grade point average of no less than 3.0 on a 4.0 system and at least three years of successful experience in a position included in the Texas Public Education Compensation Plan that included leadership responsibilities for a minimum of three other professionals who possess at least a baccalaureate degree; or (ii) a baccalaureate degree from a regionally accredited institution of higher education with a grade point average of no less than 3.0 on a 4.0 system; completion of training in effective instructional practices, leadership ability, curriculum development, and communications skills; and at least five years of successful experience in a position included in the Texas Public Education Compensation Plan that included leadership responsibilities for a minimum of three other professionals who possess at least a baccalaureate degree. (B) Individuals who do not hold teacher certification must have: (i) a graduate degree from a regionally accredited institution of higher education with a grade point average of no less than 3.0 on a 4.0 system, completion of management/leadership training, and at least three years of successful experience in organizational leadership that included leadership responsibilities for a minimum of three other professionals who possess at least a baccalaureate degree; or (ii) a baccalaureate degree from a regionally accredited institution of higher education with a grade point average of 3.0 on a 4.0 system, completion of management/leadership training, and at least five years of successful experience in organizational leadership that included leadership responsibilities for a minimum of three other professionals who possess at least a baccalaureate degree. (3) When appropriate, and with the approval of the commissioner of education, an approved program sponsor may waive the grade point average requirement and/or the experience requirement for a candidate with documented justification for the consideration of other relevant criteria. (d) Requirements for comprehensive training. During the program, each intern administrator must complete preparation of at least 18 semester hours from a regionally accredited institution of higher education with an approved administrator preparation program, or 270 contact hours, or a combination of both in a ratio of 15 contact hours to one semester hour. Intern administrators who have completed formal training in program components and whose assessment profiles indicate proficiency in subjects included in this preparation program will not be required to duplicate that portion of the curriculum that addresses those proficiencies. Preparation must include knowledge of the following components: (1) effective schools design; (2) understanding of effective teaching practices; (3) development of curriculum and instructional design models; (4) integration of critical thinking and problem-solving skills in leadership development; (5) application of ethical and legal principles; and (6) implementation of financial management skills. (e) Training requirements for placement as an intern. Before assignment as administrator or intern, each applicant accepted into the alternative certification program shall complete at least nine semester hours, 135 contact hours, or a combination thereof as follows. (1) For currently certified educators, professional development includes the areas of leadership, performance evaluation, organizational theory, financial management in education, and/or legal and ethical aspects of education identified as needs based on the individual's assessment profile. (2) For individuals who do not hold teacher certification, professional development includes the areas of instructional leadership, curriculum and instruction management, performance evaluation, financial management in education, and/or legal and ethical aspects of education identified as needs based on the individual's assessment profile. (f) Requirements for certification. Before certification, each intern administrator must: (1) complete the approved internship and specified program of instruction; (2) participate in and achieve acceptable scores on instructional leadership training (ILT); (3) participate in and achieve acceptable performance scores on the Texas Teacher Appraisal System (TTAS) training program; (4) demonstrate effectively the application of knowledge and skills indicated in subsections (b)(5)(B) and (e) of this section with individually designed performance indicators; (5) possess acceptable scores on the appropriate state-adopted Examination for the Certification of Educators in Texas (ExCET); (6) perform successfully on an approved local school district administrator appraisal system; and (7) receive a recommendation from the designated program director and the supervising mentor that is submitted to the Central Education Agency for certification. (g) Requirements for approval, review, and reapproval of programs. (1) The commissioner of education may recommend a limited number of plans for alternative administrator certification. Initial approval of proposed alternative administrator certification programs will not extend more than two years, and will be subject to agency review during all facets of program implementation. In subsequent years, after evaluation of the program by the SBOE, plans may be approved for a period not to exceed four years subject to annual review. (2) The designated director of an approved alternative administrator certification program shall submit to the commissioner of education an annual report that includes the names of candidates in the program and other information that may be required, including monitoring, review, and evaluation of the program. (3) Programs for alternative administrator certification are subject to review by the Central Education Agency. (4) Request for reapproval of alternative administrator certification programs must include the percentage of interns receiving acceptable ExCET scores and demonstrating application of knowledge and skills as indicated in subsections (b)(5)(B) and (e) of this section. The SBOE shall consider these program results when granting reapproval requests. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317875 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Proposed date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 Subchapter J. Program Requirements For Preparation of School Personnel: Standard VIII-Graduate Programs Elements of the Approved Professional Certificate Program For Teachers of Certain Fields or Levels 19 TAC sec.137.371 (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 Texas Education Agency or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeal is proposed under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the State Board of Education to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. sec.137.371. Effective Date and Fields. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317897 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Earliest possible date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 Preparation of School Administrators: Elementary Principal, Secondary Principal, and Superintendent 19 TAC sec.sec.137.381-137.384 (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 Texas Education Agency or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeals are proposed under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the State Board of Education to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. sec.137.381. Effective Date. sec.137.382. The Certificate. sec.137.383. General Requirements. sec.137.384. The Program. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317898 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Earliest possible date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 Subchapter L. Postbaccalaureate Requirements for Persons Seeking Initial Teacher Certification through Approved Texas Colleges and Universities 19 TAC sec.137.391 The new section is proposed under the Texas Education Code, sec.sec.13. 032- 13.038, 13.049-13.051, and 13.201-13.218, which authorizes the State Board of Education to promulgate rules regarding teacher preparation and certification. The sections also provide for the establishment and operation of the Commission on Standards for the Teaching Profession and the Teachers' Professional Practices Commission. sec.137.391. General Program Requirements. (a) General provisions. Colleges and universities with approved programs for teacher education may admit to a special program and recommend for teacher certification candidates who meet the requirements of this section. A certification plan shall be developed for a candidate under the requirements of this section to be completed expeditiously by the candidate in a period of three calendar years. A plan may be renewed at the request of the candidate based upon justification acceptable to the college or university. (b) Admission. Each candidate for an initial teaching certificate who has at least a bachelor's degree from a regionally accredited institution must meet the following qualifications for admission to an approved program: (1) an overall grade point average of at least 2.5 on a 4.0 system at the baccalaureate level; and (2) demonstration of basic skills on a state-mandated test in mathematics, reading, and writing in accordance with Chapter 141, Subchapter S of this title (relating to Testing Program). (c) Certification. Each candidate must meet the following qualifications for the certificate to be earned. (1) Candidates must demonstrate skill in educational computing and technology through either successful completion of course work or proficiency review. (2) Candidates must demonstrate speech competency (with emphasis on oral proficiency in the English language) through either successful completion of course work or proficiency review. (3) Successful completion of the minimum number of semester hours is required, including upper-division hours, for teaching specialties as specified for the respective certificate options in Subchapter F of this chapter (relating to the 1987 Program Requirements for Preparation of School Personnel for Initial Certificates and Endorsements) to the extent that a reasonable representation of the essential elements is identifiable and that guidelines of relevant learned societies are addressed. For secondary certification, a single teaching field of 24 semester hours with 12 upper-division hours is permissible. (4) For the elementary certificate, six semester hours of reading must be included in the plan, and for all other certificates, reading must be included in the plan. Reading instruction will be developmental and corrective, and will incorporate identification, teaching strategies, and resources for dyslexia and other reading disorders. (5) Additional semester hours in education may be allowed for certification in bilingual education, special education, and early childhood education. (6) Successful completion of 18 semester hours of professional development is required, which shall include, but not be limited to: (A) core studies, including legal aspects of teaching with emphasis on the recognition of, and response to, signs of abuse and neglect in children, special education, multicultural education, media, and technology; (B) methodology inclusive of curriculum and planning, developmental and corrective reading, including dyslexia and other reading disorders, classroom management and discipline, teaching strategies, and human growth and development; (C) a pre-student teaching/pre-internship student contact experience; and (D) a student teaching experience of at least eight weeks of full days or 16 weeks of half days in a school or schools accredited or recognized by the Central Education Agency or a field internship of one school year where the intern may be employed as a teacher of record and where the intern is jointly supervised by the college or university and a cooperating school district accredited or recognized by the Central Education Agency. (7) Candidates must demonstrate expertise in the teaching specialty and professional studies as evidenced by passing scores on the appropriate state- adopted examination for certification in accordance with Chapter 141, Subchapter S of this title (relating to Testing Program). This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317876 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Proposed date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 Subchapter J. Program Requirements For Preparation of School Personnel: Standard VIII-Graduate Programs Preparation and Certification of School Administrators 19 TAC sec.sec.137.391-137.393 (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 Texas Education Agency or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeals are proposed under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the State Board of Education to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. sec.137.391. Professional Administrator's Certificates. sec.137.392. Temporary Certificate. sec.137.393. Effective Dates This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317899 Criss Cloudt Director of Pollicy Planning and Evaluation Texas Education Agency Earliest possible date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 Elements of the Approved Program For a Supervisor, Counselor, Visiting Teacher, School Nurse, Reading Specialist, and Learning Resources Specialist 19 TAC sec.sec.137.401-137.406 (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 Texas Education Agency or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeals are proposed under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the State Board of Education to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. sec.137.401. Supervisor. sec.137.402. Counselor. sec.137.403. Visiting Teacher. sec.137.404. School Nurse. sec.137.405. Reading Specialist. sec.137.406. Learning Resources Specialist. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317900 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Earliest possible date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 Certification Standards For Special Education Supportive Professional Personnel 19 TAC sec.sec.137.421-137.427 (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 Texas Education Agency or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeals are proposed under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the State Board of Education to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. sec.137.421. Effective Date. sec.137.422. Special Education Supervisor. sec.137.423. Special Education Visiting Teacher. sec.137.424. Special Education Counselor. sec.137.425. Educational Diagnostician (Special Education). sec.137.426. School Psychologist (Special Education). sec.137.427. Associate School Psychologist (Special Education). This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317901 Criss Cloudt Director of Planning and Evaluation Texas Education Agency Earliest possible date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 Subchapter K. 1987 Standards For Approval of Institutions Offering Teacher Education Programs For Initial Certification 19 TAC sec.sec.137.501-137.511 (Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Education Agency or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeals are proposed under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the State Board of Education to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. sec.137.501. Standard I. Degree Granting Authority and Accreditation. sec.137.502. Standard II. Policy Commitment to Teacher Education. sec.137.503. Standard III. Organizational Structure for Teacher Education. sec.137.504. Standard IV. The Professional Education Unit. sec.137.505. Standard V. General Programs and Curriculum Characteristics. sec.137.506. Standard VI. Characteristics of Teacher Education Faculty. sec.137.507. Standard VII. Student Development Services. sec.137.508. Standard VIII. Facilities and Resources for Teacher Education. sec.137.509. Standard IX. Financial Support for Teacher Education. sec.137.510. Standard X. Collaborative Planning and Review Processes. sec.137.511. Standard XI. Evaluation for Quality Control. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317902 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Proposed date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 Subchapter L. 1987 Standards For Approval of Institutions Offering Graduate Education Programs For Professional Certification 19 TAC sec.sec.137.531-137.541 (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 Texas Education Agency or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeals are proposed under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the State Board of Education to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. sec.137.531. Standard I. Graduate Degree Granting Authority and Accreditation. sec.137.532. Standard II. Policy Commitment to Graduate Teacher Education. sec.137.533. Standard III. Organizational Structure for Graduate Teacher Education. sec.137.534. Standard IV. Professional Education Unit. sec.137.535. Standard V. Graduate Program and Curriculum Characteristics. sec.137.536. Standard VI. Characteristics of Graduate Teacher Education Faculty. sec.137.537. Standard VII. Graduate Student Development Services. sec.137.538. Standard VIII. Facilities and Resources for Graduate Teacher Education. sec.137.539. Standard IX. Financial Support for Graduate Teacher Education. sec.137.540. Standard X. Collaborative Planning and Review Processes. sec.137.541. Standard XI. Evaluation for Quality Control of Graduate Programs. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317903 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Proposed date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 Subchapter M. 1987 Program Requirements For Preparation of School Personnel For Initial Certificates and Endorsements 19 TAC sec.sec.137.551-137.559 (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 Texas Education Agency or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The repeals are proposed under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the State Board of Education to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. sec.137.551. Preparation Required in All Programs. sec.137.552. Teacher Certificate-Elementary. sec.137.553. Professional Teacher Certificate-Secondary. sec.137.554. Professional Teacher Certificate-All-Level. sec.137.555. Special Education Certificates. sec.137.556. Vocational Agriculture Certificates. sec.137.557. Vocational Home Economics Certificates. sec.137.558. Vocational Marketing Education Certificates. sec.137.559. Endorsements. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317904 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Proposed date of adoption: February 26, 1993 For further information, please call: (512) 463-9701 TITLE 22. EXAMINING BOARDS Part XXVII. Board of Tax Professional Examiners Chapter 623. Registration and Certification 22 TAC sec.623.5 The Board of Tax Professional Examiners proposes an amendment to sec.623.5, concerning Use of Titles on the circumstances under which a registrant with the board may use a classification title, or its acronym, if and when he is no longer active in that classification. Sam H. Smith, executive director, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. Smith also has determined that for each year of the first five years the section is in effect there will be no public benefit anticipated as a result of enforcing the section. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. Comments on the proposal may be submitted to Sam H. Smith, Executive Director, BTPE, 4301 Westbank Drive, Building B, Suite 140, Austin, Texas 78746-6565. The amendment is proposed under Texas Civil Statutes, Article 8885, sec.7, which provide the Board of Tax Professional Examiners with the authority to make and enforce all rules and regulations necessary for the performance of its duties. sec.623.5. Use of Title. (a) (No change.) (b) Persons who lose eligibility to register shall not be assigned a title and shall not use any title which has been previously assigned by the board; except that a person who has been certified RPA, RTA, or RTC and who has retired from the property tax professional under an official plan or arrangement may use the title "RPA (ret)," "RTA (ret)," or "RTC (ret)" in any manner in which titles, degrees, certifications, etc. are normally used. Retirees shall not use one of these title in connection with post-retirement employment which involves actual or potential conflict of interest between duties involved in that employment and the duties of persons active in the property tax profession. Additionally, persons certified as Registered Professional Assessor (RPA) under the Assessors Registration and Certification Act of 1977, and in the field of assessment/collections or collections on September 1, 1983, shall retain the title of "Registered Professional Appraiser" as a title of record under the Property Taxation Professional Certification Act of 1983 and may use the title in any manner in which titles, degrees, certifications, etc., are normally used. (c) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on December 21, 1992. TRD-9317655 Sam H. Smith Executive Director Board of Tax Professional Examiners Earliest possible date of adoption: February 26, 1993 For further information, please call: (512) 329-7981 TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 15. Surplus Lines Insurance Subchapter B. Surplus Lines Stamping Office of Texas 28 TAC sec.15.101 The State Board of Insurance of The Texas Department of Insurance proposes an amendment to sec.15.101, concerning the plan of operation of the Surplus Lines Stamping Office of Texas. The section defines terms, sets standards of operation, and provides guidelines for the discharge of responsibilities of the Surplus Lines Stamping Office of Texas in accordance with the Insurance Code and the rules and regulations of the State Board of Insurance. The amendment will clearly define the number of directors on the Board of Directors, will encourage general public membership, and will eliminate restrictive qualifications for membership to the Board of Directors. Marianne Dwight, counsel to commissioner, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administrating the section. Ms. Dwight also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be that the qualifications for membership to the Board of Directors of the Surplus Lines Stamping Office of Texas will be less restrictive and will allow for membership from the general public. There will be no effect on small business. There are expected to be no costs for compliance for persons to comply with the amended section. Comments on the proposal may be submitted in writing within 30 days after publication of the proposed rule in the Texas Register to Linda K. von Quintus- Dorn, Chief Clerk, P.O. Box 149104, MC#113-2A, Austin, Texas, 78714-9104. An additional copy of the comment should be submitted to Marianne Dwight, Counsel of Commissioner, Texas Department of Insurance, Mail Code 112-1A, P.O. Box 149104, Austin, Texas, 78714-9104; (512) 475-1982. Request for a public hearing on this proposal should be submitted separately to the Chief Clerk Office. The amendment is proposed under the Insurance Code, Articles 1.04 and 1. 14-2. Article 1.04 authorizes the Texas Department of Insurance to determine rules in accordance with the laws of this state. Article 1.14-2,3A, provides that the Texas Department of Insurance may promulgate rules to enforce Article 1.14-2, and provides that the Texas Department of Insurance shall monitor the activities of surplus lines to the extent necessary to protect the public interest. sec.15.101. Plan of Operation of the Surplus Lines Stamping Office of Texas. (a)-(b) (No change.) (c) Directors. (1) Board of Directors. The management of all the affairs, property, and business of the stamping office shall be vested in the board of directors, and such board of directors shall consist of [no less than] nine persons who serve terms as established in the plan of operation. Four of the members of the board of directors must represent the general public. A public representative may not be: (A)-(B) (No change.) (C) related to a person described by subparagraphs (A) or (B) of this paragraph within the second degree of affinity or consanguinity. [The public insurance counsel shall automatically serve as a public representative. Consumers and risk managers shall have a minimum of three years of experience in the purchase of commercial insurance coverage. Other members shall be representative of the segments of the insurance industry involved in surplus lines transactions including surplus lines agents, local recording agents, and surplus lines companies. No surplus lines company shall be represented on the board unless such company has presented satisfactory evidence of eligibility to the Texas Department of Insurance.] (2)-(12) (No change.) (d)-(i) (No change.) This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 19, 1993. TRD-9317843 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Earliest possible date of adoption: February 26, 1993 For further information, please call: (512) 463-6328 Part II. Texas Workers' Compensation Commission Chapter 126. Benefits-General Provisions Applicable to all Benefits 28 TAC sec.126.7 (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 Texas Workers' Compensation Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.) The Texas Workers' Compensation Commission proposes repeal of sec.126.7, concerning Injured Employee's Choice of Doctor. This section was authorized by Article 8308-4.62 and that statute was replaced effective January 1, 1993, with Article 8308-4.63. A new section is concurrently being proposed to deal with employee's choice of doctor. Janet Chamness, Chief of Budget, has determined that for the first five-year period the repeal of this section holds no fiscal implications for state or local government and, since there will be another section controlling the process of employee selection of doctor, there will be no public cost associated with repeal of this section. The public benefit resulting from repeal of this section will be the elimination of possible confusion between the provisions of this section and those of the new sec.126.9 of this title (relating to Choice of Treating Doctor and Liability for Payment). Comments on the proposal may be submitted to Ken Forbes, Policy and Rules Administrator, Mail Stop #4D, Texas Workers' Compensation Commission, Southfield Building, 4000 South IH-35, Austin, Texas 78704-7491. The repeal is proposed under Texas Civil Statutes, Article 8308-2.09(a) , which authorize the commission to adopt rules necessary to administer the Act. sec.126.7. Injured Employee's Choice of Doctor. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas on January 20, 1993. TRD-9317864 Susan Cory General Counsel Texas Workers' Compensation Commission Proposed date of adoption: February 26, 1993. For further information, please call: (512) 440-3592 28 TAC sec.126.8, sec.126.9 The Texas Workers' Compensation Commission proposes new s126.8 and sec.126.9, concerning Commission Approved Doctor List and Choice of Treating Doctor and Liability for Payment. Section 126.8 establishes criteria, in addition to the criteria specified in Texas Civil Statutes, Article 8308-4.63, for the addition of doctors to the list of commission approved doctors and for the removal of doctors from the list. Section 126.9 establishes how the employee selects a treating doctor and what the doctor and injured employee must do to be in compliance with the requirements of the Act and commission rules. These sections are required by Texas Civil Statutes, Article 8308-4.63. Janet Chamness, Chief of Budget, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering these sections. These sections will have the same effect on large businesses as they do on the smallest businesses. Ms. Chamness also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be: better medical treatment for the injured employee because doctors who provide inadequate or improper treatment will be removed from the list of doctors approved by the commission to treat injured employees, lower cost for the health care provided because the doctors who charge inordinate amounts for their services will be removed from the list; and less doctor shopping because the commission will control the process of selecting doctors. Enforcing or administering these sections may have economic cost implications for the doctor removed from the list who may not be paid by the insurance carrier for health care provided by the doctor. There may also be implications for the injured employee who disregards the Act and commission rules in choosing a doctor and may become personally liable for the costs of health care provided by that doctor. Both of these implications are imposed by Article 8308 rather than these sections. Comments on the proposal may be submitted to Ken Forbes, Policy and Rules Administrator, Mail Stop #4D, Texas Workers' Compensation Commission, Southfield Building, 4000 South IH-35, Austin, Texas 78704-7491. The new sections are proposed under Texas Civil Statutes, Article 8308-2. 09(a), which authorize the commission to adopt rules necessary to administer the Act, and Texas Civil Statutes, Article 8308-4.63, which require the commission to develop a program to add and remove doctors from the list of approved doctors and further requires the commission to establish a process for injured employees to change doctors. sec.126.8. Commission-Approved Doctor List. (a) On or after January 1, 1993, except in emergency situations, injured employees must receive medical treatment from a doctor on the commission- approved doctor list (the list). This list initially includes all doctors licensed in Texas on or after January 1, 1993, and doctors licensed in other jurisdictions who have been added to the list by the commission. (b) Doctors licensed in other jurisdictions may ask to be added to the list by submitting a written request containing information prescribed by the commission. Unless the doctor has been deleted from the list by the commission, a carrier shall not withhold reimbursement to doctors licensed in other jurisdictions when the only reason for nonpayment is that the doctor is not presently on the list. (c) Each month, the division of medical review (the division) will provide insurance carriers, through designated Austin representatives, with the names of: (1) doctors deleted from the list; (2) doctors reinstated to the list; and (3) doctors added to the list from other jurisdictions. (d) Doctors may be deleted from the list for the following: (1) sanctions imposed by the commission against the doctor for violations of the Act or commission rules; (2) sanctions by Medicare or Medicaid for substandard medical care, overcharging, or overutilization of medical services; (3) substantial differences between the doctor's charges, fees, diagnoses, or treatments and those the commission finds to be fair and reasonable; (4) revocation or suspension of a doctor's license by the appropriate licensing authority; (5) limitations or restrictions on the professional license or disciplinary actions taken by the appropriate licensing authority; (6) criminal conviction which indicates an unwillingness or inability to provide quality treatment or to abide by the Act or commission rules; or (7) other activities which warrant deletion. (e) The division shall notify a doctor by certified mail, return receipt requested, of the division's intent to recommend to the Commissioners that the doctor be deleted from the list. Within 20 days after receiving the notice, a doctor may request a hearing as provided by Article 8308-4.63, Article 6252-13a of the Administrative Procedure and Texas Register Act, and s145.3 of this title (relating to Requesting a Hearing). If a request for hearing is received, the commission shall hold a hearing as provided in Chapter 145 of this title (relating to Dispute Resolution-Hearings Under the Administrative Procedure and Texas Register Act). If no request for hearing is filed within the time allowed, the division's recommendation will be reviewed by the Commissioners at a public meeting and a decision made to either delete or maintain the doctor on the list. (f) As described in Article 8308-2.09(f) and sec.145.24 of this title (relating to Special Provisions for Imposing Sanctions Pursuant to the Act, sec.2.09(f)), only the Commissioners may delete a doctor from the list. The commission shall notify the doctor by issuing an order of deletion which describes the effects of the deletion on the doctor and the doctor's patients subject to workers' compensation. This order shall be delivered to the doctor by certified mail, return receipt requested, with a copy to the licensing authority and copies to those injured employees the commission is aware are being treated by that doctor. After receipt, the doctor shall also inform any injured employees, seeking treatment under the Act, of the doctor's deletion from the list and that the injured employee may not, except in an emergency, receive care. Failure to inform the injured employees in the form and format prescribed by the commission may subject the doctor to administrative penalties of up to $10,000 and other sanctions as provided by the Act. (g) To be reinstated, a doctor deleted from the list must apply for reinstatement in the form and manner prescribed by the commission through the Medical Review Division in Austin. If, in the division's opinion, the doctor has all the appropriate unrestricted licenses to practice at the time of reinstatement, has overcome the conditions which resulted in deletion, and should be reinstated, the division shall recommend that the commissioners reinstate the doctor to the list. (h) If, in the division's opinion, the doctor has not met the requirements for reinstatement, or for other reasons should not be reinstated, the division shall notify the doctor by certified mail, return receipt requested, of the division's intent to recommend to the Commissioners that the doctor not be reinstated to the list. Within 20 days after receiving the notice, a doctor may request a hearing as provided in subsection (e) of this section. sec.126.9. Choice of Treating Doctor and Liability for Payment. (a) The injured employee is entitled to the employee's initial choice of treating doctor from the list of doctors approved by the Texas Workers' Compensation Commission. As of January 1, 1993, any change in treating doctor after the initial choice requires approval from the commission. The term "doctor," as used in this section, has the meaning defined in Article 8308-1. 03(17). (b) The commission shall include, with the information mailed to the employee as required by 5.09 of the Act, the requirements related to the selection of a treating doctor from the commission-approved doctor list and to changing treating doctors as described in this section. (c) The first doctor who provides health care to an injured employee shall be known as the injured employee's initial choice of treating doctor. The following do not constitute an initial choice of treating doctor: (1) a doctor salaried by the employer; (2) a doctor recommended by the carrier or employer, unless the injured employee continues, without good cause as determined by the commission, to receive treatment from the doctor for a period of more than 60 days; or (3) any doctor providing emergency care unless the injured employee receives treatment from the doctor for other than follow-up care related to the emergency treatment. (d) If an injured employee wants to change treating doctors, other than exceptions as described in Article 8308-4.64 or removal of the doctor from the list, the employee shall submit to the field office handling the claim, reasons why the current treating doctor is unacceptable. Unless medical necessity exists for an immediate change, the submission shall be in writing on a form prescribed by the commission. If the need for an immediate change exists, then the injured employee may notify the field office by telephone. Injured employees who change doctors because the doctor is removed from the list or for one of the exceptions listed in Article 8308-4.64 shall immediately notify the commission of the change in the form and format prescribed by the commission. (e) Reasons for approving a change in treating doctor include, but are not limited to: (1) the reasons listed in Article 8308-4.63(d); and (2) the selected doctor chooses not to be responsible for coordinating injured employee's health care as described in sec.133.3 of this title (relating to Responsibilities of Treating Doctor). (f) The commission shall issue an order approving or denying a change of doctor request. This order shall be issued within 10 days after receiving the request and, if a change is approved, shall include an order for the insurance carrier to pay for treatment provided by the approved doctor unless an interlocutory order supersedes this order. (g) With good cause, the injured employee or carrier may dispute the order regarding a change to an alternate treating doctor. That dispute will be handled through the dispute resolution process described in Chapters 140-143 of this title (relating to Dispute Resolution/General Provisions, Benefit Review Conference, Benefit Contested Case Hearing, and Review by the Appeals Panel). (h) The commission may, after holding a benefit contested case hearing as provided by Chapter 142 of this title (relating to Benefit Contested Case Hearing), relieve the carrier of liability for health care furnished by a doctor if: (1) the doctor chosen by the employee is not on the list; or (2) the employee failed to comply with commission rules regarding a change in treating doctor. (i) If the carrier is relieved of liability for the costs of health care, as provided in subsection (h) of this section, the employee may be billed for treatment provided after the date the commission relieves the carrier of liability; provided the doctor billing the employee had no knowledge of the violation by the employee at the time the services were rendered. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 19, 1993. TRD-9317832 Susan Cory General Counsel Texas Workers' Compensation Commission Earliest possible date of adoption: February 26, 1993 For further information, please call: (512) 440-3592 Chapter 168. Back Injury Prevention Training Program Subchapter A. Workers' Health and Safety-Standards for Programs 28 TAC sec.168.3 The Texas Workers' Compensation Commission proposes new s168.3, concerning Mandatory Participation In Back Injury Prevention Program. Article 8308-7.07, requires an employee with a back injury that receives more than four weeks of income benefits to participate in this training program. This section will insure that insurance carriers are aware of which employees to refer to the program and the time within which that referal must be made. Because this is a mandatory program and the Commission is establishing the duty to report by this section, it is possible to establish a penalty for carriers who fail or refuse to provide the required information. This section is required to administer Texas Civil Statutes, Article 8308-7. 07. Janet Chamness, Chief of Budget, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section beyond those contemplated by the legislature in establishing the program. This section will have the same effect on large businesses as on the smallest businesses. Ms. Chamness also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be fewer repeated back injuries, so less cost to the workers' compensation system, less pain and suffering for workers, and a safer work environment. Employers may also be more inclined to hire the previously injured employee because that person will be better trained to avoid back injuries than others. Enforcing or administering this section will increase the costs for the insurance carrier required to pay for the training, but not beyond those costs specifically provided for by the legislature. There will be no cost to the injured employee except where the employee has returned to work and no alternative training time can be established so the employee must take time from work to attend the training. Comments on the proposal may be submitted to Ken Forbes, Policy and Rules Administrator, Mail Stop #4D, Texas Workers' Compensation Commission, Southfield Building, 4000 South IH-35, Austin, Texas 78704-7491. The new section is proposed under Texas Civil Statutes, Article 8308-2.09(a) , which authorize the commission to adopt rules necessary to administer the Act, and Texas Civil Statutes, Article 8308-7.07, which require certain injured employees to participate in this program. sec.168.3. Mandatory Participation in Back Injury Prevention Program. (a) This section applies to employees who incur a back injury in Houston or McLennan counties on or after June 1, 1991, or who incur a back injury in Bexar, Bosque, Hamilton, Hill, Limestone, or Navarro counties on or after February 1, 1992. (b) An employee who receives income benefits for four or more weeks as a result of a back injury shall participate in an injury prevention program as required by Texas Civil Statutes, Article 8308-7. 07. (c) An insurance carrier shall notify the commission within 10 days after: (1) mailing a check for the fourth week of income benefits; or (2) receiving notice from the treating doctor that the employee will be disabled for more than four weeks because of a back injury, whichever is earlier. (d) Notice may be provided by telephonic document transfer or by telephone call with written confirmation. The notice shall be provided to the workers' health and safety division, back injury prevention program at a telephone or FAX number designated by the commission. (e) The carrier shall provide the following information to the commission in the notification: (1) claimant's name, address, telephone number, and social security number; (2) name of insurance carrier; (3) date and county of injury; (4) carrier file number and TWCC claim number; (5) name, address, and telephone number of adjuster handling the claim; (6) name of employer; and (7) the date the employee received or will receive benefits for the fourth week of disability. (f) A carrier who fails to provide notice as required in this section commits an administrative violation subject to penalties and sanctions provided in the Act. (g) The commission shall mail written notice to the employee of the requirement to participate in the back injury prevention training. This notice shall describe the program and consequences for failing to attend, including possible suspension of temporary income benefits until the employee participates. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 19, 1993. TRD-9317834 Susan Cory General Counsel Texas Workers' Compensation Commission Earliest possible date of adoption: February 26, 1993 For further information, please call: (512) 440-3592 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part IX. Texas Water Commission Chapter 334. Underground and Aboveground Storage Tanks Subchapter H. Interim Reimbursement Program 31 TAC sec.sec.334.302, 334.306, 334.308, 334.310, 334.313, 334. 314, 334.319, 334.321, 334.322 The Texas Water Commission (Commission) proposes amendments to sec.sec.334. 302, 334.306, 334.308, 334.310, 334.313, 334.314, 334.319, 334.321, and 334. 322, concerning interim reimbursement program. The sections are proposed to implement changes in the reimbursement program including limitations and requirements for eligibility, form and contents of applications, review of applications, fund payment reports, and allowable costs. The new rules are written under authority of the Texas Water Code (Code), Chapter 26 et seq (Vernon Pamphlet 1992). Section 334.302 has been amended to change the current general conditions and limitations for eligibility for reimbursement from stating that a release must penetrate beyond the excavation zone of a tank system and the resulting contamination must be above "background" levels to state contamination must be above "action" levels as determined by the executive director. This change will eliminate sites deemed eligible for reimbursement with only minor amounts of contamination from being eligible for reimbursement, thus protecting the Petroleum Storage Tank Remediation (PSTR) Fund for sites with more serious environmental problems that will require corrective action; require the application preparer, prime contractor and/or prime corrective action specialist (consultant), and the owner and/or operator to sign each application submitted for reimbursement. This change will ultimately eliminate inadvertent, inappropriate claims and commit the legitimacy of each claim on both the owner and/or operator and his or her consultant/contractor; allow payment of funds to a person (other than the owner or operator) who holds a security interest in a personal property or in a fixture that is not attached to the real estate or lienhold interest on the real estate or fixture that is attached to the real estate; and require the execution of a contract of subrogation prior to the disbursement of payment. Section 334.306 has been amended to state that an application for reimbursement must contain the signature of all of the following: the applicant, the application preparer, and the prime contractor and/or prime corrective action specialist, unless otherwise approved by the executive director. Section 334.308 has been amended to allow for reimbursement the cost to remove associated piping, pumps, and dispensers in accordance with applicable law when connected with a corrective action measure and conducted on or after October 1, 1992; not allow for reimbursement costs incurred as a result of a release from a storage tank system owned, operated, or maintained by a common carrier railroad; not allow for reimbursement interest on the monies expended for an item of corrective action. The Texas Constitution, Article III, sec.49 forbids the creation of any debt, by or on behalf of the state. Therefore, because the TWC is not expressly authorized by statute to pay interest to responsible parties, sec.334.308(c)(21) has been deleted; and specify that a spent oil tank and/or hydraulic lift system must have been used in conjunction with and contemporaneously with a vehicle service and fueling facility to be eligible for reimbursement. Section 334.310 has been amended to require corrective action plans to be pre- approved in writing by the executive director prior to implementation of the plan to be eligible for reimbursement. Section 334.313 has been amended to state that an application for reimbursement or supplemental application shall be subject to an audit by the executive director. Section 334.314 has been amended to state that the applicant's consent form for the executive director's fund payment report may be required by the executive director to include the submission of a signed subrogation contract. Section 334.319 has been amended to state a lender is not liable as an owner or operator if the lender has a security interest in a personal property or in a fixture that is not attached to the real estate or a lienhold interest on the real estate or fixture that is attached to the real estate. Section 334.321 has been amended to state the Commission may undertake corrective action if the owner or operator of the underground or aboveground storage tank demonstrates his/her financial inability to the executive director to take the corrective action necessary to protect the public health and safety or the environment. Section 334.322 has been amended to define action level, application preparer, contract of subrogation, corrective action, corrective action plan, initial abatement measures, prime contractor, and prime corrective action specialist. Stephen Minick, Budget and Planning Division, has determined that for the first five-year period the sections are in effect there will be fiscal implications as a result of enforcement and administration of the sections. Increases in administrative cost to state government are anticipated to be minor. There are no anticipated increases in revenue. Effects to local governments will be limited to those units of local government which are responsible parties seeking reimbursement for costs of corrective action at leaking petroleum storage tank sites. The effect of limiting reimbursement to sites exhibiting some threshold of contamination (action level) will be to preclude expenditure of state reimbursement funds for lower priority sites representing reduced risks of environmental harm. Costs not reimbursed from state funds will be paid by responsible owners or operators of leaking tanks. These costs will depend on site-specific circumstances and cannot be determined at this time. The costs of leaking tank remediation average approximately $80,000 per site. This would be the maximum cost involved. Since these rules address the reimbursement for sites minimally contaminated, the actual costs to any owner/operator would be far less. These same effects will apply to small businesses which are owner/operators of leaking tanks. More stringent control of remediation costs to be reimbursed from state funds will enable more applications to be paid and reduce expenses for eligible owner/operators with applications for reimbursement pending. Mr. Minick also has determined that for each year of the first five years these sections are in effect the public benefit anticipated as a result of enforcement of or compliance with the sections will be improvements in the management of state funds, remediation of contamination from leaking petroleum storage tanks, and protection of groundwater resources from threat of contamination. There are no additional costs anticipated to persons required to comply with these sections as proposed. Comments on the proposal may be submitted to Raymond Winter, Staff Attorney, Legal Division, Texas Water Commission, 1700 North Congress, P.O. Box 13087, Austin, Texas 78711-3087. Comments will be accepted until 5 p.m., 30 days after the date of this publication. The amendments are proposed under House Bill 1588 (71st Legislature, 1989) and House Bill 1214 (72nd Legislature, 1991), which require the Commission to establish a groundwater protection program, and to implement a reimbursement program to responsible parties who clean-up sites on their own initiative; and the Code, s5.103 and sec.5.105, which provides the Commission with the authority to adopt any sections necessary to carry out its powers and duties under the Code and other laws of the State of Texas, and to establish and approve all general policy of the Commission. sec.334.302. General Conditions and Limitations Regarding Reimbursement- Interim Period. (a) In order to be considered for reimbursement under this subchapter, corrective action must be performed either as provided in subsection (b) of this section or in response to a release which: (1) results in contamination which penetrates beyond the excavation zone of the tank system and which is above action levels determined by the executive director
                            [background levels]; and (2) is ultimately confirmed by the executive director, either before or after corrective action commences, provided that it shall be the burden of the person claiming monies under this subchapter to show that a release which is eligible for reimbursement occurred.
                              [;] (b)-(c) (No change.) (d) No expenses for which reimbursement is claimed under this subchapter and no expenses which are to be applied to the owner/operator contribution shall be subject to reimbursement or applied to the owner/operator contribution unless the following conditions have been met. (1) (No change.) (2) Unless otherwise approved by the executive director, a certification affidavit as provided in the application for reimbursement must be signed by all of the following: owner or operator of a petroleum storage tank, the application preparer, and the prime contractor and/or the prime corrective action specialist, as defined in sec.334.322 of this title (relating to Subchapter H Definitions). (3)
                                [(2)] The application has been filed within the time prescribed in sec.334.303 of this title (relating to Time to File Application-Interim Period). (4)
                                  [(3)] The person seeking reimbursement must be an eligible owner or operator, as defined in sec.334.322 and sec.334.310 of this title (relating to Subchapter H Definitions and Requirements for Eligibility-Interim Period) or they must be authorized by an eligible owner or eligible operator to receive such payment pursuant to subsections (i), (j), and (k) of this section. (5)
                                    [(4)] The expenses for which reimbursement is sought, and those which are to be applied to the owner/operator contribution must be allowable costs, as defined in sec.334.308 of this title (relating to Allowable Costs- Interim Period). (6)
                                      [(5)] The allowable costs for which reimbursement is sought and those which are to be applied to the owner/operator contribution must be reasonable, as defined in sec.334.309 of this title (relating to Reasonable Costs-Interim Period). (7)
                                        [(6)] An application for reimbursement has been filed in accordance with this subchapter which contains the information required by this subchapter. (e)-(j) (No change.) (k) No payment of funds will be made to any person other than the owner or operator under this subchapter except as follows: (1) the person authorized to accept payment on behalf of an owner or operator is: (A) (No change.) (B) a person who holds a security interest in personal property or in fixture that is not attached to the real estate or lienhold interest on the real estate or fixture that is attached to the real estate [the property] where the release occurred and on which the claim for payment is based; (C)-(D) (No change.) (2) (No change.) (l) The executive director may require the execution of a contract of subrogation prior to the disbursement of payment. sec.334.306. Form and Contents of Application-Interim Period. (a) (No change.) (b) The application shall contain the following: (1) the name, address, [and] telephone number, and signature
                                          of all of
                                            the following: the
                                              applicant , the application preparer, and the prime contractor and/or prime corrective action specialist required by s334.302 of this title (relating to General Conditions and Limitations Regarding Reimbursement-Interim Period), unless otherwise approved by the executive director; (2)-(9) (No change.) (c)-(f) (No change.) sec.334.308. Allowable Costs-Interim Period. (a)-(b) (No change.) (c) Allowable costs shall include, but not be limited to, the following: (1)-(11) (No change.) (12) removal, transport, and disposal of the components of the underground or aboveground tank, excluding associated piping, pumps, and dispensers, in accordance with applicable law when connected with a corrective action measure and conducted prior to October 1, 1992
                                                ; (13) removal, transport, and disposal of the underground or aboveground tank, including associated piping, pumps, and dispensers, in accordance with applicable law when connected with a corrective action measure and conducted on or after October 1, 1992; (14)
                                                  [(13)] permanent abandonment in place of a tank system where abandonment in place rather than tank system removal is deemed by the executive director to be necessary to avoid destruction of substantial or significant surface improvements; (15)
                                                    [(14)] temporary relocation of utility structures when necessary to the performance of corrective action; (16)
                                                      [(15)] preparation of technical reports required pursuant to the requirements of subchapter D of this chapter (relating to Reporting of Releases and Corrective Action); (17)
                                                        [(16)] the fair market value of access to property outside of the facility boundaries where such access is necessary for the performance of corrective action; (18)
                                                          [(17)] the reasonable value of necessary time spent by the applicant in planning and administering his own corrective action plan; (19)
                                                            (18)] performance of any corrective action measure which is specifically required by an order of the Commission or a written request or confirmation of the executive director on or after September 1, 1987; (20)
                                                              [(19)] state and federal sales taxes applicable to items which are otherwise allowable costs under this section; and [(21)]
                                                                [(20)] interest on the monies expended for an item of corrective action, provided that: [(A) the interest costs were incurred on expenses which themselves are allowable costs under this section; [(B) the interest costs were incurred on expenses which themselves are reasonable costs under sec.334.309 of this title (relating to Reasonable Costs- Interim Period); [(C) the rate of interest which may be reimbursed shall be the lesser of: [(i) the actual rate of interest incurred; or [(ii) a rate which does not exceed an amount that is 2.0% higher than the New York prime rate on the date which the corrective action item for which interest is claimed is approved for payment under sec.334.314 of this title (relating to Executive Director's Fund Payment Report-Interim Period); [(D) the only interest allowable is the interest which accrues on a corrective action item on or after the day on which the item itself is approved for payment under sec.334.314 of this title (relating to Executive Director's Fund Payment Report-Interim Period); and [(E) any interest claim for an item under this subsection shall be in lieu of all interest which may be claimed under the Texas Water Code, sec.26. 3573, and Texas Civil Statutes, Article 601f on that same item; and] [(22)]
                                                                  [(21)] any other costs determined by the executive director to be allowable in accordance with the provisions of this subchapter. (d) The following types of costs are those which will not be considered allowable costs under this subchapter: (1)-(2) (No change.) (3) removal, transport, and disposal of the piping, pumps, and dispensers associated with the underground or aboveground tank when removed prior to October 1, 1992; (4)
                                                                    [(3)] loss of income or profits, including without limitation, the loss of business income arising out of the review, processing, or payment of an application or request for assistance under this subchapter; (5)
                                                                      [(4)] decreased property values; (6)
                                                                        [(5)] bodily injury or property damage; (7)
                                                                          [(6)] attorney's fees; (8)
                                                                            [(7)] any costs associated with preparing, filing, and prosecuting an application for reimbursement or assistance under this subchapter; (9)
                                                                              [(8)] the costs of making improvements to the facility beyond those that are required for corrective action; (10)
                                                                                [(9)] costs associated with corrective action
                                                                                  [contamination assessments] performed for any purpose where no release of petroleum above action levels
                                                                                    is discovered, except when the corrective action
                                                                                      [contamination assessment] has been ordered by the Commission; (11)
                                                                                        [(10)] costs of compiling and storing records relating to costs of corrective action; (12)
                                                                                          [(11)] costs of corrective action taken in response to the release of a substance which is not a petroleum product as defined in sec.334.322 of this title (relating to Subchapter H Definitions); (13)
                                                                                            [(12)] costs of tank integrity testing when it is not specifically required by this chapter, requested by the executive director, or ordered by the Commission; (14)
                                                                                              [(13)] costs of any corrective action incurred by an owner or operator on or after the date that the executive director commences corrective action at the owner's or the operator's facility pursuant to sec.334.321 of this title (relating to Corrective Action by the Commission-Interim Period.),[;] unless authorized in writing by the executive director; [and] (15) costs incurred as a result of a release from a storage tank system owned, operated, or maintained by a common carrier railroad; (16)
                                                                                                [(14)] any activities, including those required by this chapter, which are not conducted in compliance with applicable state and federal environmental laws or laws relating to the transport and disposal of waste; and
                                                                                                  [.] (17) interest on the monies expended for an item of corrective action. (e) The costs of abating the release from the petroleum storage tank and the costs of removal, transport, and disposal of the petroleum storage tank, including (on or after October 1, 1992)
                                                                                                    [excluding] associated piping, pumps, and dispensers, are the only allowable costs in situations where: (1)-(2) (No change.) (f) The costs of abating the release from the hydraulic lift system and the costs of removal, transport, and disposal of the tank, including (on or after October 1, 1992)
                                                                                                      [excluding] associated piping and equipment, are the only allowable costs in situations where: (1)-(2)(No change.) (g) The costs of abating the release from the spent oil tank and the costs of removal, transport, and disposal of the tank, including (on or after October 1, 1992)
                                                                                                        [excluding] associated piping and equipment, are the only allowable costs in situations where: (1)-(2) (No change.) (h) In addition to other requirements, no corrective action costs connected with the release of spent oil shall be allowable unless the spent oil was released from a tank located at a vehicle service and fueling facility, nor shall any costs connected with the release of hydraulic fluid be allowable unless the hydraulic fluid was released from a hydraulic lift system located at a vehicle service and fueling facility. The spent oil tank and/or hydraulic lift system must have been used in conjunction with and contemporaneously with a vehicle service and fueling facility. sec.334.310. Requirements for Eligibility-Interim Period. (a) In order for a person to be an eligible owner or operator under this subchapter the following requirements must be met. (1) He/she must meet the other requirements of this chapter and must be: (A)-(D) (No change.) (E) a lender who forecloses and becomes the owner of property contaminated by a release of petroleum products from a tank described in subparagraph (A) of this paragraph, and who performed corrective action in response to a release of petroleum products from such tank; and
                                                                                                          [or] (F) an adjacent landowner who can clearly prove that the land has been contaminated by a release of petroleum products from a tank described in subparagraph (A) of this paragraph which is not located on said land, and who performed corrective action in response to a release of petroleum products from such tank, and either: (i) performed emergency abatement actions by completing all the following: (I)-(II) (No change.) (III) taking actions necessary to protect against imminent danger to human health and safety by mitigating fire, explosion, and vapor hazards, by removing free product from structures, basements, sumps, etc., or performing other actions as deemed necessary by the executive director. Restoration of site to preexisting conditions, cost of relocating utility structures, site assessment, and remediation are not considered part of emergency abatement activities. Any expenses incurred after 48 hours from commencement of the action must be approved by the executive director in writing ;
                                                                                                            [,] and[; ] (IV) (No change.) (ii) (No change.) (2)-(4) (No change.) (b)-(e) (No change.) (f) Unless otherwise approved by the executive director, all remedial activities proposed in corrective action plans must be approved in writing by the executive director prior to implementation of the plan. Reimbursement claims submitted for pre-approved corrective action plans will receive priority over reimbursement claims submitted for corrective action plans which were implemented without pre-approval. For reimbursement of emergency, initial abatement measures and free-product recovery as required by sec.334.77 of this title (relating to Initial Abatement Measures and Site Check), approval by the executive director is not required prior to implementation, unless the emergency action extends beyond 48 hours, then written approval will be required for all activities with the exception of continuous free-product recovery. sec.334.313. Review of Application by Executive Director-Interim Period. (a)-(d) (No change.) (e) An application for reimbursement or supplemental application filed under this subchapter shall be subject to audit by the executive director. sec.334.314. Executive Director's Fund Payment Report-Interim Period. (a) (No change.) (b) The applicant shall review the fund payment report and shall file a written response with the executive director within 45 days of receipt of the report. The response shall be on a form provided or approved by the executive director. The applicant may consent or object to all or any part of the report. If the executive director has not received a response from the applicant within 45 days from the date on which the applicant received the Report, the following shall occur: (1) all claims approved for reimbursement in the fund payment report shall be eligible for payment, provided a signed subrogation contract is submitted, when required; (2)-(3) (No change.) (c) (No change.) (d) Any item recommended for payment in the fund payment report to which the applicant consents by filing a timely response to the fund payment report shall be eligible for reimbursement when the executive director receives the applicant's consent form, which may include the submission of a signed subrogation contract, when required
                                                                                                              . The consent of the applicant to any item recommended for payment shall mean that any claim covered by that item is considered satisfied in full. (e) (No change.) (f) In cases where there are two or
                                                                                                                [are] more applicants filing claims for one occurrence, the executive director may make an equitable apportionment of the owner/operator contribution described in s334.312 of this title (relating to Owner/Operator Contribution). sec.334.319. Administrative Penalties and Other Actions-Initial Period. (a) (No change.) (b) Notwithstanding subsection (a) of this section, a lender, as defined in sec.334.322 of this title (relating to Subchapter H Definitions), is not liable as an owner or operator under this subchapter solely because the lender holds indicia of ownership to protect a security or lienhold interest in property. A lender is not liable under this subsection if: (1) he or she has a security interest in a personal property or in a fixture that is not attached to the real estate or a lienhold interest on the real estate or fixture that is attached to the real estate
                                                                                                                  [or lienhold interest] as security for a loan to finance the acquisition or development of property, to finance the removal, repair, replacement, or upgrading of a regulated tank, or to finance the performance of corrective action in response to a release of a regulated substance from a tank, and the security or lienhold interest is in: (A)-(C) (No change. ) (2) (No change.) (c)-(g) (No change.) sec.334.321. Corrective Action by the Commission-Interim Period. (a) The executive director may undertake corrective action in any case if: (1)-(3) (No change.) (4) the executive director determines that more expeditious corrective action is necessary to protect the public health and safety or the environment from harm; [or] (5) the executive director considers it necessary to take corrective action to protect the public health and safety or the environment; or
                                                                                                                    [.] (6) the owner or operator of the underground or aboveground storage tank demonstrates his/her financial inability to the executive director to take the corrective action necessary to protect the public health and safety or the environment. (b)-(e) (No change.) sec.334.322. Subchapter H Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Action level-A level of contamination determined on a site by site basis by the executive director to be adequately protective of public health and safety and the environment. If the action level is exceeded, the executive director may require corrective action. Application preparer -As used in this subchapter, means any person responsible for preparing the application for reimbursement. Contract of subrogation-As used in this subchapter, means a document of agreement between the executive director and the eligible tank owner and operator which authorizes the executive director to recover costs reimbursed from persons who performed corrective action activities at LPST sites. Corrective action -Any assessment and remedial activities undertaken to investigate the extent of and remediate contamination. Corrective action plan (remedial action plan) -As used in this subchapter, means a detailed plan developed to address site remediation of soil and/or groundwater contamination that provides for adequate protection of human health, safety, and the environment. The selection of the most effective and efficient remedial method will be dictated by the nature and location of the release, the site soils, hydrogeological conditions, and the required degree of remediation. The remedial method selection should take into consideration such factors as cost, time, liabilities, and state compliance requirements with each method. The title of any report which contains a corrective action plan must include the designation "remedial action plan." Initial abatement measures-As used in this subchapter, means the mitigation of all existing or potential fire, explosion, or vapor hazards including the removal of free product to provide adequate protection of human health, safety, and the environment in emergency situations or other situations where emergency actions must be implemented to prevent further impacts to the environment. Prime contractor -As used in this subchapter, means any natural person, firm, or any entity responsible for the contracting of any corrective action services. Prime corrective action specialist-As used in this subchapter, means a natural person, consulting firm, or any entity engaging in corrective action services, or acting as coordinator of others engaged in corrective action services. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317853 Mary Ruth Holder Director, Legal Division Texas Water Commission Earliest possible date of adoption: February 26, 1993 For further information, please call: (512) 463-8069 TITLE 40. Social Services and Assistance Part I. Texas Department of Human Services Chapter 10. Family Self-Support Services Child Care Management Services Statewide Implementation 40 TAC sec.10.3414 The Texas Department of Human Services (DHS) proposes an amendment to sec.10.3414, concerning exceptions to eligibility for a teen parent who needs child care, in its Family Self-Support Services chapter. The purpose of the amendment is to clarify the situations for which a waiver would apply to allow families to receive child care services. Burton F. Raiford, commissioner, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. Raiford also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be that child care services are targeted to the families most in need and support the teen's effort to stay in school. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed section. Questions about the content of this proposal may be directed to Beverly Duffee at (512) 450-4172 in DHS's Self-Support Services program. Comments on the proposal may be submitted to Nancy Murphy, Policy and Document Support-249, Texas Department of Human Services E-503, P.O. Box 149030, Austin, Texas 78714- 9030, within 30 days of publication in the Texas Register. The amendment is proposed under the Human Resources Code, Title 2, Chapters 22 and 44, which authorizes the department to administer public assistance and day care programs. sec.10.3414. Exceptions to Eligibility. (a) (No change.) (b) The CCMS contractor must apply for a waiver from DHS to allow families described in subsection (a)(1) [and (2)] of this section to receive child care paid from Title XX, General Revenue, and CCDBG funds. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on January 20, 1993. TRD-9317850 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Human Services Proposed date of adoption: April 1, 1993 For further information, please call: (512) 450-3765 Part XIX. Texas Department of Protective and Regulatory Services Chapter 736. Memoranda of Understanding with Other State Agencies Memoranda of Understanding for Child Protective Services 40 TAC sec.736.902 The Texas Department of Protective and Regulatory Services (TDPRS) proposes an amendment to sec.736.902, concerning service delivery to runaway children, in its Memoranda of Understanding (MOUs) with Other State Agencies chapter. Section 736.902 adopts 37 TAC sec.341.21 (relating to MOU on Service Delivery to Runaways) by reference. The Texas Juvenile Probation Commission (TJPC) adopted an amendment to 37 TAC sec.341.21 effective October 14, 1992. The TJPC's notice of adoption of the amendment to 37 TAC s341.21 was published in the October 2, 1992, issue of the Texas Register (17 TexReg 6795). The amendment eliminates the need for annual revision of the MOU in order to update the formula for determining when the number of runaways in a given county is high enough to require services under the MOU. The purpose of the amendment proposed here is to ensure that sec.736.902 remains current in two respects. First, by adopting 37 TAC sec.341.21 as amended effective October 14, 1992, the amendment incorporates TJPC's recent amendment to the MOU. And second, the proposed amendment specifies that TDPRS has assumed the responsibilities assigned to the Texas Department of Human Services (TDHS) in the MOU. TDPRS has assumed those responsibilities in accordance with the provisions of House Bill (H.B.) 7, Article 1, sec.1.06, as passed by the 72nd Texas Legislature. H.B. 7 transferred all functions, programs, and activities related to TDHS's child protective services program from TDHS to TDPRS. TDPRS has also assumed the responsibilities set forth in the MOU in accordance with TDPRS's own agreement to provide services to runaways and at-risk youth on behalf of TDHS until the Texas Legislature has an opportunity to formally transfer the responsibility for providing such services to TDPRS. Jerry Abel, chief fiscal officer, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. Mr. Abel also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be to improve local coordination of services to runaway children. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed section. Questions about the content of the proposal may be directed to Thomas Chapmond at (512) 450-3309 in TDPRS's Protective Services for Families and Children Department. Comments on the proposal may be submitted to Nancy Murphy, Agency Liaison, Policy and Document Support-333, Texas Department of Human Services E- 503, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register . The amendment is proposed under Texas Civil Statutes, Article 4413 (503) historical note (Vernon Supplement 1993), 72nd Legislature, which transferred all functions, programs, and activities related to the child protective services program from the Texas Department of Human Services (TDHS) to the Texas Department of Protective and Regulatory Services; and under the Human Resources Code, Title 2, Chapter 141, which authorizes TDHS to enter into a memorandum of understanding with the Texas Juvenile Probation Commission regarding service delivery to runaway children. sec.736.902. Memorandum of Understanding on Service Delivery to Runaway Children. (a) The Texas Department of Protective and Regulatory Services (TDPRS)
                                                                                                                      [PRS] adopts by reference 37 TAC sec.341. 21 (relating to Memorandum of Understanding on Service Delivery to Runaways) as amended effective October 14, 1992
                                                                                                                        [June 3, 1992]. This memorandum of understanding between the Texas Juvenile Probation Commission (TJPC) and TDPRS
                                                                                                                          [PRS] provides for TJPC and TDPRS
                                                                                                                            [PRS] coordination of services to runaway children at the community level. (b) Under Texas Civil Statutes, Article 4413 (503) historical note (Vernon Supplement 1993), all functions, programs, and activities related to the Texas Department of Human Service's (TDHS's) child protective services program have been transferred from TDHS to TDPRS. Because the memorandum of understanding (MOU) specified in subsection (a) of this section pertains to services that TDPRS has agreed to provide on behalf of TDHS and to activities that have been transferred from TDHS to TDPRS, TDPRS has assumed responsibility for the services and activities assigned to TDHS in the MOU. For these reasons, 37 TAC sec.341.21 is adopted by TDPRS instead of TDHS. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt. Issued in Austin, Texas, on March 15, 1993. TRD-9317675 Nancy Murphy Agency Liaison, Policy and Document Support Texas Department of Protective and Regulatory Services Proposed date of adoption: March 15, 1993 For further information, please call: (512) 450-3765