19 TAC §§230.501-230.507
The State Board for Educator Certification proposes amendments
to §§230.501-230.507, concerning Permits.
The various types of permits, the procedures for requesting permits, and
the renewal of permits are currently contained in 19 TAC Chapter 230, Subchapter
Q, Permits. The permit process is designed to allow districts to place an
individual in a position for which they are not certified when the district
cannot find an appropriately certified educator. The district must document
that it has not been able to hire a certified educator and that the non-certified
individual will have a support system, including a mentor. The individual
must have a deficiency plan from an educator preparation program that leads
to issuance of the appropriate certificate for the assignment. The Emergency
Permit (Certificate) is valid for one year with the possibility of two one-year
renewals. Districts request the permits through the certification officer
located at each education service center. The permit is the property of the
requesting district and is not transferable to another district. When an individual
serving on a permit moves from the original district to another district,
the receiving district must request a new permit for that individual. However,
the validity period for the individual on a permit is cumulative in that the
time spent in each district is used for the total validity period of the permit.
An amendment to Subchapter Q was adopted by the Board on January 9, 1998
adding §230.512 Emergency Certificates. This amendment aligned the terminology
used in Subchapter Q, Permits, with the terminology contained in TEC §21.041(b)(2).
The Board has discussed several issues in previous meetings: (1) documentation
required by the superintendent to support the request, (2) adequate support
structure for the teacher, (3) notification of parents, (4) types of emergency
certificates, (5) who should serve on an emergency certificate, (6) enforcement
of the rule, and (7) flexibility in the rule.
At the Board's September 4, 1998 meeting, a Proposed New Chapter 243 (relating
to Emergency Certificates) was discussed. Although the proposed chapter addressed
issues previously discussed by the Board, concerns were expressed over the
impact on school districts by trying to change the process all at once. The
Board asked staff to identify the components that should be addressed in the
near future and consider only amending Subchapter Q.
At the Board's November 6, 1998, meeting, a proposed amendment to Chapter
230, Subchapter Q (relating to Permits) was provided for discussion. The Board
heard public testimony and discussed the proposed amendments. After the discussion,
the Board asked staff to bring the proposed amendments back for the January
meeting to allow Board members more time to study the proposed amendments
along with the public testimony.
Based on the Board's discussion and the public testimony, staff has revised
Subchapter Q to ensure consistency and to provide clarity. Comments and concerns
from the Board's discussions and the public testimony have been incorporated
into the chart and identified in Subchapter Q as appropriate. In addition,
the permit nomenclature in Subchapter Q has been revised to be in line with
the terminology used by the Texas Education Agency. For example, "Career and
Technology" is now used in lieu of "Vocational"; consequently, Subchapter
Q is revised accordingly.
Pamela B. Tackett, Executive Director, State Board for Educator Certification,
has determined that for the first five-year period the rules are in effect
there may be fiscal implications for state or local government if funding
is provided for memberships. Districts will realize increased costs due to
the new provisions related to mentoring requirements.
Ms. Tackett also has determined that for each year of the first five years
the rules are in effect the public benefit anticipated as a result of enforcing
the rules will be to ensure consistency and to provide clarity. There will
be no effect on small businesses. Other than school districts, there are no
anticipated economic costs to persons who are required to comply with the
rules as proposed.
Comments on the proposal may be submitted to Stephanie A. Korcheck, Director
of Policy and Planning, State Board for Educator Certification, 1001 Trinity
Street, Austin, Texas 78701-2603.
The amendments are proposed under the Texas Education Code (TEC)
§21.041(b)(2), which requires the State Board for Educator Certification
to propose rules that specify the classes of certificates to be issued, including
emergency certificates.
No other statutes, articles or codes are affected by the proposed amendments.
§230.501.General Provisions.
(a)
In accordance with the provisions of this
subchapter, emergency permits are issued under the authority of the State
Board for Educator Certification (SBEC). The Board has delegated to regional
education service centers the authority to receive applications and process
emergency permits.
(b)
[
(a)
] Under this subchapter, a superintendent
or designee
who cannot secure an appropriately certified and qualified
individual to fill a vacant position may activate an emergency permit for
an individual who does not have one of the appropriate credentials required
for the assignment as specified in Subchapter U of this chapter (relating
to Assignment of Public School Personnel). The superintendent
or designee
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)
apply for an emergency permit by
submitting the required documentation to the appropriate education service
center (ESC) when a vacant position is filled with an uncertified or inappropriately
certified individual who will serve as the teacher of record or serve in the
assignment for more than 30 consecutive instructional days. The application
must be submitted within 45 instructional days of the date of assignment.
(3)
[
(2)
] verify that the district
maintains [
an adequate
] a support system, [
and
] has
assigned a
mentor, and will provide release time as needed to assist
the individual serving on an emergency permit.
[
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 creditable years experience within the district, as defined in
Subchapter Y of this Chapter (relating to Definitions)); and
(4)
[
(3)
] verify that the teacher
for whom the permit is activated has been advised of State Board for Educator
Certification (SBEC) rules regarding permits and permit renewal requirements
in this subchapter.
(c)
[
(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.
(d)
[
(c)
] 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)
[
(d)
] If a permit authorized by
the SBEC is not used, the school district shall notify the appropriate education
service center (ESC) in writing.
(f)
[
(e)
] A permit may be authorized
on a hardship basis for an individual who does not meet all permit requirements
as listed in §230.503(1), §230.504, and §230.506 of this title
(relating to General Eligibility Requirements for Emergency Permits, Specific
Requirements for Initial Emergency Permits and Renewal Requirements)
only if approval has been granted and written notification received from the
SBEC or 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.
(g)
The district is not required to comply
with the requirements of this subchapter if an uncertified individual is assigned
for a certified teacher that will be absent for more than 30 consecutive instructional
days due to documented health related reasons and has expressed the intention
to return to the assignment. The district must comply with §230.532(c)
of this title (relating to Required Parent Notification of Noncertified Teachers).
§230.502.Validity of Emergency Permits.
(a)
The validity dates of emergency permits activated and authorized
under this subchapter are specified in §230.434 of this title (relating
to Effective Dates of Certificates and Permit Issuance).
(b)
An emergency permit is valid for the remainder of the school
year for which it is activated and authorized by the State Board for Educator
Certification (SBEC). The emergency permit must be submitted to the appropriate
education service center (ESC) within
45 instructional
[
60
] days from the date of assignment.
(c)
An emergency permit authorized by the SBEC is valid for
service only in the requesting school district and only for the assignments
indicated on the permit application.
(d)
The employment of an individual on the basis of an emergency
permit may not exceed three years in the same assignment. An individual may
serve in a specific assignment no more than two additional school years beyond
the initial emergency permit. To continue beyond the initial permit year,
the individual must comply with the renewal provisions specified in §230.506
of this title (relating to Renewal Requirements).
To continue employment
in the assignment beyond the validity of the emergency permit, the individual
must hold the appropriate certificate. An individual may not serve as a classroom
teacher of record in the Texas public schools for more than three school years,
without obtaining initial, standard certification.
§230.503.General Eligibility Requirements for Emergency Permits.
An individual for whom an emergency permit is activated must meet the
following criteria.
(1)
The individual must hold a bachelor's degree from an accredited
institution of higher education.
(A)
For a
career and technology
[
vocational
] assignment requiring certification based on both a bachelor's degree
and experience in the occupational area to be taught, the individual must
have completed the degree requirement and have specified work experience.
[
(B)
An individual who does not hold a bachelor's
degree must have a college deficiency plan submitted on the appropriate State
Board for Educator Certification (SBEC) form verifying that the deficiencies
required for the degree and certificate sought do not exceed 36 semester hours.
]
(B)
[
(C)
] For certain
career and
technology
[
vocational
] assignments requiring certification
based on skill and experience, the individual must have specified work experience
in lieu of a degree.
(2)
The individual must be at least 18.
(3)
The individual must be able to speak and understand
the English language sufficiently to use it easily and readily in conversation
and teaching.
[(4)]
The individual must be of good moral
character. [
The SBEC may refuse to authorize an emergency permit for
a person who has been convicted of a felony or misdemeanor crime that directly
relates to the duties and responsibilities of the teaching profession. See
§230.414 of this title (relating to Teaching Certificates for Persons
with a Criminal Background).
]
(4)
The SBEC may refuse to authorize
an emergency permit for a person who has been convicted of a felony or misdemeanor
crime that directly relates to the duties and responsibilities of the teaching
profession.
§230.504.Specific Requirements for Initial Emergency Permits.
(a)
General Provisions. An individual for whom an emergency
permit is activated must:
(1)
have completed the appropriate semester hours
or equivalent
contact hours
required for the permit sought as specified in this section;
or, for degreed, certified teachers, have passed the appropriate content specialization
portions of the Examination for the Certification of Educators in Texas (ExCET)
required for the target certificate; and
(2)
have satisfied the appropriate experience requirement
specified in this section for the permit sought.
(b)
Assignments to elementary grades (regular students).
(1)
Self-contained classroom, Grades 1-6. The individual must
have completed 12 semester hours in a combination of subjects directly related
to the elementary curriculum, or 12 semester hours in elementary education,
or any combination of these areas of study.
(2)
Self-contained classroom, prekindergarten-kindergarten.
(A)
An individual who is not certified must have completed
12 semester hours emphasizing instructional areas for early childhood education.
(B)
An individual who is certified must hold an elementary,
special education, or vocational home economics certificate (degree required).
(3)
Foreign language in the elementary grades.
(A)
An individual must have current secondary certification
with a teaching field in the language to be taught.
(B)
An individual must have completed six semester hours of
elementary education before the assignment is continued.
(C)
Continued assignment must be documented on the individual's
teacher service record.
(D)
Requirements specified in §230.506 of this subchapter
(relating to Renewal Requirements) do not apply to this assignment.
(c)
Assignments to secondary grades (regular students).
(1)
An emergency permit may be activated for an individual
not certified at the secondary level provided the individual has completed:
(A)
24 semester hours in the subject to be taught; or
(B)
24 semester hours toward a composite teaching field appropriate
for the assignment, including at least six semester hours in the subject to
be taught.
(2)
A temporary classroom assignment permit (TCAP)
may be activated for a teacher certified at the secondary level assigned to
a subject area not covered by the certificate. The district is not required
to file the TCAP with the State Board for Educator Certification (SBEC) or
appropriate education service center (ESC). The TCAP must be maintained in
the district personnel records.
[(A)
An individual certified at the secondary
level who is assigned to teach two or more class periods in an area not covered
by the certificate must have completed 12 semester hours, including six semester
hours in the specific subject area to be taught toward a teaching field appropriate
for the assignment.]
(A)
A TCAP must be activated for an individual
who is assigned to one or more class periods in an area not covered by the
certificate. The individual must have completed six semester hours in the
specific subject area(s) to be taught. A TCAP may be activated for no more
than four class periods.
(B)
The TCAP is valid for one school year and is not
renewable except in the event that the TCAP was issued for fewer that 90 days
before the last day of student instruction in the prior school year.
[
To remain in the assignment, the teacher must comply with permit renewal
requirements as specified in §230.506 of this subchapter (relating to
Renewal Requirements).
]
[(3)
A district is not required
to activate a TCAP to assign a teacher certified at the secondary level to
teach one class period in a subject area for which the teacher has completed
six semester hours in the specific subject area to be taught.]
(d)
Technology Applications
[
Computer literacy
] in Grades 7 and 8.
(1)
If an individual is not certified, he or she must have
completed 24 semester hours in computer science.
(2)
If an individual is currently certified based on a
bachelor's degree, he or she must:
(A)
have completed three semester hours directly related to
information processing technologies; or
(B)
have achieved computing competency by having completed
any combination of vendor-provided training, ESC workshops, or higher education
course work.
(e)
Assignments to all grade levels (regular students).
(1)
An individual must have completed 24 semester hours in
the subject area, including six semester hours directly related to elementary
grades and six semester hours directly related to secondary grades.
(2)
Assignments in this category are limited to the areas
of art, music, physical education, and speech communication-theater arts.
(f)
Assignments to
career and technology
[
vocational
] programs.
(1)
Agricultural science and technology assignments. The following
provisions apply to assignments to agricultural vocational education for the
handicapped (VEH), agricultural preemployment laboratory (PELE), and agricultural
cooperative training (CO-OP).
(A)
An individual must be currently certified in agricultural
science.
(B)
No previous work experience is required.
(C)
One permit may be authorized to allow the teacher to attend
a summer workshop or to complete six semester hours of upper-level specified
technical agriculture courses in the area of specialization approved by the
SBEC.
(2)
Health science technology assignments. An individual
must:
(A)
hold one of the following:
(i)
a bachelor's degree, preferably in allied health, from
an accredited institution; or
(ii)
an associate's degree in allied health from an accredited
institution;
(B)
be currently licensed, certified, or registered (requiring
two years of formal education) by a state-authorized or nationally recognized
accrediting agency as a professional practitioner in one or more health occupations
for which instruction is offered; and
(C)
have an approved statement of qualifications verifying
two years of full-time employment in a licensed hospital or other health services
agency beyond that required to become registered or certified.
(3)
Home economics assignments.
(A)
Home economics.
(i)
An individual must hold a bachelor's degree in home economics
from an accredited institution.
(ii)
No previous work experience is required.
(B)
Occupational home economics. An individual must satisfy
one of the following requirements.
(i)
An individual must:
(I)
be certified in home economics; and
(II)
have completed six semester hours of home economics education,
emphasizing an all industry approach, designed to build instructional competencies
in occupational home economics; or
(ii)
an individual must:
(I)
be certified in home economics with eligibility to teach
specialized areas through CO-OP, PELE, coordinated vocational-academic education
(CVAE), or VEH instructional settings; and
(II)
have completed three semester hours of home economics
education, emphasizing an all industry approach, designed to build instructional
competencies in occupational home economics.
(4)
Marketing education assignments. An
individual must:
(A)
hold a bachelor's degree from an accredited institution;
and
(B)
have an approved statement of qualifications verifying
two years of full-time wage-earning experience in marketing occupations for
which training is offered at the secondary level.
(5)
Career
[
Occupational
] orientation
assignments. An individual must:
(A)
hold a bachelor's degree from an accredited institution;
and
(B)
have an approved statement of qualifications verifying
two years of full-time wage-earning experience in occupations other than teaching
for which
career and technology education
[
occupational
]
may be taught.
(6)
Business
[
Office
] education
assignments (for any instructional arrangement). An individual must:
(A)
hold a bachelor's degree in business/business education
or have completed the equivalent of a minor in the course area to be taught;
and
(B)
have one of the following:
(i)
an approved statement of qualifications verifying two years
of full-time wage-earning experience in office occupations; or
(ii)
verification of approval to complete a business internship
approved by the certification officer of a college approved to prepare teachers
for [
vocational
] office education.
(7)
Trades and industry assignments.
(A)
Cooperative training. An individual must:
(i)
hold a bachelor's degree from an accredited institution;
and
(ii)
have an approved statement of qualifications verifying
three years of full-time wage-earning experience in one or more approved occupations
for which instruction is offered. The individual must be continuously employed
for one of the three years in a single occupation or trade area.
(B)
Preemployment laboratory.
(i)
Option I. An individual must:
(I)
hold a bachelor's degree from an accredited institution;
and
(II)
have an approved statement of qualifications verifying
three years of full-time wage-earning experience in the occupation or skilled
trade to be taught, two years of which must be in the predominant subject
area.
(ii)
Option II. An individual must:
(I)
hold a high school diploma or the equivalent; and
(II)
have an approved statement of qualifications verifying
five years of full-time wage-earning experience in the occupation or skilled
trade to be taught, three years of which must be in the predominant subject
area.
(iii)
Additional requirements. Cosmetology teachers approved
under Options I or II must:
(I)
have three years of full-time wage-earning experience as
a licensed cosmetologist; and
(II)
be currently licensed as a cosmetology instructor by the
Texas Cosmetology Commission.
(g)
Assignments for special populations.
(1)
Students with limited English proficiency (LEP).
(A)
Bilingual education.
(i)
An individual who holds a bachelor's degree from an accredited
institution and is certified at the appropriate level must:
(I)
have completed six semester hours in an approved bilingual
education program;
and
(II)
have completed six semester hours in the language of the
target population; or
[
(III)
]
have demonstrated proficiency in oral communication
skills in the language of the target population by achieving a score of "intermediate
mid"
(level 2)
or higher on the Texas Oral Proficiency Test (TOPT).
(ii)
An individual who holds a bachelor's degree from an accredited
institution but is not certified must:
(I)
meet the requirements for the level of assignment;
(II)
be currently enrolled in an approved college program for
bilingual education; and
(III)
have satisfied one of the following requirements:
(-a-)
have completed 12 semester hours in the language of the
target population, bilingual education, or a combination of the two subject
areas; or
(-b-)
have demonstrated proficiency in oral communication
skills in the language of the target population by achieving a score of "intermediate
mid"
(level 2)
or higher on the TOPT.
(B)
English as a second language (ESL). An individual must:
(i)
be currently certified for the grade level based on a bachelor's
degree; and
(ii)
have satisfied one of the following requirements:
(I)
have completed six semester hours in an approved ESL program;
or
(II)
have one creditable year of classroom teaching experience,
as defined in Subchapter Y of this title (relating to Definitions).
(2)
Students with special learning needs.
(A)
Hearing impaired. An individual must:
(i)
hold a bachelor's degree from an accredited institution;
(ii)
have completed six semester hours directly related to
teaching the hearing impaired;
(iii)
have demonstrated competence
in the specific communication
method used in the classroom setting
[
communicating
] with
students who are deaf; and
(iv)
have verified that the employing district, cooperative,
or ESC has one or more fully certified teachers for the hearing impaired serving
in this instructional program.
(B)
Visually handicapped. An individual must:
(i)
be currently certified in elementary, secondary, or special
education;
(ii)
have satisfied one of the following requirements:
(I)
have completed six semester hours directly related to teaching
the visually handicapped; or
(II)
have one creditable year of classroom teaching experience,
as defined in Subchapter Y of this Chapter;
(iii)
have demonstrated competency in literary braille and/or
other special braille notations; and
(iv)
have verified that the employing district, cooperative,
or ESC has one or more fully certified teachers for the visually handicapped
serving in this instructional program.
(C)
Homebound or hospitalized. An individual must:
(i)
be currently certified based on a bachelor's degree; and
(ii)
have one creditable year of teaching experience, as defined
in Subchapter Y of this Chapter.
(D)
Other special learning needs (resource room/categorically
defined).
(i)
An individual who holds a bachelor's degree from an accredited
institution and is certified at the appropriate level must:
(I)
have completed six semester hours directly related to teaching
children with special learning needs; or
(II)
have one creditable year of classroom teaching experience,
as defined in Subchapter Y of this Chapter.
(ii)
An individual who holds a bachelor's degree from an accredited
institution, but is not certified must:
(I)
for elementary assignments, meet requirements for the level
of assignment as stated in subsection (b) of this section and have completed
18 semester hours directly related to teaching children with special learning
needs; or
(II)
for secondary assignments, have completed 24 semester
hours directly related to teaching children with special learning needs.
(h)
Assignments for other instructional and support personnel.
(1)
Counselors.
(A)
Regular programs. An individual must:
(i)
be currently certified at the level of assignment based
on a bachelor's degree;
(ii)
have 24 semester hours of graduate-level credit, including
12 semester hours in guidance and counseling; and
(iii)
have
three
[
one
] creditable years
of classroom teaching experience, as defined in Subchapter Y of this Chapter.
(B)
Special education programs. An individual must:
(i)
be currently certified at the level of assignment based
on a bachelor's degree;
(ii)
have 24 semester hours of graduate-level credit, including
12 semester hours in guidance and counseling and three semester hours in special
education; and
(iii)
have
three
[
one
] creditable year
of classroom teaching experience, as defined in Subchapter Y of this Chapter.
(C)
Career and technology
[
Vocational
]
programs. An individual must:
(i)
be currently certified based on a bachelor's degree;
(ii)
have 12 semester hours of graduate-level credit in guidance
and counseling; and
(iii)
have satisfied one of the following requirements:
(I)
have two creditable years of acceptable teaching experience,
as defined in Subchapter Y of this Chapter, in an approved
career and
technology
[
vocational
] program that prepares students for
gainful employment; or
(II)
have a combination of three years of experience that may
include creditable teaching experience but must include at least one year
of experience in an occupation or trade area for which
career and technology
[
vocational
] education is offered. To establish acceptability
of work experience other than teaching, a statement of qualifications must
be approved by the certification officer of an institution approved to prepare
career and technology
[
vocational
] counselors.
(2)
Educational diagnosticians. An individual
must:
(A)
be currently certified based on a bachelor's degree;
(B)
have 30 semester hours of graduate-level credit in the
field of education or a related field, including six semester hours in tests
and measurements, at least three of which emphasized individualized testing;
(C)
have completed six semester hours directly related to teaching
individuals with special learning needs; and
(D)
have three creditable years of teaching experience, as
defined in Subchapter Y of this Chapter.
(3)
Learning resources personnel. An individual must:
(A)
be currently certified based on a bachelor's degree;
(B)
have completed six semester hours directly related to the
basic competencies required of learning resources personnel; and
(C)
have one creditable year of teaching experience, as defined
in Subchapter Y of this Chapter.
(4)
Reserve Officers' Training Corps (ROTC) instructors.
(A)
An individual must verify that he or she has satisfied
the requirements and been approved to serve by the ROTC.
(B)
Requirements specified in §230.506 of this subchapter
(relating to Renewal Requirements) do not apply to this assignment.
(C)
Continued assignment must be documented on the individual's
teacher service record.
(5)
Supervisors.
(A)
Regular programs. An individual must:
(i)
be currently certified based on a bachelor's degree;
(ii)
have 24 semester hours of graduate-level credit, including
six semester hours of educational leadership and supervision; and
(iii)
have three creditable years of classroom teaching experience,
as defined in Subchapter Y of this Chapter.
(B)
Special education programs. An individual must:
(i)
be currently certified based on a bachelor's degree;
(ii)
have satisfied one of the following requirements:
(I)
be currently certified in a special education area and
have completed six semester hours in educational leadership or supervision;
or
(II)
be currently certified in supervision or administration
and have completed six semester hours in special education, including a survey
of individual exceptionalities;
(iii)
have 24 semester hours of graduate-level credit in education
or a related field; and
(iv)
have three creditable years of classroom teaching experience,
as defined in Subchapter Y of this Chapter, including at least one year in
a special education setting
(C)
Career and technology
[
vocational
]
programs. An individual must:
(i)
hold a bachelor's degree and be currently certified, consistent
with the supervisory assignment, for the grade level or programs; and
(ii)
have satisfied one or a combination of the following requirements:
(I)
have three creditable years of teaching experience, as
defined in Subchapter Y of this Chapter, in an approved
career and technology
[
vocational
] education program adopted by the State Board
of Education under the Texas Education Code (TEC), §28.002(b);or
(II)
have three creditable years of public school experience,
as defined in Subchapter Y of this Chapter, as a certified
career and
technology
[
vocational
] counselor. Permit applicants for
career and technology
[
vocational
] supervisor assignments
are not required to submit a statement of qualifications.
(6)
Visiting teachers.
(A)
Regular programs. An individual must:
(i)
be currently certified based on a bachelor's degree;
(ii)
have 15 semester hours of graduate-level credit in the
social or behavioral sciences, including six semester hours of specific preparation
in studies of the emotional and cultural development of individuals; and
(iii)
have satisfied one or a combination of the following
requirements:
(I)
have three creditable years of teaching experience, as
defined in Subchapter Y of this Chapter; or
(II)
have three years of experience in a social welfare agency
approved by the State Board for Educator Certification.
(B)
Special education programs. An individual must:
(i)
be currently certified based on a bachelor's degree;
(ii)
have 30 semester hours of graduate-level credit in social
or behavioral sciences, including specific preparation to serve individuals
with special learning needs; and
(iii)
have three creditable years of teaching experience, as
defined in Subchapter Y of this Chapter.
§230.505.Procedures for Activation of Initial Emergency Permits.
(a)
For all assignments (except
career and technology
[
vocational
] assignments based on skill and experience).
The employing superintendent or designee or authorized representative must
verify the individual's eligibility for the permit as described in §230.503
(relating to General Eligibility Requirements for Emergency Permits) and §230.504
(relating to Specific Requirements for Initial Emergency Permits) of this
subchapter and submit the following items to the appropriate education service
center (ESC) within
45 instructional
[
60
] days of assignment:
(1)
an emergency permit application; [
completed prior
to the effective date of the assignment
];
(2)
one of the following:
(A)
a deficiency plan from an approved Texas educator
preparation program verifying that the individual meets the grade point average
required for admission to the teacher education program and listing the preparation,
student teaching/internship, and/or assessment activities required to obtain
certification in the assignment for which the emergency permit application
has been submitted;
[
a college deficiency plan for completion of
certificate requirements verifying that the individual meets the grade point
average required for admission to the teacher education program;
] or
(B)
for an individual who holds a bachelor's degree from an
accredited institution, is certified, and is placed in an assignment requiring
a classroom teaching certificate or endorsement, verification of registration
for either the October or February administration of the appropriate content
specialization portion of the Examination for the Certification of Educators
in Texas (ExCET); and
(3)
the appropriate fee (payable by the school district).
(b)
For
career and technology
[
vocational
]
assignments based on skill and experience. The employing superintendent or
designee or authorized representative must verify the individual's eligibility
for the permit as described in §230.503 and §230.504 of this title
and submit the following items to the appropriate ESC within
45 instructional
[
60
] days of assignment:
(1)
an emergency permit application; [
completed prior
to the effective date of the assignment;
]
(2)
a copy of the individual's statement of qualifications,
approved by the employing superintendent or designee or certification officer
of an institution approved to prepare
career and technology
[
vocational
] teachers, verifying appropriate work experience in the occupation
or trade area to be taught. For the purpose of approving work experience,
12 months of wage-earning experience consisting of at least 40 hours per week
shall equal one year of full-time experience. Wage-earning experience consisting
of less than 40, but at least 20, hours per week, shall be calculated at a
50% rate in determining years of full-time equivalent experience. Wage-earning
experience consisting of less than 20 hours per week shall not be considered
acceptable in determining full-time equivalent experience;
(3)
a [
college
] deficiency plan
from an
approved Texas educator preparation program
[
indicating course
work to be completed
] for the
career and technology
[
vocational
] certificate appropriate for the assignment; and
(4)
the appropriate fee (payable by the school district).
§230.506.Renewal Requirements.
(a)
General provisions.
(1)
The employing superintendent or designee or authorized
representative of a public school district may renew an emergency permit for
the same assignment in the same school district for which the initial permit
was activated.
(2)
No individual may continue in the same assignment
for more than three years of service on the basis of an emergency permit,
except as provided in paragraph
(4)
[
(3)
] of this subsection.
(3)
The total of semester hours
or the equivalent
contact hours
required to obtain certification appropriate for the assignment
shall determine the number of permit renewals for which the individual may
be eligible. The following schedule shall determine eligibility for permit
renewal.
(A)
For [
one through
] six semester hours
or
less
plus appropriate examination requirements, an individual is not
eligible for renewal.
(B)
For six semester hours or less, appropriate
examination requirements, and teaching two years on an emergency permit in
lieu of student teaching, one renewal, provided the individual completes all
coursework during the first year.
(C)
[
(B)
] For 7-12 semester hours plus
appropriate examination requirements, an individual is eligible for one renewal.
(D)
[
(C)
] For more than 12 semester
hours plus appropriate examination requirements, an individual is eligible
for two renewals.
(4)
Permits used fewer than 85 days may be renewed
for one additional year of service,
provided renewal requirements have
been met each year. Effective with the 1998-99 school year, emergency permits
used fewer that 90 days may be renewed for one additional year of service.
(b)
Renewal procedures.
(1)
Before an emergency permit for a noncertified individual
is renewed for the first time, the superintendent or designee or authorized
representative must verify that:
(A)
a noncertified teacher, except one serving in a
career
and technology
[
vocational
] assignment requiring skill and
experience in the areas taught, has satisfied the admission requirements of
an educator preparation program in the areas of reading, written communication
and mathematics; [
passed a competency examination of basic skills approved
by the State Board for Educator Certification (SBEC) for admission to a teacher
education program
] and
(B)
a noncertified teacher serving in a
career and technology
[
vocational
] assignment requiring skill and experience in
the areas taught has passed the Texas Examination of Current Administrators
and Teachers (TECAT) or
has satisfied the admission requirements of an
educator preparation program in the areas of reading and oral and written
communication skills
. [
the reading and writing portions of the
competency examination of basic skills approved by the SBEC
]
(2)
No permit renewal will be authorized for a teacher
who does not
satisfy the admission requirements of an educator preparation
program
[
successfully complete the appropriate examination requirements
] specified in paragraph (1) of this subsection.
(3)
The superintendent or designee or authorized representative
may renew an emergency permit provided the following requirements and procedures
are met.
(A)
The permit must be renewed for the same assignment in the
same school district.
(B)
Official transcripts verifying completion of a minimum
of six semester hours
or documentation of completion of equivalent contact
hours
toward the appropriate target certificate must be placed in the
individual's personnel file.
(C)
The appropriate renewal section of the original permit
application must be completed prior to the beginning date of duties for the
current school year.
(4)
Requests for emergency permit renewal must be
submitted to the appropriate education service center (ESC) for authorization
when:
(A)
an individual has failed to demonstrate progress toward
correcting a deficiency by completing the appropriate renewal requirements
specified in subsection (a) of this section;
(B)
the renewal is for a change of assignment or school district;
or
(C)
the renewal is for nonconsecutive years.
(5)
The following materials must be submitted when
requesting authorization for permit renewal from the appropriate ESC:
(A)
an emergency permit application, indicating the appropriate
renewal, completed before the continued assignment;
(B)
official transcripts of all course work
or documentation
of equivalent contact hours
completed since authorization of the initial
permit; and
(C)
the appropriate fee (payable by the school district).
§230.507.Nonrenewable Permits.
(a)
The superintendent
or designee
of a public school
district may activate a nonrenewable permit for an individual who has not
completed the appropriate examination requirements specified in §230.5
of this title (relating to Educator Assessment).
(b)
A nonrenewable permit may be activated for an individual
in one or more of the following categories:
(1)
an individual who has completed all course and degree requirements
specified in this chapter except for successful completion of all appropriate
examination requirements. Nonrenewable permits activated for individuals in
this category expire 12 months from the date of activation;
(2)
an individual who holds a Texas teacher certificate
with an effective date before February 1, 1986, but has not revalidated the
certificate for employment purposes by passing an examination specified in
this chapter. The individual must not have been employed in a Texas public
school during the 1985-1986 school year or since. A nonrenewable permit activated
for an individual in this category expires six months from the date of activation
or at the end of the school year, whichever is less; or
(3)
an individual who has served on a temporary certificate
under Subchapter O of this chapter (relating to Texas Certificates Based on
Certification and College Credentials from Other States) and passed the appropriate
content specialization portions of the Examination for the Certification of
Educators in Texas (ExCET) but did not pass the professional development portion
of the examination while the temporary certificate was valid. A nonrenewable
permit activated for an individual in this category expires 12 months from
the date the individual first attempted the professional development portion
of the ExCET.
(c)
A nonrenewable permit may not be activated for an individual
in the same assignment area for which another permit had previously been authorized.
(d)
The employing superintendent or designee or authorized
representative must verify that an individual is eligible for the permit under
this section and submit the following items to the appropriate ESC within
60 days of assignment:
(1)
an application for a nonrenewable permit completed before
the effective date of the assignment; and
(2)
the appropriate fee (payable by the school district).
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
May 10, 1999.
TRD-9902700
Pamela B. Tackett
Executive Director
State Board for Educator Certification
Earliest possible date of adoption: June 20, 1999
For further information, please call: (512) 469-3001