TITLE 19.EDUCATION

Part 7. STATE BOARD FOR EDUCATOR CERTIFICATION

Chapter 241. PRINCIPAL CERTIFICATE

The State Board for Educator Certification adopts amendments to 19 Texas Administrative Code Chapter 241, §§241.5, 241.10, 241.20, 241.25, 241.30, and 241.40, relating to the Standard Principal Certificate, without changes to the text of the proposed rules as published in the March 30, 2001, issue of the Texas Register (26 TexReg 2473). The Board adopts amendments to 19 Texas Administrative Code Chapter 241, §241.15, relating to the Standard Principal Certificate, without changes to the text of the proposed rule as published in the April 20, 2001, issue of the Texas Register (26 TexReg 2921).

The following is a summary of the factual basis for the rules as adopted that demonstrates a rational connection between the factual basis for the rules and the rules as adopted:

The adopted amendments to Chapter 241 are designed to eliminate unnecessary barriers to candidates seeking the Standard Principal Certificate while ensuring they continue to meet the quality standards set by the Board.

The adopted amendments to §241.5 remove unnecessarily prescriptive requirements for admission to a principal preparation program, such as a set grade point average on prior university-level coursework or performance on a nationally normed assessment. The amendments to §241.5 and §241.10 will now allow preparation entities the full authority to set admission criteria, assessments and benchmarks, and coursework and other training for candidates for the Principal Certificate. Amended §241.5 and §241.10 will make Chapter 241 consistent with the Board's rules generally governing educator preparation programs located in Chapters 227 and 228.

Deleting the requirement in §241.15 and §241.20 for employment on a Conditional Certificate before receiving the standard certificate will allow candidates to proceed to full certification more expeditiously without unduly compromising their preparation. The rule formerly required a candidate to complete a preparation program, then serve an internship on a Conditional Certificate as either a principal or assistant principal before the candidate could receive the Standard Principal Certificate. The Board was presented with satisfactory evidence that serving on the Conditional Certificate had no foundation as a predictor or guarantor of performance as a fully certified principal. Consequently, the Conditional Certificate was never issued, though it remained in rule.

The amendments adopted for §241.20 and §241.25 will allow candidates to complete all preparation requirements and then be recommended directly for the Standard Principal Certificate. In lieu of the Conditional Certificate, the amendments to §241.20 offer guidance for school districts in establishing induction programs to help newly certified principals succeed during their initial employment as such in Texas.

Amended §241.25 retains the teaching-experience requirement formerly located in §241.20 because the evidence assessed by the Board indicated that having prior teaching experience helps administrators deal more effectively with personnel and curriculum issues than not having it.

Section 241.30, relating to requirements to renew the Standard Principal Certificate, is rearranged for clarity by juxtaposing the guidance for holders of the Standard Certificate and holders of certificates issued prior to September 1, 1999. Renumbered Subsection (e) of §241.30 is amended to clarify which holders of a previously issued Texas Principal certificate are required to complete assessments under §241.35.

Section 241.40, relating to implementation dates, deletes the reference to the eliminated Conditional Certificate and its associated induction period in former §241.20, replacing it with a reference to the amended requirements for issuance of the Standard Principal Certificate. New Subsection (d) is added to §241.40 to specify when the requirements found in new §241.20 for districts' mentoring and support of first-time principals must begin.

Because no party submissions or proposals were received, an explanation of the agency's reasons for disagreement is not required.

No comments were received in response to the notice of proposed rules as published in the above-referenced issue of the Texas Register .

19 TAC §§241.5, 241.10, 241.20, 241.25, 241.30, 241.40

The amendments relating to the Standard Principal 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; §21.046, which specify the minimum qualifications for certification as a principal; and §21.054, which requires the Board to establish a process for identifying continuing education courses and programs that fulfill continuing education requirements, including an individual assessment of a principal's knowledge, skills, and proficiencies.

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 May 21, 2001.

TRD-200102829

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Effective date: June 10, 2001

Proposal publication date: March 30, 2001

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


19 TAC §241.15

The amendments relating to the Standard Principal 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; §21.046, which specify the minimum qualifications for certification as a principal; and §21.054, which requires the Board to establish a process for identifying continuing education courses and programs that fulfill continuing education requirements, including an individual assessment of a principal's knowledge, skills, and proficiencies.

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 May 21, 2001.

TRD-200102830

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Effective date: June 10, 2001

Proposal publication date: April 20, 2001

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


Chapter 250. AGENCY ADMINISTRATION

Subchapter D. NEGOTIATION AND MEDIATION PROCEDURES RELATING TO CERTAIN CONTRACT DISPUTES

19 TAC §§250.40 - 250.49

State Board for Educator Certification adopts new 19 Texas Administrative Code Chapter 250, Subchapter D, §§ 250.40- 250.49, relating to the resolution of certain contract claims involving the State Board for Educator Certification, without changes to the text of the proposed rules as published in the April 6, 2001, issue of the Texas Register (26 TexReg 2616).

The following is a summary of the factual basis for the rules as adopted that demonstrates a rational connection between the factual basis for the rules and the rules as adopted:

The proposed rules, along with Chapter 2260 of the Government Code, would establish for SBEC the following five-stage resolution process for the efficient and fair resolution of breach of contract claims and counterclaims:

1. Notice of claim or counterclaim delivered by one contracting party to the other. (SBEC proposed rule.)

2. Negotiation of dispute just between SBEC and the contractor. (SBEC proposed rule.)

3. Mediation facilitated by neutral third party of any unresolved issues following negotiation. (SBEC proposed rule.)

4. Administrative Hearing before the State Office of Administrative Hearings (SOAH) of issues left unresolved following negotiation and mediation. (Referral to SOAH: SBEC proposed rule. Conduct of hearing: Statutory provisions and SOAH procedural rules.)

5. Administrative decision by SOAH as to whether SBEC shall pay a pending claim for damages of less than $250,000. SOAH's decision would not be appealable or otherwise subject to judicial review. (Statutory provisions.)

OR

Report and recommendation to the Legislature by SOAH that a pending claim against SBEC for damages of over $250,000 either (1) should be paid; or (2) payment and permission to sue the State should be denied. (Statutory provisions.)

Because no party submissions or proposals were received, an explanation of the agency's reasons for disagreement is not required.

No comments were received in response to the notice of proposed rules as published in the above-referenced issue of the Texas Register .

Passed in 1999 by the 76th Legislature, Chapter 2260 of the Government Code governs the resolution of certain contract claims against the State of Texas. Section 2260.052(c) of that act requires SBEC to adopt rules for settling breach of contract claims against the agency. The Office of the Attorney General and the State Office of Administrative Hearings have jointly developed model rules to guide agencies, which may modify them in conformity with statute. SBEC's proposal modifies the model rules by allowing the parties by agreement to apply the rules to contract claims brought by SBEC against a contractor, rather than just to claims brought against the agency by a contractor.

The new rules are adopted under the authority of Chapter 2260 of the Government Code, which governs the resolution of certain contract claims against the State of Texas. Section 2260.052(c) of that act requires SBEC to adopt rules for settling breach of contract claims against the agency. The rules are also adopted under §21.041(b)(1) of the Education Code, which requires SBEC to propose rules that provide for the general administration of the agency.

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 May 21, 2001.

TRD-200102831

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Effective date: June 10, 2001

Proposal publication date: April 6, 2001

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