TITLE 19.EDUCATION

The Texas Education Agency (TEA) proposes new §129.1023 and §129.1025, concerning student attendance accounting. The proposed new sections would adopt by reference the 2000-2001 Student Attendance Accounting Handbook which provides student attendance accounting rules for school districts and charter schools. Texas Education Code (TEC), §42.004, requires the commissioner, in accordance with rules of the State Board of Education (SBOE), to take such action and require such reports as may be necessary to implement and administer the Foundation School Program (FSP). SBOE rule, 19 Texas Administrative Code §129.21, delineates responsibilities of the commissioner to provide: guidelines for attendance accounting, necessary records and procedures required of school districts in preparation of a daily attendance register, and provisions for special circumstances regarding attendance accounting.

The 2000-2001 Student Attendance Accounting Handbook provides school districts and charter schools with the FSP eligibility requirements of all students, prescribes the minimum requirements of all student attendance accounting systems, lists the documentation requirements for attendance audit purposes, specifies the minimum standards for systems that are entirely functional without the use of paper, and details the responsibilities of all district personnel involved in student attendance accounting. The TEA will distribute FSP resources under the procedures specified in the 2000-2001 Student Attendance Accounting Handbook . Given the statewide application of the attendance accounting rules and the existence of sufficient statutory authority for the commissioner of education to adopt by reference the 2000-2001 Student Attendance Accounting Handbook , legal counsel with the TEA has recommended that the procedures contained in the handbook be adopted as part of the Texas Administrative Code .

Ed Flathouse, associate commissioner for finance and support systems, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the new sections.

Mr. Flathouse and Criss Cloudt, associate commissioner for accountability reporting and research, have determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the sections will be the increased public knowledge of the existence of annual publications that specify attendance accounting procedures for school districts and charter schools. There will not be an effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed new sections.

Comments on the proposal may be submitted to Criss Cloudt, Accountability Reporting and Research, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 475-3499. All requests for a public hearing on the proposed sections submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 15 calendar days after notice of a proposed change in the sections has been published in the Texas Register .

The new sections are proposed under Texas Education Code, §42.004, 74th Texas Legislature, 1995, which authorizes the commissioner of education, in accordance with rules of the State Board of Education, to take such action and require such reports consistent with TEC, Chapter 42, as may be necessary to implement and administer the Foundation School Program.

The new sections implement the Texas Education Code, §42.004, 74th Texas Legislature, 1995.

§129.1023.Student Attendance Accounting Standards.

(a)

The student attendance accounting standards established by the commissioner of education under §129.21 of this title (relating to Requirements for Student Attendance Accounting for State Funding Purposes) and Texas Education Code (TEC), §42.004, shall be used by school districts and charter schools to maintain records and make reports on student attendance and student participation in special programs. These student attendance accounting standards shall be annually published in official Texas Education Agency (TEA) publications. These publications shall be widely disseminated and cover the following procedures:

(1)

description of the Foundation School Program (FSP) eligibility requirements of all students;

(2)

prescription of the minimum standards for all attendance accounting systems, whether manual or automated;

(3)

listing of the documentation requirements for attendance audit purposes;

(4)

specifications of the minimum standards for systems that are entirely functional without the use of paper; and

(5)

details of the responsibilities of all district personnel involved in student attendance accounting.

(b)

FSP allotments may be revised as a result of investigative activities by the TEA division responsible for school financial audits, as authorized under TEC, §§44.008, 44.010, and 45.255.

§129.1025.Adoption By Reference: Student Attendance Accounting Handbook.

(a)

The standard procedures that school districts and charter schools shall use to maintain records and make reports on student attendance and student participation in special programs for school year 2000-2001 are described in the official Texas Education Agency (TEA) publication, 2000-2001 Student Attendance Accounting Handbook , as amended August 2000, which is adopted by this reference as the agency's official rule. A copy of the 2000-2001 Student Attendance Accounting Handbook is available for examination during regular office hours, 8:00 a.m. to 5:00 p.m., except holidays, Saturdays, and Sundays, at the Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701. In addition, the publication can be accessed from the TEA official website.

(b)

The commissioner of education shall amend the 2000-2001 Student Attendance Accounting Handbook and this section adopting it by reference, as needed.

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 26, 2001.

TRD-200100463

Criss Cloudt

Associate Commissioner, Accountability Reporting and Research

Texas Education Agency

Earliest possible date of adoption: March 11, 2001

For further information, please call: (512) 463-9701

Part 7. STATE BOARD FOR EDUCATOR CERTIFICATION

Chapter 230. PROFESSIONAL EDUCATOR PREPARATION AND CERTIFICATION

Subchapter U. ASSIGNMENT OF PUBLIC SCHOOL PERSONNEL

19 TAC §230.601

On November 17, 2000, the State Board for Educator Certification (SBEC) proposed an amendment to §230.601, relating to Professional Educator Preparation and Certification. The board also proposed amendments to §§230.5, 230.413, 230.461-230.463, 230.501-230.507 and repeal of §§230.509-230.511. These sections were previously published in the January 19, 2001, issue of the Texas Register (26 TexReg 760).

The purpose of the proposed new rules, conforming amendments, and repeals is to establish the Transitional Permit, which collapses the various types of permits and nonstandard certificates into a single temporary permit. The proposed new rule and accompanying changes to existing rules include the following major provisions: The proposed Transitional Permit rules are results oriented. Permit holders must pass a test demonstrating proficiency in the subject they are assigned to teach within one year to continue teaching. They also must pass tests demonstrating teaching skills and knowledge of students by the end of the third year. The proposed measure enhances local control by allowing school superintendents more flexibility to target the district's specific needs in hiring people who need only to be trained to teach subjects they already know. This will attract a new group of people into teaching, particularly mid-career changers. The proposed rules and amendments also simply the permit structure by consolidating emergency permits, one-year and probationary certificates into one credential. This consolidation ensures that all permit holders meet the same standards.

The new Transitional Permit rules strengthen and expand the mentoring requirement for permit holders. The new rule requires that all teachers on transitional permits receive mentoring from an experienced teacher who has demonstrated excellence in teaching. Current rules require mentoring only for emergency permit holders. The proposed rule also requires school districts to provide time for mentoring. This provision ensures that all permit holders have a solid mentoring and support system. Transitional Permit holders would be required to enter an educator preparation program within 180 calendar days of the effective date of the permit (in most cases, the start of the school year).

The current statutory requirements relating to parental notification of uncertified or inappropriately certified teachers serving in the classroom would not be affected by the proposed new rules and amendments. The new permit will require parental notification in the same circumstances as now exist for current temporary credentials.

The first new Transitional Permit would be issued beginning June 1, 2001. The proposed rules include transition language that would phase out existing provisions regarding the issuance of emergency permits and other types of temporary credentials. Holders of previously issued emergency permits and other temporary credentials, however, would be allowed to continue under them until they expire in accordance with current rules, as if they had not been repealed.

The proposed conforming amendments would delete current emergency permit provisions for classroom teachers and amend rules governing the certification of educators from other states and countries to conform with the new Transitional Permit rules.

Barry Alaimo, Director of Accounting and Financial Operations, has determined that the for the first five-year period the sections are in effect the fee for the Transitional Permit would remain the same, $75, as it is for the emergency permit. The $75 fee would be a $25 increase for the other temporary credentials the Transitional Permit is intended to replace-the probationary certificate for persons in alternative certification programs and the one-year certificate for educators from out of state. Unlike the emergency permit, the Transitional Permit would not be renewable, but SBEC does not now charge a fee to renew an emergency permit. SBEC charges a renewal fee for the probationary certificate and the one-year certificate, but the $75 fee should cover any revenue lost as a result of not charging renewal fees on these temporary credentials. To the extent any related fiscal impact can be assessed at this time, implementation of the transitional permit should not significantly affect the revenues or expenditures of SBEC.

Dan Junell, General Counsel, State Board for Educator Certification, has determined that for the first five years the sections are in effect, the public benefit anticipated as a result of enforcing the sections will be that the Transitional Permit would achieve the following goals: focusing teacher training on the immediate needs of public school students; ensuring that the transitional permit holder has a positive beginning teaching experience through a quality mentoring and support system, thereby increasing the likelihood the teacher will stay in the profession and provide public school students the benefit of having an experienced teacher; and providing school districts with the flexibility to hire quality individuals with subject matter knowledge and life experiences relevant to the needs of the students and the teaching assignment.

The public should incur no additional costs as a result of the implementation of the proposed rules. There will be no effect on small businesses.

Interested persons wishing to comment on the proposed rules must submit their comments in writing to Dan Junell, General Counsel, State Board for Educator Certification, 1001 Trinity, Austin, Texas 78701-2603, within the 30-day comment period, which begins on the date of publication of this issue of the Texas Register . The comments should contain the following title or reference: "Comments on Proposed New 19 TAC Chapter 233 and Conforming Amendments related to the new Transitional Permit."

The amendment is 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 offered.

No other statute, article, or code is affected by this proposal.

§230.601.Assignment of Public School Personnel.

(a)

An individual who holds a valid certificate based on successful completion of the appropriate examination requirements specified in this Chapter, met the assignment requirements in effect for a subject, and was assigned to teach that subject before September 1, 1989, shall remain eligible to teach the subject. An individual who met the assignment requirements and was assigned to teach reading improvement, reading, or advanced reading before September 1, 1990, shall remain eligible to teach that subject.

(b)

The preparation of teachers assigned to Grades 6-8, which are organized on a self-contained basis, shall comply with the standards for elementary teachers. A self-contained class shall be defined as a class that is taught by one teacher for at least 50% of the school day.

(c)

An elementary certificate may be appropriate for teaching high school students if the level of instruction is comparable to that in elementary grades. When such an assignment is made, course outlines must be maintained in the school district files.

(d)

All professional personnel employed in federally funded programs and innovative programs must have the qualifications and meet the assignment requirements specified in subsection (f) of this section.

(e)

The assignment requirements in this subchapter apply to substitute teachers. If a school district must employ substitute teachers who are not certified, a list of the substitute teachers shall be retained in the school district files.

(f)

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) or under Chapter 233 of this title (relating to Transitional Permits) .

Figure: 19 TAC §230.601(f) (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 23, 2001.

TRD-200100419

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Earliest possible date of adoption: March 11, 2001

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