Part 7.
STATE BOARD FOR EDUCATOR CERTIFICATION
Chapter 227.
PROVISIONS FOR EDUCATOR PREPARATION STUDENTS
Subchapter A. ADMISSION TO AN EDUCATOR PREPARATION PROGRAM
19 TAC §§227.1, 227.10, 227.20
(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repeal will not be published.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.)
On November 17, 2000, the State Board for Educator
Certification (SBEC) proposed the repeal of §§227.1, 227.10, and
227.20, relating to Admission to an Educator Preparation Program.
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 repeals are proposed under the Texas Education Code (TEC) §21.044,
which requires the State Board for Educator Certification to propose rules
that establish training requirements a person must accomplish to obtain a
certificate, enter an internship, or enter an induction-year program. The
Board shall specify the minimum academic qualifications required for a certificate.
No other statute, article, or code is affected by this proposal.
§227.1.General Provisions.
§227.10.Admission Criteria.
§227.20.Implementation Date.
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 8, 2001.
TRD-200100090
Pamela B. Tackett
Executive Director
State Board for Educator Certification
Earliest possible date of adoption: February 18, 2001
For further information, please call: (512) 469-3011
On November 17, 2000, the State Board for Educator Certification (SBEC)
proposed amendments to §§228.1, 228.10, and 228.30, repeal of §§228.2,
228.20, 228.40, and 228.60 and new §228.2, relating to requirements for
Educator Preparation Programs.
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."
19 TAC §§228.1, 228.2, 228.10, 228.30
The amendments and new section are proposed under the Texas
Education Code (TEC) §21.044, which requires the Board to establish training
requirements a person must accomplish to obtain a certificate; TEC §21.045,
which requires the Board to propose rules establishing standards to govern
the approval and continuing accountability of all educator preparation programs;
TEC §21.047, which requires the Board to provide Centers for the Professional
Development of Teachers; and TEC §21.049, which directs the Board to
provide alternative routes to certification.
No other statute, article, or code is affected by this proposal.
§228.1.General Provisions.
(a)
To ensure the highest level of educator preparation and
practice, the State Board for Educator Certification (SBEC) recognizes that
the preparation of educators must be the joint responsibility of both educator
certification
[
(b)
Consistent with the Texas Education Code (TEC) §21.047
and §21.049, the
SBEC
[
(c)
An educator certification program is defined
as an entity approved by the executive director of SBEC to recommend candidates
for certification in one or more certification fields.
(d)
An approved educator certification program
shall publish and consistently apply academic criteria for entry into the
program, including the requirement that each candidate possess or concurrently
be working toward obtaining a baccalaureate degree with an academic major
or interdisciplinary academic major, including reading, other than education
that is related to the curriculum prescribed under Chapter 28, Subchapter
A of the Texas Education Code.
(e)
An approved educator certification program
is responsible for recommending to SBEC those persons meeting all requirements
for certification.
(f)
[
(g)
Executives at the entities' highest levels
shall support the educator certification programs and shall be accountable
for the quality of the programs and the candidates recommended for certification.
(h)
Preparation for the certification of educators
may be delivered by institutions of higher education, regional education service
centers, public school districts, or other entities approved by the executive
director under §228.10 of this chapter (relating to Approval Process).
§228.2.Entry Requirements.
(a)
Before allowing a person to enter its certification program,
the entity shall:
(1)
screen the candidate's appropriateness for the certification
sought; and
(2)
for the candidate seeking certification that requires a
college degree, determine that the candidate possesses college level skills
in reading, appropriate communication modes, critical thinking, and mathematics.
(b)
Certification programs may adopt requirements in addition
to those explicitly required in this section.
(c)
Each certification program must develop and implement specific
criteria and procedures that allow individuals who enter the program to substitute
experience and/or professional training directly related to the certificate
being sought for part of the preparation requirements.
§228.10.Approval Process.
(a)
Entities seeking approval to deliver educator certification
programs shall address the following areas:
[
(1)
commitment to providing a quality certification
program;
(2)
criteria for entry into the program; and
(3)
training and instruction aligned with
the certificate standards.
(b)
Approval is necessary for each specific
class of certificate for which preparation will be delivered. For classroom
teacher, the level(s) of certificate(s) must be identified.
[(b)
Continuing Entity Approval. Entities
approved by the State Board for Educator Certification under this chapter
shall be reviewed at least once every five years under procedures approved
by the executive director; however, a review may be conducted at any time
at the discretion of the executive director. Entities accredited under a Texas
State Partnership Agreement with a national accrediting body shall be considered
to have met the cyclical review requirements, unless the executive director
determines that a review conducted by the SBEC is appropriate.]
[(c)
Addition of Certificate Fields. ]
[(1)
Preparation programs which are fully accredited may request
by "letter of intent" additional certificate fields within the classes of
certificates for which they have been previously approved by the Board. The
Executive Director must approve the request.]
[(2)
Preparation programs which are fully accredited may request
the addition of certificate fields in a class of certificates that has not
been previously approved by the Board. Under guidelines established by the
Executive Director, the entity must present a full proposal for consideration
and approval by the Board.]
(c)
[
(d)
[
(e)
Under guidelines established by the executive
director, entities that are denied approval under the provisions of this section
may appeal the executive director's decision directly to the Board.
(f)
In addition to the grounds set out in
Chapter 229 of this title (relating to Accountability System for Educator
Preparation), the Board may revoke the program approval of an entity to deliver
educator preparation for reasons including the following:
(1)
falsification of data reported to SBEC;
(2)
a rating of unaccredited or low-performing as a public
school district by the Texas Education Agency; or
(3)
noncompliance with other applicable rules or laws.
§228.30.Educator Certification Program Design and [
(a)
The educator
knowledge and skills
[
[(b)
Educator preparation entities shall provide
evidence of on-going and relevant field-based experiences, as determined by
the collaborative, in a variety of educational settings with diverse student
populations, including observation, modeling, and demonstration of promising
practices to improve student learning.]
(b)
[
(c)
The preparation of educators shall be
linked to the state-required curriculum of Texas Pre-kindergarten-Grade 12
public school students and the standards for certificates issued by SBEC.
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 8, 2001.
TRD-200100091
Pamela B. Tackett
Executive Director
State Board for Educator Certification
Earliest possible date of adoption: February 18, 2001
For further information, please call: (512) 469-3011
19 TAC §§228.2, 228.20, 228.40, 228.60
(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 the Texas Education
Code (TEC) §21.044, which requires the Board to establish training requirements
a person must accomplish to obtain a certificate; TEC §21.045, which
requires the Board to propose rules establishing standards to govern the approval
and continuing accountability of all educator preparation programs; TEC §21.047,
which requires the Board to provide Centers for the Professional Development
of Teachers; and TEC §21.049, which directs the Board to provide alternative
routes to certification.
No other statute, article, or code is affected by this proposal.
§228.2.Definitions.
§228.20.Governance, Design, and Delivery of Educator Preparation Programs.
§228.40.Assessment and Evaluation of Candidates for Certification and Program Improvement.
§228.60.Implementation Date.
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 8, 2001.
TRD-200100092
Pamela B. Tackett
Executive Director
State Board for Educator Certification
Earliest possible date of adoption: February 18, 2001
For further information, please call: (512) 469-3011
On November 17, 2000, the State Board for Educator Certification (SBEC)
proposed amendments to §§230.5, 230.413, 230.461-230.463, 230.501-230.507
and repeal of §§230.509-230.511, relating to Professional Educator
Preparation and Certification. Section 230.601 is also being amended but due
to a recent adoption to this section being filed with the Secretary of State's
office, the current amendment will be filed after the previous adoption takes
effect on January 23, 2001.
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."
Subchapter A. ASSESSMENT OF EDUCATORS
19 TAC §230.5
The amendment is proposed under the Texas Education Code (TEC), §21.045,
which requires the State Board for Educator Certification to propose rules
establishing standards to govern the continuing accountability of all educator
preparation programs.
No other statute, article, or code is affected by this proposal.
§230.5.Educator Assessment.
(a)
Anyone seeking admittance to an approved
educator
certification
[
(b)
Anyone seeking certification as an educator
must pass
[
(c)
An educator certification program may
not deny a person the opportunity to take certification examinations required
by subsection (b) of this section if the person:
(1)
has completed requirements for a bachelor's degree; and
(2)
has completed a preparation program, except for passing
all certification examinations for the certificate sought.
[(c)
Entities delivering educator preparation
programs shall determine the readiness of their candidates to take the appropriate
certification examinations required by subsection (b) of this section.]
(d)-(g)
(No change.)
(h)
The following provisions concern test security and confidential
integrity.
(1)-(4)
(No change.)
(5)
Any educator who violates
this
subsection [
(A)
(No change.)
(B)
voiding of any score from an examination in which violations
in
this
subsection [
(C)
(No change.)
(i)
(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 8, 2001.
TRD-200100093
Pamela B. Tackett
Executive Director
State Board for Educator Certification
Earliest possible date of adoption: February 18, 2001
For further information, please call: (512) 469-3011
19 TAC §230.413
The amendment is proposed under the Texas Education Code (TEC), §§21.041(b)(2)
and (4), 21.044, 21.048, 21.050, and 22.082 which require the State Board
for Educator Certification to propose rules that establish the academic, internship,
and examination requirements for all candidates for certification; specify
the classes of certificates offered; and to obtain all criminal history information
that relates to an applicant for certification.
No other statute, article, or code is affected by this proposal.
§230.413.General Requirements.
(a)
(No change.)
(b)
An applicant for a Texas educator certificate must:
(1)
(No change.)
(2)
not be disqualified or the subject of a pending proceeding
under Chapter 249 of this title[
(3)-(7)
(No change.)
(c)-(d)
(No change.)
[(e)
A person who satisfies all requirements
for initial teacher certification except successful completion of examination
requirements prescribed by the SBEC and stipulated in §230.5 of this
title (relating to Educator Assessment) may be assigned on a nonrenewable
permit valid for no more than one year.]
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 8, 2001.
TRD-200100094
Pamela B. Tackett
Executive Director
State Board for Educator Certification
Earliest possible date of adoption: February 18, 2001
For further information, please call: (512) 469-3011
19 TAC §§230.461 - 230.463
The amendments are proposed 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 similar certificate issued by another
state.
No other statute, article, or code is affected by this proposal.
§230.461.General Provisions.
(a)
A Texas educator certificate may be issued to an individual
who holds a college degree and an appropriate certificate or credential issued
by the authorized licensing agency in another state or territory of the United
States and who meets appropriate requirements specified in §230.413 of
this title (relating to General Requirements)
, §230.5 of this title
(relating to Educator Assessment,)
and elsewhere in this subchapter.
(b)-(d)
(No change.)
(e)
The certificate and areas of certification issued by the
authorized licensing agency in another state or territory of the United States
must be equivalent to a certificate and certification areas approved by the
State Board for Educator Certification. The
executive director of SBEC
[
§230.462.Requirements for Texas Certificates Based on Certification from Other States or Territories of the United States.
(a)
(No change.)
(b)
If all certification requirements are met except the appropriate
examination requirements, the applicant may
be issued a transitional
permit in accordance with Chapter 233 of this title (relating to Transitional
Permit), upon recommendation by an employing school district
[
[(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)
An applicant who holds a class of certificate
other than classroom teacher issued in accordance with §230.461 of this
title (relating to General Provisions) may be issued the equivalent class
of certificate in Texas. The applicant must verify three creditable years
of public or private school experience, as defined in Subchapter Y of this
chapter (relating to Definitions), specific to the class of certificate sought,
unless they have completed requirements for a classroom teaching certificate.
(d)
[
(e)
[
[(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
certification examination
[
[(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.]
§230.463.Requests for Review [
(a)
An applicant for a Texas certificate based
on a certificate issued in accordance with §230.461 of this title (relating
to General Provisions) may apply for a review of credentials by submitting
the following items to the State Board for Educator Certification:
(1)
a completed application;
(2)
copies (front and back) of all appropriate out-of-state
certificates;
(3)
official transcripts of all college credits showing the
appropriate degree(s) conferred; and
(4)
a nonrefundable review fee as specified in §230.436
of this title (relating to Schedule of Fees for Certification Services).
(b)
[
(c)
[
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 8, 2001.
TRD-200100095
Pamela B. Tackett
Executive Director
State Board for Educator Certification
Earliest possible date of adoption: February 18, 2001
For further information, please call: (512) 469-3011
19 TAC §§230.501 - 230.507
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 offered.
No other statute, article, or code is affected by this proposal.
§230.501.General Provisions.
(a)
(No change.)
(b)
Under this subchapter, a superintendent or designee who
cannot secure an appropriately certified and qualified individual to fill
a vacant position
specified in §230.504 of this subchapter (relating
to Specific Requirements for Initial Emergency Permits for Positions Other
Than Classroom Teacher), including school counselor, school librarian, and
educational diagnostician,
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:
(1)
(No change.)
(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 [
(3)
verify that the district maintains a support system, has
assigned a mentor, and will provide release time as needed to assist the individual
serving on an emergency permit[
(4)
verify that the
individual
[
[(c)
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.]
(c)
[
(d)
[
(e)
[
(1)
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)-(c)
(No change.)
(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
in
an assignment on the basis of an emergency permit
[
§230.503.General Eligibility Requirements for Emergency Permits for Positions Other Than Classroom Teacher .
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 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)
For certain career and technology assignments
requiring certification based on skill and experience, the individual must
have specified work experience in lieu of a degree.]
(2)
The individual must meet the requirements
specified in §230.413 (b) (1)-(5) of this title (relating to General
Requirements).
[(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. The individual must be of good moral character.]
[(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 for Positions Other Than Classroom Teacher .
(a)
General Provisions. An individual for whom an emergency
permit is activated must:
(1)
have completed the appropriate semester hours [
(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)
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.]
[(d)
Technology Applications 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
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 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 may be taught.]
[(6)
Business 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 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 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 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.]
(b)
[
(1)
School
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 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 creditable year of classroom teaching experience,
as defined in Subchapter Y of this Chapter.
(C)
Career and technology 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
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
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 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)
School Librarians
[
(A)
be currently certified based on a bachelor's degree;
(B)
have completed six semester hours directly related to the
basic competencies required of
school librarians
[
(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 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
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
counselor. Permit applicants for career and technology 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 for Positions Other Than Classroom Teacher .
[
(1)
an emergency permit application;
(2)
a certification plan from an approved
Texas educator preparation program listing the preparation and/or assessment
activities required to obtain certification in the assignment for which the
emergency permit application has been submitted; and
[(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; 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 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 days of
assignment:]
[(1)
an emergency permit application;]
[(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 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 deficiency plan from an approved Texas educator preparation
program for the career and technology certificate appropriate for the assignment;
and]
[(4)
the appropriate fee (payable by the school district).]
§230.506.Renewal of Emergency Permits for Positions Other Than Classroom Teacher [
(a)
General provisions.
(1)-(2)
(No change.)
(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)
(No change.)
[(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. ]
(B)
[
(C)
[
(4)
(No change.)
(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 noncertified teacher has satisfied
the admission requirements of an educator preparation program in the areas
of reading, oral and written communication, and mathematics.]
[(2)
No permit renewal will be authorized
for a teacher who does not satisfy the admission requirements of an educator
preparation program specified in paragraph (1) of this subsection.]
(1)
[
(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.
(2)
[
(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.
(3)
[
(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 for Positions Other Than Classroom Teacher .
(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)
for a class of certificate other
than classroom teacher
.
(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
Subchapter J of
this chapter
(relating to Certification
Requirements for Educators Other Than Classroom Teachers and Educational Aides),
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
educator
[
[(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
or nonstandard certificate
had previously been authorized.
(d)
(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 8, 2001.
TRD-200100096
Pamela B. Tackett
Executive Director
State Board for Educator Certification
Earliest possible date of adoption: February 18, 2001
For further information, please call: (512) 469-3011
19 TAC §§230.509 - 230.511
(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 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 offered.
No other statute, article, or code is affected by this proposal.
§230.509.Policy.
§230.510.Exchange Teachers.
§230.511.Teachers for Bilingual Education Programs.
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 8, 2001.
TRD-200100097
Pamela B. Tackett
Executive Director
State Board for Educator Certification
Earliest possible date of adoption: February 18, 2001
For further information, please call: (512) 469-3011
On November 17, 2000, the State Board for Educator Certification (SBEC)
proposed new 19 Texas Administrative Code Chapter 233, §§233.1-233.10
and 233.21, relating to the Transitional Permit.
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."
Subchapter A. TRANSITIONAL PERMITS FOR CLASSROOM TEACHERS
19 TAC §§233.1 - 233.10
The new sections are proposed under the authority of the following
provisions of the Texas Education Code: §4.001(b), which states that
one of the objectives of public education in the State of Texas is to recruit,
develop, and retain qualified and highly effective personnel; §21.003,
which prohibits a person from being employed as a teacher by a school district
unless the person holds an appropriate certificate or permit issued as provided
by Texas Education Code Chapter 21, Subchapter B; §21.031, which authorizes
the board to regulate and oversee all aspects of the certification of public
school educators and to ensure that all candidates for certification demonstrate
the knowledge and skills necessary to improve the performance of the diverse
student population of this state; §21.039(3), which authorizes the executive
director of the board to issue the transitional certificate under this chapter; §21.041(b)(2),
which requires the board to specify the classes of educator certificates to
be issued, including emergency certificates; §21.044, which requires
the board to establish the training requirements a person must accomplish
to obtain a certificate and to specify the minimum academic qualifications
required for a certificate; §21.049, which requires the board provide
for educator certification programs as an alternative to traditional educator
certification programs, without requiring a demonstrated shortage of educators
in a school district or subject area to obtain such certification; and §21.041(b)(5)
and §21.052, which require the board to propose rules that provide for
the issuance of an educator certificate to a person holding a similar certificate
issued by another state or country.
No other statute, article, or code is affected by this proposal.
§233.1.Purpose, Scope, and Authority.
(a)
A superintendent must obtain a transitional permit for
a person who -
(1)
will serve as a classroom teacher for more than 30 consecutive
instructional days in the same assignment; and
(2)
does not hold the appropriate standard certificate or its
equivalent for the assignment or is not otherwise authorized to be employed
in Texas public schools under this title or the Texas Education Code, including
persons who hold a Texas teacher certificate with an effective date prior
to February 1, 1986, but have not revalidated the certificate for employment
purposes by passing the examination(s) prescribed by §230.5(d) of this
title (relating to General Eligibility Requirements).
(b)
A transitional permit is not required to employ a person
to replace a full-time, certified classroom teacher who has been given a leave
of absence in accordance with federal or state law or local district policy,
not to exceed 100 instructional days.
(1)
During the entire period of employment, a school district
shall provide a trained mentor for the person employed under this subsection
to help the person perform effectively in the assignment.
(2)
This subsection no longer applies on the date the superintendent
determines the teacher on leave will not resume his or her regular duties,
either by notice from the teacher or by operation of law, contract, or school
district policy.
(c)
Subject to the provisions of this subsection, a transitional
permit is required for a classroom teacher who holds a standard certificate
or its equivalent but who is assigned outside of his or her certified area
for more than two school years.
(1)
A school district may assign a certified classroom teacher
outside of his or her certified area, as needed, for no more than a total
of two school years without obtaining a transitional permit for the teacher.
The two-year limit applies during the whole period of the teacher's employment
with the district and regardless of whether the two years assigned out of
the certificate area are served consecutively or intermittently.
(2)
The school district must determine that the teacher has
the necessary subject matter knowledge for the assignment. Factors that may
be considered include, but are not limited to, academic coursework or work
experiences related to the assignment.
(3)
The school district must provide the certified teacher
with a trained mentor as specified in §233.6 of this subchapter (relating
to Mentoring and Training of Teachers) from the beginning of the period during
which the teacher is assigned outside of his or her certified area, or until
the certified teacher evidences content knowledge by performing successfully
on the appropriate certification examination specified in §230.5 of this
title (relating to Educator Assessment), whichever comes first.
(d)
The State Board for Educator Certification authorizes the
executive director to exercise reasonable discretion in achieving substantial
compliance with these rules in issuing transitional permits. The executive
director may authorize one or more designees to aid him or her in the general
administration of this chapter.
(e)
Not later than November 1 of each year, the executive director
shall provide to the board data and other information regarding the implementation
of this subchapter, including the number and nature of any exceptions granted
under subsection (d) of this section.
(f)
This chapter is adopted under the authority of the following
provisions of the Texas Education Code:
(1)
Section 4.001(b), which states that one of the objectives
of public education in the State of Texas is to recruit, develop, and retain
qualified and highly effective personnel;
(2)
Section 21.003, which prohibits a person from being employed
as a teacher by a school district unless the person holds an appropriate certificate
or permit issued as provided by Texas Education Code, Chapter 21, Subchapter
B;
(3)
Section 21.031, which authorizes the board to regulate
and oversee all aspects of the certification of public school educators and
to ensure that all candidates for certification demonstrate the knowledge
and skills necessary to improve the performance of the diverse student population
of this state;
(4)
Section 21.039(3), which authorizes the executive director
of the board to issue the transitional certificate under this chapter;
(5)
Section 21.041(b)(2), which requires the board to specify
the classes of educator certificates to be issued, including emergency certificates;
(6)
Section 21.044, which requires the board to establish the
training requirements a person must accomplish to obtain a certificate and
to specify the minimum academic qualifications required for a certificate;
(7)
Section 21.049, which requires the board provide for educator
certification programs as an alternative to traditional educator certification
programs, without requiring a demonstrated shortage of educators in a school
district or subject area to obtain such certification; and
(8)
Sections 21.041(b)(5) and 21.052, which require the board
to propose rules that provide for the issuance of an educator certificate
to a person holding a similar certificate issued by another state or country.
(g)
Individuals serving on a transitional permit are deemed
to be 'inappropriately certified' under Texas Education Code (TEC), §21.
057, relating to Parental Notification, unless the statute specifically provides
otherwise.
(h)
The rules in this chapter prevail in the event of a conflict
with any other board rule under this title.
§233.2.Definitions.
When used in this chapter, the following words, terms, phrases, and
their variations shall have the following meanings, unless the context clearly
indicates otherwise.
(1)
Board - The State Board for Educator Certification.
(2)
Classroom teacher - A person employed by a school district
and who, not less than an average of four hours each day, teaches in an academic
instructional setting or a career and technology instructional setting.
(3)
Class of certificate or permit - Has the same meaning as
defined in Chapter 232, Subchapter M, of this title (relating to Types and
Classes of Certificates).
(4)
Educator - A person who is required to hold a certificate
issued under Chapter 21, Subchapter B, of the Texas Education Code.
(5)
Executive director - The executive director employed by
the board. The term includes a designee of the executive director.
(6)
Superintendent - The superintendent of the employing school
district requesting the transitional certificate. The term includes a designee
of the superintendent.
(7)
Trained mentor - An experienced teacher who holds a valid
master, standard, or provisional certificate issued under Texas Education
Code Chapter 21, Subchapter B, or its predecessor, and who:
(A)
is provided sufficient time, in addition to classroom planning
time, to plan, observe, and collaborate with each transitional permit holder;
(B)
has demonstrated the necessary skills to guide the development
of a beginning teacher; and
(C)
has demonstrated excellence in teaching.
§233. 3. Validity of the Transitional Permit.
(a)
A transitional permit issued under this chapter is valid
for a period of three consecutive calendar years from the date of issuance
and may not be renewed or reissued for the same class of certificate.
(b)
The effective date of a transitional permit shall be the
beginning date of the classroom teacher's assignment in the employing school
district. The effective date of a transitional permit shall not precede the
date eligibility requirements were completed.
(c)
Once issued, a transitional permit is in effect and expires
three calendar years from the effective date of its issuance regardless of
whether or not the educator is employed continuously during the validity of
the permit.
(d)
Not withstanding the provisions of subsection (a) of this
section, a transitional permit expires one calendar year from its effective
date unless the permit holder has passed the appropriate subject matter examination(s)
for the assignment(s) and the certificate(s) sought by that time.
(e)
The transitional permit is issued to the person who is
employed under it. During the period of permit validity, the holder may be
employed under the transitional permit at a school district other than the
one whose superintendent initially requested its issuance.
§233. 4.Conditions for Issuance.
The executive director shall issue a transitional permit for a person
if the following conditions are satisfied:
(1)
the superintendent of the employing school district has
requested a transitional permit for the person;
(2)
in applying for the transitional permit, the superintendent
has affirmed compliance with §233.6 of this subchapter (relating to Mentoring
and Training of Teachers);
(3)
the superintendent has shown the executive director that
the person meets the eligibility requirements specified in §233.5 of
this subchapter (relating to General Eligibility Requirements), except subsection
(a)(4) of that section, and has complied with all other applicable provisions
of this chapter;
(4)
the executive director has determined the person is not
disqualified under subsection (a)(4) of §233.5 of this subchapter (relating
to General Eligibility Requirements); and
(5)
the requested transitional permit is not of the same class
as a nonstandard certificate or permit previously issued to the person.
§233.5.General Eligibility Requirements.
(a)
To be eligible for a transitional permit, a person must
meet the following requirements:
(1)
The individual must hold at least a bachelor's degree from
an accredited institution of higher education, except for certain internship
programs approved under Chapter 228 of this title (relating to Requirements
for Educator Preparation Programs), or non-degreed career and technology assignments
allowing skill and experience in lieu of a bachelor's degree. For non-degreed
career and technology assignments, the teacher is required to hold the appropriate
industry certificate or have at least three years of related work experience
if no industry certificate exists for the assignment.
(2)
The school district must determine that the teacher has
the necessary subject matter knowledge for the assignment. Factors that may
be considered include, but are not limited to, academic coursework or work
experiences related to the assignment.
(3)
The person must meet the following requirements specified
in §230.413 of this title (relating to General Requirements):
(A)
be at least 18 years of age;
(B)
be willing to support and defend the constitutions of the
United States and Texas; and
(C)
be able to speak and understand the English language sufficiently
to use it easily and readily in conversation and teaching or to otherwise
communicate effectively with the students being taught.
(4)
The individual must not be disqualified or be the subject
of a pending proceeding that could result in disqualification under provisions
of any of the following:
(A)
federal or state law, including disqualification to hold
a certificate related to guaranteed student loan default, child support arrears,
or unqualified alien status; or
(B)
Chapter 249 of this title (relating to Disciplinary Proceedings,
Sanctions, and Contested Cases), Including Enforcement of the Educator's Code
of Ethics.
(b)
To be eligible for a transitional permit as a special education
or bilingual classroom teacher, a person must meet the applicable requirements
specified in §233.7 of this title (relating to Special Education Teachers),
or §233.8 of this title (relating to Bilingual Education Teachers), in
addition to meeting the requirements of this section.
§233. 6.Mentoring and Training of Teachers.
The executive director may not issue a transitional permit under this
subchapter until the superintendent verifies the following:
(1)
that each transitional permit holder in the school district
is provided with a trained mentor and appropriate professional development
during the entire period of employment to help the person perform effectively
in the assignment; and
(2)
that each transitional permit holder who has not completed
an educator certification program will enter a board-approved certification
program within 180 calendar days of issuance of the transitional permit.
§233.7.Special Education Teachers.
(a)
The executive director may not issue a transitional permit
for a special education classroom teacher until the superintendent verifies
the following:
(1)
the district's efforts to recruit certified and qualified
special education teachers exists in the geographical area where the employing
school district is located; and
(2)
the transitional permit candidate is the most qualified
person available.
(b)
In addition to meeting other applicable provisions in this
chapter, persons assigned to teach designated categories of students with
special learning needs may satisfy either the specific requirements of this
subsection before a transitional permit can be issued or be screened by the
superintendent to determine their appropriateness for the assignment and certificate
sought. Candidates for the auditory or visually impaired certificate, however,
must meet the requirements of paragraphs (1) and (2) of this subsection before
they may be issued a transitional permit.
(1)
Auditory Impaired. A person must:
(A)
have completed six semester hours or the equivalent directly
related to teaching the auditory impaired;
(B)
have demonstrated competence in the specific communication
method used in the classroom setting with students with auditory impairments;
and
(C)
in accordance with §233.6 (1) of this subchapter (relating
to Mentoring and Training of Teachers) have a trained mentor certified to
teach students with auditory impairments.
(2)
Visually Impaired. A person must:
(A)
hold a valid classroom teaching certificate;
(B)
have completed six semester hours or the equivalent directly
related to teaching the visually impaired;
(C)
have demonstrated competency in literary Braille; and
(D)
in accordance with §233.6 (1) of this subchapter,
have a trained mentor certified to teach students with visual impairments.
(3)
For other special education instruction in the elementary
grades, the individual must:
(A)
Have completed nine semester hours directly related to
teaching children with special education needs or the equivalent directly
related to teaching children with disabilities, including:
(i)
three semester hours in reading instruction;
(ii)
three semester hours in behavior intervention; and
(iii)
three semester hours in a basic foundational course for
teaching elementary students with disabilities, and
(B)
In accordance with §233.6 (1) of this subchapter,
have a trained mentor certified to teach students with special education needs.
(4)
For other special education instruction in the secondary
grades, the individual must:
(A)
Have completed nine semester hours directly related to
teaching secondary level students with special education needs or the equivalent
directly related to teaching students with disabilities, including:
(i)
three semester hours in reading instruction;
(ii)
three semester hours in behavior intervention; and
(iii)
three semester hours in a basic foundational course for
teaching secondary students with disabilities, and
(B)
In accordance with §233.6 (1) of this subchapter,
have a trained mentor certified to teacher students with special education
needs.
§233.8.Bilingual Education Teachers.
The executive director may not issue a transitional permit for a bilingual
education classroom teacher until the superintendent verifies that the person
is proficient in oral and written communication skills for the language of
the target student population.
§233. 9. Application Procedures.
In addition to other submittals required under this subchapter, the
superintendent must submit the following items to the executive director within
60 calendar days of assignment:
(1)
a completed application; and
(2)
the appropriate fee as specified in §230.436 of this
title (relating to Schedule of Fees for Certification Services).
§233. 10.Implementation of the Transitional Permit.
(a)
This chapter becomes effective June 1, 2001.
(b)
An individual who was issued an emergency permit or certificate,
one-year certificate or probationary certificate under this title prior to
the effective date of this rule, may have that permit or certificate renewed,
extended or reissued under the provisions of Chapter 230, Subchapters Q and
O of this title (relating to Permits, and Texas Educator Certificates Based
on Certification and College Credentials from Other States and Territories
of the United States); Chapter 232 Subchapter M of this title (relating to
Types and Classes of Certificates); and Chapter 245 of this title (relating
to Certification of Educators from Other Countries), as those rules existed
on September 1, 2000. This subsection expires July 1, 2003.
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 8, 2001.
TRD-200100098
Pamela B. Tackett
Executive Director
State Board for Educator Certification
Earliest possible date of adoption: February 18, 2001
For further information, please call: (512) 469-3011
19 TAC §233.21
The new section is proposed under the authority of the following
provisions of the Texas Education Code: §4.001(b), which states that
one of the objectives of public education in the State of Texas is to recruit,
develop, and retain qualified and highly effective personnel; §21.003,
which prohibits a person from being employed as a teacher by a school district
unless the person holds an appropriate certificate or permit issued as provided
by Texas Education Code Chapter 21, Subchapter B; §21.031, which authorizes
the board to regulate and oversee all aspects of the certification of public
school educators and to ensure that all candidates for certification demonstrate
the knowledge and skills necessary to improve the performance of the diverse
student population of this state; §21.039(3), which authorizes the executive
director of the board to issue the transitional certificate under this chapter; §21.041(b)(2),
which requires the board to specify the classes of educator certificates to
be issued, including emergency certificates; §21.044, which requires
the board to establish the training requirements a person must accomplish
to obtain a certificate and to specify the minimum academic qualifications
required for a certificate; §21.049, which requires the board provide
for educator certification programs as an alternative to traditional educator
certification programs, without requiring a demonstrated shortage of educators
in a school district or subject area to obtain such certification; and §21.041(b)(5)
and §21.052, which require the board to propose rules that provide for
the issuance of an educator certificate to a person holding a similar certificate
issued by another state or country.
No other statute, article, or code is affected by this proposal.
§233.21.Transitional Permits Based on Credentials from Other Jurisdictions.
(a)
This subchapter applies to a transitional permit for a
person holding a standard educator's credential issued by a jurisdiction other
than the State of Texas. The provisions of this subchapter are in addition
to those in Subchapter A of this chapter (relating to Transitional Permits
for Classroom Teachers) and prevail in the event of a conflict with them.
(1)
Applicable standard certification requirements for credential
holders from other jurisdictions are located in this title under Chapter 230,
Subchapter O of this title (relating to Texas Certificates Based on Certification
and College Credentials from Other States or Territories of the United States),
and Chapter 245 of this title (relating to Certification of Educators from
Other Countries).
(2)
In addition to the authorities cited in Subchapter A of
this chapter, this subchapter is adopted under the authority of §21.041(b)(5)
and §21.052 of the Texas Education Code, 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 similar certificate issued
by another state or country.
(b)
A superintendent must obtain a transitional permit for
a person who:
(1)
will serve as an educator for more than 30 consecutive
instructional days in the same assignment or role;
(2)
holds a standard educator's credential issued by a jurisdiction
other than the State of Texas; and
(3)
does not hold the appropriate standard or equivalent Texas
certification required for the role or is not otherwise authorized to be employed
in the role under this title or the Texas Education Code.
(c)
If the holder of an educator's credential from another
jurisdiction meets all applicable Texas certification requirements under this
title except the appropriate examination requirements, the superintendent
shall request issuance of a transitional permit under this subchapter. The
transitional permit shall be issued for the class of certificate identified
on the out-of-state credential.
(d)
An educator issued a transitional permit under this subchapter
does not have to enter an educator certification program under §233.6
of this chapter (relating to Mentoring and Training of Teachers).
(e)
Temporary foreign teachers/residents. Pursuant to a lawful
foreign exchange or other agreement between the appropriate Texas educational
authorities and those of another country, a transitional permit shall be issued
for a qualified classroom teacher from another country who is not seeking
standard Texas certification.
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 8, 2001.
TRD-200100099
Pamela B. Tackett
Executive Director
State Board for Educator Certification
Earliest possible date of adoption: February 18, 2001
For further information, please call: (512) 469-3011
Chapter 228.
REQUIREMENTS FOR EDUCATOR PREPARATION PROGRAMS
preparation
] programs and the Prekindergarten-Grade
12 public and private schools of Texas. [
Collaboration in the development,
delivery, and evaluation of educator preparation will be required.
]
SBEC's rules governing educator
preparation are designed to
]
promotes
[
promote
]
flexibility and creativity in the design of programs, including [
Centers
for the Professional Development of Teachers and
]alternative
approaches
[
routes
] to
training and
certification,
in Pre-kindergarten-Grade 12 settings
[
to accommodate the unique
characteristics and needs of different regions of the State as well as the
diverse population of potential educators
].
(c)
] All educator
certification
entities
[
preparation programs
] will be subject to the same
standards of performance, as required under Chapter 229 of this title (relating
to the Accountability System for Educator Preparation).
New Entity Approval.
Entities seeking initial approval to deliver educator preparation shall submit
a proposal in accordance with guidelines established by the Executive Director,
with evidence indicating the ability to comply with the provisions of this
chapter and Chapter 227 of this title (relating to Admission to an Educator
Preparation Program). The proposal must also identify the certificates proposed
to be offered by the entity. The proposal will be reviewed under procedures
approved by the executive director, and the executive director shall recommend
to the Board whether the entity should be approved or denied accreditation
pursuant to Chapter 229, §229.3(c) of this title (relating to the Accreditation
Process).
]
(d)
] Approval of all
educator
[
education
]
certification
[
preparation
]
programs
is in addition to requirements imposed by other governing bodies
[
by the Board or by the Executive Director, including each specific
certificate field, is contingent upon approval by other lawfully established
governing bodies
], such as the Texas Higher Education Coordinating Board,
the Texas Education Agency,
boards of regents, or school district boards
of trustees.
(e) Denial of Approval.
] Entities
that fail to meet the requirements of this chapter[
; Chapter 227 of this
title (relating to Admission to an Educator Preparation Program);
] or
Chapter 229 of this title (relating to Accountability System for Educator
Preparation), will not be approved to deliver educator preparation.
Preparation ] Curriculum.
proficiencies
and
] standards
for certification
adopted by the board shall
be the curricular basis for all educator preparation and, for each certificate,
address the relevant knowledge and skills adopted by the
State Board
for Educator Certification.
[
State Board of Education pursuant
to the Texas Education Code (TEC) §28.002(c)-(d). In addition, the preparation
of all candidates for certification must include the specified requirements
for reading instruction adopted by the Board for each certificate.
]
Entities shall ensure that all preparation[
, including field-based experiences,
]
complies
[
comply
] with this subsection.
(c)
] Prior to issuance of the Standard
Certificate under Chapter 232, Subchapter M of this title (relating to the
Types and Classes of Certificates Issued),[
the preparation program
]
undergraduate certification programs
shall require all candidates for
certification to complete a minimum of 12 weeks of full-day teaching practicum.
Candidates for certification must have experiences in a variety of educational
settings with diverse student populations, including observation, modeling,
and demonstration of promising practices to improve student learning.
Chapter 230.
PROFESSIONAL EDUCATOR PREPARATION AND CERTIFICATION
teacher preparation
] program must be assessed
for college level skills in reading, oral and written communication, and mathematics.
take
] examinations required by the Texas Education Code
(TEC), §21.048, and the State Board for Educator Certification.
(h) of this section
] is subject to:
(h) of this section
] occurred; and
Subchapter M. CERTIFICATION OF EDUCATORS IN GENERAL
,
] (relating to Disciplinary Proceedings,
Sanctions, and Contested Cases
)
, Including Enforcement of the Educator's
Code of Ethics;
Subchapter O. TEXAS EDUCATOR CERTIFICATES BASED ON CERTIFICATION AND COLLEGE CREDENTIALS FROM OTHER STATES OR TERRITORIES OF THE UNITED STATES
board
] shall identify the certification areas for which
the applicant qualifies in Texas.
request issuance of a one-year certificate in one or more certification areas
authorized on the out-of-state certificate
].
The transitional permit
may be issued in one or more certification areas identified on the out-of-state
certificate.
(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
transitional permit
[
one-year certificate
] under
Chapter
233 of this title (relating to Transitional Permits)
[
this section
] who does not complete the appropriate examination requirements to
establish eligibility for a Standard Certificate during the validity of the
transitional permit
[
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.
ExCET
] in a certification area for which he or she does not seek standard
certification.
Evaluation ] of [ College ] Credentials.
(a)
] Requests to evaluate an applicant's
credentials for areas of certification that are not identified on the certificate
issued in accordance with §230.461 of this title (relating to General
Provisions) must be directed to an approved Texas educator preparation program.
The appropriate Texas certificate will be issued upon recommendation by the
program.
(b)
] An individual who does not
hold a certificate issued in accordance with §230.461 of this title (relating
to General Provisions) must have his or her credentials evaluated through
an approved Texas educator preparation program and be recommended by the program
for certification.
Subchapter Q. PERMITS
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.
. (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
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.
(d)
] 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)
] If a permit authorized by the
SBEC is not used, the school district shall notify the appropriate education
service center (ESC) in writing.
(f)
] 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:
as a classroom
teacher of record in the Texas public schools
] for more than three school
years, without obtaining initial, standard certification.
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
]
(h)
] Assignments
to positions
other than classroom teacher
[
for other instructional and support
personnel
].
Learning resources personnel
]. An individual must:
learning
resources personnel
]; and
(a)
For all assignments (except career and
technology 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 days of assignment:
Requirements ].
(C)
] For 7-12 semester hours plus
appropriate examination requirements, an individual is eligible for one renewal.
(D)
] For more than 12 semester hours
plus appropriate examination requirements, an individual is eligible for two
renewals.
(3)
] The superintendent or designee
or authorized representative may renew an emergency permit provided the following
requirements and procedures are met.
(4)
] Requests for emergency permit
renewal must be submitted to the appropriate education service center (ESC)
for authorization when:
(5)
] The following materials must
be submitted when requesting authorization for permit renewal from the appropriate
ESC:
teacher
] certificate
other than classroom teacher
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
]
Chapter 233.
TRANSITIONAL PERMITS
Subchapter B. TRANSITIONAL PERMITS FOR EDUCATORS CERTIFIED OUTSIDE TEXAS
Chapter 245.
CERTIFICATION OF EDUCATORS FROM OTHER COUNTRIES