TITLE 19.EDUCATION

Part 7. STATE BOARD FOR EDUCATOR CERTIFICATION

Chapter 230. PROFESSIONAL EDUCATOR PREPARATION AND CERTIFICATION

The State Board for Educator Certification (SBEC) proposes amendments to Subchapter S, §§230.551 - 230.555, 230.559, 230.560 and the repeal of §§230.556-230.558, concerning Educational Aide Certificate. The title of Subchapter S is amended from "Paraprofessional Certification" to " Educational Aide Certificate". The SBEC also proposes an amendment to Subchapter U, §230.601, concerning Assignment of Public School Personnel. The SBEC also proposes amendments to Subchapter Y, §230.801, concerning Definitions.

The proposed amendments and repeals are necessary to accomplish the following:

Remove the Educational Secretary Certificate from the inventory of available certificates.

Delete the requirements for assignment to the position of educational secretary.

Remove the educational secretary from the list of positions defining an educator.

Make applicants for the educational aide certificate subject to the same general requirements for issuance of a certificate as all other educators.

The effect of the proposed amendments will be to eliminate certification for educational secretaries.

The Texas Education Code authorizes the Board to certify public school educators. Since educational secretaries are not educators, the Board has no authority to certify educational secretaries.

SBEC will no longer issue certificates for educational secretaries. Individuals already certified as educational secretaries will keep their certificates, but the certificates will no longer be necessary for employment as an educational secretary.

In formulating these amendments, the Board considered the recommendations of its Advisory Committee on Educator Certificates, which recommended elimination of educational secretary certificates. Before the rule was proposed, the Board considered to the public testimony of representatives of the Texas Educational Secretaries Association (TESA), which favored continued certification of educational secretaries. But in reviewing the relevant provisions of the Education Code, the Board decided SBEC lacked proper authority to regulate educational secretaries.

Barry Alaimo, Director of Administrative and Financial Operations, SBEC, has determined that for the first five-year period the rules are in effect there will be no new fiscal implications as a result of enforcing or administering the rules as proposed. Based on the $30 fee collected for issuance of the Educational Secretary certificate, the Board generated approximately $168,270 in fee revenue (5,609 certificates) between September 1, 1997, and August 31, 1998.

Mr. Alaimo also has determined that for each year of the first five years the rules are in effect the benefit to the public of not requiring educational secretaries to be certified is increased administrative efficiency and flexibility in selection and assignment of such personnel by local school officials. The Board will comply with its statutory authority to regulate only educators. District will be free to establish qualifications for educational secretaries that meet individual district needs. Individuals serving in those positions will save the $30 application fee.

Comments on the proposals may be submitted to Dan Junell, General Counsel, State Board for Educator Certification, 1001 Trinity Street, Austin, Texas, 78701-2603.

EDUCATIONAL AIDE CERTIFICATE [ PARAPROFESSIONAL CERTIFICATION ]

Subchapter S. 19 TAC §§230.551 - 230.555, 230.559, 230.560

The amendments are proposed under 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 offered.

No other statutes, articles or codes are affected by the proposed amendments.

§230.551.Policy.

Each person employed in Texas public schools as an educational aide [ or educational secretary ] must be certified according to [ the certification ] requirements [ or standards for each position ] established by the State Board for Educator Certification.

§230.552.Procedures in General.

(a)

School district administrators have the authority and responsibility to determine the number of educational aides [ 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 individuals certified [ qualified personnel ] according to this subchapter.

[(b)

All paraprofessional certificates shall be permanent.]

(b)

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

(1)

a [ an accurately ] completed application and recommendation for an educational aide certificate [ or educational secretary ] ; and

(2)

the designated fee.

(c)

[ (d) ] 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.

(d)

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

§230.553.Certification Requirements for Educational Aide I.

An applicant for an educational aide I certificate shall:

(1)

be a high school graduate or hold a general education diploma (GED) certificate; and

(2)

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

[(3)

be recommended by the employing superintendent.]

§230.554.Certification Requirements for Educational Aide II.

An applicant for an educational aide II certificate shall:

(1)

be a high school graduate or hold a general education diploma (GED) certificate;

(2)

have satisfied one of the following requirements:

(A)

have two creditable years of experience, as defined in Subchapter Y of this chapter (relating to Definitions), as an educational aide I; or

(B)

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

(C)

have demonstrated proficiency in a specialized skill area as determined by the local school district; and

(3)

have experience working with students or parents as approved by the employing superintendent . [ ; and ]

[(4)

be recommended by the employing superintendent.]

§230.555.Certification Requirements for Educational Aide III.

An applicant for an educational aide III certificate shall:

(1)

be a high school graduate or hold a general education diploma (GED) certificate;

(2)

have satisfied one of the following requirements:

(A)

have three creditable years of experience, as defined in Subchapter Y of this Chapter (relating to Definitions), as either an educational aide I or II; or

(B)

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

(3)

have experience working with students or parents as approved by the employing superintendent . [ ; and ]

[(4)

be recommended by the employing superintendent]

§230.559.Assignments in Specialized Areas.

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

§230.560.Role Descriptions.

School districts shall use the following guidelines to assign educational aides [ and secretaries ].

(1)

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

(2)

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

(3)

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

[(4)

An educational secretary I: performs assigned routine clerical tasks under the direction and supervision of professional staff; performs general office tasks such as routine filing; as directed, maintains records, such as attendance, student transcripts, reports, stencils, letters, and documents; operates office equipment; issues consumable teaching and office supplies; maintains supply inventory; performs other duties as assigned at the file clerk level; or performs equivalent activities determined by the local school district.]

[(5)

An educational secretary II: performs assigned clerical tasks under the general supervision of professional personnel; performs tasks such as the functions of an educational secretary I; takes dictation in shorthand or other forms of speedwriting; operates electronic transcription equipment; schedules appointments, conferences, and interviews; assumes some limited supervisory functions; performs other duties assigned at this level, such as bookkeeping operations; or performs equivalent activities determined by the local school district.]

[(6)

An educational secretary III: under the general guidance of professional personnel, performs and assumes responsibility for clerical/secretarial tasks, including preparation of correspondence, reports, requisitions, and administration and district calendars; makes routine decisions according to established priorities and policies; accepts responsibility for making office reports and supervising the office operations; is capable of fulfilling the functions of an educational secretary I and II; performs other duties assigned at the level of an educational secretary III, which may include establishing and maintaining fiscal accounts, maintaining payroll, and attending to insurance matters; operates technical business machines; or performs equivalent activities determined by the local school district.]

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on January 14, 2000.

TRD-200000255

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Earliest possible date of adoption: February 27, 2000

For further information, please call: (512) 469-3011


19 TAC §230.556 - 230.558

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

The repeals are proposed under 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 offered.

No other statutes, articles or codes are affected by the proposed repeals.

§230.556.Certification Requirements for Educational Secretary I.

§230.557.Certification Requirements for Educational Secretary II.

§230.558.Certification Requirements for Educational Secretary III.

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 January 14, 2000.

TRD-200000256

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Earliest possible date of adoption: February 27, 2000

For further information, please call: (512) 469-3011


Subchapter U. ASSIGNMENT OF PUBLIC SCHOOL PERSONNEL

19 TAC §230.601

The amendments are proposed under 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 offered.

No other statutes, articles or codes are affected by the proposed amendments.

§230.601.Assignment of Public School Personnel

(a)-(e)

(No change.)

(f)

A public school employee must have the appropriate credentials for his or her current assignment specified in the charts in this section, unless the appropriate permit has been issued under Subchapter Q of this chapter (relating to Permits).

Figure: 19 TAC §230.601(f)

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 January 14, 2000.

TRD-200000257

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Earliest possible date of adoption: February 27, 2000

For further information, please call: (512) 469-3011


Subchapter Y. DEFINITIONS

19 TAC §230.801

The amendments are proposed under 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 offered.

No other statutes, articles or codes are affected by the proposed amendments.

§230.801.Definitions

(a)

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

(1)

(No change.)

(2)

"Educator," consistent with the Texas Education Code (TEC), §5.001(5) and §21.003(a)--Any person who is required to hold a certificate issued by the State Board for Educator Certification, including teachers, teacher interns or teacher trainees, librarians, educational diagnosticians, educational aides [ or secretaries ], administrators, and counselors.

(3)-(9)

(No change.)

(b)

(No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on January 14, 2000.

TRD-200000258

Pamela B. Tackett

Executive Director

State Board of Educator Certification

Earliest possible date of adoption: February 27, 2000

For further information, please call: (512) 469-3011