Adopted Sections An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 4. AGRICULTURE Part I. Texas Department of Agriculture Chapter 17. Marketing and Development Division Livestock Export Facilities 4 TAC sec.sec.17.30-17.33 The Texas Department of Agriculture adopts an amendment to sec.17.33 and new sec.sec.17.30-17.32, without changes to the proposed text as published in the February 16, 1993, issue of the Texas Register (18 TexReg 997). The amendment and the new rules clarify the provisions relating to the operations, fees, and hours of the livestock export facilities. New sec.17.30 provides a statement of purpose and definitions to be used in these rules. New sec.17.31 provides that the department may use the livestock export facilities for departmental livestock marketing functions, provides for provision of feed for livestock should the consignor fail to do so, provides for payment of fees and for delayed billing of fees, provides that pen managers may detain livestock at the facilities at the request of the consignor, and provides that livestock may be unloaded prior to the arrival of health papers, under certain circumstances. The fees set out in this rule have not changed from those previously in effect. New sec.17.32 clarifies the hours of operation of the facilities and provides methods for the making of special arrangements for operations outside normal working hours. The amendment to sec.17.33 clarifies regulations regarding access to the livestock export facilities. The amendment and new rules will function by providing for more efficient operation of the livestock export facilities. No comments were received regarding adoption of the amendments and new rules. The amendment and new rules are adopted under the Texas Agriculture Code, sec.146.021, which provides the Texas Department of Agriculture with the authority to receive and hold for processing animals transported in international trade, and establish and collect fees for such holding and other expenses; and the General Appropriations Act, House Bill Number 1, 72nd Legislative Session, which encourages the department to set fees for yardage at the department's livestock export facilities at a level that will produce sufficient revenues to equal costs of operation of the facilities. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 6, 1993. TRD-9322629 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: May 28, 1993 Proposal publication date: February 16, 1993 For further information, please call: (512) 463-7583. 4 TAC sec.17.31, sec.17.32 The Texas Department of Agriculture adopts the repeal of sec.17.31 and sec.17.32, without changes to the proposed text as published in the February 16, 1993, issue of the Texas Register (18 TexReg 998). Section 17.31 and sec.17.32 are repealed and replaced by new sec.17.31 and sec.17.32, which clarify the provisions relating to the operations, fees, and hours of the livestock export facilities. New sec.17.31 provides that the department may use the livestock export facilities for departmental livestock marketing functions, provides for provision of feed for livestock should the consignor fail to do so, provides for payment of fees and for delayed billing of fees, provides that pen managers may detain livestock at the facilities at the request of the consignor, and provides that livestock may be unloaded prior to the arrival of health papers, under certain circumstances. The fees set out in this section have not changed from those previously in effect. New sec.17.32 clarifies the hours of operation of the facilities and provides methods for the making of special arrangements for operations outside normal working hours. The new sections will function by providing for more efficient operation of the livestock export facilities. No comments were received regarding adoption of the repeals. The repeals are adopted under the Texas Agriculture Code, sec.146.021, which provides the Texas Department of Agriculture with the authority to receive and hold for processing animals transported in international trade, and establish and collect fees for such holding and other expenses; and the General Appropriations Act, House Bill Number 1, 72nd Legislative Session, which encourages the department to set fees for yardage at the department's livestock export facilities at a level that will produce sufficient revenues to equal costs of operation of the facilities. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 6, 1993. TRD-9322630 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: May 28, 1993 Proposal publication date: February 16, 1993 For further information, please call: (512) 463-7583 TITLE 19. EDUCATION Part II. Texas Education Agency Chapter 75. Curriculum Subchapter J. Driver Education 19 TAC sec.sec.75.311-75.320 The Texas Education Agency (TEA) adopts amendments to sec. sec.75.311-75.320, concerning driver education. Section 75.316 is adopted with changes to the proposed text as published in the March 30, 1993, issue of the Texas Register (18 TexReg 1993). Sections 75.311-75.315 and 75.317-75.320 are adopted without changes and will not be republished. The amendments are necessary to update the sections to correspond with Chapter 176 of this title (relating to Driver Training Schools). The change to sec.75.316(a) restricts the amount of time a driver education teacher may provide in-car instruction to a maximum of eight hours per day. The change to sec.75.316(b) requires that a minimum of two students must be in the car during in-car instruction. The amendments: allow a student to receive, per day, two 30-minute sessions or one 60-minute session, at the discretion of the teacher of behind-the-wheel in- car instruction; allow in-car instruction to be provided for a minimum of two students when it is not practical to instruct more than two students or a hardship would result if scheduled instruction is not provided; and require schools to employ at least one driver education supervising teacher to supervise driver education teaching assistants. The amendments are based on input from a statewide driver education curriculum review committee. The following commentators expressed concern that limiting driver education instructors to eight hours of instruction per day, inclusive of all subjects, would be detrimental to after-school driver education programs: Region IV Education Service Center (ESC); Region VI ESC; Region X ESC; Sears Driving School, Arlington; Road Runner Driving School, Amarillo; Spring Branch Independent School District (ISD); Dallas ISD; Navasota ISD; Conroe ISD; Tyler ISD; New Braunfels ISD; North East San Antonio ISD; and El Paso Community College. The TEA agreed with the comments and changed the section to restrict only the amount of time a driver education teacher may provide in-car instruction. The Driving School Association of Texas spoke in favor of the amendments. The amendments are adopted under the Texas Education Code, sec.21.101, which authorizes the State Board of Education (SBOE) to designate subjects and the essential elements of each subject that comprise a well-balanced curriculum; and sec.21.102, which authorizes the SBOE to develop a program of organized instruction in driver education and traffic safety for public school students, and authorizes the commissioner of education, with the approval of the SBOE, to establish standards for the certification of professional and paraprofessional personnel who conduct driver education programs in public schools. sec.75.316. Instructor Hours, Class Size, and Age Level. (a) A driver education instructor may not teach more than eight hours of in- car instruction per day. (The limit of eight hours applies in all approved programs, regardless of the number of schools involved.) (b) No more than 36 students may be enrolled in a driver education class. In addition, a minimum of two students must be in the car during in-car instruction. (c) Driver education instruction is limited to eligible students who are at least 14 years of age when the driver education classroom phase begins and who will be 15 years of age or older when the classroom phase ends. A student certified by the Texas Department of Public Safety (DPS) as eligible for a minor's restricted driver's license shall not be required to be 15 when the classroom phase ends. In all cases, a student must be 15 years of age before commencing behind-the-wheel driving instruction. (d) In-car instruction given on public roadways is limited to students who have an instruction permit or driver's license issued by the DPS for the type of vehicle being driven. (e) A student may be dropped from the driver education class for violating any Texas motor vehicle laws. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9322688 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 31, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 463-9701 Chapter 89. Adaptations for Special Populations Subchapter G. Special Education Clarification of Provisions in Federal Regulations and State Law 19 TAC sec.89.239 The Texas Education Agency (TEA) adopts an amendment to sec.89.239, concerning special program provisions, with changes to the proposed text as published in the March 30, 1993, issue of the Texas Register (18 TexReg 1996). Local school districts are responsible for sharing the cost of an appropriate special education program being provided to students enrolled at the Texas School for the Blind and Visually Impaired or the Texas School for the Deaf whose parents reside in the district. A local school district's share of the cost per student is equivalent to the district's local tax effort per student. Currently that cost is computed by TEA, deducted from payments made to the district from the Foundation School Fund, and transferred appropriately to the two schools. Budget-balanced school districts, however, are not entitled to payments from the Foundation School Fund during the 1992-1993 school year; therefore, TEA cannot deduct the computed local share from those districts. The amendment allows TEA to deduct from the Available School Fund allotment of budget-balanced districts the computed cost to be transferred to the Texas School for the Blind and Visually Impaired or the Texas School for the Deaf. The changes to sec.89.239(c)(3) clarify two things: that TEA authority to deduct these costs takes effect beginning with the 1993-1994 school year; and that a school district may choose to pay the costs directly. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Education Code, sec.21.507(f), which authorizes the State Board of Education (SBOE) to adopt rules as necessary to implement statutory requirements concerning support of students referred to the Texas School for the Blind and Visually Impaired or the Texas School for the Deaf. sec.89.239. Other Special Program Provisions. (a) Under the Texas Education Code (TEC), sec.11.052, local school districts, in cooperation with education service centers when appropriate, shall provide specialized services to students with visual handicaps. (b) Local school districts may have access to services at the Texas School for the Blind and Visually Impaired and Texas School for the Deaf according to criteria established by the respective schools. (c) For each student enrolled in the Texas School for the Blind and Visually Impaired or Texas School for the Deaf, the school district responsible for providing appropriate special education services to the student shall share the cost of the student's education (excluding the summer programs) as provided under the TEC, sec.21. 507(b)(c). (1) Each school district and state school shall submit necessary information that is not available to the Texas Education Agency (TEA) in order to determine the district's share of the student's educational costs. The information must be submitted in a form prescribed by the commissioner within 30 calendar days after the student enrolls in the Texas School for the Blind and Visually Impaired or Texas School for the Deaf. (2) The TEA will make deductions from the school district's regularly scheduled foundation school program fund payments and make payments to the Texas School for the Blind and Visually Impaired or Texas School for the Deaf according to an established schedule. (3) Beginning with the 1993-1994 school year, if the agency cannot make the deductions required by this section from a district's foundation school program payments, the deductions shall be made from the available school fund payments to the district. A district shall indicate whether it will make a direct payment or authorize the TEA to deduct the appropriate amount from the available school fund payment. (d) School districts shall provide each parent or legal guardian of an eligible student with visual or auditory handicaps the following written information before considering the student's placement for special education services: (1) the availability of programs offered by the Texas School for the Blind and Visually Impaired or Texas School for the Deaf for which the student may be eligible; (2) the eligibility requirements and admission criteria for the Texas School for the Blind and Visually Impaired or Texas School for the Deaf; and (3) the rights of students regarding admission to the Texas School for the Blind and Visually Impaired or Texas School for the Deaf and appeals of admission decisions. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9322689 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 31, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 463-9701 Chapter 137. Professional Educator Preparation and Certification Subchapter A. Educator Preparation Accountability System 19 TAC sec.137.5 The Texas Education Agency (TEA) adopts amendments to sec. sec.137.5, 137. 195, and 137.304; and new sec.sec.137.200, 137.319, 137.411-137.414, 137.431- 137. 438, 137.461-137.463, 137.481-137.484, 137.501-137.512, 137.531, 137.532, 137. 551-137.560, and 137.581-137.587, concerning professional educator certification. Section 137.501 and sec.137.552 are adopted with changes to the proposed text as published in the March 30, 1993, issue of the Texas Register (18 TexReg 1997). Sections 137.5, 137.195, 137.200, 137.304, 137. 319, 137.411- 137.414, 137.431-137.438, 137.461-137.463, 137.481-137.484, 137. 502-137.512, 137.531, 137.532, 137.551, 137.553-137.560, and 137.581-137.587 are adopted without changes and will not be republished. The amendments and new sections are adopted in accordance with the sunset review process mandated by Senate Bill 1, 71st Legislature. The amendments and new sections contain the revised content of Chapter 141 of this title (relating to Teacher Certification), which is being repealed in a separate submission. The change to sec.137.501(b) clarifies permit requirements that apply to a degreed, certified teacher who was employed by a district in the previous year or semester in an assignment for which he or she was fully certified. The change to sec.137.552 deletes an erroneous reference to the Texas public education compensation plan. The sunset review process will result in a clearer, more concise statement of the rules relating to professional educator certification. The following comments were received regarding adoption of the amendments and new sections. Comment: An individual praised establishment of revised provisions for activation of permits including stipulation of semester hour requirements in certain areas. The individual raised a concern that the provisions of sec.137. 501(a)(2), relating to permits, might create a problem with smaller school districts. Agency response: The comments were accepted and the individual was advised that representatives of the Texas Association of Community Schools participated in drafting the proposed language related to permits. Comment: A number of comments were received recommending retention of existing permit rules or other provisions which would uphold a district's ability to reassign staff and ensure adequate availability of teachers to provide diverse curriculum offerings. Among those offering comments supporting these positions were representatives of the Texas Association of School Boards, Texas Association of School Administrators, and Texas Association of School Personnel Administrators as well as individuals representing the Austin, East Central (San Antonio),and San Saba Independent School Districts. Agency response: The agency worked in collaboration with representatives of these organizations as well as representatives of the major professional teacher organizations to craft acceptable language for rules regarding permit activation. Comment: A number of comments received were critical of the existing permit process, but praised the proposed language in sec.137.501 requiring a district to obtain the written consent of a degreed, certified teacher before the teacher may be reassigned to an area requiring the district to activate a permit. These comments also supported the provision prohibiting a district from taking adverse employment against a degreed, certified teacher who refused assignment on the basis of a permit. Among those submitting comments supporting these issues were representatives of the Association of Texas Professional Educators, Texas Classroom Teachers Association, Texas State Teachers Association, and American Federation of Teachers. Agency response: The agency worked in collaboration with representatives of these organizations as well as representatives of school management organizations to craft acceptable language for rules regarding permit activation. Comment: An individual representing the Texas Counseling Association raised a concern with the certification requirements for certain professional service positions as stated in sec.sec.137.303, 137.306, 137.307, 137.313, and 137.316, adopted by the State Board of Education (SBOE) in March 1993 as part of the sunset review process. Agency response: The TEA agreed with the comments and in the April 27, 1993, issue of the Texas Register (18 TexReg2785) proposed amendments to these sections stipulating specific degree and experience requirements for certain professional service certificates. The amendments and new sections are adopted under the Texas Education Code, sec.sec.11.26, 13.032-13.039, 13.0321, 13.045-13.052, 13.116, 13.202, 13.211, 13. 501-13.506, and 16.056; and Texas Civil Statutes, Article 6252-13c(a)-(e), which authorize the State Board of Education to promulgate rules concerning professional educator certification. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9322690 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 31, 1993 Proposal publication date: March 30, 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.137.195 The amendment is adopted under the Texas Education Code, sec.sec.11.26, 13. 032-13.039, 13.0321, 13.045-13.052, 13.116, 13.202, 13.211, 13.501-13.506, and 16.056; and Texas Civil Statutes, Article 6252-13c(a)-(e), which authorize the State Board of Education to promulgate rules concerning professional educator certification. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9322691 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 31, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 463-9701 19 TAC sec.137.200 The new section is adopted under the Texas Education Code, sec.sec.11.26, 13.032-13.039, 13.0321, 13.045-13.052, 13.116, 13.202, 13.211, 13.501-13.506, and 16.056; and Texas Civil Statutes, Article 6252-13c(a)-(e), which authorize the State Board of Education to promulgate rules concerning professional educator certification. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9322692 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 31, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 463-9701 Subchapter J. Graduate Education Programs for Professional Certification 19 TAC sec.137.304 The amendment is adopted under the Texas Education Code, sec.sec.11.26, 13. 032-13.039, 13.0321, 13.045-13.052, 13.116, 13.202, 13.211, 13.501-13.506, and 16.056; and Texas Civil Statutes, Article 6252-13c(a)-(e), which authorize the State Board of Education to promulgate rules concerning professional educator certification. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9322693 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 31, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 463-9701 19 TAC sec.137.319 The new section is adopted under the Texas Education Code, sec.sec.11.26, 13.032-13.039, 13.0321, 13.045-13.052, 13.116, 13.202, 13.211, 13.501-13.506, and 16.056; and Texas Civil Statutes, Article 6252-13c(a)-(e), which authorize the State Board of Education to promulgate rules concerning professional educator certification. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9322694 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 31, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 463-9701 Subchapter M. Certification of Educators in General 19 TAC sec.sec.137.411-137.414 The new sections are adopted under the Texas Education Code, sec.sec.11.26, 13.032-13.039, 13.0321, 13.045-13.052, 13.116, 13.202, 13.211, 13.501-13.506, and 16.056; and Texas Civil Statutes, Article 6252-13c(a)-(e), which authorize the State Board of Education to promulgate rules concerning professional educator certification. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9322695 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 31, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 463-9701 Subchapter N. Certificate Issuance Procedures 19 TAC sec.sec.137.431-137.438 The new sections are adopted under the Texas Education Code, sec.sec.11.26, 13.032-13.039, 13.0321, 13.045-13.052, 13.116, 13.202, 13.211, 13.501-13.506, and 16.056; and Texas Civil Statutes, Article 6252-13c(a)-(e), which authorize the State Board of Education to promulgate rules concerning professional educator certification. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9322696 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 31, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 463-9701 Subchapter O. Texas Teacher Certificates Based on Certification and College Credentials from Other States 19 TAC sec.sec.137.461-137.463 The new sections are adopted under the Texas Education Code, sec.sec.11.26, 13.032-13.039, 13.0321, 13.045-13.052, 13.116, 13.202, 13.211, 13.501-13.506, and 16.056; and Texas Civil Statutes, Article 6252-13c(a)-(e), which authorize the State Board of Education to promulgate rules concerning professional educator certification. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9322697 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 31, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 463-9701 Subchapter P. Requirements for Provisional Certificates and Specialized Assignments or Programs 19 TAC sec.sec.137.481-137.484 The new sections are adopted under the Texas Education Code, sec.sec.11.26, 13.032-13.039, 13.0321, 13.045-13.052, 13.116, 13.202, 13.211, 13.501-13.506, and 16.056; and Texas Civil Statutes, Article 6252-13c(a)-(e), which authorize the State Board of Education to promulgate rules concerning professional educator certification. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9322698 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 31, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 463-9701 Subchapter Q. Permits 19 TAC sec.sec.137.501-137.512 The new rules are adopted under the Texas Education Code, sec.sec.11.26, 13. 032-13.039, 13.0321, 13.045-13.052, 13.116, 13.202, 13.211, 13.501-13.506, and 16.056; and Texas Civil Statutes, Article 6252-13c(a)-(e), which authorize the State Board of Education to promulgate rules concerning professional educator certification. sec.137.501. General Provisions. (a) Under this subchapter, a superintendent who cannot secure an appropriately certified and qualified individual to fill a vacant position may activate an emergency permit for an individual who does not have one of the appropriate credentials required for the assignment as specified in sec.143.11 of this title (relating to Requirements for Assignment of School Personnel.) The superintendent must be able to: (1) document the efforts the district has taken to employ a fully certified person in the position for which a permit is activated; (2) verify that the district maintains an adequate support system and has assigned a teacher, certified in and assigned to the same subject or level, to assist the permitted teacher as required. (A district shall not be required to provide a mentor for a degreed, certified teacher assigned on permit status if the teacher has one or more years experience within the district.); and (3) verify that the teacher for whom the permit is activated has been advised of State Board of Education (SBOE) rules regarding permits and permit renewal requirements in this subchapter. (b) The provisions of this subsection apply to a degreed, certified teacher who was employed by a district in the previous year or semester in an assignment for which he or she was fully certified. (1) The teacher may not be assigned to a position that requires activating a permit unless: (A) the teacher has given written consent to the activation of the permit; or (B) because of fluctuations in enrollment or changes in course offerings, the teacher's previous assignment no longer exists and no alternative assignment for which the teacher is fully certified is available on that campus. If a permit is activated for a teacher under these circumstances, the teacher shall be offered the opportunity to return to his or her previous assignment or an alternative assignment for which the teacher is fully certified on that campus as soon as such an assignment is available. If a teacher accepts the assignment, the actual transfer of duties shall occur not later than the beginning of the next academic year. (2) If a permit under this subsection is activated for a temporary staffing condition within 30 days of the opening of the school year or later during the contract year, the teacher is exempt from the requirement to complete additional coursework or examination requirements for certification for the remainder of the contract year for which the permit is activated. This exemption is not renewable, and a teacher continuing on an emergency permit for a second year must meet the full requirements of an emergency permit. A teacher who refuses to consent to activation of a permit under this subsection may not be terminated or nonrenewed or otherwise retaliated against because of the teacher's refusal to consent to the activation of the permit. However, a teacher's refusal to consent shall not impair a district's right to implement a necessary reduction in force or other personnel actions in accordance with local district policy. The appraisal of a teacher assigned full time on the basis of a permit shall not be used to lower a teacher's career ladder placement. (c) An appropriately certified applicant who was not employed for a position that was filled by an individual for whom a permit was activated may appeal the employment decision of the local school board directly to the commissioner of education. (d) A permit is authorized for the school district for a specific assignment and is not the property of the individual for whom the permit was activated. (e) If a permit authorized by the Texas Education Agency (TEA) is not used, the school district shall notify the appropriate education service center (ESC) in writing. (f) A permit may be authorized on a hardship basis for an individual who does not meet all permit requirements only if approval has been granted and written notification received from the commissioner of education or a designated representative. The district must: (l) document local conditions requiring the assignment of an individual who does not meet permit requirements; (2) verify that the deficiencies for the certificate sought do not exceed 36 semester hours; and (3) verify that the individual will be enrolled in the first available course listed on the deficiency plan. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9322699 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 31, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 463-9701 Subchapter R. Record of Certificates 19 TAC sec.137.531, sec.137.532 The new sections are adopted under the Texas Education Code, sec.sec.11.26, 13.032-13.039, 13.0321, 13.045-13.052, 13.116, 13.202, 13.211, 13.501-13.506, and 16.056; and Texas Civil Statutes, Article 6252-13c(a)-(e), which authorize the State Board of Education to promulgate rules concerning professional educator certification. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9322700 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 31, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 463-9701 Subchapter S. Paraprofessional Certification 19 TAC sec.sec.137.551-137.560 The new rules are adopted under the Texas Education Code, sec.sec.11.26, 13. 032-13.039, 13.0321, 13.045-13.052, 13.116, 13.202, 13.211, 13.501-13.506, and 16.056; and Texas Civil Statutes, Article 6252-13c(a)-(e), which authorize the State Board of Education to promulgate rules concerning professional educator certification. sec.137.552. Procedures in General. (a) School district administrators have the authority and responsibility to determine the number of paraprofessionals and level of job performance desired for the operation of the school district's program. They are also responsible for preparing accurate job descriptions for each assignment, classifying each assignment, and filling these assignments with qualified personnel according to the Texas Education Code (TEC), sec.16.056(g), and this subchapter. (b) Each individual employed as an educational aide or educational secretary by a school district for the 1979-1980 school year will be safeguarded. A certificate will be issued for the level of assignment the individual held in 1979-1980. (c) All paraprofessional certificates shall be permanent. (d) An appropriate certificate shall be issued to a qualified individual who is recommended by an employing superintendent or other authorized representative of the district. The school district shall submit the following materials to the Texas Education Agency (TEA) division responsible for teacher certification: (1) an accurately completed application and recommendation for an educational aide or educational secretary; and (2) the designated fee. (e) An individual with paraprofessional experience in other states must have that experience verified on a teacher service record when he or she is employed in a Texas school district. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9322701 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 31, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 463-9701 Subchapter T. Reprimand, Suspension, Cancellation, and Reinstatement of Certificates 19 TAC sec.sec.137.581-137.587 The new sections are adopted under the Texas Education Code, sec.sec.11.26, 13.032-13.039, 13.0321, 13.045-13.052, 13.116, 13.202, 13.211, 13.501-13.506, and 16.056; and Texas Civil Statutes, Article 6252-13c(a)-(e), which authorize the State Board of Education to promulgate rules concerning professional educator certification. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9322702 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 31, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 463-9701 Chapter 141. Teacher Certification The Texas Education Agency (TEA) adopts the repeal of sec. sec.141.1-141.3, 141.5, 141.21-141.27, 141.41, 141.43, 141.44, 141.61-141.64, 141.81-141.83, 141.101-141.103, 141.121, 141.122, 141.141, 141.142, 141.162, 141.163, 141. 181- 141.186, 141.211-141.217, 141.241-141.250, 141.271-141.275, 141.291-141. 300, 141.321-141.327, 141.341, 141.342, 141.361-141.370, 141.421, 141.431, 141. 434, 141.441-141.443, and 141.451-141.455, concerning teacher certification, without changes to the proposed text as published in the March 30, 1993, issue of the Texas Register (18 TexReg 2018). The chapter is being repealed in accordance with the sunset review process mandated by Senate Bill 1, 71st Legislature. The revised content of this chapter is being merged with Chapter 137 of this title (relating to Professional Educator Preparation and Certification). The review process will result in a clearer, more concise statement of the rules relating to teacher certification. No comments were received regarding adoption of the repeals. Subchapter A. Certification of Teachers in General 19 TAC sec.sec.141.1-141.3, 141.5 The repeals are adopted 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. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9322703 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 31, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 463-9701 Subchapter B. Certificate Issuance Procedures 19 TAC sec.sec.141.21-141.27 The repeals are adopted 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. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9322704 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 31, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 463-9701 Subchapter C. Foreign Exchange Teachers 19 TAC sec.sec.141.41, 141.43, 141.44 The repeals are adopted 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. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9322705 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 31, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 463-9701 Subchapter D. Certificate For Teacher of Young Children, Ages Three Through Eight 19 TAC sec.sec.141.61-141.64 The repeals are adopted 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. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9322706 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 31, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 463-9701 Subchapter E. Elementary Certificate 19 TAC sec.sec.141.81-141.83 The repeals are adopted 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. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9322707 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 31, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 463-9701 Subchapter F. Junior High and High School Certificates 19 TAC sec.sec.141.101-141.103 The repeals are adopted 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. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9322708 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 31, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 463-9701 Subchapter G. Vocational Education Certificates 19 sec.141.121, sec.141.122 The repeals are adopted 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. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9322709 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 31, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 463-9701 Subchapter H. Special Subject All-Level Certificates 19 TAC sec.141.141, sec.141.142 The repeals are adopted 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. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9322710 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 31, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 463-9701 Subchapter I. Requirements For Special Education Certificates 19 TAC sec.141.162, sec.141.163 The repeals are adopted 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. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9322711 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 31, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 463-9701 Subchapter J. Requirements For Issuance of Texas Certificates Based on Certificates and College Credentials From Other States 19 TAC sec.sec.141.181-141.186 The repeals are adopted 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. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9322712 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 31, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 463-9701 Subchapter K. Endorsements 19 TAC sec.sec.141.211-141.217 The repeals are adopted 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. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9322713 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 31, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 463-9701 Subchapter L. Certification For Special Service Positions 19 TAC sec.sec.141.241-141.250 The repeals are adopted 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. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9322714 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 31, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 463-9701 Subchapter M. Eligibility For Certification During Certificate Transition Period 19 TAC sec.sec.141.271-141.275 The repeals are adopted 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. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9322715 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 31, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 463-9701 Subchapter N. Emergency Teaching Permits, Special Assignment Permits, and Temporary Classroom Assignment Permits 19 TAC sec.sec.141.291-141.300 The repeals are adopted 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. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9322716 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 31, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 463-9701 Subchapter O. Reprimand, Suspension, Cancellation, and Reinstatement of Certificate 19 TAC sec.sec.141.321-141.327 The repeals are adopted 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. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9322717 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 31, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 463-9701 Subchapter P. Record of Certificates 19 sec.141.341, sec.141.342 The repeals are adopted 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. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9322718 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 31, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 463-9701 Subchapter Q. Paraprofessional Certification 19 TAC sec.sec.141.361-141.370 The repeals are adopted 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. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9322719 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 31, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 463-9701 Subchapter S. Testing Program General Provisions 19 TAC sec.141.421 The repeal is adopted 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. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9322720 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 31, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 463-9701 Basic Skills Test Required for Admission to Teacher Education Program 19 TAC sec.141.431, sec.141.434 The repeals are adopted 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. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9322721 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 31, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 463-9701 Tests Required For Initial Certification and/or Continued Certification 19 TAC sec.sec.141.441-141.443 The repeals are adopted 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. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9322722 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 31, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 463-9701 Subchapter T. Requirements For Provisional Certificates and Specialized Assignments or Programs 19 TAC sec.sec.141.451-141.455 The repeals are adopted 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. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9322723 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 31, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 463-9701 Chapter 143. Assignment of Personnel The Texas Education Agency (TEA) adopts the repeal of sec.143.1 and sec.143. 11, concerning assignment of personnel, without changes to the proposed text as published in the March 30, 1993, issue of the Texas Register (18 TexReg 2023). The chapter is being repealed in accordance with the sunset review process mandated by Senate Bill 1, 71st Legislature. A new Chapter 143 is being adopted in a separate submission. The review process will result in a clearer, more concise statement of the rules relating to assignment of personnel. No comments were received regarding adoption of the repeals. Subchapter A. General Provisions 19 TAC sec.143.1 The repeal is adopted 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. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9322724 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 31, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 463-9701 Subchapter A. General Provisions The Texas Education Agency (TEA) adopts new sec.143.1 and sec.143.11, concerning assignment of personnel, with changes to the proposed text as published in the March 30, 1993, issue of the Texas Register (18 TexReg 2024). The new rules are adopted in accordance with the sunset review process mandated by Senate Bill 1, 71st Legislature. The rules establish credential requirements for school personnel and minimum teaching duties. The new rules also provide for increased flexibility in assigning public school educators. The change to sec.143.1 corrects an erroneous cross-reference to sec.149.71 of this title (relating to Assignment to the Teacher Career Ladder). The changes to the chart titled "Assignment of School Personnel" clarify the requirements for assignment of personnel to secondary business and vocational office education courses and remove reference to the student services specialist. The sunset review process will result in a clearer more concise statement of the rules regarding assignment of personnel. The Texas Counseling Association requested clarification regarding the role of a student services specialist as it might relate to the role of the traditional academic counselor. The association's primary concern was that comprehensive, developmental guidance programs not be compromised by the introduction of persons not certified as public school counselors. The State Board of Education removed reference to the student services specialist from the chart titled "Assignment of School Personnel." Board members directed TEA staff to conduct further discussions with all parties concerned and bring a recommendation to the board at a later date. 19 TAC sec.143.1 The new rule is adopted under the Texas Education Code, sec.sec.11.26, 13. 032, and 16.056, which authorizes the State Board of Education to promulgate rules concerning certification of teachers, administrators, and other professional personnel employed in public schools. sec.143.1. Minimum Teaching Duties. (a) A teacher assigned to any of the following positions shall teach in the classroom four hours each day or meet the requirements of sec.149.71(b) of this title (relating to Assignment to the Teacher Career Ladder): (1) teacher, bachelor's degree; (2) vocational teacher, bachelor's degree and/or certified in field; (3) teacher, master's degree; (4) vocational teacher, master's degree; (5) teacher, bachelor of laws or doctor of jurisprudence degree; (6) teacher, doctor's degree; (7) special duty teacher, master's degree. (b) The following requirements shall apply to an individual who directs extracurricular activities. (1) An individual who holds one of the positions listed in subsection (a) of this section must meet the requirements of minimum teaching duties in that subsection. (2) A coach or athletic director assigned to a nonteaching position who instructs students during the regular school day must meet the requirements of minimum teaching duties in subsection (a) of this section or be approved by the commissioner of education under subsection (c) of this section. (3) An individual assigned to a nonteaching position not listed in subsection (a) of this section must meet the requirements for certification and/or assignment for that position. (c) An individual, other than a coach or athletic director, assigned to a position as a superintendent, principal, assistant principal, part-time principal, counselor, supervisor, or instructional officer I-VIII who is appropriately certified or meets assignment requirements may teach one or more classes based on local district needs and goals. Any other full-time employee who teaches at least one class must teach four classes or receive written approval from the commissioner of education for another assignment plan. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9322725 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 31, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 463-9701 Subchapter B. Assignment Requirements 19 TAC sec.143.11 The repeal is adopted 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. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9322726 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 31, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 463-9701 19 TAC sec.143.11 The new rule is adopted under the Texas Education Code, sec.sec.11.26, 13. 032, and 16.056, which authorizes the State Board of Education to promulgate rules concerning certification of teachers, administrators, and other professional personnel employed in public schools. sec.143.11. Requirements for Assignment of School Personnel. (a) An individual who holds a valid certificate based on successful completion of the appropriate examination requirements specified in Chapter 137 of this title (relating to Professional Educator Preparation and Certification), met the assignment requirements in effect for a subject, and was assigned to teach that subject before September 1, 1989, shall remain eligible to teach the subject. An individual who met the assignment requirements and was assigned to teach reading improvement, reading, or advanced reading before September 1, 1990, shall remain eligible to teach that subject. (b) The preparation of teachers assigned to Grades 6-8, which are organized on a self-contained basis, shall comply with the standards for elementary teachers. A self-contained class shall be defined as a class that is taught by one teacher for at least 50% of the school day. (c) An elementary certificate may be appropriate for teaching high school students if the level of instruction is comparable to that in elementary grades. When such an assignment is made, course outlines must be maintained in the school district files. (d) All professional personnel employed in federally funded programs and innovative programs must have the qualifications and meet the assignment requirements specified in subsection (h) of this section. (e) The assignment requirements in this subchapter apply to substitute teachers. If a school district must employ substitute teachers who are not certified, a list of the substitute teachers shall be retained in the school district files. (f) When emergency conditions require, an individual may be assigned under Chapter 137, Subchapter Q of this title (relating to Permits). (g) A public school employee must have the appropriate credentials for his or her current assignment specified in the charts in this section. (h) The rules for credential requirements for assignment of school personnel are described in the chart in this subsection entitled "Assignment of School Personnel." This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 10, 1993. TRD-9322727 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 31, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 463-9701 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 31. Special Supplemental Food Program for Women, Infants, and Children (WIC) 25 TAC sec.31.1, sec.31.3 The Texas Department of Health (department) adopts under federal mandate amendments to sec.31.1 and sec.31.3, concerning the Special Supplemental Food Program for Women, Infants and Children (WIC). Section 31.1 adopts by reference the federal regulations concerning the WIC Program. Section 31.3 adopts by reference the WIC Policy and Procedure Manual as part of the WIC State Plan of Operations which the USDA approves under authority of 7 CFR, Part 246. The manual incorporates all of the requirements of the federal regulations and federal management circulars into state policies and procedures. The manual is provided to and serves as the operating manual for the local health agencies that have contracts with the department to provide WIC services. Concerning sec.31.1, the amendments to the federal regulations are as follows. The first amendment is to the federal regulations which were initially promulgated by the United States Department of Agriculture (USDA) and published in 7 Code of Federal Regulations (CFR), Part 246, in February 13, 1985. The first amendment implements the mandates of the Hunger Prevention Act of 1988, sec.212. The purpose of this amendment is to facilitate participation of otherwise eligible homeless persons in the WIC program. This change was pubished in the Federal Register, Volume 57, Number 151 dated Wednesday, August 5, 1992, and became effective on September 4, 1992. The second amendment incorporates the annual update of the Department of Health and Human Services Federal poverty income guidelines to be used by programs in determining the financial eligibility of recipients. The guidelines were published in the Federal Register, Volume 58, Number 55, dated Wednesday, March 24, 1993, and becomes effective on July 1, 1993. Concerning sec.31.3, the amendments to the WIC Policy and Procedure Manual incorporate into the manual new and revised USDA policies, which became effective when the federal regulations and federal circulars became effective, and are incorporated into policies that are approved by USDA. The latest federal requirements which are being incorporated into the Policy and Procedure Manual by the amendments to sec.31.3 cover the following: proof of pregnancy as a certification requirement; adjunctive income eligibility for participants of Aide to Families with Dependent Children (AFDC); food stamps and medicaid; definition of income; Texas WIC income guidelines; documenting lost/stolen food vouchers; vendor evaluations; criteria used for approving grocer/vendor's; authorization/reauthorization; agreement with grocer/vendors; temporary grocer/vendor agreements; home delivery; mobile units; vendor handbook; WIC vendor communications and training; trading stamps; rain checks; food packages/allowable foods; program benefits for homeless individuals; exception formulas for specialized medical needs; participant abuse; reporting of participant abuse; collection for benefits improperly received; vendor abuse; vendor administrative disqualification/termination; substitution of foods by grocers; eligibility of suspected illegal aliens; right of administrative appeal; claims against local agencies; local agency outreach; coordination of program operations; provision of information to WIC applicants; provision of food stamps, AFDC, medicaid, and child support enforcement information to WIC participants; local agency coordination with hospitals; access to appointments; follow-up of pregnant applicants; designation of a local agency WIC director; employee immunization requirements; participant's rights and obligations; fair hearing procedure for applicants/participants; civil rights compliance reviews; local agency processing of participant civil rights complaints; notification of termination/suspension; waiting list recall; preventing and detecting dual participation; local agency self audit and state agency monitoring of clinical operations; fiscal/food delivery systems of local agencies; and WISE cost report, WIC-227A. The amendments are adopted under federal mandate for the following reasons. Under federal and state enabling legislation (The Federal Child Nutrition Act of 1966, Title 42, United States Code, sec.1786; and the Texas Omnibus Hunger Act of 1985, Acts 1985, 69th Legislature, Chapter 150, Title II), the WIC Program is 99% federally funded and governed by federal regulations. Funds are made available to the department by a federal grant. The federal statute (42 USC sec.1786), federal regulations (7 CFR Part 246), and the federal grant (Federal- State Special Supplemental Food Program Agreement) authorize the United States Department of Agriculture (USDA) to make the funds available to the department to administer the WIC Program in the State of Texas, provided that the department administers the program in accordance with the federal regulations. Therefore, the department under federal mandate adopts the amendments on the previously mentioned dates. The amendments are adopted under the following statutes and regulations, which provide the Texas Board of Health with the authority to adopt rules covering the Special Supplemental Food Program for Women, Infants, and Children: Texas Health and Safety Code, sec.12.001; the Texas Omnibus Hunger Act of 1985, Acts 1985, 69th Legislature, Chapter 150, Title II; Texas Human Resources Code, Chapter 33; the Child Nutrition Act of 1966, Title 42, United States Code sec.1786; the Commodity Distribution Reforms Act and WIC amendments of 1987 (Public Law 100- 237); and Title 7, Code of Federal Regulations, Part 246. sec.31.1. Federal Regulations on Special Supplemental Food Program for Women, Infants, and Children (WIC). (a) The Texas Department of Health adopts by reference the United States Department of Agriculture regulations on the Special Supplemental Food Program for Women, Infants, and Children (WIC). These regulations are contained in the Federal Register publication entitled "Special Supplemental Food Program for Women, Infants, and Children" dated February 13, 1985, as amended September 4, 1992 and July 1, 1993. (b)-(c) (No change.) sec.31.3. WIC Policy and Procedure Manual. (a) The Texas Department of Health adopts by reference the publication titled, "WIC Policy and Procedure Manual", which the Department developed, as amended September 1, 1992, October 1, 1992, December 15, 1992, February 1, 1993, and April 1, 1993. (b) (No change.) This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 7, 1993. TRD-9322678 Robert A. MacLean, M.D. Deputy Commissioner Texas Deparment of Health Effective date: May 7, 1993 Proposal publication date: August 11, 1992 For further information, please call: (512) 458-7444 TITLE 28. INSURANCE Part I. Texas Department of Insurance Chapter 5. Property and Casualty Insurance Subchapter M. Filing Requirements 28 TAC sec.5.9302 The State Board of Insurance of the Texas Department of Insurance adopts an amendment to sec.5.9302, without change to the proposed text as published in the February 26, 1993, issue of the Texas Register (18 TexReg 1245). Subsection (h) is amended to modify the definition of equivalent coverage as provided in the Insurance Code, Article 5.13-2, sec.8(e), for policy forms filed by individual insurers for commercial property and general liability insurance and as provided in sec.5.9101(g)(5) for policy forms filed by individual insurers for commercial multi-peril insurance. The amendment is needed to eliminate the specification in the definition of a "large risk" that an engineering or inspection service that meets the standards approved by the Texas Department of Insurance qualifies a risk as a "large risk." The existence of an engineering or inspection service does not indicate a risk is a "large risk." The requirement for this service further provides a loophole for small risks to qualify as "large risks" thereby causing small businesses to lose the protection afforded under the equivalent coverage requirements of Article 5.13- 2, sec.8(e). The amendment changes the definition of equivalent coverage by eliminating the engineering and inspection service as a qualifying factor for a "large risk." The qualifications of a "large risk" will be based only on the limits of liability and/or total premium for the purposes of determining equivalent coverage requirements. The amendment also renumbers the remaining paragraphs (3) and (4) of subsection (h). Only one comment was filed with the Department. The Department received a written comment from the Dallas law firm of Thompson, Coe, Cousins and Irons. The comment raised the concern that previously approved policy forms which have been issued to insureds qualifying under the category being deleted would be affected by the amendment. The Department does not intend any policies issued and in force prior to June 1, 1993 to be affected by the amendment and the Board Order adopting the amendment specifies that the amended section pertains only to those policies issued on and after June 1, 1993. The amendment is adopted pursuant to the Insurance Code, Articles 5.13-2, 5. 81, 5.98 and 1.04(b) and Texas Civil Statutes, Article 6252-13a, sec.4 and sec.5. Article 5.13-2, sec.8(e), requires that policy forms submitted by insurers for approval in general liability lines and commercial property lines must provide coverage equivalent to that provided in the policy forms used for those lines on the effective date of Article 5.13-2. Article 5.81 authorizes the State Board of Insurance to approve forms for multi-peril policies of insurance and to adopt rules to carry out the purposes of that article. Article 5.98 authorizes the State Board of Insurance to adopt reasonable rules that are appropriate to accomplish the purposes of Chapter 5 of the Insurance Code, which regulates rating and policy forms for property and casualty insurance. Article 1.04(b) authorizes the State Board of Insurance to adopt rules in accordance with the laws of this state. Texas Civil Statutes, Article 6252-13a, sec.4 and sec.5, authorize and require each state agency to adopt rules of practice setting forth the nature and requirement of available procedures and to prescribe the procedures for adoption of rules by a state administrative agency. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 6, 1993. TRD-9322563 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Effective date: May 27, 1993 Proposal publication date: February 26, 1993 For further information, please call: (512) 463-6328 Part II. Texas Workers' Compensation Commission Chapter 51. Award of the Board 28 TAC sec.51.65 The Executive Director of the Texas Workers' Compensation Commission adopts new sec.51.56, without changes to the proposed text as published in the March 16, 1993, issue of the Texas Register (18 TexReg 1750). The rule describes requirements for attorneys to prove entitlement to a fee and describes the process the commission will follow in setting the appropriate fee. No comments were received from the public either supporting or opposing the adoption of this rule. The new rule is adopted under Texas Civil Statutes, Article 8307, sec.4(a), which provide the Texas Workers' Compensation Commission (Industrial Accident Board) with the authority to adopt rules necessary to administer the workers' compensation laws, and sec.17.12(b) of Senate Bill 1, Second Called Session, 1989, which delegates authority to the executive director to administer the workers' compensation laws in effect prior to the effective date of the Workers' Compensation Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 7, 1993. TRD-9322674 Susan Cory General Counsel Workers' Compensation Commission Effective date: June 1, 1993 Proposal publication date: March 16, 1993 For further information, please call: (512) 440-3592 Chapter 55. Lump Sum Payments 28 TAC sec.55.5, sec.55.15 The executive director of the Texas Workers' Compensation Commission adopts amendments to sec.55.5 and sec.55.15, without changes to the text as published in the March 16, 1993, Texas Register (18 TexReg 1750). These amendments eliminate use of colored envelopes when the commission responds to the parties. These amendments do not change the procedure or destination of the responses, just the color of the envelopes. No comments either supporting or opposing the proposal were received from the public. The amendments are adopted under Texas Civil Statutes, Article 8307, sec.4(a) , which provide the Texas Workers' Compensation Commission (Industrial Accident Board) with the authority to adopt rules necessary to administer the workers' compensation laws, and sec.17.12(b) of Senate Bill 1, Second Called Session, 1989, which delegates authority to the executive director to administer the workers' compensation laws in effect prior to the effective date of the Workers' Compensation Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 7, 1993. TRD-9322673 Susan Cory General Counsel Workers' Compensation Commission Effective date: June 1, 1993 Proposal publication date: March 16, 1993 For further information, please call: (512) 440-3592 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part III. Texas Youth Commission Chapter 89. Youth Rights and Remedies 37 TAC sec.89.15 The Texas Youth Commission (TYC) adopts an amendment to sec.89.15, concerning rules for reporting and investigating alleged mistreatment of youth committed to TYC, without changes to the proposed text as published in the April 6, 1993, issue of the Texas Register (18 TexReg 2289). The amendment will bring about a more efficient procedure for maintaining adequate supervision of youth committed to TYC. The amendment replaces the term "negligent supervision" with "inadequate supervision" in a list of improper child-care practices. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, sec.61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to the proper accomplishment of its functions. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 7, 1993. TRD-9322654 Ron Jackson Executive Director Texas Youth Commission Effective date: May 28, 1993 Proposal publication date: April 6, 1993 For further information, please call: (512) 483-5244 Chapter 91. Discipline and Control Control 37 TAC sec.91.56 The Texas Youth Commission (TYC) adopts new sec.91.56, concerning a custody and supervision rating (CSR) system, without changes to the proposed text as published in the April 6, 1993, issue of the Texas Register (18 TexReg 2290). The new section will bring about increased safety in TYC facilities. The new rule will be used to assess the level of custody and supervision required to protect the youth and others. No comments were received regarding adoption of the rule. The new rule is adopted under the Human Resources Code, sec.61.034, which provides the Texas Youth Commission with the authority to make rules appropriate to the proper accomplishment of its functions. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 7, 1993. TRD-9322653 Ron Jackson Executive Director Texas Youth Commission Effective date: May 28, 1993 Proposal publication date: April 6, 1993 For further information, please call: (512) 483-5244 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 15. Medicaid Eligibility Subchapter D. Resources 40 TAC sec.15.415 The Texas Department of Human Services (DHS) adopts an amendment to sec.15. 415, without changes to the proposed text as published in the March 23, 1993, issue of the Texas Register (18 TexReg 1847). The amendment is justified to include the Medicaid eligibility resource exclusion of a Medicaid-qualifying trust established for minor children. The amendment will function by preserving settlement funds to cover medical needs once Zebley children reach maturity. No comments were received regarding adoption of the amendment. The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs, and under Texas Civil Statutes, Article 4413 (502), sec.16, which provide the Health and Human Services Commission with the authority to administer federal medical assistance funds. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 6, 1993. TRD-9322583 Nancy Murphy Section Manager Texas Deparment of Human Services Effective date: July 1, 1993 Proposal publication date: March 23, 1993 For further information, please call: (512) 450-3765 Chapter 55. Family Services Subchapter G. Standards 40 TAC sec.sec.55.7001-55.7011 The Texas Department of Human Services (DHS) adopts the repeal of sec.sec.55.7001-55.7011 without changes to the proposed text as published in the March 26, 1993, issue of the Texas Register (18 TexReg 1920). This action repeals all of Chapter 55. Justification of the repeal is to delete obsolete rules. The repeal will function by removing unnecessary and obsolete rules from the Texas Administrative Code. The department received no comments regarding adoption of the repeals. The repeals are adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department to administer public and medical assistance programs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 7, 1993. TRD-9322676 Nancy Murphy Section Manager Texas Department of Human Services Effective date: June 1, 1993 Proposal publication date: March 26, 1993 For further information, please call: (512) 450-3765 Texas Department of Insurance Exempt Filing Notification Pursuant to the Insurance Code, Chapter 5, Subchapter L (Editor's Note: As required by the Insurance Code, Articles 5.96 and 5.97, the Texas Register publishes notices of actions taken by the State Board of Insurance pursuant to Chapter 5, Subchapter L, of the Code. Board action taken under these articles is not subject to the Administrative Procedure and Texas Register Act. These actions become effective 15 days after the date of publication or on a later specified date. The text of the material being adopted will not be published, but may be examined in the offices of the State Board of Insurance, 333 Guadalupe, Austin. ) The State Board of Insurance of the Texas Department of Insurance, at a public hearing held at 10:00 a.m. on May 6, 1993, under Docket Number 1943, in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street, Austin, Texas, adopted the Texas Statistical Plan For Private Passenger Automobile (the "Plan") as proposed by Staff of the Texas Department of Insurance. The Plan implements Article 5.05(a) of the Insurance Code, which requires that the Board develop reasonable statistical plans to be used by each automobile insurer in the recording and reporting of its loss experience and other data in order that the total loss and expense experience of all such insurers may be made available annually. Article 21.69 of the Insurance Code authorizes the Board to contract with any qualified entity to collect historical premium and loss data as defined by the Board and pursuant to statistical plans promulgated or approved by the Board. Staff's petition (Reference Number A-0393-06), was published in the March 30, 1993 issue of the Texas Register (18 TexReg 2127). The State Board of Insurance has jurisdiction over this matter pursuant to the Insurance Code, Articles 5.05, 5.96, and 21.69. The Plan as adopted by the State Board of Insurance is filed with the Chief Clerk under Reference Number A-0393-06 and is incorporated by reference by Board Order Number 60321. This notification is made pursuant to the Texas Insurance Code, Article 5. 96, which exempts it from the requirements of the Administrative Procedure and Texas Register Act. Consistent with the Texas Insurance Code, Article 5.96(h), prior to the effective date of this action, the Board will notify all insurers writing private passenger automobile insurance. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 6, 1993. TRD-9322616 Linda K. von Quintus-Dorn Chief Clerk Texas Department of Insurance Effective date: May 29, 1993 Proposal publication date: March 30, 1993 For further information, please call: (512) 463-6327