TITLE 19.EDUCATION

Part 1. TEXAS HIGHER EDUCATION COORDINATING BOARD

Chapter 4. RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS

Subchapter D. DUAL CREDIT PARTNERSHIPS BETWEEN SECONDARY SCHOOLS AND TEXAS PUBLIC COLLEGES

19 TAC §4.83

The Texas Higher Education Coordinating Board proposes amendments to §4.83 concerning student eligibility requirements for dual credit courses. Specifically, proposed amendments to would add a definition of the Texas Assessment of Knowledge and Skills (TAKS).

Dr. Glenda O. Barron has determined that for each year of the first five years this section is in effect, there will not be any fiscal implication to state or local government as a result of enforcing or administering the rules.

Dr. Barron has also determined that for each year of the first five years this section is in effect, the public benefit anticipated as a result of administering these sections will be to update appropriate college readiness assessment requirements for dual credit students. There is no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. There is no impact on local employment.

Comments on the proposal may be submitted to Glenda O. Barron, Texas Higher Education Coordinating Board, 1200 East Anderson Lane, Austin, Texas 78752; Glenda.Barron@thecb.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register .

The amendments are proposed under Texas Education Code, §§29.182, 29.184, 61.027, 61.076(J), 130.001(b)(3) - (4), 130.008, 130.090, and 135.06(d) which provides the Coordinating Board with the authority to regulate dual credit partnerships between secondary schools and public colleges.

The amendments affect Texas Education Code, §§61.05129.182, 29.184, 61.027, 1.076(J), 130.001(b)(3) - (4), 130.008, 130.090, and 135.06(d).

§4.83.Definitions.

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) - (5) (No change.)

(6) Texas Assessment of Knowledge and Skills-The criterion-referenced assessment instruments required under Texas Education Code, §39.023, designed to assess essential knowledge and skills in reading, writing, mathematics, social studies, and science in grades three through twelve.

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 February 10, 2004.

TRD-200400901

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Proposed date of adoption: April 22, 2004

For further information, please call: (512) 427-6114


Part 7. STATE BOARD FOR EDUCATOR CERTIFICATION

Chapter 230. PROFESSIONAL EDUCATOR PREPARATION AND CERTIFICATION

Subchapter G. CERTIFICATION REQUIREMENTS FOR CLASSROOM TEACHERS

19 TAC §§230.191 - 230.194, 230.197, 230.199

The State Board for Educator Certification proposes amendments to the following sections of 19 TAC Chapter 230, Subchapter G: §230.191, relating to educator preparation required in all programs; §230.192, relating to the teacher certificate - elementary; §230.193, relating to the teacher certificate - secondary; §230.194, relating to the all-level teacher certificate in art, music, physical education, speech communications-theatre arts and theatre arts; §230.197, relating to vocational home economic certificates; and §230.199, relating to endorsements.

The proposed amendments to §§230.191-230.194, 230.197 and 230.199 and reflect new standards-based certificates approved by the State Board for Educator Certification (SBEC) and scheduled for implementation in fall 2004 and the replacement or elimination of certain certificates on or about September 1, 2005. Specifically, the new standards-based certificates are designed replace or eliminate the following certificates on or about September 1, 2005: Secondary Industrial Technology (grades 6-12), Vocational Home Economics (grades 6-12), Secondary Health (grades 6-12), Secondary Music (grades 6-12), All-Level Music (pre-kindergarten - grade 12), the Gifted and Talented Endorsement and the Vocational Occupation Orientation (grades 6-12). However, these certificates will remain valid and SBEC will not require holders of these certificates to obtain the corresponding new certificate(s). Educators who hold standard certificates in the areas slated for elimination on September 1, 2005 may renew the certificate upon completion of the requirements specified in 19 TAC Chapter 232, Subchapter R, Certificate Renewal and Continuing Professional Education Requirements. The proposed amendments allow for a one-year overlap of the superseded certificates and the new standards-based certificates, thus providing for the limited availability of current ExCET tests and certificates during the overlap period, 2004-2005.

The proposed amendments to §230.191-230.194, 230.197 and 230.199 delete from these sections those certificates replaced by new categories of classroom certificates beginning on September 1, 2003.

Steve Wright, Chief Financial Officer, State Board for Educator Certification, has determined for the first five-year period the proposed amendments are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed amendments.

Lisa Patterson, Acting General Counsel, State Board for Educator Certification, has determined that for each year of the first five years the proposed amendments are in effect, the public benefit anticipated as a result of enforcing the proposed amendments will be efficient and updated rules governing the assignment of public school educators. The purpose of the proposed amendments are to establish new standards-based certificates scheduled for implementation in fall 2004..

In accordance with Section 2001.022, Government Code, SBEC has determined that the proposed amendments will not impact local economies and, therefore, has not filed a request for a local employment impact statement with the Texas Workforce Commission.

There will be no affect to small or micro businesses.

If adopted, the proposed amendments would be a governmental action providing for the certification of a public school educator and regulating a school district's assignment of a holder of an educator certificate, which is a state-granted privilege, in accordance with Chapter 21, Subchapter B, Education Code, and therefore would not affect private real property under the Private Real Property Preservation Act in Government Code, Chapter 2007.

Comments regarding the proposed amendments may be submitted to Lisa Patterson, Acting General Counsel, State Board for Educator Certification, 4616 West Howard Lane, Suite 120, Austin, Texas 78728, or by e-mail at "lisa.patterson@sbec.state.tx.us."

The proposed amendments to §§230.191-230.194, 230.197 and 230.199 are proposed 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.

§230.191.Preparation Required in All Programs.

(a) - (b) (No change.)

(c) The teacher education program shall include academic specializations and teaching fields in subjects approved to be taught in the public schools of Texas or delivery systems authorized by the State Board of Education (SBOE) under the Texas Education Code (TEC) §28.002(b), for use in the public schools of Texas.

(1) In addition to the teaching certificates specified in this subchapter and Chapter 233 of this title, educator preparation entities operating as alternative certification programs under Texas Education Code (TEC) §21.049, relating to alternative certification, may recommend candidates for certification in the following areas: [ Grades prekindergarten-6 elementary education, Grades prekindergarten-6 elementary bilingual, ]Grades prekindergarten-12 English as a second language (ESL), and Grades prekindergarten-12 generic special education. The provisions of this paragraph expire on September 1, 2004. [ The provisions of this paragraph related to the Grades prekindergarden-6 elementary education and the Grades prekindergarten-6 elementary bilingual certificates expire September 1, 2003. ]

(2) For the teacher certificates, each academic specialization, teaching field, and delivery system shall comply with one or more of the options in this paragraph. In accordance with the Texas Education Code (TEC) §21.050(b), additional semester hours in education are permissible for certification in bilingual education, English as a second language, early childhood education, and special education.[ For the teacher certificate-elementary, six semester hours of upper-division courses in reading shall be included in each option unless reading is selected as an academic specialization. ] For all other certificates based on college-approved teacher education programs, reading shall be included in the approved program. Reading instruction shall be developmental and corrective and include study relating to the phonetic structure of the English language; knowledge of reading instruction such as language-based, phonics-based, and meaning-based instruction; demonstration and application of reading theories; and identification of and teaching strategies and resources for dyslexia and other reading disorders. Reading courses that fulfill these requirements may be offered beyond the 18 semester hours of professional development courses.

[(A) The options for teacher certificate-elementary include the following.]

[(i) Option I (Grades 1-6) requires:]

[(I) two 12-semester-hour (including six semester hours of upper-division courses in each area) academic specializations; and]

[(II) 12 semester hours in a combination of subjects taught in elementary grades. Six semester hours of upper-division courses in reading must be included unless reading is selected as an academic specialization.]

[(ii) Option II (Grades 1-8) requires:]

[(I) one 18-semester-hour (including nine semester hours of upper-division courses) academic specialization; and]

[(II) 18 semester hours in a combination of subjects taught in elementary grades. Six semester hours of upper-division courses in reading must be included unless reading is selected as the academic specialization.]

[(iii) Option III (Grades 1-8, except for the delivery system in generic special education that is valid for assignment to school settings with students identified as having special needs in prekindergarten - Grade 12) requires:]

[(I) one 24-semester-hour (including 12 semester hours of upper-division courses) delivery system or academic specialization in life-earth science, physical science, or social studies; and]

[(II) six semester hours in a combination of subjects taught in elementary grades and six semester hours of upper-division courses in reading.]

[(iv) Option IV (prekindergarten-Grade 6) requires:]

[(I) one 24-semester-hour (including 12 semester hours of upper-division courses) delivery system emphasizing instructional areas designed for early childhood education; and ]

(II) six semester hours in a combination of subjects taught in elementary grades and six semester hours of upper-division courses in reading.

[(v) The provisions of this subparagraph expire on September 1, 2003.]

(A) [ (B) ] The options for teacher certificate-secondary include the following.

(i) Option I (Grades 6-12) requires one 36-semester-hour (including 21 semester hours of upper-division courses) teaching field, with an additional 12 semester hours in a directly supporting field(s).

(ii) Option II (Grades 6-12) requires two 24-semester-hour (including 12 semester hours of upper-division courses in each) teaching fields, delivery systems, or a combination of a teaching field and a delivery system.

(iii) Option III (Grades 6-12) requires one 48-semester-hour (including 24 semester hours of upper-division courses) broad teaching field.

(iv) Option IV (Grades 6-12) requires one 48-semester-hour (including 24 semester hours of upper-division courses, 12 of which are in a single area) composite teaching field. A minimum of six semester hours shall be required in each area.

(B) [ (C) ] The options for teacher certificate-all-level include the following.

(i) Option I (prekindergarten-Grade 12) requires one 48-semester-hour (including 24 semester hours of upper-division courses) academic specialization, which includes six semester hours designed for elementary level and six semester hours designed for secondary level.

(ii) Option II (prekindergarten-Grade 12) requires one 36-semester-hour (including 18 semester hours of upper-division courses) academic specialization, which includes six semester hours designed for elementary level and six semester hours designed for secondary level. Option II is only available for the physical education academic specialization.

(d) - (e) (No change.)

§230.192.Teacher Certificate-Elementary.

The provisions of this section relating to the generic special education delivery system expire on September 1, 2004

Figure: 19 TAC §230.192

[(a) The teacher certificate-elementary shall be based upon completion of a teacher education program as described in §230.191 of this title (relating to Preparation Required in All Programs).]

[(b) Approved academic specializations and delivery systems are listed in the table in this subsection. ]

[Figure:19 TAC §230.192(b)]

[(c) The provisions of this section expire on September 1, 2003, with the exception of the delivery system of generic special education.]

§230.193.Teacher Certificate-Secondary.

(a) The teacher certificate-secondary shall be based on completion of a teacher education program as described in §230.191 of this title (relating to Preparation Required in All Programs).

(b) Approved teaching fields and delivery systems are listed in the table in this subsection.

Figure: 19 TAC §230.193(b)

(c) The provisions of this section relating to the generic special education delivery system expire on September 1, 2004.

[(c) The provisions of this section expire on September 1, 2003, with the exception of the teaching fields and delivery systems in Art, Business, Dance, Generic Special Education, Health Education, Industrial Technology (formerly Industrial Arts), Journalism, Music, Other Languages, Physical Education, Speech Communications, and Theatre Arts.]

(d) The provisions of this section expire on September 1, 2005, with the exceptions of teaching fields in Art, Business, Dance, Journalism, Other Languages, Physical Education, Speech Communications and Theatre Arts

§230.194.Teacher Certificate-All-Level.

(a) The teacher certificate-all-level shall be based upon completion of a teacher education program as described in §230.191 of this title (relating to Preparation Required in All Programs). Areas of academic specialization for the teacher certificate-all-level shall be:

(1) art;

(2) music;

(3) physical education;

(4) speech communications-theatre arts; and

(5) theatre arts.

(b) The provisions in paragraph (2) of this section expire on September 1, 2005.

§230.197.Vocational Home Economics Certificates.

(a) - (e) (No change.)

(f) The provisions of this section expire on September 1, 2005.

§230.199.Endorsements.

(a) - (b) (No change.)

(c) Program requirements for endorsement in delivery system areas.

[(1) Bilingual education.]

[(A) Certificate requirements. The bilingual education endorsement may be added to valid teacher certificates, special education certificates, or vocational certificates that require a college degree.]

[(B) Professional development. The professional development sequence for the bilingual education endorsement shall consist of:]

[(i) 12 semester hours at the graduate or undergraduate level earned after the bachelor's degree in the following areas: ]

[(I) language acquisition and development in childhood (psycholinguistics); ]

[(II) teaching language arts and reading in the language of the target population; ]

[(III) teaching English as a second language, including reading and oral communication; and ]

[(IV) teaching mathematics, science, and social studies in the language of the target population; and ]

[(ii) one creditable year of successful classroom teaching experience on a permit in an approved bilingual education program. ]

[(C) The provisions of this paragraph expire on September 1, 2003. ]

[(2) Early childhood education (prekindergarten - kindergarten).]

[(A) Certificate requirements. The early childhood education endorsement may be added to valid elementary teacher certificates, special education certificates, or vocational home economics certificates that require a college degree. ]

[(B) Professional development. The professional development sequence for the early childhood education endorsement shall consist of an integrated sequence of 12 semester hours, including studies of: ]

[(i) child development including both normal and exceptional development; ]

[(ii) communication skills emphasizing oral language development and literacy; ]

[(iii) cultural diversity of learners and families; ]

[(iv) organization of the classroom and management of the learning environment; ]

[(v) management of student behavior; ]

[(vi) organization of the curriculum and implementation of the essential knowledge and skills, adopted by the State Board of Education under the Texas Education Code (TEC), §28.002(c)-(d), at the appropriate level for the target population; ]

[(vii) diagnosis and evaluation of learning needs, affective, cognitive, and motor; and ]

[(viii) parental involvement. ]

[(C) The provisions of this paragraph expire on September 1, 2003. ]

[ (3) Early childhood--handicapped. ]

[ (A) Certificate requirements. The early childhood-handicapped endorsement may be added to a valid Texas elementary certificate, teacher of young children certificate, special education certificate, all-level certificate, vocational home economics certificate that requires a bachelor's degree, or early childhood education or kindergarten endorsement. ]

[(B) Professional development. The professional development sequence for the early childhood-handicapped endorsement shall consist of: ]

[(i) nine semester hours including, but not limited to, studies of: ]

[(I) infant/child development including both normal and exceptional development; ]

[(II) communication skills emphasizing oral language development and literacy; ]

[(III) cultural diversity of learners and families; ]

[(IV) organization of the classroom and management of the learning environment; ]

[(V) behavior management; ]

[(VI) organization of the curriculum and implementation of the essential knowledge and skills at the appropriate level; ]

[(VII) diagnosis and evaluation of learning needs, affective, cognitive, and motor; and ]

[(VIII) parental involvement; ]

[(ii) nine semester hours directly related to teaching students (ages 0-eight) with handicaps including, but not limited to: ]

[(I) general orientation to special education; ]

[(II) medical aspects of serving young children with handicaps; ]

[(III) methods and technology; ]

[(IV) transition from infant to early childhood programs; and ]

[(V) interagency coordination ]

[(C) ExCET requirement; Early Childhood (14). ]

(1) [ (4) ] Generic special education.

(A) Certificate requirements. The generic special education endorsement may be added to any valid Texas elementary, secondary, all-level, special education, or vocational education certificate based on a bachelor's degree.

(B) Professional development. The professional development sequence for the generic special education endorsement shall consist of 18 semester hours directly related to teaching students with handicaps, including, but not limited to:

(i) infant/child and adolescent development;

(ii) task analysis;

(iii) motor development/adaptive physical education;

(iv) parent training;

(v) oral language development;

(vi) adaptation; modification of instructional methods and materials;

(vii) behavior management;

(viii) classroom management;

(ix) survey of special education;

(x) assessment, diagnosis, and remediation;

(xi) vocational, transition, and related secondary issues, such as interagency coordination;

(xii) concepts of integration and least restrictive environment;

(xiii) consultation techniques; and

(xiv) classroom observation

(C) ExCET requirement; Generic Special Education (37).

(D) The provisions of this paragraph expire on September 1, 2005.

(2) [ (5) ] Seriously emotionally disturbed and autistic.

(A) Certificate requirements. The seriously emotionally disturbed and autistic endorsement may be added to any valid Texas elementary, secondary, all-level, special education, or vocational education certificate based on a bachelor's degree.

(B) Professional development. The professional development sequence for the severely emotionally disturbed and autistic endorsement shall consist of:

(i) nine semester hours, including, but not limited to, studies of the following (Note: Personnel having a generic special education endorsement or delivery system are exempt from the nine semester hours described in this clause):

(I) infant/child and adolescent development;

(II) diagnosis and classroom assessment;

(III) behavior management;

(IV) parent training;

(V) consultation procedures;

(VI) communication/language development;

(VII) classroom management;

(VIII) survey of special education;

(IX) task analysis;

(X) motor development and adaptive physical education;

(XI) vocational, transition, and related secondary issues; and

(XII) crisis intervention and management of violent behavior;

(ii) nine semester hours directly related to teaching the seriously emotionally disturbed and autistic, including, but not limited to:

(I) medical aspects;

(II) interdisciplinary coordination;

(III) curriculum development;

(IV) systematic instruction; and

(V) classroom observation

(C) ExCET requirement: Severely Emotionally Disturbed and Autistic (38).

(D) The provisions of this paragraph expire on September 1, 2005.

(3) [ (6) ] Severely and profoundly handicapped.

(A) Certificate requirements. The severely and profoundly handicapped endorsement may be added to any valid Texas elementary, secondary, all-level, special education, or vocational education certificate based on a bachelor's degree.

(B) Professional development. The professional development sequence for the severely and profoundly handicapped endorsement shall consist of:

(i) nine semester hours, including, but not limited to studies of the following (Note: Personnel having a generic special education endorsement or delivery system are exempt from the nine semester hours described in this clause):

(I) infant/child and adolescent development;

(II) task analysis;

(III) parent training;

(IV) motor development/adaptive physical education;

(V) oral language development;

(VI) behavior management;

(VII) classroom management;

(VIII) assessment/diagnosis;

(IX) secondary issues such as vocation preparation and transition, such as collaboration with other agencies;

(X) crisis intervention and management of violent behavior;

(XI) consultation techniques;

(XII) concepts of integration and least restrictive environment; and

(XIII) use of adaptive/assistance devices;

(ii) nine semester hours directly related to teaching the severely and profoundly handicapped, including, but not limited to:

(I) medical aspects;

(II) interdisciplinary coordination;

(III) curriculum development;

(IV) systematic instruction; and

(V) classroom observation

(C) ExCET requirement: Severely and Profoundly Handicapped (37).

(D) The provisions of this paragraph expire on September 1, 2005.

(4) [ (7) ] Visually handicapped.

(A) Certificate requirement. The visually handicapped endorsement may be added only to special education certificates or to elementary or secondary teacher certificates.

(B) Professional development. The professional development sequence for the visually handicapped endorsement shall consist of: 21 semester hours directly related to teaching the visually handicapped that must include, but need not be limited to:

(i) physiological, psychological, and social factors of blindness;

(ii) literary braille (grade II);

(iii) special braille notations (including nemeth code, braille music, scientific notation, formal and foreign language);

(iv) media, materials, and adaptations;

(v) methods of instruction (including low vision, orientation and mobility, vocational and career exploration, and mulitihandicapped);

(vi) assessment and programming;

(vii) intervention and parent training; and

(viii) survey of exceptional children

(C) ExCET requirement: Visually Handicapped.

(5) [ (8) ] Gifted and talented.

(A) Certificate requirement. The all-level gifted and talented endorsement may be added to a valid initial teacher certificate that requires a college degree.

(B) Professional development. The professional development sequence for the gifted and talented endorsement shall consist of 12 semester hours to include, but not limited to, the following areas:

(i) nature and needs of the gifted and talented;

(ii) identification and assessment of gifted and talented students;

(iii) methods, materials, and curriculum for gifted and talented students;

(iv) counseling and guidance of gifted and talented students; and

(v) creativity: theories, models, and applications; and

(C) The provisions of this paragraph expire on September 1, 2005.

(d) Program requirements for endorsements in special service areas.

(1) English as a second language (ESL).

(A) Certificate requirement. The ESL endorsement may be added to valid teacher certificates, special education certificates, or vocational education certificates that require a college degree.

(B) Professional development. The professional development sequence for the ESL endorsement shall consist of 12 semester hours, including:

(i) language acquisition and development (psycholinguistics);

(ii) methods of teaching ESL; and

(iii) descriptive/contrastive linguistics.

(C) The provisions of this paragraph expire on September 1, 2005.

[ (2) Learning resources. ]

[ (A) Certificate requirement. The learning resources endorsement may be added to valid teacher certificates, special education certificates, or vocational education certificates that require a college degree. ]

[(B) Professional development. The professional development sequence for the learning resources endorsement shall consist of 18 semester hours (including 12 semester hours of upper-division courses) that include the following areas: ]

[(i) selection, evaluation, and acquisition of materials in all formats, including multicultural, multiethnic, and multimedia materials; ]

[(ii) processing and organization of a unified collection of materials; ]

[(iii) instructional design and development; ]

[(iv) learning resources center organization and administration; ]

[(v) local production of instructional materials; ]

[(vi) instructional materials for children and young adults and utilization practices including computer hardware and software; and ]

[(vii) reference and bibliography. ]

[(C) The provisions of this paragraph expire on September 1, 2003. ]

[(3) Information processing technologies. ]

[(A) Certification requirement. The information processing technologies endorsement may be added to valid teacher certificates, special education certificates, or vocational education certificates that require a college degree. ]

[(B) Professional development, level one. The professional development sequence for the information processing technologies, level one endorsement shall: ]

[(i) consist of at least nine semester hours (six semester hours upper-division courses) directly related to information processing; and ]

[(ii) include, but not be limited to, the following content: ]

[(I) background information concerning information processing technology and its use in education (including at least terminology, applications, ethics, impact on society and education, hardware configurations, future trends, historical development, and basic system architecture); ]

[(II) operational skills and familiarity with current information processing tools (including at least tools used for word processing; information storage, retrieval and display; numerical computation, analysis, planning and reporting; transmission of information; graphics production and display; design and manufacturing; and emerging information processing tasks); ]

[(III) methodology for instruction in concepts and skills of information processing (including at least strategies for delivery of concepts and skills, mastery evaluation techniques, methods of modifying curriculum for special students, automated management strategies, teaching methods for keyboarding instruction, techniques for evaluation of software and courseware, and facility management and maintenance); and ]

[(IV) modern programming with experience in at least one language (including at least experience in solving problems using computer programming; application of a program development cycle; program structure, modular design and style; and in-depth coverage of syntax, format, and common use of one primary high-level programming language).]

[(C) Professional development, level two. The professional development sequence for the information processing technologies, level two endorsement shall: ]

[(i) consist of at least 15 semester hours (six semester hours upper-division courses) directly related to information processing; and ]

[(ii) include, but not be limited to, the following content: ]

[(I) background information concerning information processing technology and its use in education (including at least terminology, applications, ethics, impact on society and education, hardware configurations, future trends, historical development, and basic system architecture); ]

[(II) operational skills and familiarity with current information processing tools (including at least tools used for word processing; information storage, retrieval and display, numerical computation, analysis, planning and reporting; transmission of information; graphics production and display; design and manufacturing; and emerging information processing tasks); ]

[(III) methodology for instruction in concepts and skills of information processing (including at least strategies for delivery of concepts and skills, mastery evaluation techniques, methods of modifying curriculum for special students, automated management strategies, teaching methods for keyboarding instruction, techniques for evaluation of software and courseware, and facility management and maintenance); ]

[(IV) modern programming with experience in at least two languages (including at least experience solving problems using computer programming; application of a program development cycle; program structure, modular design and style; in-depth coverage of syntax, format and common uses of one primary high-level programming language; and contrast of a second programming language with the first); and ]

[(V) technology-based delivery and management of instruction (including at least techniques and concepts of technology-based instruction, systems for automated management of instruction, comprehensive systems, involving both delivery and management, educational applications of artificial intelligence, authoring systems, multitechnology instructional systems, and survey of other promising technology-based systems). ]

[(D) The provisions of this paragraph expire on September 1, 2003. ]

(2) [ (4) ] Driver education. An endorsement will be issued upon evidence of completion of requirements specified in 19 TAC Chapter 75, Subchapter AA, Commissioners Rules Concerning Driver Education, §75.1002 Driver Education Teachers.

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 February 12, 2004.

TRD-200400989

Ron Kettler, Ph.D.

Interim Executive Director

State Board for Educator Certification

Earliest possible date of adoption: March 28, 2004

For further information, please call: (512) 238-3280


Subchapter M. CERTIFICATION OF EDUCATORS IN GENERAL

19 TAC §230.413

The State Board for Educator Certification proposes 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 to §230.413 provides that qualification for a new credential, the temporary teacher certificate, satisfies one element of the general requirements for certification as a Texas educator.

Steve Wright, Chief Financial Officer, State Board for Educator Certification, has determined for the first five-year period the proposed amendment is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed amendment.

Lisa Patterson, Acting General Counsel, State Board for Educator Certification, has determined that for each year of the first five years the proposed amendment is in effect, the public benefit anticipated as a result of enforcing the proposed amendment will be the elimination of barriers to certification and an increase in the number of individuals eligible for employment as Texas public school educators.

In accordance with Section 2001.022, Government Code, SBEC has determined that the proposed amendment will not impact local economies and, therefore, has not filed a request for a local employment impact statement with the Texas Workforce Commission.

There will be no affect to small or micro businesses.

If adopted, the proposed amendment would be a governmental action providing for the certification of a public school educator and regulating a school district's assignment of a holder of an educator certificate, which is a state-granted privilege, in accordance with Chapter 21, Subchapter B, Education Code, and therefore would not affect private real property under the Private Real Property Preservation Act in Government Code, Chapter 2007.

Comments regarding the proposed amendment may be submitted to Lisa Patterson, Acting General Counsel, State Board for Educator Certification, 4616 West Howard Lane, Suite 120, Austin, Texas 78728, or by e-mail at "lisa.patterson@sbec.state.tx.us."

The proposed amendment to §230.413 is proposed 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.

§230.413.General Requirements.

(a) (No change.)

(b) An applicant for a Texas educator certificate must:

(1) be at least 18 years of age;

(2) not be disqualified or the subject of a pending proceeding under Chapter 249 of this title, (relating to Disciplinary Proceedings, Sanctions, and Contested Cases, Including Enforcement of the Educator's Code of Ethics;

(3) not be disqualified by federal law;

(4) be willing to support and defend the constitutions of the United States and Texas;

(5) be able to speak and understand the English language sufficiently to use it easily and readily in conversation and teaching. English language proficiency may be evidenced by one of the following:

(A) completion of an undergraduate or graduate degree at an institution of higher education in the United States;

(B) if an undergraduate or graduate degree was earned at an institution of higher education outside of the United States, evidence must be provided under procedures approved by the executive director that the primary language of instruction was English;

(C) completion of a state-approved educator preparation program within the United States;

(D) verification of three creditable years of teaching experience as defined in Subchapter Y of this title (relating to Definitions), in an educational setting within the United States or, if the experience was earned in an educational setting outside of the United States, evidence under procedures approved by the executive director that the primary language of instruction was English; or

(E) verification of satisfactory scores on an English language proficiency exam(s) approved by the executive director of SBEC;

(6) successfully complete all appropriate examinations prescribed in §230.5 of this chapter (relating to Educator Assessment) for the educator certificate sought; and

(7) satisfy one or more of the following requirements:

(A) complete all academic requirements specified in Subchapters G, J, or S of this chapter (relating to Certification Requirements for Classroom Teachers, Certification Requirements for Educators Other Than Classroom Teachers and Educational Aides, and Educational Aide Certificate) or complete all requirements for the certificates specified in Chapter 233 of this title (relating to Categories of Classroom Teaching Certificates) and be recommended for certification through an approved educator preparation program;

(B) qualify under Subchapter O of this chapter (relating to Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States;

(C) qualify under §230.437 of this title (relating to Issuance of Certificates Based on Examination);

(D) qualify for vocational education certificates based on skill and experience specified in Subchapter P of this chapter (relating to Requirements for Standard Certificates and Specialized Assignments or Programs); or

(E) qualify under Chapter 245 of this title (relating to Certification of Educators from Other Countries).

(F) qualify for certification under §232.5 of this title (relating to General Requirements Applicable to all certificates issued, types and classes of certificates).

(c) - (e) (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 February 12, 2004.

TRD-200400990

Ron Kettler, Ph.D.

Interim Executive Director

State Board for Educator Certification

Earliest possible date of adoption: March 28, 2004

For further information, please call: (512) 238-3280


Subchapter N. CERTIFICATE ISSUANCE PROCEDURES

19 TAC §230.435

The State Board for Educator Certification (SBEC) proposes an amendment to §230.435, relating to fees for certification services. The proposed amendments to §230.435 would place an educator on inactive status for failure to pay all related certification fees or for submitting a check that is not honored by the educator’s financial institution. The amendments would further establish a 60 day timeline by which the educator must pay the full certification fee and any related processing fees or face having the certificate placed on inactive status. The inactive status would be reflected on the Official Record of Educator Certificates on the SBEC website and would render the certificate holder ineligible for employment in Texas public schools. The certificate would be reactivated after receipt of full payment of all applicable fees.

The proposed amendments to §230.435 is based on the fiscal impact to the agency and the State of Texas that applicants’ failure to pay for certification services has on the revenues collected by SBEC.

Steve Wright, Chief Financial Officer, State Board for Educator Certification, has determined that, for the first five-year period the proposed amendment is in effect, enforcing or administering the proposed amendments could assist in the collection of as much as $40,000 worth of dishonored check fees over the five year period, based on historical trends.

Lisa Patterson, Acting General Counsel, State Board for Educator Certification, has determined that, for each year of the first five years the proposed amendment is in effect, the public benefits by requiring applicants for certification to pay for certification services rendered by SBEC, thereby reducing the financial losses experienced by the state due to the nonpayment of required fees.

In accordance with Section 2001.022, Government Code, SBEC has determined that the proposed amendment will not impact local economies and, therefore, the agency has not filed a request for a local employment impact statement with the Texas Workforce Commission.

Implementation of the proposed amendment will not affect small or micro businesses.

If adopted, the proposed amendment would be a governmental action regulating issuance of an educator certificate, a statutory privilege, and a governmental action regulating a permit fee paid by a public school to SBEC for a certificate issued by SBEC under Chapter 21, Subchapter B, Education Code, and therefore would not affect private real property under the Private Real Property Preservation Act (Chapter 2007, Government Code).

Comments regarding the proposed amendments may be submitted to Lisa Patterson, Acting General Counsel, State Board for Educator Certification, 4616 West Howard Lane, Suite 120, Austin, Texas 78728, by facsimile transmission at (512) 238-3201, or by e-mail at "lisa.patterson@sbec.state.tx.us."

The amendment is proposed under the statutory authority of the following sections of the Education Code: §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; §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; §21.041(b)(2), which requires SBEC to specify the classes of certificates to be issued; §21.041(b)(3), which requires SBEC to specify the period for which each class of educator certificate is valid; §21.041(b)(4), which requires SBEC to specify the requirements for the issuance and renewal of an educator certificate; and §21.042, which requires SBEC to submit proposed rules to the State Board of Education for review prior to adoption.

No other statutes, articles, or codes are affected by the proposed amendments.

§230.435.Fees for Certification Services.

(a) - (b) (No change.)

(c) The certificate of an applicant who does not pay the applicable certification fee, either by failing to remit full payment or by sending a check that is dishonored, shall be placed on inactive status if the applicant does not pay the full certification fee and any related processing fees within 60 calendar days from the date the notice of payment deficiency is sent to the applicant. The inactive status of a certificate will render the certificate holder ineligible for employment in Texas public schools. A certificate placed on inactive status in accordance with the provisions of this subsection will be returned to active status upon receipt of full payment of all applicable fees.

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 February 12, 2004.

TRD-200400983

Ron Kettler, Ph.D.

Interim Executive Director

State Board for Educator Certification

Earliest possible date of adoption: March 28, 2004

For further information, please call: (512) 238-3280


19 TAC §230.436

The State Board for Educator Certification proposes amendments to 19 TAC §230.436, relating to the schedule of fees for certification services provided by the State Board for Educator Certification.

The proposed amendment to §230.436 establishes 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 proposed amendment also establishes 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.

Steve Wright, Chief Financial Officer, State Board for Educator Certification, has determined that for the first five year period the proposed amendments are in effect, there could be significant fiscal impact to state government as a result of enforcing or administering the rule.

While this proposed amendment may appear to be self-funded at the state level with respect to generating revenue to administer this rule at SBEC, the "hard cap" of SBEC's expenditure budget set by the legislature does not currently allow for the flexibility to pay for testing candidates above the number of historical test takers. Similarly, additional certification revenue, if any, generated by this proposal, does not translate into additional expenditure flexibility by this agency, if there are additional costs with respect to issuing certificates to the population served by this rule. There fore, any additional revenue generated by this bill would benefit of the state as a whole, and not necessarily benefit the teaching community to pay the bills of the agency tasked with administering the rule, unless budget flexibility was granted through other means.

Another potential financial risk to the state is that permit revenue could decline significantly, if school districts utilize this alternate route to certification en masse. Mr. Wright has not made an assessment of the potential number of candidates that this proposal will generate.

Mr. Wright has not attempted to poll or analyze local governments, such as school districts with respect to impact to those units of government. School districts and other parties may offer separate testimony on such issues such as the cost of providing extra mentoring and other services for this population.

Lisa Patterson, Acting General Counsel, State Board for Educator Certification, has determined that for each year of the first five years the proposed amendments are in effect, the public benefit anticipated as a result of enforcing the proposed amendments will be the elimination of barriers to certification and an increase in the number of individuals eligible for employment as Texas public school educators.

In accordance with Section 2001.022, Government Code, SBEC has determined that the proposed amendments rule will not impact local economies and, therefore, has not filed a request for a local employment impact statement with the Texas Workforce Commission.

There will be no affect to small or micro businesses.

If adopted, the proposed rule would be a governmental action regulating a permit fee paid by a public school to SBEC, in accordance with Chapter 21, Subchapter B, Education Code, and therefore would not affect private real property under the Private Real Property Preservation Act in Government Code, Chapter 2007.

Comments regarding the proposed amendments may be submitted to Lisa Patterson, Acting General Counsel, State Board for Educator Certification, 4616 West Howard Lane, Suite 120, Austin, Texas 78728, or by e-mail at "lisa.patterson@sbec.state.tx.us."

The proposed amendment to §230.436 is proposed 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.

No other statutes, articles, or codes are affected by the proposed amendments.

§230.436.Schedule of Fees for Certification Services.

An applicant for a certificate or a school district requesting a permit shall pay the applicable fee from the following list.

(1) Standard Educational Aide certificate--$30.

(2) Standard certificate, additional specialization, teaching field, or endorsement/delivery system, based on recommendation by an approved teacher preparation entity or State Board for Educator Certification authorization; or extension or conversion of certificate--$75.

(3) Probationary certificate based on recommendation by an approved teacher preparation entity or Texas public school district--$50.

(4) Duplicate of certificate or change of name on certificate--$45.

(5) Addition of certification based on completion of appropriate examination--$75.

(6) Review of a credential issued by a jurisdiction other than Texas (nonrefundable)--$175.

(7) Temporary credential based on a credential issued by a jurisdiction other than Texas--$50.

(8) Initial permit, reassignment on permit with a change in assignment or school district, renewal is for nonconsecutive years, or renewal of permit on a hardship basis (nonrefundable)--$55.

(9) Renewal in the school district of a permit at the same target certificate level and initial activation, or renewal in the same school district of a temporary classroom assignment permit--no fee.

(10) National criminal history check for all first-time applicants for credentials--$45.

(11) Temporary certificate based on recommendation by an approved teacher preparation entity or Texas public school district--$50.

(12) Review of an credentials requiring analysis and research of college or university transcript and degrees for issuance of a temporary certificate (nonrefundable)--$175.

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 February 12, 2004.

TRD-200400992

Ron Kettler, Ph.D.

Interim Executive Director

State Board for Educator Certification

Earliest possible date of adoption: March 28, 2004

For further information, please call: (512) 238-3280


Subchapter P. REQUIREMENTS FOR STANDARD CERTIFICATES AND SPECIALIZED ASSIGNMENTS OR PROGRAMS

19 TAC §§230.482 - 230.484

The State Board for Educator Certification proposes amendments to the following section of 19 TAC Chapter 230, Subchapter P: §230.482, relating to specific requirements for standard certificates and endorsements; §230.483, relating to specific requirements for standard career and technology certificates based on experience and preparation in skill areas; §230.484, relating to eligibility requirements for specialized assignments or programs.

The proposed amendments to §§230.482 - 230.484 reflect new standards-based certificates approved by the State Board for Educator Certification (SBEC) and scheduled for implementation in fall 2004, and the replacement or elimination of certain certificates on or about September 1, 2005. Specifically, the new standards-based certificates are designed replace or eliminate the following certificates on or about September 1, 2005: Secondary Industrial Technology (grades 6-12), Vocational Home Economics (grades 6-12), Secondary Health (grades 6-12), Secondary Music (grades 6-12), All-Level Music (pre-kindergarten- grade 12), the Gifted and Talented Endorsement and the Vocational Occupation Orientation (grades 6-12). However, these certificates will remain valid and SBEC will not require holders of these certificates to obtain the corresponding new certificate(s). Educators who hold standard certificates in the areas slated for elimination on September 1, 2005 may renew the certificate upon completion of the requirements specified in 19 TAC Chapter 232, Subchapter R, Certificate Renewal and Continuing Professional Education Requirements. The proposed amendments allow for a one-year overlap of the superseded certificates and the new standards-based certificates, thus providing for the limited availability of current ExCET tests and certificates during the overlap period, 2004-2005.

The proposed amendments to §§230.482 - 230.484 delete from these sections those requirements for certificates replaced by new categories of classroom certificates beginning on September 1, 2003 and add language to allow holders of any Career and Technology Education certificate to be assigned to teach Career Investigation/Career Connections courses upon completion of additional training.

Steve Wright, Chief Financial Officer, State Board for Educator Certification, has determined for the first five-year period the proposed amendments are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed amendments.

Lisa Patterson, Acting General Counsel, State Board for Educator Certification, has determined that for each year of the first five years the proposed amendments are in effect, the public benefit anticipated as a result of enforcing the proposed amendment will be efficient and updated rules governing the assignment of public school educators. The purpose of the proposed amendment is to establish new standards-based certificates scheduled for implementation in fall 2004.

In accordance with Section 2001.022, Government Code, SBEC has determined that the adopted rule will not impact local economies and, therefore, has not filed a request for a local employment impact statement with the Texas Workforce Commission.

There will be no affect to small or micro businesses.

If adopted, the proposed amendments would be a governmental action providing for the certification of a public school educator and regulating a school district's assignment of a holder of an educator certificate, which is a state-granted privilege, in accordance with Chapter 21, Subchapter B, Education Code, and therefore would not affect private real property under the Private Real Property Preservation Act in Government Code, Chapter 2007.

Comments regarding the proposed amendments may be submitted to Lisa Patterson, Acting General Counsel, State Board for Educator Certification, 4616 West Howard Lane, Suite 120, Austin, Texas 78728, or by e-mail at "lisa.patterson@sbec.state.tx.us."

The proposed amendments to §§230.482 - 230.484 are proposed 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.

§230.482.Specific Requirements for Standard Certificates and Endorsements.

(a) The following certificates require completion of an approved educator preparation program offered under Subchapter G of this chapter (relating to Program Requirements for Preparation of School Personnel for Initial Certificates and Endorsements):

[ (1) standard classroom teacher certificate--elementary; ]

(1) [ (2) ] standard classroom teacher certificate--secondary;

(2) [ (3) ] standard classroom teacher certificate--all level;

(3) [ (4) ] standard special education certificates;

(4) [ (5) ] standard agricultural science and standard horticultural science certificates; and

(5) [ (6) ] standard home economics certificate.

(b) - (c) (No change.)

(d) The provisions of subsection (a), paragraph (5) of this section shall expire on September 1, 2005.

§230.483.Specific Requirements for Standard Career and Technology Certificates Based on Experience and Preparation in Skill Areas.

(a) - (c) (No change.)

(d) Standard occupational orientation certificate.

(1) - (3) (No change.)

(4) The provisions of this subsection expire on September 1, 2005

(e) - (g) (No change.)

(h) Teachers assigned to Career Investigations and Career Connections

(1) Teachers assigned to Career Investigations/Career Connections must hold a teacher certificate in any of the Career and Technology program areas, and shall participate in a Texas Education Agency approved two-hour workshop for beginning Career Investigation/Career Connections teachers prior to teaching the course.

(2) Teachers assigned to Career Investigations/Career Connections must also attend and participate in a Texas Education Agency sponsored Career and Technology Education Professional Development Conference prior to assignment.

§230.484.Eligibility Requirements for Specialized Assignments or Programs.

(a) - (c) (No change.)

(d) Requirements for eligibility to teach in specialized assignments or programs shall be as follows.

(1) Vocational adjustment class.

(A) An individual must hold a valid Texas teaching certificate with special education endorsement, special education certificate, or a generic special education delivery system.

(B) An individual must have completed 60 clock hours of in-service training resulting in a certificate of completion and attendance from the in-service provider. The 60 clock hours of in-service training must include the following.

(i) Job development and job analysis.

(I) Job development. This session will include methods for screening the community job market, contacting employers, developing agreements with employers, developing training and employment sites for on-campus work experience and community-based employment (full- and part-time), and information about current employment laws.

(II) Job analysis. This session will include methods for conducting a detailed analysis of the requirements for a specific job. The analysis will include interviewing the employer and coworkers, observing someone performing the job, and possibly performing the job.

(ii) Student assessment and job match.

(I) Student assessment. This session will include introducing, selecting, and appropriately using available test instruments.

(II) Formal and informal approaches. This session will present methods of interpreting comprehensive vocational assessment data and alternative methods of evaluation, both formal and informal.

(III) Job match. This session will include techniques for matching a potential employee to the appropriate job. Using vocational assessment data, related student information, student behavior, employer expectations, and job requirements (job analysis) will be included. Related issues, such as location of the job site, training, and transportation will be addressed.

(iii) Job placement and job site training.

(I) Job placement. This session will include preparing the student and the employer/coworkers for introductions, interviews, and work place orientation. Related issues, such as services from other agencies, employer benefits, and tax credits will be addressed.

(II) Job site training. This session will include the techniques of indirect and direct instruction provided to a student placed on the job. Methods will include working with the employer during the training period, performing as or supervising a job coach, task analyzing the requirements of the job, developing a job site training plan, and managing behavior.

(iv) Sustaining employment. This session will include the skills and behaviors necessary for sustaining employment, methods of reducing direct instruction by school personnel, and transferring training responsibilities to an adult service provided for extended services. Special attention will be given to the generic work-related behaviors critical to getting and keeping a job.

(v) Follow-along and transition.

(I) Follow-along. This session will include the methods for ongoing evaluation of student progress, problem solving and intervention strategies, planning for graduation, follow-up of students who no longer receive direct instruction, and identifying effective procedures for long term follow-up of program graduates to evaluate the program's effectiveness.

(II) Transition. This session will include the process of helping a student make a smooth transition from school to adult life. Individual transition plans (ITP), parental involvement, and information about the services and responsibilities of other agencies that provide services to persons with disabilities will be included.

(C) Teachers assigned to this instructional arrangement before September 1, 1990, will not be required to satisfy the new criteria.

(D) Teachers assigned to this instructional arrangement after September 1, 1990, will have three years from the date of assignment to complete the new criteria.

(2) Agricultural science and technology.

(A) Horticulture. Eligibility to teach horticulture shall require a valid standard certificate for horticultural sciences. No additional course or workshop shall be required for assignment to preemployment laboratory education (PELE) or vocational education for the handicapped programs (VEH) in horticulture.

(B) Cooperative training programs. Eligibility to teach cooperative training programs shall require a valid provisional certificate for agricultural science and one of the following:

(i) a workshop sponsored by the Texas Education Agency (TEA) that is designed to provide specialized training for teachers assigned to implement and conduct cooperative training programs; or

(ii) three semester hours of agriculture education in the area of the special agricultural science and technology program.

(C) Preemployment laboratory education and VEH. Eligibility to teach PELE or VEH shall require a valid Texas certificate for agricultural science and one of the following:

(i) a workshop sponsored by the TEA that is designed to provide specialized training for teachers assigned to teach preemployment; or

(ii) six semester hours of technical agriculture in the area of the special agricultural science and technology program.

(D) Courses and workshops. Agriculture education course work and workshops sponsored by the TEA shall be conducted by institutions approved for the preparation of agricultural science and technology teachers.

(E) Teachers assigned to Career Investigation and Career Connections must hold a teacher certification in any of the Career and Technology (CATE) program areas, and shall participate in a Texas Education Agency (TEA) approved two hour workshop for beginning Career Investigation / Career Connections teachers prior to teaching the course. Teachers must also attend and participate in a TEA sponsored CATE Professional Development Conference prior to assignment.

(3) Occupational home economics.

(A) Eligibility to teach occupational home economics shall require a valid certificate in home economics with an effective date of May 1, 1987, or later or a valid certificate in home economics plus one of the following:

(i) six semester hours of home economics education, emphasizing an all industry approach, to build instructional competencies in occupational home economics; or

(ii) current eligibility to teach specialized areas of home economics through cooperative, preemployment, coordinated-vocational academic education (CVAE) or VEH instructional settings, plus three semester hours of home economics education, emphasizing an all industry approach, to build instructional competencies in occupational home economics.

(B) All courses in home economics education must be completed in an institution approved for professional educator preparation.

(C) Teachers assigned to Career Investigation and Career Connections must hold a teacher certification in any of the Career and Technology (CATE) program areas, and shall participate in a Texas Education Agency (TEA) approved two hour workshop for beginning Career Investigation / Career Connections teachers prior to teaching the course. Teachers must also attend and participate in a TEA sponsored CATE Professional Development Conference prior to assignment.

(D) The provisions of this paragraph expire on September 1, 2005.

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 February 12, 2004.

TRD-200400980

Ron Kettler, Ph.D.

Interim Executive Director

State Board for Educator Certification

Earliest possible date of adoption: March 28, 2004

For further information, please call: (512) 238-3280


Chapter 232. GENERAL REQUIREMENTS APPLICABLE TO ALL CERTIFICATES ISSUED

Subchapter A. TYPES AND CLASSES OF CERTIFICATES ISSUED

19 TAC §232.1, §232.5

The State Board for Educator Certification proposes amendments to 19 TAC §232.1, relating to the types of certificates issued by the State Board for Educator Certification. The State Board for Educator Certification adopts the following new section to Chapter 232: §232.5, relating to the creation of a temporary teacher certificate for grades 8 through 12.

The proposed amendments to §232.1 clarify the effective periods for certificates issued by the State Board for Educator Certification (SBEC).

The proposed §232.5 creates a new certificate to be issued by SBEC: the temporary teacher certificate. Specifically, the proposed new §232.5 creates an alternate route to certification for individuals meeting the following three (3) criteria:

(1.) The individual must possess a baccalaureate degree or advanced degree from an accredited institution of higher education with an academic major or interdisciplinary academic major, including reading, other than education, that is related to at least one area of the curriculum prescribed by Subchapter A, Chapter 28 of the Texas Education Code;

(2.) performs satisfactorily on the appropriate certification examinations prescribed under §21.048 of the Texas Education Code; and

(3.) passes a criminal history background check.

Proposed new §232.5 provides that an individual seeking to obtain a temporary teacher certificate shall pay a fee equal to that required of applicants for a probationary certificate issued by SBEC.

The holder of the temporary teacher certificate proposed in §232.5 may teach only grades 8-12 in a subject area of the curriculum in which the individual possesses an academic major. The temporary teacher certificate is valid for a term not to exceed two (2) academic years.

As proposed, §232.5 states that individuals possessing the temporary teacher credential may only be employed by a Texas public school district under a probationary contract, and employing school districts must provide holders of this credential with intensive support, mentoring and pre-service training during the individual's employment with the district, with guidelines for the support to be promulgated by SBEC's Executive Director.

Upon completion of two years of employment under the temporary teacher certificate, the holder of this credential may apply for a standard certificate issued by SBEC. In order to obtain the standard teaching certificate, the individual must meet the following requirements:

(1.) The individual held a temporary teacher certificate;

(2.) The individual was continuously employed as a teacher of record in a public school district for two academic years; and

(3.) The employing district must favorably review the person's performance and must base the review of the person's performance on the increase in achievement of those students which the person has had charge.

(4.) The employing school district is required to recommend the individual and provide evidence of intensive support to that person; however, the proposed rule §232.5 stipulates that the employing school district may require the holder of a temporary teacher certificate to complete a teacher training program.

Steve Wright, Chief Financial Officer, State Board for Educator Certification, has determined that for the first five year period the proposed amendments and new rules are in effect, that there could be significant fiscal impact to state government as a result of enforcing or administering the proposed amendment and new rule.

While this proposed rule may appear to be self-funded at the state level with respect to the cost to the administrative costs to administer this rule at SBEC, the "hard cap" of SBEC's expenditure budget set by the legislature does not currently allow for the flexibility to pay for testing candidates above historical test takers. Similarly, additional certification revenue, if any, generated by this proposal, does not translate into additional expenditure flexibility by this agency, if there are additional costs with respect to issuing certificates to the population served by this rule.

Another potential financial risk to the state is that permit revenue could decline significantly, if school districts utilize this alternate route to certification en masse. Mr. Wright has not made an assessment of the potential number of candidates that this proposal will generate.

Mr. Wright has not attempted to poll or analyze local governments, such as school districts with respect to impact to those units of government. School districts and other parties may offer separate testimony on such issues such as the cost of providing extra mentoring and other services for this population.

Lisa Patterson, Acting General Counsel, State Board for Educator Certification, has determined that for each year of the first five years the proposed amendments and new rule are in effect, the public benefit anticipated as a result of enforcing the rules will be the elimination of barriers to certification and an increase in the number of individuals eligible for employment as Texas public school educators.

In accordance with Section 2001.022, Government Code, SBEC has determined that the proposed amendments and new rule will not impact local economies and, therefore, has not filed a request for a local employment impact statement with the Texas Workforce Commission.

There will be no affect to small or micro businesses.

If adopted, the proposed amendment and new rule would be a governmental action providing for the certification of a public school educator and regulating a school district's assignment of a holder of an educator certificate, which is a state-granted privilege, in accordance with Chapter 21, Subchapter B, Education Code, and therefore would not affect private real property under the Private Real Property Preservation Act in Government Code, Chapter 2007.

Comments regarding the proposed amendments may be submitted to Lisa Patterson, Acting General Counsel, State Board for Educator Certification, 4616 West Howard Lane, Suite 120, Austin, Texas 78728, or by e-mail at "lisa.patterson@sbec.state.tx.us."

The proposed amendments to §232.1 and the proposed new rule §232.5 are proposed 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.

§232.1.Types of Certificates.

(a) "Type of certificate" means a designation of the period of validity for a certificate and includes the following certificate designations:

(1) standard , as specified in §232.1(c) ;

(2) provisional , as specified in §232.1(b) ;

(3) professional , as specified in §232.1(b) ;

(4) one-year , as specified in §230 Subchapter O and §245;

(5) probationary , as specified in §232 Subchapter A and §232.4 ;

(6) temporary as specified in §232.5 and §230.305 ; and

(7) emergency , as specified in §230 Subchapter Q .

(b) - (c) (No change.)

§232.5.Temporary Teacher Certificates.

(a) A person may be temporarily certified to teach only in grade levels 8-12 if the person:

(1) holds a baccalaureate or advanced degree from an accredited institution of higher education received with an academic major or interdisciplinary academic major, including reading, other than education, that is related to at least one area of the curriculum as prescribed under Subchapter A, Chapter 28, Texas Education Code; and

(2) performs satisfactorily on the appropriate examinations prescribed under Section 21.048, Texas Education Code; and

(3) passes a criminal history background check by submitted fingerprints for review.

(b) A certificate issued under this section is valid for a term not to exceed two academic years.

(c) A person may receive a certificate to teach only in a subject area of the curriculum prescribed under Subchapter A, Chapter 28, in which the person holds a baccalaureate or advanced degree from an institution of higher education with an academic major related to that area of the curriculum. Guidelines for determining the academic major related to the current grades 8-12 certificate structure will be developed by the Executive Director.

(d) A person who applies for a temporary teaching certificate under this section shall pay a fee equal to that required of applicants for a probationary certificate.

(e) A person who holds a certificate under this section may be employed by a school district only if the person and the school district agree that the person will be employed under a probationary contract for each year of the person's employment with the district.

(f) A school district employing a person who holds a certificate issued under this section must provide the board with evidence that it will provide the person with intensive support during the person's employment with the district, including:

(1) mentoring in which the mentoring program is modeled on research-based mentoring and induction programs;

(2) pre-service training that addresses the following areas before the first day of the start of the student academic year and ongoing appropriate professional development must include, but not be limited to, the following areas:

(A) school policies and relevant state and federal law;

(B) instructional methods and strategies that emphasize practical applications of the teaching-learning processes,

(C) curriculum organization, planning, and evaluation, including the scope and sequence of the Texas Essential Knowledge and Skills in the subject area in which the teacher holds a certificate, and

(D) basic principles and procedures of classroom management with emphasis on classroom discipline, using group and individual processes.

(g) Districts delivering the required intensive support for an educator holding the temporary teacher certificate must follow guidelines established by the Executive Director with evidence indicating the ability to comply with the provisions of this chapter.

(h) A school district may require that a person who will be employed by the district and who holds a temporary teacher certificate issued under this section complete a teacher training program.

(i) At the end of the two years of employment, the person must apply to the State Board for Educator Certification for a standard certificate. The person must also be recommended by the current employing school district for certification. All employing school districts must provide evidence to the board that each district provided the aforementioned intensive support.

(j) A standard teaching certificate shall be issued to a person under this section if:

(1) the person held a temporary teacher certificate issued under this section;

(2) the person has been continuously employed as a teacher of record in a public school district for two academic years; and

(3) the employing district(s) has (have) favorably reviewed the person's performance, including classroom performance and performance in any teacher training program(s). Each school district must predominately base the review of a person's performance on the increase in achievement of the students over which the person has had charge.

(k) At the end of the two years of employment, if a person is granted a standard certificate, the person may not apply for or receive another temporary certificate under this rule.

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 February 12, 2004.

TRD-200400991

Ron Kettler, Ph.D.

Interim Executive Director

State Board for Educator Certification

Earliest possible date of adoption: March 28, 2004

For further information, please call: (512) 238-3280


Chapter 233. CATEGORIES OF CLASSROOM TEACHING CERTIFICATES

19 TAC §§233.4, 233.9 - 233.12

The State Board for Educator Certification proposes amendments to the following section of 19 TAC Chapter 233: §233.4, relating to the mathematics and science certificates for teaching in grades 4-8 and 8-12. The State Board for Educator Certification proposes the following new sections to Chapter 233: §233.9, relating to the supplemental certificate for teaching gifted and talented students in the same grade levels and in the same content areas of the holder's base certificate; §233.10, relating to the certificates for teaching fine arts in all levels, from early childhood programs through grade 12; §233.11, relating to certificates for teaching health in all levels, from early childhood programs through grade 12; and §233.12, relating to certificates for teaching career and technology education in grades 6-12.

The proposed amendments to §233.4 and the new §§233.9-233.12 reflect the new standards-based certificates approved by the State Board for Educator Certification (SBEC) and scheduled for implementation in fall 2004. Specifically, the SBEC approved new certificates in the following areas: Technology Education (grades 6-12), Family and Consumer Science Composite (grades 8-12), Human Development and Family Studies (grades 8-12), Hospitality, Nutrition and Food Sciences (grades 8-12), Physics/Mathematics (grades 8-12), Health (early childhood - grade 12), Music (early childhood - grade 12) and a supplemental certificate in Gifted and Talented. These new certificates are designed replace or eliminate the following certificates on or about September 1, 2005: Secondary Industrial Technology (grades 6-12), Vocational Home Economics (grades 6-12), Secondary Health (grades 6-12), Secondary Music (grades 6-12), All-Level Music (pre-kindergarten - grade 12), the Gifted and Talented Endorsement and the Vocational Occupation Orientation (grades 6-12). However, these certificates will remain valid and SBEC will not require holders of these certificates to obtain the corresponding new certificate(s). Educators who hold standard certificates in the areas slated for elimination on September 1, 2005 may renew the certificate upon completion of the requirements specified in 19 TAC Chapter 232, Subchapter R, Certificate Renewal and Continuing Professional Education Requirements. The proposed amendments and new rules allow for a one-year overlap of the superseded certificates and the new standards-based certificates, thus providing for the limited availability of current ExCET tests and certificates during the overlap period, 2004-2005.

The proposed amendments to §233.4 and the new §§233.9 - 233.12 would allow SBEC to issue new categories of teaching certificates beginning no earlier than September 1, 2004.

The proposed amendments to §233.4 add to the existing rule the requirement of additional training for teachers of Principals of Technology I and II courses. As proposed, teachers of Principles of Technology courses will participate in workshops sponsored by the Texas Education Agency in order to receive the necessary supplemental training.

Proposed new §233.9 creates the supplemental certificate in Gifted and Talented which permits the holder to teach students in a Gifted and Talented program at the same grade levels and in the same content area(s) of the holder's base certificate.

Proposed new §233.10 creates a Music certificate which allows the holder to teach music in a pre-kindergarten program, in kindergarten and in grades 1-12.

Proposed new §233.11 creates a Health certificate which allows the holder to teach health in a pre-kindergarten program, in kindergarten and in grades 1-12.

Proposed new §233.12 creates a new certificates in Technology Education for teaching grades 6-12. Holders of this new certificate assigned to teach Principles of Technology I and II are required to participate in a Texas Education Agency approved workshop for beginning principles of technology teachers prior to teaching the course. Technology education teachers must also complete six (6) semester hours of college physics prior to assignment to teach Principles of Technology I and II.

Proposed new §233.12 also creates a Family and Consumer Sciences Composite certificate for teaching grades 6-12, and provides that educators holding a Family and Consumer Sciences Composite certificate for grades 8-12 may teach all Family and Consumer Sciences courses, including Skills for Living, in grades 6-12.

Proposed new §233.12 also creates the Human Development and Family Studies and the Hospitality, Nutrition and Food Sciences certificates for grades 8-12.

Proposed new §233.12 also provides that educators assigned to teach Career Investigation and Career Connections courses must hold a teacher certification in any of the Career and Technology program areas and must participate in a Texas Education Agency approved two hour workshop for beginning Career Investigation and Career Connections teachers prior to teaching the course. These teachers are also required to attend and participate in a Texas Education Agency sponsored Career and Technology Education Professional Development Conference prior to the assignment.

Steve Wright, Chief Financial Officer, State Board for Educator Certification, has determined for the first five-year period the proposed amendments and new rules are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed amendments and new rules.

Lisa Patterson, Acting General Counsel, State Board for Educator Certification, has determined that for each year of the first five years the proposed amendments and new rules are in effect, the public benefit anticipated as a result of enforcing the proposed amendments and new rules will be efficient and updated rules governing the assignment of public school educators. The purpose of the proposed amendments and new rules are to establish new standards-based certificates scheduled for implementation in fall 2004..

In accordance with Section 2001.022, Government Code, SBEC has determined that the proposed amendments and new rules will not impact local economies and, therefore, has not filed a request for a local employment impact statement with the Texas Workforce Commission.

There will be no affect to small or micro businesses.

If adopted, the proposed amendments and rules would be governmental action providing for the certification of a public school educator and regulating a school district's assignment of a holder of an educator certificate, which is a state-granted privilege, in accordance with Chapter 21, Subchapter B, Education Code, and therefore would not affect private real property under the Private Real Property Preservation Act in Government Code, Chapter 2007.

Comments regarding the proposed amendments and new rules may be submitted to Lisa Patterson, Acting General Counsel, State Board for Educator Certification, 4616 West Howard Lane, Suite 120, Austin, Texas 78728, or by e-mail at "lisa.patterson@sbec.state.tx.us."

The proposed amendments to §233.4 and the proposed new rules §§233.9-233.12 are proposed 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 and new rules.

§233.4.Mathematics; Science.

(a) - (d) (No change.)

(e) Science: Grades 8-12. The Science: 8-12 certificate may be issued no earlier than September 1, 2002. The holder of the Science: 8-12 certificate may teach science in Grade 8 and all science courses , including Principles of Technology I and II, and all Health Science Technology courses for which science credit is given in Grades 9 through 12. All teachers assigned to teach Principles of Technology I and II shall participate in a Texas Education Agency approved workshop for beginning principles of technology teachers prior to teaching the course.

(f) (No change.)

(g) Physical Science: Grades 8-12. The Physical Science: 8-12 certificate may be issued no earlier than September 1, 2002. The holder of the Physical Science: 8-12 certificate may teach science in Grade 8 and all physics and chemistry courses, including Integrated Physics and Chemistry, Principles of Technology I and II, and Scientific Research and Design in Grades 9 through 12. All teachers assigned to teach Principles of Technology I and II shall participate in a Texas Education Agency approved workshop for beginning principles of technology teachers prior to teaching the course.

(h) Physics/Mathematics: Grades 8-12. The Physics/Mathematics: 8-12 certificate may be issued no earlier that September 1, 2004. The holder of the Physics/Mathematics: 8-12 certificate may teach mathematics in grade 8 and all mathematics courses in grades 9-12. The holder may also teach science in grade 8, and all physics courses, Principles of Technology I and II, and Scientific Research and Design in grades 9-12. All teachers assigned to teach Principles of Technology I and II shall participate in a Texas Education Agency approved workshop for beginning principles of technology teachers prior to teaching the course.

§233.9.Gifted and Talented.

Gifted and Talented Supplemental. The Gifted and Talented Supplemental certificate may be issued no earlier than September 1, 2004. The holder of the Gifted and Talented Supplemental certificate may teach students in a Gifted and Talented program at the same grade levels and in the same content area(s) of the holder's base certificate.

§233.10.Fine Arts.

Music: Early Childhood-Grade 12. The Music: EC-Grade 12 certificate may be issued no earlier than September 1, 2004. The holder of the Music: EC-Grade 12 certificate may teach music in a pre-kindergarten program, in kindergarten, and in grades 1-12.

§233.11.Health.

Health: Early Childhood-Grade 12. The Health: EC-Grade 12 certificate may be issued no earlier than September 1, 2004. The holder of the Health: EC-Grade 12 certificate may teach health in a pre-kindergarten program, in kindergarten, and in grades 1-12.

§233.12.Career and Technology Education. (Certificates not requiring experience and preparation in skills areas.)

(a) Technology Education, Grades 6-12. The Technology Education: 6-12 certificate may be issued no earlier than September 1, 2004. The holder of the Technology Education: 6-12 certificate may teach all of the Technology Education courses, including Principles of Technology I and II, in grades 6-12. All teachers assigned to teach Principals of Technology I and II shall participate in a Texas Education Agency approved workshop for beginning principles of technology teachers prior to teaching the course. Technology education teachers must also complete six semester hours of college physics prior to assignment to teach Principles of Technology I and II.

(b) Family and Consumer Sciences, Composite, grades 6-12. The Family and Consumer Sciences, Composite: 6-12certificate may be issued no earlier than September 1, 2004. The holder of the Family and Consumer Sciences, Composite: 8-12 certificate may teach all Family and Consumer Sciences courses, including Skills for Living, in grades 6-12.

(c) Human Development and Family Studies, grades 8-12. The Human Development and Family Studies: 8-12 certificate may be issued no earlier than September 1, 2004. The holder of the Human Development and Family Studies: 8-12 certificate may teach the following Family and Consumer Science courses in grades 8-12: Individual and Family Life, Family Health Needs, Services for Older Adults, Child Development, Preparation for Parenting, Child Care and Guidance, Management, and Services.

(d) Hospitality, Nutrition, and Food Sciences, grades 8-12. The Hospitality, Nutrition, and Food Sciences: 8-12 certificate may be issued no earlier than September 1, 2004. The holder of the Hospitality, Nutrition, and Food Sciences: 8-12 certificate may teach the following Family and Consumer Science courses in grades 8-12: Nutrition and Food Science, Food Science and Technology, Institutional Maintenance Management and Services, Hospitality Services, Food Production, Management, and Services.

(e) Teachers assigned to Career Investigation and Career Connections courses must hold teacher certification in any of the Career and Technology Education program areas, and shall participate in a Texas Education Agency approved two hour workshop for beginning Career Investigation and Career Connections teachers prior to teaching the course. Teachers must also attend and participate in a Texas Education Agency sponsored Career and Technology Education Professional Development Conference prior to assignment.

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 February 12, 2004.

TRD-200400988

Ron Kettler, Ph.D.

Interim Executive Director

State Board for Educator Certification

Earliest possible date of adoption: March 28, 2004

For further information, please call: (512) 238-3280


Chapter 239. STUDENT SERVICES CERTIFICATES

Subchapter A. SCHOOL COUNSELOR CERTIFICATE

19 TAC §239.1

The State Board for Educator Certification (SBEC) proposes an amendment to 19 TAC §239.1, relating to certification as a school counselor. The proposed amendment to 19 TAC §239.1 would clarify the assignment criteria for individuals holding a School Counselor certificate by adding language specifying that these educators may provide counseling services to students in regular education programs, career and technology education programs and special education programs in pre-kindergarten through grade 12.

Steve Wright, Chief Financial Officer, State Board for Educator Certification, has determined that, for the first five-year period the proposed amendment is in effect, enforcing or administering the proposed amendments would not have foreseeable implications relating to cost or revenues of state or local governments.

Lisa Patterson, Acting General Counsel, State Board for Educator Certification, has determined that, for each year of the first five years the proposed amendment is in effect, the public benefit anticipated as a result of enforcing the proposed amendment will be greater clarity regarding the assignment possibilities for holders of this student services certificate.

In accordance with Section 2001.022, Government Code, SBEC has determined that the proposed amendment will not impact local economies and, therefore, has not filed a request for a local employment impact statement with the Texas Workforce Commission.

There will be no affect to small or micro businesses.

If adopted, the proposed amendment would be a governmental action regulating issuance of an educator certificate, a statutory privilege, issued by SBEC under Chapter 21, Subchapter B, Education Code, and therefore would not affect private real property under the Private Real Property Preservation Act (Chapter 2007, Government Code).

Comments regarding the proposed amendments may be submitted to Lisa Patterson, Acting General Counsel, State Board for Educator Certification, 4616 West Howard Lane, Suite 120, Austin, Texas 78728, or by e-mail at "lisa.patterson@sbec.state.tx.us."

The amendment to §239.1 is proposed under the statutory authority of the following sections of the Education Code: §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; §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; §21.041(b)(2), which requires SBEC to specify the classes of certificates to be issued; §21.041(b)(3), which requires SBEC to specify the period for which each class of educator certificate is valid; §21.041(b)(4), which requires SBEC to specify the requirements for the issuance and renewal of an educator certificate; and §21.042, which requires SBEC to submit proposed rules to the State Board of Education for review prior to adoption.

No other statutes, articles, or codes are affected by the proposed amendments.

§239.1.General Provisions.

(a) - (b) (No change.)

(c) The holder of a school counselor certificate issued under the provisions of this chapter may provide counseling services to students in regular education programs, career and technology education programs and special education programs in pre-kindergarten through grade 12.

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 February 12, 2004.

TRD-200400986

Ron Kettler, Ph.D.

Interim Executive Director

State Board for Educator Certification

Earliest possible date of adoption: March 28, 2004

For further information, please call: (512) 238-3280


Subchapter B. SCHOOL LIBRARIAN CERTIFICATE

19 TAC §239.40

The State Board for Educator Certification (SBEC) proposes an amendment to 19 TAC §239.40, relating to certification as a school librarian. The proposed amendment to 19 TAC §239.40 would clarify the assignment criteria for individuals holding a School Librarian certificate by adding language specifying that these educators may serve as a librarian in a Texas public elementary, middle or secondary school.

Steve Wright, Chief Financial Officer, State Board for Educator Certification, has determined that, for the first five-year period the proposed amendment is in effect, enforcing or administering the proposed amendment would not have foreseeable implications relating to cost or revenues of state or local governments.

Lisa Patterson, Acting General Counsel, State Board for Educator Certification, has determined that, for each year of the first five years the proposed amendment is in effect, the public benefit anticipated as a result of enforcing the proposed amendment will be greater clarity regarding the assignment possibilities for holders of this student services certificate.

In accordance with Section 2001.022, Government Code, SBEC has determined that the proposed amendment will not impact local economies and, therefore, has not filed a request for a local employment impact statement with the Texas Workforce Commission.

There will be no affect to small or micro businesses.

If adopted, the proposed rule would be a governmental action regulating issuance of an educator certificate, a statutory privilege, issued by SBEC under Chapter 21, Subchapter B, Education Code, and therefore would not affect private real property under the Private Real Property Preservation Act (Chapter 2007, Government Code).

Comments regarding the proposed amendment may be submitted to Lisa Patterson, Acting General Counsel, State Board for Educator Certification, 4616 West Howard Lane, Suite 120, Austin, Texas 78728, or by e-mail at "lisa.patterson@sbec.state.tx.us."

The amendment to §239.40 is proposed under the statutory authority of the following sections of the Education Code: §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; §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; §21.041(b)(2), which requires SBEC to specify the classes of certificates to be issued; §21.041(b)(3), which requires SBEC to specify the period for which each class of educator certificate is valid; §21.041(b)(4), which requires SBEC to specify the requirements for the issuance and renewal of an educator certificate; and §21.042, which requires SBEC to submit proposed rules to the State Board of Education for review prior to adoption.

No other statutes, articles, or codes are affected by the proposed amendment.

§239.40.General Provisions.

(a) - (b) (No change.)

(c) The holder of a school librarian certificate issued under the provisions of this chapter may serve as a librarian in a Texas public elementary, middle or secondary school.

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 February 12, 2004.

TRD-200400987

Ron Kettler, Ph.D.

Interim Executive Director

State Board for Educator Certification

Earliest possible date of adoption: March 28, 2004

For further information, please call: (512) 238-3280


Subchapter C. EDUCATIONAL DIAGNOSTICIAN CERTIFICATE

19 TAC §239.80

The State Board for Educator Certification (SBEC) proposes an amendment to 19 TAC §239.80, relating to certification as an educational diagnostician. The proposed amendment to 19 TAC §239.80 would clarify the assignment criteria for individuals holding a Educational Diagnostician certificate by adding language specifying that these educators may serve as an educational diagnostician, including providing educational assessment and evaluation, for students in early childhood programs through grade 12.

Steve Wright, Chief Financial Officer, State Board for Educator Certification, has determined that, for the first five-year period the proposed amendment is in effect, enforcing or administering the proposed amendment would not have foreseeable implications relating to cost or revenues of state or local governments.

Lisa Patterson, Acting General Counsel, State Board for Educator Certification, has determined that, for each year of the first five years the proposed amendment is in effect, the public benefit anticipated as a result of enforcing the proposed amendment will be greater clarity regarding the assignment possibilities for holders of this student services certificate.

In accordance with Section 2001.022, Government Code, SBEC has determined that the proposed amendment will not impact local economies and, therefore, has not filed a request for a local employment impact statement with the Texas Workforce Commission.

There will be no affect to small or micro businesses.

If adopted, the proposed amendment would be a governmental action regulating issuance of an educator certificate, a statutory privilege, issued by SBEC under Chapter 21, Subchapter B, Education Code, and therefore would not affect private real property under the Private Real Property Preservation Act (Chapter 2007, Government Code).

Comments regarding the proposed amendment may be submitted to Lisa Patterson, Acting General Counsel, State Board for Educator Certification, 4616 West Howard Lane, Suite 120, Austin, Texas 78728, or by e-mail at "lisa.patterson@sbec.state.tx.us."

The amendment to §239.80 is proposed under the statutory authority of the following sections of the Education Code: §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; §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; §21.041(b)(2), which requires SBEC to specify the classes of certificates to be issued; §21.041(b)(3), which requires SBEC to specify the period for which each class of educator certificate is valid; §21.041(b)(4), which requires SBEC to specify the requirements for the issuance and renewal of an educator certificate; and §21.042, which requires SBEC to submit proposed rules to the State Board of Education for review prior to adoption.

No other statutes, articles, or codes are affected by the proposed amendments.

§239.80.General Provisions.

(a) - (b) (No change.)

(c) The holder of an educational diagnostician certificate issued under the provisions of this chapter may serve as an educational diagnostician, including providing educational; assessment and evaluation, for students in early childhood programs through grade 12.

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 February 12, 2004.

TRD-200400985

Ron Kettler, Ph.D.

Interim Executive Director

State Board for Educator Certification

Earliest possible date of adoption: March 28, 2004

For further information, please call: (512) 238-3280


Subchapter D. READING SPECIALIST CERTIFICATE

19 TAC §239.90

The State Board for Educator Certification (SBEC) proposes an amendment to 19 TAC §239.90, relating to certification as a reading specialist. The proposed amendment to 19 TAC §239.90 would clarify the assignment criteria for individuals holding a Reading Specialist certificate by adding language specifying that these educators may teach reading to students in early childhood programs through grade 12.

Steve Wright, Chief Financial Officer, State Board for Educator Certification, has determined that, for the first five-year period the proposed amendment is in effect, enforcing or administering the proposed amendments would not have foreseeable implications relating to cost or revenues of state or local governments.

Lisa Patterson, Acting General Counsel, State Board for Educator Certification, has determined that, for each year of the first five years the proposed amendment is in effect, the public benefit anticipated as a result of enforcing the proposed amendment will be greater clarity regarding the assignment possibilities for holders of this student services certificate.

In accordance with Section 2001.022, Government Code, SBEC has determined that the adopted rule will not impact local economies and, therefore, has not filed a request for a local employment impact statement with the Texas Workforce Commission.

There will be no affect to small or micro businesses.

If adopted, the proposed amendment would be a governmental action regulating issuance of an educator certificate, a statutory privilege, issued by SBEC under Chapter 21, Subchapter B, Education Code, and therefore would not affect private real property under the Private Real Property Preservation Act (Chapter 2007, Government Code).

Comments regarding the proposed amendment may be submitted to Lisa Patterson, Acting General Counsel, State Board for Educator Certification, 4616 West Howard Lane, Suite 120, Austin, Texas 78728, or by e-mail at "lisa.patterson@sbec.state.tx.us."

The amendment to §239.90 is proposed under the statutory authority of the following sections of the Education Code: §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; §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; §21.041(b)(2), which requires SBEC to specify the classes of certificates to be issued; §21.041(b)(3), which requires SBEC to specify the period for which each class of educator certificate is valid; §21.041(b)(4), which requires SBEC to specify the requirements for the issuance and renewal of an educator certificate; and §21.042, which requires SBEC to submit proposed rules to the State Board of Education for review prior to adoption.

No other statutes, articles, or codes are affected by the proposed amendments.

§239.90.General Provisions.

(a) - (b) (No change.)

(c) The holder of a reading specialist certificate issued under the provisions of this chapter may teach reading to students in early childhood programs through grade 12.

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 February 12, 2004.

TRD-200400981

Ron Kettler, Ph.D.

Interim Executive Director

State Board for Educator Certification

Earliest possible date of adoption: March 28, 2004

For further information, please call: (512) 238-3280


Chapter 241. PRINCIPAL CERTIFICATE

19 TAC §241.1

The State Board for Educator Certification (SBEC) proposes an amendment to 19 TAC §241.1, relating to certification as a principal. The proposed amendment to 19 TAC §241.1 would clarify the assignment criteria for individuals holding a Principal certificate by adding language specifying that these educators may serve as a principal or assistant principal in a Texas public elementary, middle or secondary school.

Steve Wright, Chief Financial Officer, State Board for Educator Certification, has determined that, for the first five-year period the proposed amendment is in effect, enforcing or administering the proposed amendments would not have foreseeable implications relating to cost or revenues of state or local governments.

Lisa Patterson, Acting General Counsel, State Board for Educator Certification, has determined that, for each year of the first five years the proposed amendment is in effect, the public benefit anticipated as a result of enforcing the proposed amendment will be greater clarity regarding the assignment possibilities for holders of this administrative certificate.

In accordance with Section 2001.022, Government Code, SBEC has determined that the proposed amendment will not impact local economies and, therefore, has not filed a request for a local employment impact statement with the Texas Workforce Commission.

There will be no affect to small or micro businesses.

If adopted, the proposed amendment would be a governmental action regulating issuance of an educator certificate, a statutory privilege, issued by SBEC under Chapter 21, Subchapter B, Education Code, and therefore would not affect private real property under the Private Real Property Preservation Act (Chapter 2007, Government Code).

Comments regarding the proposed amendment may be submitted to Lisa Patterson, Acting General Counsel, State Board for Educator Certification, 4616 West Howard Lane, Suite 120, Austin, Texas 78728, or by e-mail at "lisa.patterson@sbec.state.tx.us."

The amendment to §241.1 is proposed under the statutory authority of the following sections of the Education Code: §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; §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; §21.041(b)(2), which requires SBEC to specify the classes of certificates to be issued; §21.041(b)(3), which requires SBEC to specify the period for which each class of educator certificate is valid; §21.041(b)(4), which requires SBEC to specify the requirements for the issuance and renewal of an educator certificate; and §21.042, which requires SBEC to submit proposed rules to the State Board of Education for review prior to adoption.

No other statutes, articles, or codes are affected by the proposed amendments.

§241.1.General Provisions.

(a) - (c) (No change.)

(d) The holder of the Principal Certificate issued under the provisions of this chapter may serve as a principal or assistant principal in a Texas public elementary, middle, or secondary school.

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 February 12, 2004.

TRD-200400982

Ron Kettler, Ph.D.

Interim Executive Director

State Board for Educator Certification

Earliest possible date of adoption: March 28, 2004

For further information, please call: (512) 238-3280


Chapter 242. SUPERINTENDENT CERTIFICATE

19 TAC §242.20

The State Board for Educator Certification (SBEC) proposes an amendment to 19 TAC §242.20, relating to certification as a superintendent. The proposed amendment to 19 TAC §242.20 would clarify the assignment criteria for individuals holding a Superintendent certificate by adding language specifying that these educators may serve as a superintendent in a Texas public school district.

Steve Wright, Chief Financial Officer, State Board for Educator Certification, has determined that, for the first five-year period the proposed amendment is in effect, enforcing or administering the proposed amendments would not have foreseeable implications relating to cost or revenues of state or local governments.

Lisa Patterson, Acting General Counsel, State Board for Educator Certification, has determined that, for each year of the first five years the proposed amendment is in effect, the public benefit anticipated as a result of enforcing the proposed amendment will be greater clarity regarding the assignment possibilities for holders of this administrative certificate.

In accordance with Section 2001.022, Government Code, SBEC has determined that the proposed amendment will not impact local economies and, therefore, has not filed a request for a local employment impact statement with the Texas Workforce Commission.

There will be no affect to small or micro businesses.

If adopted, the proposed rule would be a governmental action regulating issuance of an educator certificate, a statutory privilege, issued by SBEC under Chapter 21, Subchapter B, Education Code, and therefore would not affect private real property under the Private Real Property Preservation Act (Chapter 2007, Government Code).

Comments regarding the proposed amendments may be submitted to Lisa Patterson, Acting General Counsel, State Board for Educator Certification, 4616 West Howard Lane, Suite 120, Austin, Texas 78728, or by e-mail at "lisa.patterson@sbec.state.tx.us."

The amendment to §242.20 is proposed under the statutory authority of the following sections of the Education Code: §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; §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; §21.041(b)(2), which requires SBEC to specify the classes of certificates to be issued; §21.041(b)(3), which requires SBEC to specify the period for which each class of educator certificate is valid; §21.041(b)(4), which requires SBEC to specify the requirements for the issuance and renewal of an educator certificate; and §21.042, which requires SBEC to submit proposed rules to the State Board of Education for review prior to adoption.

No other statutes, articles, or codes are affected by the proposed amendments.

§242.20.Requirements for the Standard Superintendent Certificate.

(a) - (c) (No change.)

(d) The holder of the Superintendent Certificate issued under the provisions of this chapter may serve as a superintendent in a Texas public school district.

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 February 12, 2004.

TRD-200400984

Ron Kettler, Ph.D.

Interim Executive Director

State Board for Educator Certification

Earliest possible date of adoption: March 28, 2004

For further information, please call: (512) 238-3280