Part 2.
TEXAS EDUCATION AGENCY
Chapter 101.
ASSESSMENT
Subchapter AA. COMMISSIONER'S RULES CONCERNING THE PARTICIPATION OF LIMITED ENGLISH PROFICIENT STUDENTS IN STATE ASSESSMENTS
19 TAC §§101.1001, 101.1003, 101.1005, 101.1007, 101.1009, 101.1011
The Texas Education Agency is renewing the effectiveness of
the emergency adoption of new §§101.1001, 101.1003, 101.1005, 101.1007,
101.1009, and 101.1011, for a 60-day period. The text of new §§101.1001,
101.1003, 101.1005, 101.1007, 101.1009, and 101.1011 was originally published
in the April 27, 2001 issue of the
Texas Register
(26 TexReg 3077).
Filed with the Office of
the Secretary of State, on August 10, 2001.
TRD-200104633
Criss Cloudt
Associate Commissioner, Accountability Reporting and Research
Texas Education Agency
Effective date: August 10, 2001
Expiration date: October 9, 2001
For further information, please call: (512) 463-9701
Chapter 230.
PROFESSIONAL EDUCATOR PREPARATION AND CERTIFICATION
Subchapter O. TEXAS EDUCATOR CERTIFICATES BASED ON CERTIFICATION AND COLLEGE CREDENTIALS FROM OTHER STATES OR TERRITORIES OF THE UNITED STATES
19 TAC §230.462
The State Board for Educator Certification (Board or SBEC)
adopts on an emergency basis an amendment to §230.462(h), relating to
requirements for Texas certificates based on certification from other states
or territories of the United States. Elsewhere in this issue of the
The amended sections allow initial one-year certificates with effective
dates during the 2000-2001 and 2001-2002 school years to be extended for another
calendar year from the effective date. The one-year certificate is the temporary
credential issued to educators certified outside Texas who are now seeking
Texas certification. This temporary credential allows these educators to be
employed in the state's public schools while they are attempting the certification
exams required by SBEC. Before the Act amended the Education Code, all educators
from other states or countries had to pass the appropriate SBEC certification
exams to be certified in Texas. (SBEC's testing program is called the Examination
for the Certification of Educators in Texas or ExCET.)
Some of these educators certified by other jurisdictions may benefit from
the provisions of the Act, which became effective June 16, 2001. The Act allows
educators from other states or countries to obtain standard Texas certification
without testing if their certifying jurisdiction required passage of certification
exams "similar to and as rigorous as" SBEC's tests. To determine which educators
qualify for a test exemption under the Act, SBEC must compare the certification
exams given by other jurisdictions with the appropriate ExCET tests.
This emergency adoption is necessary because SBEC will need time to conduct
a comparability study of other jurisdictions' certification exams. Adoption
of the amended sections on an emergency basis allows SBEC time to take action
to implement the new law according to legislative intent, while not unfairly
denying continued employment in Texas public schools to out-of-state educators
who may qualify for a test exemption.
Out-of-state educators issued intial one-year certificates with effective
dates during the 2000-2001 or 2001-2002 school year may qualify for the exemption,
depending on the results of the comparability study. Many of the one-year
certificates issued during the 2000-2001 school year will expire before SBEC
can propose and adopt amendments extending the term of one-year certificates
under the usual rulemaking process. Similarly, many one-year certificates
will be issued during the 2001-2002 school year before permanent rules can
be approved.
Extending the term of these one-year certificates will allow the holders
to maintain employment in the public schools while awaiting the results of
the comparability study. The extended term will also allow these candidates
a fair opportunity to attempt the appropriate certification exams if they
do not wish to await or to risk the outcome of the comparability study.
Accordingly, the agency has determined that the Act requires the adoption
of these amended sections on fewer than 30 days notice. Because SBEC is adopting
the rules immediately without first proposing them, the provisions of the
Education Code §21.042, relating to approval of proposed rules by the
State Board of Education, do not apply.
The amended section is adopted on an emergency basis under the
Education Code §21.031(a), which authorizes SBEC to regulate and to oversee
all aspects of the certification of public school educators. As described
above, the amended sections are also adopted under House Bill 1721 (77th Legislature,
2001) (to be codified at Education Code §21.052(a)(3)(B)) and under Government
Code §2001.034.
There are no other codes affected.
§230.462.Requirements for Texas Certificates Based on Certification from Other States or Territories of the United States.
(a)
An applicant for a Texas certificate based on a certificate
issued in accordance with §230.461 of this title (relating to General
Provisions) must pass the appropriate examination requirements specified in §230.5
of this title (relating to Educator Assessment).
(b)
If all certification requirements are met except the appropriate
examination requirements, the applicant may request issuance of a one-year
certificate in one or more certification areas authorized on the out-of-state
certificate.
(1)
An applicant who holds a special subject certificate issued
in accordance with §230.461 of this title (relating to General Provisions)
may be issued the equivalent Texas certificate in that special subject area.
(2)
An applicant who holds a professional service certificate
issued in accordance with §230.461 of this subchapter may be issued the
equivalent Texas certificate in that professional service area. The applicant
must verify three creditable years of public or private school experience,
as defined in Subchapter Y of this chapter (relating to Definitions), in the
professional service area.
(c)
After satisfying all requirements, including the examination
requirements, the applicant is eligible to receive the Standard Certificate
issued under Chapter 232, Subchapter M of this title (relating to the Types
and Classes of Certificates Issued).
(d)
An applicant issued a one-year certificate under this section
who does not complete the appropriate examination requirements to establish
eligibility for a Standard Certificate during the validity of the one-year
certificate, is not eligible for any type of certificate or permit authorizing
employment for the same certified level or areas until he or she has satisfied
the appropriate examination requirements.
(e)
An employing superintendent may apply for a nonrenewable
permit for a teacher who does not pass the professional development portion
of the Examination for the Certification of Educators in Texas (ExCET) but
does pass the appropriate content specialization portions of the exam during
the validity of the one-year certificate. The nonrenewable permit shall be
valid for no more than 12 months from the date the individual first attempts
the professional development portion of the ExCET.
(f)
An applicant shall not be required to complete the content
specialization portion of the ExCET in a certification area for which he or
she does not seek standard certification.
(g)
An applicant issued a one-year certificate under this section
who, during or subsequent to the validity of the certificate, establishes
eligibility for a Standard Certificate may apply for:
(1)
a new one-year certificate in another certification area
based on an acceptable certificate from another state or territory of the
United States; or
(2)
a second one-year certificate in an area previously authorized
on a one-year certificate, provided the applicant was not assigned to the
area and has not attempted the appropriate examination requirements for that
area.
(h)
Upon request of an employing superintendent,
the validity of an initial one-year certificate with an effective date during
the 2000-2001 school year may be extended for one consecutive calendar year
from the effective date. An initial one-year certificate with an effective
date during the 2001-2002 school year shall be valid for two consecutive calendar
years from the effective date. This subsection expires in accordance with
Government Code §2001.034, relating to emergency rulemaking.
This agency hereby certifies that the emergency adoption
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 August 9, 2001.
TRD-200104559
Pamela B. Tackett
Executive Director
State Board for Educator Certification
Effective Date: August 9, 2001
Expiration Date: December 7, 2001
For further information, please call: (512) 469-3011
Part 7.
STATE BOARD FOR EDUCATOR CERTIFICATION
Chapter 245.
CERTIFICATION OF EDUCATORS FROM OTHER COUNTRIES