TITLE 19.EDUCATION

Part 7. STATE BOARD FOR EDUCATOR CERTIFICATION

Chapter 230. PROFESSIONAL EDUCATOR PREPARATION AND CERTIFICATION

Subchapter U. ASSIGNMENT OF PUBLIC SCHOOL PERSONNEL

19 TAC §230.601

On October 6, 2000, the State Board for Educator Certification (SBEC) adopted an amendment to 19 Texas Administrative Code §230.601(f), relating to assignment criteria for the new School Counselor and School Librarian Certificates, with changes to the proposed text as published in the November 10, 2000, issue of the Texas Register (25 TexReg 11221).

The section is being adopted with a change to the table regarding "School Librarian". This term was inadvertently dropped from the proposed publication on November 10, 2000 issue of the Texas Register (25 TexReg 11221).

The adopted amendments to §230.601(f) add the terms "School Counselor" and "School Librarian" to the school assignment criteria table. The Board has contemporaneously adopted rules establishing the new School Counselor and School Librarian certificates at 19 Texas Administrative Code, §§239.1, 239.5, 239.10, 239.15, 239.20, 239.25, 239.30, 239.40, 239.45, 239.50, 239.55, 239.60, 239.65, and 239.70.

No comments were received during the statutory period for public comment following publication of the notice of the proposed amendments in the Texas Register .

Because no comments were received during the statutory comment period, the agency makes no response under this part of the reasoned justification.

The amendments relating to assignment criteria for the new School Counselor and School Librarian certificates are adopted under the authority of the following sections of the Texas Education Code: §21.041(b)(1), which requires the Board to propose rules that provide for the general regulation of educators and the general administration of Chapter 21, Subchapter B, of the Education Code; and §21.041(b)(2), which requires the Board to specify the classes of certificates to be issued.

§230.601.Assignment of Public School Personnel.

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

(f)

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

Figure: 19 TAC §230.601(f)

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 3, 2001.

TRD-200100054

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Effective date: January 23, 2001

Proposal publication date: November 10, 2000

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


Chapter 232. GENERAL REQUIREMENTS APPLICABLE TO ALL CERTIFICATES ISSUED

Subchapter M. TYPES AND CLASSES OF CERTIFICATES ISSUED

19 TAC §232.510

On October 6, 2000, the State Board for Educator Certification (SBEC) adopted an amendment to 19 Texas Administrative Code §232.510(b)(5), relating to designation of the new School Librarian Certificate as a class of certificate, without changes to the proposed text published in the November 10, 2000, issue of the Texas Register (25 TexReg 11222).

The adopted amendment to §232.510(b)(5) replaces the superseded term "learning resource specialist" with its replacement "school librarian" as a class of certificate. The Board has contemporaneously adopted rules establishing the new School Librarian certificate at 19 Texas Administrative Code, §§239.40, 239.45, 239.50, 239.55, 239.60, 239.65, and 239.70.

No comments were received during the statutory period for public comment following publication of the notice of the proposed amendments in the Texas Register .

Because no comments were received during the statutory comment period, the agency makes no response under this part of the reasoned justification.

The amendment establishing the new School Librarian certificate as a class of certificates was adopted under the authority of Texas Education Code, § 21.041(b)(2), which requires the Board to specify the classes of certificates to be issued.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 3, 2001.

TRD-200100055

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Effective date: January 23, 2001

Proposal publication date: November 10, 2000

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


Chapter 239. STUDENT SERVICES CERTIFICATES

Subchapter A. SCHOOL COUNSELOR CERTIFICATE

19 TAC §§239.1, 239.5, 239.10, 239.15, 239.20, 239.25, 239.30

On October 6, 2000, the State Board for Educator Certification (SBEC) adopted 19 Texas Administrative Code new §§239.1, 239.5, 239.10, 239.15, 239.20, 239.25, and 239.30, relating to the new School Counselor certificate, without changes to the proposed text as published in the November 10, 2000, issue of the Texas Register (25 TexReg 11223).

The proposed new rules and conforming amendments would establish a new School Counselor Certificate. The Board appointed school counselors, school counselor preparation faculty, and school administrators to the Advisory Committee for the Counselor Certificate, which recommended changes to the current counselor certificate. The main recommendations not accepted by the Board were the requirements for a preliminary credential and completion of an induction period before receiving the standard School Counselor certificate. The proposed rule includes comprehensive counseling and teaching standards and requirements that facilitate the achievement of students by being a knowledgeable and skillful resource for the school community. The standards in the rule will be used to develop assessments for initial certification of school counselors. Section 239.30 of the new rules includes transition language that will supercede various rules regarding the certification of the counselors once the new requirements become effective.

No comments were received during the statutory period for public comment following publication of the notice of the proposed amendments in the Texas Register .

Because no comments were received during the statutory comment period, the agency makes no response under this part of the reasoned justification.

The new rules relating to the establishment of the new School Counselor certificate are adopted under the authority of the following sections of the Texas Education Code: §21.040(4), which requires the Board to appoint for each class of educator certificate an advisory committee composed of members of that class to recommend standards for that class to the Board; §21.041(b)(2)-(4), which requires the Board to specify the classes of certificates to be issued, specify the period of validity for each class of educator certificate, and specify requirements for the issuance and renewal of an educator certificate; § 21.048, which requires the Board to propose rules prescribing a comprehensive examination for the School Counselor certificate (for such examination the standards set out in the rules will be used to develop), and §21.054(a), which requires the Board to establish a process for identifying continuing education courses and programs that fulfill continuing education requirements.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 3, 2001.

TRD-200100056

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Effective date: January 23, 2001

Proposal publication date: November 10, 2000

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


Subchapter B. SCHOOL LIBRARIAN CERTIFICATE

19 TAC §§239.40, 239.45, 239.50, 239.55, 239.60, 239.65, 239.70

On October 6, 2000, the State Board for Educator Certification (SBEC) adopted 19 Texas Administrative Code new §§239.40, 239.45, 239.50, 239.55, 239.60, 239.65, and 239.70, relating to the new School Counselor certificate, without changes to the proposed text as published in the November 10, 2000, issue of the Texas Register (25 TexReg 11226).

The adopted new rules establish a new School Librarian Certificate. The Board appointed school librarians, school librarian preparation faculty, and school administrators to the Advisory Committee for the Learning Resources Certificate, which recommended changes to the current learning resources (librarian) certificate. The main recommendations not accepted by the Board were the requirements for a preliminary credential and completion of an induction period before receiving the standard School Librarian certificate. The proposed rule includes comprehensive librarian and teaching standards and requirements that facilitate the achievement of students by being a knowledgeable and skillful resource for the school community. The standards in the rule will be used to develop assessments for initial certification of school librarians. Section 239.70 of the new rules includes transition language that will supercede various rules regarding the certification of the librarians once the new requirements become effective.

No comments were received during the statutory period for public comment following publication of the notice of the proposed amendments in the Texas Register .

Because no comments were received during the statutory comment period, the agency makes no response under this part of the reasoned justification.

The new rules relating to the establishment of the new School Librarian certificate are adopted under the authority of the following sections of the Texas Education Code: § 21.040(4), which requires the Board to appoint for each class of educator certificate an advisory committee composed of members of that class to recommend standards for that class to the Board; §21.041(b)(2)-(4), which requires the Board to specify the classes of certificates to be issued, specify the period of validity for each class of educator certificate, and specify requirements for the issuance and renewal of an educator certificate; § 21.048, which requires the Board to propose rules prescribing a comprehensive examination for the School Counselor certificate (for such examination the standards set out in the rules will be used to develop), and §21.054(a), which requires the Board to establish a process for identifying continuing education courses and programs that fulfill continuing education requirements.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 3, 2001.

TRD-200100057

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Effective date: January 23, 2001

Proposal publication date: November 10, 2000

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