Part 2.
TEXAS EDUCATION AGENCY
Chapter 89.
ADAPTATIONS FOR SPECIAL POPULATIONS
Subchapter DD. COMMISSIONER'S RULES CONCERNING HIGH SCHOOL EQUIVALENCY PROGRAMS
The Texas Education Agency (TEA) adopts amendments to §§89.1403,
89.1405, 89.1409, and 89.1417 and the repeal of §89.1421, concerning
high school equivalency programs. The sections establish definitions, requirements,
and procedures for implementation of an in-school General Educational Development
(GED) program. The amendments and repeal implement provisions relating to
in-school GED programs, in accordance with Texas Education Code (TEC), §29.087,
as amended by Senate Bill (SB) 1470, 78th Texas Legislature, 2003. The amendments
to §89.1403 and §89.1405 and the repeal to §89.1421 are adopted
without changes to the proposed text as published in the January 16, 2004,
issue of the
Texas Register
(29 TexReg 437)
and will not be republished. The amendments to §89.1409 and §89.1417
are adopted with changes to the proposed text as published in the January
16, 2004, issue of the
Texas Register
(29
TexReg 437).
TEC, §29.087, was amended by SB 1470, 78th Texas Legislature, 2003,
to specify that any school district or open-enrollment charter school is eligible
to apply to the commissioner of education to operate an in-school GED program.
Language added in §89.1403 implements provisions in TEC, §29.087(d),
relating to changes in student eligibility requirements.
Language modified in §89.1405 implements requirements in TEC, §29.087(b),
which establish the authority for any school district or open-enrollment charter
school to operate a program under this section. As a part of the application
process, the commissioner shall require a district or charter school to provide
information regarding the operations of any similar programs during the preceding
five years.
Language modified in §89.1409, in accordance with TEC, §29.087(f),
requires a student participating in an approved high school equivalency program
to take the assessment instruments specified by TEC, §39.023(a), for
Grade 9 and to take each grade level assessment instrument administered during
the period in which the student is enrolled in the program. A student participating
in the program may not take the high school equivalency examinations unless
the student has taken the assessment instrument required by this subsection.
Subsequent to filing the proposal, a technical edit was made to subsection
(e) to clarify that students are required to test on grade level while in
the program.
Language added in §89.1417 implements the provision in TEC, §29.087(b-1),
that a school district or open-enrollment charter school authorized by the
commissioner on or before August 31, 2003, to operate a program under this
section may continue to operate that program. New language also addresses
reporting requirements. Subsequent to filing the proposal, a technical edit
was made to subsection (e) to clarify that students must meet the assessment
requirements specified in §89.1409.
Section 89.1421 is repealed in accordance with the repeal of TEC, §29.087(o).
No comments were received regarding adoption of the amendments and repeal.
19 TAC §§89.1403, 89.1405, 89.1409, 89.1417
The amendments are adopted under the Texas Education Code, §29.087,
amended by Senate Bill 1470, 78th Texas Legislature, 2003, which authorizes
the commissioner of education to adopt rules to implement the requirement
that the agency develop a process by which a school district or open-enrollment
charter school may apply to the commissioner for authority to operate a program
to prepare eligible students to take a high school equivalency examination.
The amendments implement the Texas Education Code, §29.087.
§89.1409.Assessment.
(a)
A student entering a High School Equivalency Program (HSEP)
must take:
(1)
the Grade 9 assessment required by Texas Education Code, §39.025(a),
prior to entering the program;
(2)
each grade level assessment instrument administered during
the period in which the student is enrolled in the program; and
(3)
the assessment instruments required by this subsection
before taking the high school equivalency examination.
(b)
A student entering an HSEP by order of the court pursuant
to the Code of Criminal Proceedings, Article 45.054, or by order of the Texas
Youth Commission (TYC), is exempt from the assessment requirements specified
in subsection (a) of this section.
(c)
The school district or open-enrollment charter school operating
an approved HSEP must present to the General Educational Development (GED)
testing center, on a form provided by the agency, proof that a student has
been administered the assessment instruments required by TEC, §39.025(a)
and §39.023(a). GED testing centers will not allow an HSEP student to
take the high school equivalency examination without proof from the approved
HSEP that the student has been administered the required assessment instruments.
A student who is enrolled in an HSEP as described in this section and withdraws
from the HSEP before taking the assessment instruments required by this subsection
cannot take the GED until after the individual's 18th birthday.
(d)
The school district or open-enrollment charter school operating
an approved HSEP must inform each student who has completed the program of
the time and place at which the student may take the high school equivalency
examination as authorized by TEC, §7.111. A student must be over 17 years
of age or meet other requirements specified in TEC, §7.111, to take the
high school equivalency examination.
(e)
If a student took the Grade 9 or higher grade level assessment
instrument required by TEC, §39.025(a), prior to enrollment in the HSEP
program, the student has met the enrollment and assessment requirement established
by subsection (a)(1) of this section.
§89.1417.Conditions of Program Operation.
(a)
A school district or open-enrollment charter school operating
a High School Equivalency Program (HSEP) must comply with all assurances in
the program application. Approved HSEPs will be required to submit annually
one progress report on a form to be provided by the General Educational Development
Testing Service (GEDTS) to the agency. The data in the progress reports must
be disaggregated by ethnicity, age, gender, and socioeconomic status. Approved
HSEPs will submit data as stated in the assurances section of the program
application.
(b)
A school district or open-enrollment charter school authorized
by the commissioner on or before August 31, 2003, to operate a program in
accordance with this subchapter may continue to operate that program in accordance
with this section.
(c)
Enrollment in an HSEP may not exceed by more than 5% the
total number of students enrolled in a similar program operated by the district
or charter school during the 2000 - 2001 school year.
(d)
A student enrolled in an HSEP must be offered a seven-hour
school day and a 180-day instructional year calendar.
(e)
Beginning with the 2003 - 2004 school year, a student may
be enrolled in an HSEP that was authorized by the commissioner on or before
August 31, 2003; however, the student can not take any portion of the GED
test after September 1, 2003, without meeting the assessment requirements
specified in §89.1409 of this title (relating to Assessment).
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 April 12, 2004.
TRD-200402429
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Effective date: May 2, 2004
Proposal publication date: January 16, 2004
For further information, please call: (512) 475-1497
19 TAC §89.1421
The repeal is adopted under the Texas Education Code, §29.087,
amended by Senate Bill 1470, 78th Texas Legislature, 2003, which authorizes
the commissioner of education to adopt rules to implement the requirement
that the agency develop a process by which a school district or open-enrollment
charter school may apply to the commissioner for authority to operate a program
to prepare eligible students to take a high school equivalency examination.
The repeal implements the Texas Education Code, §29.087.
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 April 12, 2004.
TRD-200402430
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Effective date: May 2, 2004
Proposal publication date: January 16, 2004
For further information, please call: (512) 475-1497
Subchapter CC. COMMISSIONER'S RULES CONCERNING COORDINATED HEALTH PROGRAMS
19 TAC §102.1031
The Texas Education Agency (TEA) adopts new §102.1031,
concerning coordinated health programs for elementary school students, without
changes to the proposed text as published in the January 30, 2004, issue of
the
Texas Register
(29 TexReg 752) and will
not be republished. The new section establishes criteria for evaluating school
health programs in accordance with the Texas Education Code, §38.013,
as amended by Senate Bill (SB) 1357, 78th Texas Legislature, 2003.
SB 19, 77th Texas Legislature, 2001, requires school districts to implement
coordinated school health programs by 2007. In 2002, the TEA organized a committee
to develop criteria for evaluating programs that were submitted for approval.
Two programs were approved for use in complying with SB 19.
SB 1357, 78th Texas Legislature, 2003, amended TEC, §38.013, to require
the commissioner of education to include, in rule, the criteria for evaluating
school health programs. In August 2003, a new committee was formed to review
the criteria used in the 2002 evaluation and recommend modifications if needed.
The revised criteria will be used to evaluate new programs that are submitted
for use in the schools. In accordance with SB 1357, the criteria have been
developed in consultation with the Texas Department of Health's School Health
Advisory Committee.
Adopted new 19 TAC §102.1031 requires that the Texas Education Agency
make available to each school one or more coordinated health programs; establishes
the criteria for evaluating school health programs; and addresses health programs
developed by schools, submission of programs for evaluation, and availability
of programs.
No comments were received regarding adoption of the new section.
The new section is adopted under the Texas Education Code, §38.013,
as amended by SB 1357, 78th Texas Legislature, 2003, which authorizes the
commissioner to by rule adopt criteria for evaluating a coordinated health
program
The new section implements the Texas Education Code, §38.013 and §38.014.
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 April 12, 2004.
TRD-200402431
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Effective date: May 2, 2004
Proposal publication date: January 30, 2004
For further information, please call: (512) 475-1497
Chapter 230.
PROFESSIONAL EDUCATOR PREPARATION AND CERTIFICATION
Subchapter M. CERTIFICATION OF EDUCATORS IN GENERAL
19 TAC §230.413
The State Board for Educator Certification adopts an amendment
to 19 TAC §230.413, relating to the general requirements for certificates
issued by the State Board for Educator Certification. The proposed amendment
is being adopted without change. Section 230.413 was published on February
27, 2004 (28 TexReg 1803) in the
Texas Register
.
The adopted amendment to §230.413 will provide that qualification
for a new credential, the temporary teacher certificate, satisfies one element
of the general requirements for certification as a Texas educator.
The State Board for Educator Certification received no public comments
regarding the proposed amendments.
The proposed amendment to §230.413 is adopted under the
statutory authority of the following Education Code sections: Section 21.031(a),
which vests SBEC with the authority to regulate and oversee all aspects of
the certification, continuing education, and standards of conduct of public
school educators; and Section 21.041(b)(1), Education Code, which requires
SBEC to propose rules that provide for the regulation of educators and the
general administration of Chapter 21, Subchapter B, in a manner consistent
with that subchapter; and Section 21.041(b)(2), which requires SBEC to specify
the classes of certificates to be issued.
No other statutes, articles, or codes are affected by the proposed amendments.
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 April 5, 2004.
TRD-200402329
Ron Kettler
Interim Executive Director
State Board for Educator Certification
Effective date: April 25, 2004
Proposal publication date: February 27, 2004
For further information, please call: (512) 238-3200
19 TAC §230.436
The State Board for Educator Certification adopts amendments
to 19 TAC §230.436, relating to the schedule of fees for certification
services provided by the State Board for Educator Certification. The amendments
to §230.436 are being adopted without change. The proposed amendments
were published in the February 27, 2004 issue of the
Texas Register
(28 TexReg 1805).
The adopted amendment to §230.436 will establish a fee of $50 for
a temporary certificate based on a recommendation by an approved teacher preparation
entity or a Texas public school district. The adopted amendment will also
establish a $175 fee for the review of credentials requiring the analysis
and research of college and university transcripts and degrees for the issuance
of a new credential, the temporary teacher certificate.
The State Board for Educator Certification received no comments regarding
the proposed rule.
The amendment to §230.436 is adopted under the statutory
authority of Section 21.041(c), Education Code, which provides that SBEC shall
propose rules adopting a fee for the issuance and maintenance of an educator
certificate, including an emergency permit, that is adequate to cover the
costs of administration of Chapter 21, Subchapter B, in a manner consistent
with that subchapter.
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 April 5, 2004.
TRD-200402328
Ron Kettler
Interim Executive Director
State Board for Educator Certification
Effective date: April 25, 2004
Proposal publication date: February 27, 2004
For further information, please call: (512) 238-3200
Subchapter A. TYPES AND CLASSES OF CERTIFICATES ISSUED
Chapter 102.
EDUCATIONAL PROGRAMS
Part 7.
STATE BOARD FOR EDUCATOR CERTIFICATION
Subchapter N. CERTIFICATE ISSUANCE PROCEDURES
Chapter 232.
GENERAL REQUIREMENTS APPLICABLE TO ALL CERTIFICATES ISSUED