Part 7.
STATE BOARD FOR EDUCATOR CERTIFICATION
Chapter 230.
PROFESSIONAL EDUCATOR PREPARATION AND CERTIFICATION
The State Board for Educator Certification (SBEC) adopts the following
changes to Chapter 230, concerning Professional Educator Preparation and Certification,
without changes to the proposed text as published in the October 15, 1999,
issue of the
Texas Register
(24 TexReg 8862)
and will not be republished: the repeal of Subchapter D, §230.91, concerning
Local Cooperative Teacher Education Centers; an amendment to Subchapter E, §230.121,
concerning Center for Professional Development of Teachers; the repeal of
Subchapter F, §§230.151 - 230.161, concerning Professional Educator
Preparation; amendments to Subchapter G, §§230.191 - 130.193 and
230.195 - 130.199, concerning Program Requirements for Preparation of School
Personnel for Initial Certificates and Endorsements; the repeal of Subchapter
H, §230.231, concerning Alternative Certification of Teachers and the
repeal of Subchapter I, §§230.261 - 230.271, concerning Standards
for Approval of Institutions Offering Graduate Education Programs for Professional
Certification. The SBEC also adopts changes to Subchapter J, which include
the following: an amendment to §230.301, the repeal of §230.302
and §230.303 and amendments to §§230.304 - 230.308, 230.310,
230.311 and 230.316, concerning Certification Requirements for Educators Other
than Classroom Teachers and Educational Aides. The SBEC adopts the repeal
of Subchapter K, §230.361, concerning Alternative Certification of Administrators;
the repeal of Subchapter L, §230.391, concerning Postbaccalaureate Requirements
for Persons Seeking Initial Teacher Certification Through Approved Texas Colleges
and Universities; an amendment to Subchapter M, §230.413, concerning
Certificate of Educators in General and the repeal of Subchapter R, §230.531
and §230.532, concerning Record of Certificates.
The adopted changes repeal and amend various provisions of current rules
that conflict with 19 TAC Chapter 227, concerning Admission to an Educator
Preparation Program and Chapter 228, concerning Requirements for Educator
Preparation Programs, which were adopted by the SBEC at its May 7, 1999 meeting.
The repeal of Subchapter R, Record of Certificates, will remove conflicts
with recently enacted legislation. The adopted repeals remove rules requiring
parent notification when their child is taught for more than 30 consecutive
instructional days by an individual serving on an emergency permit or an uncertified
individual. Also, current rules requiring an individual seeking employment
to work as a teacher to present their certificate for filing with the employing
district is duplicative of current statute and is not necessary. House Bill
618 which takes effect with the 1999 - 2000 school year, supercedes these
rules.
Elsewhere in this issue of the
Texas Register
, the SBEC is contemporaneously adopting amendments and repeals to
Chapter 232, Subchapter M, concerning Types and Classes of Certificates Issued.
The SBEC also adopts a new Chapter 245, concerning Certification of Educators
from Other Countries.
In its proposed
Framework for Educator Preparation
and Certification
the SBEC states as an underlying assumption that
"Board rules must identify a single set of standards applicable to all educator
preparation programs to enhance flexibility in program delivery and to accommodate
multiple routes." Consistent with that assumption, the SBEC has adopted new
rules to govern admission to an educator preparation program (Chapter 227)
and the operation of educator preparation programs (Chapter 228). The purpose
of these new rules is to enhance flexibility and accommodate multiple approaches
for the design and delivery of programs leading to certification. The rules
reflect the SBEC's belief that its role is to clearly define what the candidate
for certification must know and be able to do upon completing a preparation
program, and to then assess the success of the program in delivering the required
knowledge and skills. Who programs admit and how the expected knowledge and
skills are delivered should largely be left to the discretion of each program.
This approach is possible because all educator preparation programs are held
accountable for their performance through the Accountability System for Educator
Preparation (ASEP), which reflects the performance of their students on the
examinations required for certification.
As reflected in Chapter 227, the Board has established the minimum components
of admissions policies, but does not prescribe the content of the policies.
Programs must:
identify procedures to screen applications to determine appropriateness
for the certificate sought;
verify college-level skills in reading, oral and written communication,
critical thinking, and mathematics (note that neither an assessment nor test
is mentioned);
establish academic criteria that are consistently applied to all applicants;
and
develop procedures that allow admitted individuals to substitute relevant
experience and training for part of the preparation requirements. (For example,
a retired chemist seeking certification should be allowed to skip required
coursework in chemistry.)
Under the new rules governing educator preparation programs (Chapter 228),
all programs will operate under the same set of rules that accommodate different
ways of delivering educator preparation to the different types of prospective
educators. The elements described below are widely recognized as critical
components of successful educator preparation programs and will be required
of all SBEC-approved programs. The program must:
design, deliver, and evaluate educator preparation through a collaborative
effort involving institutions of higher education, public and private schools,
regional education service centers, and business and community interests;
base preparation on the relevant Texas Essential Knowledge and Skills (TEKS)
for each certificate;
provide on-going and relevant field-based experiences throughout the entire
program in a variety of settings with diverse student populations;
require all students to complete at least 12 weeks of a full-day teaching
practicum prior to recommending students for certification;
establish benchmarks and structured assessments to measure throughout the
program the progress of candidates for certification; and
continuously evaluate the design and delivery of the program's curriculum
based on performance data, research-based promising practices, and internal
and external assessments.
It is important to note that the new rule does not explicitly define "on-going
and relevant field-based experiences" because the SBEC recognizes that field-based
experiences will be provided differently by the various preparation programs.
It will be up to each program to determine what this term means for the students
being served, and it is entirely possible and appropriate that "ongoing" for
a college junior will be different than "ongoing" for a mid-career individual
seeking certification. Further, please note that the 12-week full-day teaching
practicum can be interpreted in a variety of ways and should not be thought
of exclusively as the "traditional" student teaching block that occurs in
the final semester of college.
By deliberately not setting explicit standards for field-based experiences,
the SBEC is encouraging flexibility and creativity to allow programs to attract
and serve all of the people that might be interested in seeking certification.
The specific repeals and amendments adopted in this item are as follows:
1. All requirements that prescribe a specific amount of collaboration,
field-based preparation, or student teaching are proposed for repeal.
2. All provisions that reference the operation of university baccalaureate
and post-baccalaureate programs, alternative certification programs (ACP),
and Centers for the Professional Development of Teachers (CPDT) are proposed
for repeal, except that:
the probationary certificate available to post-baccalaureate and ACP students
is moved to Chapter 232, Subchapter M;
the unique teaching certificates available through ACPs are moved to Chapter
230, Subchapter G; and until September 1, 2001, institutions of higher education
may apply to the Board for designation as a CPDT. (Funds were not appropriated
to support the creation of additional CPDTs, however funds are available to
complete the three-year funding cycle for institutions that are eligible for
2nd- and 3rd-year funding).
By repealing and amending current rules, all educator preparation programs
will follow the same set of quality program standards that will assure consistency
in educator preparation as well as the accountability of those programs through
the Accountability System for Educator Preparation (ASEP). While entities
are held accountable, the new rules provide for much flexibility and creativity
in the design and delivery of educator preparation.
No comments were received regarding adoption of the rules.
Texas Education Code (TEC) §21.044, requires the Board to establish
training requirements a person must accomplish to obtain a certificate; TEC §21.045,
requires the Board to propose rules establishing standards to govern the approval
and continuing accountability of all educator preparation programs; TEC §21.047
requires the Board to provide for Centers for the Professional Development
of Teachers; and TEC §21.049 directs the Board to provide alternative
routes to certification.
Subchapter D. LOCAL COOPERATIVE TEACHER EDUCATION CENTERS
19 TAC §230.91
This repeal is adopted under the Texas Education Code (TEC), §21.051,
which requires the State Board for Educator Certification to propose rules
providing flexible options for field experience or internships required for
certification.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 14, 2000.
TRD-200000235
Pamela B. Tackett
Executive Director
State Board for Educator Certification
Effective date: February 3, 2000
Proposal publication date: October 15, 1999
For further information, please call: (512) 469-3011
19 TAC §230.121
The amendments are adopted under the Texas Education Code
(TEC), §21.047, which allows the State Board for Educator Certification
to propose rules that create a process to establish centers for professional
development of teachers.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 14, 2000.
TRD-200000236
Pamela B. Tackett
Executive Director
State Board for Educator Certification
Effective date: February 3, 2000
Proposal publication date: October 15, 1999
For further information, please call: (512) 469-3011
19 TAC §§230.151 - 230.161
The repeals are adopted under the Texas Education Code (TEC), §21.045,
which requires the State Board for Educator Certification to propose rules
establishing standards to govern the approval of all educator preparation
programs.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 14, 2000.
TRD-200000237
Pamela B. Tackett
Executive Director
State Board for Educator Certification
Effective date: February 3, 2000
Proposal publication date: October 15, 1999
For further information, please call: (512) 469-3011
19 TAC §§230.191 - 230.193, 230.195 - 230.199
The amendments are adopted under the Texas Education Code
(TEC), §§21.041(b)(2) and (4), 21.044, 21.048, 21.050 and 29.902,
which require the State Board for Educator Certification to propose rules
that establish the academic, internship, and examination requirements for
all candidates for certification as well as the classes of certificates offered,
including establishment of standards for professional and paraprofessional
personnel who conduct driver education courses.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 14, 2000.
TRD-200000238
Pamela B. Tackett
Executive Director
State Board for Educator Certification
Effective date: February 3, 2000
Proposal publication date: October 15, 1999
For further information, please call: (512) 469-3011
19 TAC §230.231
The repeal is adopted under the Texas Education Code (TEC), §21.049,
which requires the State Board for Educator Certification to propose rules
providing for alternative certification programs
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 14, 2000.
TRD-200000239
Pamela B. Tackett
Executive Director
State Board for Educator Certification
Effective date: February 3, 2000
Proposal publication date: October 15, 1999
For further information, please call: (512) 469-3011
19 TAC §§230.261 - 230.271
The repeals are adopted under the Texas Education Code (TEC), §21.045,
which requires the State Board for Educator Certification to propose rules
establishing standards to govern the approval of all educator preparation
programs.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 14, 2000.
TRD-200000240
Pamela B. Tackett
Executive Director
State Board for Educator Certification
Effective date: February 3, 2000
Proposal publication date: October 15, 1999
For further information, please call: (512) 469-3011
19 TAC §230.301
The amendment is adopted under the Texas Education Code (TEC), §21.045,
which requires the State Board for Educator Certification to propose rules
establishing standards to govern the approval of all educator preparation
programs.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 14, 2000.
TRD-200000241
Pamela B. Tackett
Executive Director
State Board for Educator Certification
Effective date: February 3, 2000
Proposal publication date: October 15, 1999
For further information, please call: (512) 469-3011
19 TAC §230.302, §230.303
The repeals are adopted under the Texas Education Code (TEC), §21.045,
which requires the State Board for Educator Certification to propose rules
establishing standards to govern the approval of all educator preparation
programs.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 14, 2000.
TRD-200000242
Pamela B. Tackett
Executive Director
State Board for Educator Certification
Effective date: February 3, 2000
Proposal publication date: October 15, 1999
For further information, please call: (512) 469-3011
19 TAC §§230.304 - 230.308, 230.310, 230.311, 230.316
The amendments are adopted under the Texas Education Code
(TEC), §21.045, which requires the State Board for Educator Certification
to propose rules establishing standards to govern the approval of all educator
preparation programs.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 14, 2000.
TRD-200000243
Pamela B. Tackett
Executive Director
State Board for Educator Certification
Effective date: February 3, 2000
Proposal publication date: October 15, 1999
For further information, please call: (512) 469-3011
19 TAC §230.361
The repeal is adopted under the Texas Education Code (TEC), §21.049,
which requires the State Board for Educator Certification to propose rules
providing for alternative certification programs.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 14, 2000.
TRD-200000244
Pamela B. Tackett
Executive Director
State Board for Educator Certification
Effective date: February 3, 2000
Proposal publication date: October 15, 1999
For further information, please call: (512) 469-3011
19 TAC §230.391
The repeal is adopted under the Texas Education Code (TEC), §§21.041(b)(2)
and (4), 21.044, 21.048, and 21.050 which require the State Board for Educator
Certification to propose rules that establish the academic, internship, and
examination requirements for all candidates for certification as well as the
classes of certificates offered.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 14, 2000.
TRD-200000245
Pamela B. Tackett
Executive Director
State Board for Educator Certification
Effective date: February 3, 2000
Proposal publication date: October 15, 1999
For further information, please call: (512) 469-3011
19 TAC §230.413
The amendment is adopted under Texas Education Code (TEC), §21.041(b)(4),
which requires the Board to propose rules that specify the requirements for
the issuance and renewal of an educator certificate.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 14, 2000.
TRD-200000246
Pamela B. Tackett
Executive Director
State Board for Educator Certification
Effective date: February 3, 2000
Proposal publication date: October 15, 1999
For further information, please call: (512) 469-3011
19 TAC §230.531, §230.532
The repeals are adopted under Texas Education Code (TEC),
Chapter 21, Subchapter B, §21.031, which requires the State Board for
Educator Certification to regulate and oversee all aspects of certification; §21.041(b)(1)
which requires the State Board for Educator Certification to provide for general
administration of the subchapter; §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; and §21.041(b)(4),
which requires the State Board for Educator Certification to specify the requirements
for the issuance and renewal of an educator certificate.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 14, 2000.
TRD-200000247
Pamela B. Tackett
Executive Director
State Board for Educator Certification
Effective date: February 3, 2000
Proposal publication date: October 15, 1999
For further information, please call: (512) 469-3011
Subchapter M. TYPES AND CLASSES OF CERTIFICATES ISSUED
The State Board for Educator Certification (SBEC) adopts amendments
to §232.500 and §232.510, concerning the types and classes of educator
certificates the Board issues, and adopts new §232.515, concerning standards
for the issuance of classroom teaching certificates, without changes to the
proposed text as published in the December 3, 1999, issue of the
Texas Register
(24 TexReg 10703) and will not be republished. The SBEC
also adopts the repeal of §232.520, concerning effective date, without
changes to the proposed text as published in the December 3, 1999, issue of
the
Texas Register
(24 TexReg 10703) and will
not be republished.
The amendments and new rules are adopted to refine the definitions of types
and classes of certificates as required by statute and to establish the principles
under which the Board will adopt standards for the issuance of classroom teaching
certificates, including master teacher certificates.
The amendments to §232.500 and the repeal of §232.520, amend
various provisions of current rules that conflict with 19 TAC Chapter 227,
concerning Admission to an Educator Preparation Program and Chapter 228, concerning
Requirements for Educator Preparation Programs, which were adopted by the
SBEC at its May 7, 1999, meeting.
The SBEC is contemporaneously adopting amendments to Chapter 230, concerning
Professional Educator Preparation and Certification, elsewhere in this issue
of the
Texas Register
. The following information
pertains to the amendment of Chapter 230 as well as the amendment to §232.500
and the repeal of §232.520:
In its proposed
Framework for Educator Preparation
and Certification
the SBEC states as an underlying assumption that
"Board rules must identify a single set of standards applicable to all educator
preparation programs to enhance flexibility in program delivery and to accommodate
multiple routes." Consistent with that assumption, the SBEC has adopted new
rules to govern admission to an educator preparation program (Chapter 227)
and the operation of educator preparation programs (Chapter 228). The purpose
of these new rules is to enhance flexibility and accommodate multiple approaches
for the design and delivery of programs leading to certification. The rules
reflect the SBEC's belief that its role is to clearly define what the candidate
for certification must know and be able to do upon completing a preparation
program, and to then assess the success of the program in delivering the required
knowledge and skills. Who programs admit and how the expected knowledge and
skills are delivered should largely be left to the discretion of each program.
This approach is possible because all educator preparation programs are held
accountable for their performance through the Accountability System for Educator
Preparation (ASEP), which reflects the performance of their students on the
examinations required for certification.
As reflected in Chapter 227, the Board has established the minimum components
of admissions policies, but does not prescribe the content of the policies.
Programs must:
identify procedures to screen applications to determine appropriateness
for the certificate sought;
verify college-level skills in reading, oral and written communication,
critical thinking, and mathematics (note that neither an assessment nor test
is mentioned);
establish academic criteria that are consistently applied to all applicants;
and
develop procedures that allow admitted individuals to substitute relevant
experience and training for part of the preparation requirements. (For example,
a retired chemist seeking certification should be allowed to skip required
coursework in chemistry.)
Under the new rules governing educator preparation programs (Chapter 228),
all programs will operate under the same set of rules that accommodate different
ways of delivering educator preparation to the different types of prospective
educators. The elements described below are widely recognized as critical
components of successful educator preparation programs and will be required
of all SBEC-approved programs. The program must:
design, deliver, and evaluate educator preparation through a collaborative
effort involving institutions of higher education, public and private schools,
regional education service centers, and business and community interests;
base preparation on the relevant Texas Essential Knowledge and Skills (TEKS)
for each certificate;
provide ongoing and relevant field-based experiences throughout the entire
program in a variety of settings with diverse student populations;
require all students to complete at least 12 weeks of a full-day teaching
practicum prior to recommending students for certification;
establish benchmarks and structured assessments to measure throughout the
program the progress of candidates for certification; and
continuously evaluate the design and delivery of the program's curriculum
based on performance data, research-based promising practices, and internal
and external assessments.
It is important to note that the new rule does not explicitly define "ongoing
and relevant field-based experiences" because the SBEC recognizes that field-based
experiences will be provided differently by the various preparation programs.
It will be up to each program to determine what this term means for the students
being served, and it is entirely possible and appropriate that "ongoing" for
a college junior will be different than "ongoing" for a mid-career individual
seeking certification. Further, please note that the 12-week full-day teaching
practicum can be interpreted in a variety of ways and should not be thought
of exclusively as the "traditional" student teaching block that occurs in
the final semester of college.
By deliberately not setting explicit standards for field-based experiences,
the SBEC is encouraging flexibility and creativity to allow programs to attract
and serve all of the people that might be interested in seeking certification.
The specific repeals and amendments adopted in this item are as follows:
1. All requirements that prescribe a specific amount of collaboration,
field-based preparation, or student teaching are proposed for repeal.
2. All provisions that reference the operation of university baccalaureate
and post-baccalaureate programs, alternative certification programs (ACP),
and Centers for the Professional Development of Teachers (CPDT) are proposed
for repeal, except that:
the probationary certificate available to post-baccalaureate and ACP students
is moved to Chapter 232, Subchapter M;
the unique teaching certificates available through ACPs are moved to Chapter
230, Subchapter G; and until September 1, 2001, institutions of higher education
may apply to the Board for designation as a CPDT. (Funds were not appropriated
to support the creation of additional CPDTs, however funds are available to
complete the three-year funding cycle for institutions that are eligible for
2nd- and 3rd-year funding).
By repealing and amending current rules, all educator preparation programs
will follow the same set of quality program standards that will assure consistency
in educator preparation as well as the accountability of those programs through
the Accountability System for Educator Preparation (ASEP). While entities
are held accountable, the new rules provide for much flexibility and creativity
in the design and delivery of educator preparation.
No comments were received regarding adoption of the rules.
19 TAC §§232.500, 232.510, 232.515
The amendments and new rule are adopted under Texas Education
Code §21.041(2) and (3), which requires the State Board for Educator
Certification to propose rules specifying the classes of certificates and
their periods of validity, and §21.048(a), which requires the Board to
prescribe comprehensive examinations for each class of certificate.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 14, 2000.
TRD-200000248
Pamela B. Tackett
Executive Director
State Board for Educator Certification
Effective date: February 3, 2000
Proposal publication date: December 3, 1999
For further information, please call: (512) 469-3011
19 TAC §232.520
The repeal is adopted under the Texas Education Code (TEC), §21.041(b)(2)
and (3) which require the State Board for Educator Certification to specify
the classes of educator certificates to be issued and the period of validity
for each class of certificate.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 14, 2000.
TRD-200000249
Pamela B. Tackett
Executive Director
State Board for Educator Certification
Effective date: February 3, 2000
Proposal publication date: December 3, 1999
For further information, please call: (512) 469-3011
19 TAC §§245.1, 245.5, 245.10, 245.15
The State Board for Educator Certification (SBEC) adopts
a new Chapter 245, Certification of Educators from Other Countries, §§245.1,
245.5, 245.10 and 245.15, concerning General Provisions, Requirements for
Issuance of a Texas Certificate Based on a Certification from Another Country,
Application Procedures and Evaluation of College Credentials, without changes
to the proposed text as published in the October 15, 1999, issue of the
Elsewhere in this issue of the
Texas Register
, the SBEC contemporaneously adopts an amendment to Chapter 230, Subchapter
M, concerning Certification of Educators in General.
Under current rules, individuals who complete degrees and educator preparation
programs outside of the United States and who do not hold acceptable certificates
issued by another state must complete a Texas educator preparation program
to qualify for Texas educator certification. There are several issues relating
to applicants from other countries;
Verification of English Language Proficiency for
Applicants from Other Countries
Currently, Chapter 230, Subchapter M, relating to Certification of Educators
in General, stipulates that all applicants for Texas certificates must be
able to speak and understand the English language sufficiently to use it easily
and readily in conversation and teaching. Individuals completing approved
Texas educator preparation programs are assessed for English language proficiency
as part of their preparation programs. At its May 1999 meeting, the SBEC adopted
rules establishing requirements for admission to a Texas educator preparation
program that include a determination of college-level skills in oral and written
communication. In many cases, graduates of colleges and universities in other
states are assessed for oral English language proficiency as part of their
educator preparation programs. However, Chapter 230, Subchapter O, Texas Educator
Certificates Based on College Credentials from Other States, does not explicitly
require applicants seeking Texas certification based on credentials from other
states or territories of the United States to provide evidence of English
language proficiency. SBEC's recommends the proposed amendments to Chapter
230, Subchapter M, §230.413(b)(5) relating to General Requirements, that
would specify options for satisfying the English language proficiency requirement.
These amendments would apply to all applicants for Texas educator certificates,
including educators from Texas, other states, and other countries. Both Chapter
230, Subchapter O, and the adopted new Chapter 245, Certification of Educators
from Other Countries require applicants to comply with the requirements in
Chapter 230, Subchapter M, General Requirements.
Criminal Background Checks for Applicants from
Other Countries
Currently, SBEC conducts state criminal background checks through the Texas
Department of Public Safety on all applicants for Texas educator certificates.
In addition, SBEC also receives monthly reports from the National Association
of State Directors of Teacher Education and Certification (NASDTEC) Clearinghouse
that identifies individuals who have had their professional educator credentials
annulled, denied, revoked, suspended, or otherwise invalidated in other states,
U.S. Department of Defense Schools, or U.S. territories.
While most states conduct some type of criminal background check on all
applicants for educator certification, many check records at the state level
only. States such as Louisiana and Oklahoma require that the employing school
district conduct a background check for employment purposes, not for certification.
California, Arkansas and Nevada conduct national fingerprint-based criminal
background checks on applicants for certification.
Because SBEC is not designated as a criminal justice or law enforcement
agency, SBEC is not eligible to access international clearinghouse information
regarding criminal histories. INTERPOL, the international organization that
coordinates cooperation between police forces in member countries, can only
provide criminal information and investigative assistance to national police
forces and other law enforcement agencies.
Individuals who apply for immigrant or non-immigrant visas may or may not
be required by the United States Immigration and Naturalization Service (INS)
to be fingerprinted. There are many circumstances under which fingerprinting
may be waived by INS. INS does require applicants for naturalization to be
fingerprinted. INS submits the fingerprint cards to the Federal Bureau of
Investigation (FBI) to conduct a criminal background check.
According to Background Check International (BCI), a company that conducts
worldwide employment screening and criminal background checks for large companies,
developed countries will provide some type of criminal clearance or background
check upon request from the individual. Under-developed countries will not
provide this service. However, individuals may contact their embassy or consulate
and request background checks.
Applicants for certification in the Canadian province of Ontario are required
to obtain a foreign criminal record check report from any country or jurisdiction
in which they have spent more than two years since they turned 18 years of
age. Criminal records check reports must not be older than six months. Information
obtained from the Ontario College of Teachers, the licensing and regulatory
agency for the teaching profession in the province of Ontario, indicates that
they have found it impossible for applicants to obtain criminal records reports
or police clearances from many countries. The College's research also indicates
that in many countries, non-residents of that country cannot obtain reports.
According to the College, it can take as long as twelve months to obtain a
foreign criminal records report. Applicants who are unable to obtain a foreign
report must enclose details with their application, including the original
letter from the embassy, consulate or authorities in the country or jurisdiction
refusing to provide the report.
SBEC recommends that individuals who are applying for Texas certification
based on credentials from other countries to provide evidence that their educator
credentials are in good standing and have not been revoked, suspended, or
sanctioned and are not currently pending disciplinary or adverse action. In
addition, SBEC staff will also conduct its normal criminal history checks
with DPS on each applicant.
United States and Texas Governments and Constitutions
Graduates of Texas universities and colleges are required to complete a
study of the U.S. and Texas Constitutions as part of the general education
requirements for the baccalaureate degree. Only eight states have a requirement
for U.S and state government as a condition for initial teacher certification.
Prior to 1986, applicants certified in other states were required to complete
coursework or examinations in U.S. and Texas government to qualify for permanent
Texas certification. A one-year certificate was available to allow individuals
to teach in Texas while completing the government requirement. In June 1986,
the State Board of Education (SBOE) discontinued the government requirement
for out-of-state applicants. At that time, the ExCET exams became the only
requirements for permanent certification.
SBEC adopts that the current practice of not requiring courses in U.S.
and Texas Constitutions for certification be applied to out of country applicants
as well.
Equivalency of Credentials from Other Countries
Because SBEC does not currently have the resources to evaluate foreign
credentials, the proposed rule would require foreign applicants to use a credential
evaluation service recognized by the Executive Director. Since there is no
governmental agency within the United States that monitors the establishment
of foreign credential evaluation services, many state departments of education
and licensing agencies accept reviews of foreign credentials from evaluation
services that are members of national organizations such as the National Association
of Credential Evaluation Services (NACES) or the American Association of Collegiate
Registrars and Admissions Officers (AACRAO). Others require that the evaluation
services follow the standards of evaluation approved by the National Council
on the Evaluation of Foreign Educational Credentials (NCEFEC).
SBEC adopts that the Executive Director recognize foreign credential evaluation
services that are affiliated with one of these national organizations. The
cost for detailed or course-by-course evaluations ranges from $90 to $150.
Additional fees are assessed for rush service. SBEC staff will use the credential
evaluation in lieu of transcripts and a certificate as the basis for determining
eligibility for a Texas certificate. Applicants from countries that have signed
a reciprocity agreement with Texas through their membership with NASDTEC may
submit transcripts and teaching credentials directly to SBEC for review.
No comments were received regarding adoption of the rules.
Texas Education Code (TEC), §21.041(b)(4) and (5) and §21.052
require the Board to adopt rules that specify the requirements for the issuance
and renewal of an educator certificate and provide for the issuance of an
educator certificate to a person holding a degree and a similar certificate
or other credential issued by another country.
The new sections are adopted under the Texas Education Code (TEC), §21.041(b)(5)
and §21.052 which require the State Board for Educator Certification
to propose rules that provide for the issuance of an educator certificate
to a person holding a degree and a similar certificate or other credential
issued by another country.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 14, 2000.
TRD-200000250
Pamela B. Tackett
Executive Director
State Board for Educator Certification
Effective date: February 3, 2000
Proposal publication date: October 15, 1999
For further information, please call: (512) 469-3011
Subchapter A. PURCHASING
19 TAC §250.2, §250.3
The State Board for Educator Certification adopts new §250.2
and §250.3, concerning Ethical Standards and Vendor Protest Procedures,
without changes to the proposed text as published in the October 15, 1999,
issue of the
Texas Register
(24 TexReg 8890)
and will not be republished. The rules authorize prospective vendors to protest
a purchase made in violation of the ethical standards.
The new rules place the primary responsibility for overseeing compliance
with purchasing procedures and addressing violations of the ethical standards
with the agency's Staff Services Officer. The state employee classification
scheme designates SBEC's Staff Services Officer as the staff member primarily
responsible for purchasing functions in the agency. If the Staff Services
Officer is the person alleged to have violated the purchasing standards, then
the Executive Director assumes responsibility for having an investigation
conducted and determining whether a violation has occurred. The proposed rules
further provides for corrective action against those found to have breached
the ethics in purchasing standards, including termination of a current employee
and debarment of a former employee or a vendor from participating in future
board purchases.
The rules also provide standards for maintaining documentation about the
purchasing process to be used in the event of a protest or appeal. The subsections
of recommended new §250.3 define general terms used in the section, provide
where and when a protest must be filed, establish the minimum contents of
a protest, and identify who must receive copies of a protest. The section
authorizes the SBEC to continue with the purchase process if the Executive
Director makes a written determination that the purchase must go forward without
delay to protect substantial interests of the State of Texas.
The new rules authorize for the Staff Services Officer to review a properly
filed protest and to informally resolve the dispute by agreement of the parties.
If resolution by mutual agreement is not achieved, the Staff Services Officer
must issue a written decision, setting forth any corrective action to be taken.
The rule establishes a process to appeal the Staff Services Officer's decision,
provides where and when such appeal must be filed, and identifies who must
be notified of an appeal. The section provides for review of the Staff Services
Officer's determination by the Executive Director, who could ask at least
one other member of the executive staff to review the appeal and to recommend
a disposition. The Executive Director could decide the appeal or refer it
to the Board for decision. Only the Executive Director could send the appeal
to the Board for consideration: the vendor could not require the Board to
hear an appeal.
Standards of conduct for board employees and vendor protest procedures
are incorporated into the formal administrative rules of the board, thereby
making those standards and procedures more accessible and enforceable.
Under the staff recommendation for the vendor protest rules, documentation
about a protest must be maintained in accordance with the SBEC's approved
records retention schedule.
No comments were received regarding adoption of the new rules.
The new rules are adopted under Texas Government Code §§572.001,
572.051, and 572.054, which establish standards of conduct for state employees
and provide a basis for discipline; Texas Government Code §2155.076 (relating
to vendor protest procedures) and Texas Education Code §21.040(5), which
requires the Board to provide its members and employees information regarding
their responsibilities under applicable laws relating to standards of conduct
for state officers or employees; §21.040(6), which requires the Board
to develop and implement policies that clearly define the respective responsibilities
of the Board and the Board's staff; and §21.041(b)(1), which requires
the Board to propose rules for the general administration of Texas Education
Code Chapter 21, Subchapter B.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 14, 2000.
TRD-200000251
Pamela B. Tackett
Executive Director
State Board for Educator Certification
Effective date: February 3, 2000
Proposal publication date: October 15, 1999
For further information, please call: (512) 469-3011
Subchapter E. CENTERS FOR PROFESSIONAL DEVELOPMENT OF TEACHERS
Subchapter F. PROFESSIONAL EDUCATOR PREPARATION
Subchapter G. CERTIFICATION REQUIREMENTS FOR CLASSROOM TEACHERS
Subchapter H. ALTERNATIVE CERTIFICATION OF TEACHERS
Subchapter I. STANDARDS FOR APPROVAL OF INSTITUTIONS OFFERING GRADUATE EDUCATION PROGRAMS FOR PROFESSIONAL CERTIFICATION
Subchapter J. CERTIFICATION REQUIREMENTS FOR EDUCATORS OTHER THAN CLASSROOM TEACHERS AND EDUCATIONAL AIDES
Subchapter K. ALTERNATIVE CERTIFICATION OF ADMINISTRATORS
Subchapter L. POSTBACCALAUREATE REQUIREMENTS FOR PERSONS SEEKING INITIAL TEACHER CERTIFICATION THROUGH APPROVED TEXAS COLLEGES AND UNIVERSITIES
Subchapter M. CERTIFICATION OF EDUCATORS IN GENERAL
Subchapter R. RECORD OF CERTIFICATES
Chapter 232.
GENERAL REQUIREMENTS APPLICABLE TO ALL CERTIFICATES ISSUED
Chapter 245.
CERTIFICATION OF EDUCATORS FROM OTHER COUNTRIES
Chapter 250.
AGENCY ADMINISTRATION
Subchapter B. RULEMAKING PROCEDURES