TITLE 19.EDUCATION

Part 7. STATE BOARD FOR EDUCATOR CERTIFICATION

Chapter 230. PROFESSIONAL EDUCATOR PREPARATION AND CERTIFICATION

Subchapter G. CERTIFICATION REQUIREMENT FOR CLASSROOM TEACHERS

19 TAC §§230.191, 230.193 - 230.196, 230.198, 230.199

The State Board for Educator Certification (SBEC) proposes amendments to §§230.191, 230.193, 230.194, 230.195, 230.196, 230.198, and 230.199, relating to certification requirement for classroom teachers. The sections establish provisions relating to preparation required in all programs (§230.191); teacher certificate--secondary (§230.193); teacher certificate--all-level (§230.194); special education certificates (§230.195); vocational agriculture certificates (§230.196); vocational marketing education certificates (§230.198); and endorsements (§230.199). The proposed amendments provide for the SBEC to cease issuing certain ExCET-based certificates on September 1, 2007. The superseded certificates will remain valid and SBEC will not require educators who hold one of these certificates to obtain the corresponding new certificate. The amendments will allow for an overlap of the superseded certificates and corresponding certification exams.

Pursuant to §2001.034 of the Government Code, which allows a state agency to adopt an emergency rule if the agency finds that a requirement of state or federal law requires adoption of a rule on fewer than 30 days notice, the proposed amendments were filed as emergency adoptions taking effect immediately on January 19, 2006. The emergency adopted amendments were published in the February 3, 2006, issue of the Texas Register (31 TexReg 619). The SBEC found that emergency amendments were necessary to comply with the requirements of state and federal law.

With the exception of technical edits, the proposed amendments reflect rule actions adopted by the SBEC in 2005. Specifically, the proposed amendments accomplish the following.

In §230.191, language is added to subsections (c)(2)(A)(v), (c)(2)(B)(iii), and (f) to allow provisions for the ExCET-based secondary Grades 6-12 certificates and all level prekindergarten-Grade 12 certificates to expire on September 1, 2007. Additional non-substantive, technical edits are also made to this section.

In §230.193, language is modified in subsection (d) to allow provisions relating to art, dance, journalism, speech communications, and theatre arts to expire on September 1, 2007, and provisions relating to business and other languages to expire on September 1, 2008.

In §230.194, language is added in subsection (c) to allow provisions relating to art, speech communications-theatre arts, and theatre arts to expire on September 1, 2007.

In §230.195, language is added in subsection (c) to allow provisions of the section to expire on September 1, 2007. Additional non-substantive, technical edits are also made to this section.

In §230.196, language is added in subsection (g) to allow provisions of the section to expire on September 1, 2007. Additional non-substantive, technical edits are also made to this section.

In §230.198, language is added in subsection (f) to allow provisions of the section to expire on September 1, 2007. Additional non-substantive, technical edits are also made to this section.

In §230.199, language is added in subsection (c)(4)(D) to allow provisions relating to endorsements for the visually handicapped delivery system area to expire on September 1, 2007. Additional non-substantive, technical edits are also made to this section.

These amendments are proposed in conjunction with proposed amendments to rules in Subchapter P, Requirements for Standard Certificates and Specialized Assignments or Programs, of this chapter and proposed amendments in 19 TAC Chapter 233, Categories of Classroom Teaching Certificates.

Patricia Hayes, associate commissioner for educator quality and P-16 initiatives, has determined that for the first five-year period the amendments are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the amendments.

Ms. Hayes has determined that for each year of the first five years the amendments are in effect the public benefit anticipated as a result of enforcing the amendments will be that obsolete certificates will be replaced by certificates based on the public school curriculum outlined in the Texas Essential Knowledge and Skills. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the amendments.

Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, (512) 475-1497. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 463-0028. All requests for a public hearing on the proposed amendments submitted under the Administrative Procedure Act must be received by the Department of Educator Quality and P-16 Initiatives, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, Attention: Patricia Hayes, not more than 15 calendar days after notice of the proposal has been published in the Texas Register .

The amendments are proposed under the following Texas Education Code sections: §21.031(a), which vests the 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), which requires the 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 the SBEC to specify the classes of certificates to be issued; and §21.041(b)(3), which requires the SBEC to specify the period for which each class of educator certificate is valid.

The proposed amendments implement Texas Education Code, §21.031(a) and §21.041(b)(1), (2), and (3).

§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 (relating to Categories of Classroom Teaching Certificates) , educator preparation entities operating as alternative certification programs under TEC, [ Texas Education Code (TEC) ] §21.049, relating to alternative certification, may recommend candidates for certification in the following areas: prekindergarten-Grade 12 [ Grades prekindergarten-12 ] English as a second language [ (ESL), ] and prekindergarten-Grade 12 [ Grades prekindergarten-12 ] generic special education. The provisions of this paragraph expire on September 1, 2004.

(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 TEC, [ 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 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--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.

(v) The provisions of this subparagraph expire on September 1, 2007.

(B) The options for teacher certificate--all-level [ 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.

(iii) The provisions of [ clause (ii) of ] this subparagraph expire on September 1, 2007 [ 2005 ].

(d) The professional development sequence for the initial teacher certificate shall consist of 18 semester hours of upper-division courses. The following [ three ] components must be included.

(1) Core requirements common to all grade level options include studies of:

(A) teaching-learning processes, including measurement and evaluation of student achievement;

(B) human growth and development;

(C) knowledge and skills concerning the unique needs of special learners, such as:

(i) multicultural education: the impact of cultural, ethnic, language, and social differences upon instructional processes;

(ii) the characteristics, assessment, least restrictive alternatives, and admission, review, and dismissal processes for students requiring individualized or specialized education programs; and

(iii) the characteristics, identification, and needs of gifted and talented students;

(D) legal and ethical aspects of teaching to include the recognition of and response to signs of abuse and neglect in children;

(E) structure, organization, and management of the American school system, with emphasis upon the state and local structure in Texas; and

(F) educational computing, media, and other technologies.

(2) Methodology requirements specifically designed for the grade level option selected shall include studies of the following:

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

(B) curriculum organization, planning, and evaluation;

(C) basic principles and procedures of classroom management with emphasis on classroom discipline, using group and individual processes as well as different techniques and procedures adapted to the personality of the teacher; and

(D) the scope and sequence of the essential knowledge and skills for all subjects required in the elementary course of study that are not included in the academic specializations when elementary options are selected.

(e) The professional development sequence for the teacher certificate--all-level shall include a minimum of three semester hours designed for the elementary level and three semester hours designed for the secondary level.

(f) The provisions of subsections (d) and (e) of this section expire on September 1, 2007.

§230.193.Teacher Certificate--Secondary.

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

(d) The provisions of this section expire on September 1, 2005 , with the exception of teaching fields in Art, [ Business, ] Dance, Journalism, [ Other Languages, ] Speech Communications, and Theatre Arts , which expire on September 1, 2007, and the teaching fields in Business and Other Languages, which expire on September 1, 2008 .

§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 paragraphs (2) and (3) of this section expire on September 1, 2005.

(c) The provisions of paragraphs (1), (4), and (5) of this section expire on September 1, 2007.

§230.195.Special Education Certificates.

(a) The special education certificates shall be based upon completion of a teacher education program as described in §230.191(a), (b), and (c) of this title (relating to Preparation Required in All Programs). In accordance with the Texas Education Code [ (TEC) ], §21.050(b), additional semester hours in education are permissible for certification in special education. Hearing impaired specialization shall prepare the individual to teach prekindergarten through Grade [ grade ] 12 in programs designed to serve the hearing impaired and shall require 36 semester hours in courses specifically designed for teaching the deaf and severely hard of hearing, including:

(1) survey of special education;

(2) foundations of education for the deaf (history of education of the deaf, psychology of deafness, the state curriculum for the deaf, and the legal aspects of education for the deaf);

(3) audiology (auditory training and testing and speech reading);

(4) speech for the deaf;

(5) language for the deaf;

(6) manual communication (finger spelling, signed English, and American Sign Language); and

(7) teaching reading to the deaf.

(b) The professional development sequence for special education certificates shall consist of 18 semester hours of upper-division courses. Reading, which may be offered beyond the 18 semester hours of professional development courses, must be included. Reading instruction will be developmental and corrective, and will incorporate identification, teaching strategies, and resources for dyslexia and related disorders and other reading disorders. The following components must be included.

(1) Core requirements common to all grade levels shall include §230.191 (d) [ (e) ] (1) of this title (relating to Preparation Required in All Programs).

(2) Methodology requirements specifically designed for both the elementary and secondary grade levels shall include §230.191 (d) [ (e) ] (2) of this title.

(c) The provisions of this section expire on September 1, 2007.

§230.196.Vocational Agriculture Certificates.

(a) The program shall include at least one of the following specializations:

(1) production agriculture; or

(2) ornamental horticulture.

(b) The specialization in production agriculture shall consist of 48 semester hours (24 semester hours of upper-division courses) of technical agriculture as follows:

(1) agricultural economics--three semester hours;

(2) animal science--nine semester hours;

(3) soil and plant science--nine semester hours;

(4) agricultural engineering--nine semester hours; and

(5) scientific agriculture electives--18 semester hours.

(c) The specialization in ornamental horticulture shall consist of 48 semester hours (24 semester hours of upper-division courses) of technical agriculture. The program shall include the following areas:

(1) agricultural economics;

(2) genetics (plant reproduction);

(3) greenhouse and nursery management;

(4) plant nutrition;

(5) plant pathology;

(6) plant physiology;

(7) plant and soil science; and

(8) taxonomy of flowering plants.

(d) The professional development sequence shall consist of 18 semester hours of upper-division courses. No more than nine semester hours of the professional development sequence may be completed in vocational agriculture education courses. Reading, which may be offered beyond the 18 semester hours of professional development, must be included. Reading instruction will be developmental and corrective, and will incorporate identification, teaching strategies, and resources for dyslexia and other reading disorders.

(1) Core requirements specifically designed for secondary grade levels shall include §230.191 (d) [ (e) ] (1) of this title (relating to Preparation Required in All Programs) .

(2) Methodology requirements shall include, but need not be limited to:

(A) adult and young farmer education;

(B) youth leadership development and activities;

(C) supervision of occupational experience programs;

(D) history, principles, and foundations of vocational education in agriculture;

(E) advisory councils for vocational agriculture;

(F) special needs of students in vocational agriculture;

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

(H) curriculum organization, planning, and evaluation; and

(I) basic principles and procedures of classroom management with emphasis on classroom discipline, using group processes as well as different techniques and procedures adapted to the personality of the teacher.

(e) Additional requirements for assignment to specialized programs in vocational agriculture are described in this chapter.

(f) Students also planning to qualify for a secondary teaching certificate should complete a secondary, Option II, teaching field with the amount in each field to be determined by the preparation program.

(g) The provisions of this section expire on September 1, 2007.

§230.198.Vocational Marketing Education Certificates.

(a) The vocational marketing education certificate 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) Academic preparation and work experience required for the vocational marketing education certificate shall consist of:

(1) 48 semester hours (24 semester hours upper-division courses) that include the following:

(A) introduction to business;

(B) business communication;

(C) business law;

(D) elementary accounting;

(E) statistics;

(F) retailing;

(G) marketing;

(H) principles of management;

(I) principles of advertising; and

(J) salesmanship; and

(2) two years of wage-earning experience approved by the teacher education program in one or more of the marketing occupations or one year of wage-earning experience in addition to 1,000 clock hours of employment experience supervised by the approved teacher education program.

(c) The professional development sequence shall require 18 semester hours of upper-division courses. No more than nine semester hours of the professional development sequence may be completed in vocational marketing education courses. Reading, which may be offered beyond the 18 semester hours of professional development courses, must be included. Reading instruction will be developmental and corrective, and will incorporate identification, teaching strategies, and resources for dyslexia and other reading disorders.

(1) Core requirements specifically designed for secondary grade levels shall include §230.191 (d) [ (e) ] (1) of this title.

(2) Methodology requirements shall include §230.191 (d) [ (e) ] (2)(A)-(C) of this title.

(d) Additional requirements for assignment to specialized programs in vocational marketing education are described in this chapter.

(e) Students also planning to qualify for a secondary teaching certificate should complete a secondary, Option II, teaching field with the amount in each field to be determined by the preparation program [ institution ].

(f) The provisions of this section expire on September 1, 2007.

§230.199.Endorsements.

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

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

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

(4) 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 multihandicapped [ mulitihandicapped ]);

(vi) assessment and programming;

(vii) intervention and parent training; and

(viii) survey of exceptional children.

(C) ExCET requirement: Visually Handicapped.

(D) The provisions of this paragraph expire on September 1, 2007.

(5) (No change.)

(d) (No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on March 20, 2006.

TRD-200601693

Patricia Hayes

Associate Commissioner, Educator Quality and P-16 Initiatives

State Board for Educator Certification

Earliest possible date of adoption: April 30, 2006

For further information, please call: (512) 475-1497


Subchapter N. CERTIFICATE ISSUANCE PROCEDURES

19 TAC §230.436

The State Board for Educator Certification (SBEC) proposes an amendment to §230.436, relating to certification fees. The section establishes the schedule of fees for certification services. The proposed amendment would provide clarification regarding the fee for issuance of the Temporary Teacher certificate and establish a fee for the issuance of the Visiting International Teacher certificate.

The proposed amendment would remove language in paragraph (11) to clarify that the Temporary Teacher certificate may be issued only based on recommendation by an approved Texas public school district.

The proposed amendment would add new paragraph (21) to set a fee of $50 for issuance of the Visiting International Teacher certificate. The new Visiting International Teacher certificate was approved by the SBEC at its October 13, 2004 meeting. However, the rule creating the new certificate (19 TAC §232.6) did not set a fee for certificate issuance. The new Visiting International Teacher certificate ensures that participants in recognized exchange programs are highly qualified and meet the requirements of the No Child Left Behind Act. The new certificate replaces permits for Exchange Teachers (19 TAC §230.510) and permits for Teachers for Bilingual Education Programs (19 TAC §230.511) which do not comply with the requirements of the No Child Left Behind Act.

Additional non-substantive, technical edits would also be made to this section.

With the exception of the technical edits, the proposed amendment reflects action taken by the SBEC in 2005. The SBEC confirmed action on the proposed amendment at its January 2006 meeting.

Patricia Hayes, associate commissioner for educator quality and P-16 initiatives, has determined that for the first five-year period the amendment is in effect there will be fiscal implications for state government as a result of enforcing or administering the amendments. An estimated cost of $124,800 is anticipated for fiscal year 2006 for initial costs for programming. There may be other additional costs for fiscal year 2006 that are unknown at this time. On-going costs to maintain this component for the remaining fiscal years are unknown at this time. There will be no fiscal implications for local government.

Ms. Hayes has determined that for each year of the first five years the amendment is in effect the public benefit anticipated as a result of enforcing the amendment will be efficient and updated rules governing the fees charged for issuance of certificates to public school educators. There will be no effect on small businesses. There is anticipated economic cost to persons who are required to comply with the amendment. For each year of the first five years the amendment is in effect, an individual seeking certification as a visiting international teacher would pay a fee of $50. Individuals would also be required to pay an additional fee of $2.00 for the purpose of recovering the cost of the Texas Online Initiative as required by 19 TAC §230.438.

Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, (512) 475-1497. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 463-0028. All requests for a public hearing on the proposed amendment submitted under the Administrative Procedure Act must be received by the Department of Educator Quality and P-16 Initiatives, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, Attention: Patricia Hayes, not more than 15 calendar days after notice of the proposal has been published in the Texas Register .

The amendment is proposed under the following Texas Education Code sections: §21.031(a), which vests the 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), which requires the 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 the SBEC to specify the classes of certificates to be issued; §21.041(b)(4), which requires the SBEC to specify the requirements for the issuance and renewal of an educator certificate; §21.041(b)(5), which requires the SBEC to provide for the issuance of an educator certificate to a person who holds a similar certificate issued by another state or foreign country, subject to §21.052; and §21.041(c), which requires the SBEC to propose a rule adopting a fee for the issuance and maintenance of an educator certificate that is adequate to cover the cost of administration of this subchapter.

The proposed amendments implement Texas Education Code, §21.031(a); §21.041(b)(1), (2), (4) and (5); and §21.041(c).

§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 Teacher 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.

(13) On-time renewal of Standard Educational Aide certificate--$10 .

(14) Additional fee for late renewal of Standard Educational Aide certificate--$5 .

(15) Reactivation of an [ a ] inactive Standard Educational Aide certificate--$15 .

(16) Reinstatement following restitution of child support or student loan repayment for Standard Educational Aide certificate [ Education Aide Certificate ]--$20 .

(17) On-time [ One-time ] renewal of Standard certificate (to include any paraprofessional certificates if held)--$20 .

(18) Additional fee for late renewal of Standard certificate--$10 .

(19) Reactivation of an inactive Standard certificate--$40 .

(20) Reinstatement following restitution of child support or student loan repayment--$50 .

(21) Visiting International Teacher certificate--$50.

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 March 20, 2006.

TRD-200601694

Patricia Hayes

Associate Commissioner, Educator Quality and P-16 Initiatives

State Board for Educator Certification

Earliest possible date of adoption: April 30, 2006

For further information, please call: (512) 475-1497


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

19 TAC §§230.482 - 230.484

The State Board for Educator Certification (SBEC) proposes amendments to §§230.482 - 230.484, relating to requirements for standard certificates and specialized assignments or programs. The sections establish provisions relating to specific requirements for standard certificates and endorsements (§230.482); specific requirements for standard career and technology certificates based on experience and preparation (§230.483); and eligibility requirements for specialized assignments or programs (§230.484). The proposed amendments provide for the SBEC to cease issuing certain ExCET-based certificates on September 1, 2007. The superseded certificates will remain valid and SBEC will not require educators who hold one of these certificates to obtain the corresponding new certificate. The amendments will allow for an overlap of the superseded certificates and corresponding certification exams.

Pursuant to §2001.034 of the Government Code, which allows a state agency to adopt an emergency rule if the agency finds that a requirement of state or federal law requires adoption of a rule on fewer than 30 days notice, these proposed amendments were filed as emergency adoptions taking effect immediately on January 19, 2006. The emergency adopted amendments were published in the February 3, 2006, issue of the Texas Register (31 TexReg 622). The SBEC found that emergency amendments were necessary to comply with the requirements of state and federal law.

With the exception of technical edits, the proposed amendments reflect rule actions adopted by the SBEC in 2005. Specifically, the emergency amendments accomplish the following.

In §230.482, language is added in subsection (e) to establish that the provisions of subsection (a)(2), (3), and (4), and subsections (b) and (c) of this section, relating to standard classroom teacher certificate-all level; standard special education certificates; standard agricultural science and standard horticultural science certificates; standard marketing education certificates; and endorsements shall expire on September 1, 2007.

In §230.483, language is added in subsection (b)(4) to allow provisions relating to the standard marketing education certificate to expire on September 1, 2007. Additional non-substantive, technical edits are also made to this section.

In §230.484, language is added in subsection (d)(2)(F) to allow provisions relating to agricultural science and technology to expire on September 1, 2007. Additional non-substantive, technical edits are also made to this section.

These amendments are proposed in conjunction with proposed amendments to rules in Subchapter G, Certification Requirements for Classroom Teachers, of this chapter and proposed amendments in 19 TAC Chapter 233, Categories of Classroom Teaching Certificates.

Patricia Hayes, associate commissioner for educator quality and P-16 initiatives, has determined that for the first five-year period the amendments are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the amendments.

Ms. Hayes has determined that for each year of the first five years the amendments are in effect the public benefit anticipated as a result of enforcing the amendments will be that obsolete certificates will be replaced by new certificates based on the public school curriculum outlined in the Texas Essential Knowledge and Skills. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the amendments.

Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, (512) 475-1497. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 463-0028. All requests for a public hearing on the proposed amendments submitted under the Administrative Procedure Act must be received by the Department of Educator Quality and P-16 Initiatives, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, Attention: Patricia Hayes, not more than 15 calendar days after notice of the proposal has been published in the Texas Register .

The amendments are proposed under the following Texas Education Code sections: §21.031(a), which vests the 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), which requires the 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 the SBEC to specify the classes of certificates to be issued; and § 21.041(b)(3), which requires the SBEC to specify the period for which each class of educator certificate is valid.

The proposed amendments implement Texas Education Code, §21.031(a) and §21.041(b)(1), (2), and (3).

§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 Certification Requirement for Classroom Teachers [ Program Requirements for Preparation of School Personnel for Initial Certificates and Endorsements ]):

(1) standard classroom teacher certificate--secondary;

(2) standard classroom teacher certificate--all level;

(3) standard special education certificates;

(4) standard agricultural science and standard horticultural science certificates; and

(5) standard home economics certificate.

(b) The standard marketing education certificate requires one of the following:

(1) completion of an approved program offered under §230.198 of this title (relating to Vocational Marketing Education Certificates); or

(2) completion of requirements in §230.483(b) of this title (relating to Specific Requirements for Standard Career and Technology [ Vocational ] Certificates Based on Experience and Preparation [ in Skill Areas ]).

(c) All endorsements require completion of an approved program offered under §230.199 of this title (relating to Endorsements) or completion of requirements under provisions of §230.437 of this title (relating to Issuance of Certificates Based on Examination).

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

(e) The provisions of subsection (a)(2), (3), and (4), and subsections (b) and (c) of this section shall expire on September 1, 2007.

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

(a) (No change.)

(b) Standard marketing education certificate.

(1) The standard marketing education certificate may be based on the program requirements specified in Subchapter G of this chapter [ title ] (relating to Certification Requirement for Classroom Teachers [ Program Requirements for Preparation of School Personnel for Initial Certificates and Endorsements ]) or preparation and experience in the skill area.

(2) Certification based on preparation and experience in the skill area shall require:

(A) a bachelor's degree from an accredited institution with six semester hours of courses in retailing and marketing;

(B) completion of SBEC requirements in the United States and Texas Constitutions;

(C) two years of wage-earning experience approved by the employing superintendent or certification officer of a college or university approved to prepare teachers for the vocational certificate in one or more of the marketing occupations;

(D) 12 semester hours of professional development from an institution with an approved program in marketing education that includes the following:

(i) history and philosophy of vocational education;

(ii) methods of teaching marketing and distributive education;

(iii) organizing and managing marketing education programs; and

(iv) techniques for coordinating marketing education programs; and

(E) two creditable years, as defined in Subchapter Y of this chapter, of teaching experience on emergency permits in the area of marketing education.

(3) The standard marketing education certificate shall establish eligibility to teach cooperative training, coordinated vocational-academic education, pre-employment [ preemployment ] laboratory, and vocational education for the handicapped in marketing and distributive education.

(4) The provisions of this subsection expire on September 1, 2007.

(c) - (h) (No change.)

§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) (No change.)

(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 pre-employment [ 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) Pre-employment [ 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 pre-employment [ 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 TEA-approved [ 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 [ TEA sponsored ] CATE Professional Development Conference prior to assignment.

(F) The provisions of this paragraph expire on September 1, 2007.

(3) (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 March 20, 2006.

TRD-200601695

Patricia Hayes

Associate Commissioner, Educator Quality and P-16 Initiatives

State Board for Educator Certification

Earliest possible date of adoption: April 30, 2006

For further information, please call: (512) 475-1497


Chapter 232. GENERAL CERTIFICATION PROVISIONS

Subchapter B. CERTIFICATE RENEWAL AND CONTINUING PROFESSIONAL EDUCATION REQUIREMENTS

19 TAC §232.850, §232.851

The State Board for Educator Certification (SBEC) proposes amendments to §232.850 and §232.851, relating to certificate renewal and continuing professional education (CPE) requirements. The sections establish the number and content of required CPE hours (§232.850) and specify the CPE requirements by classes of certificates (§232.851). The proposed amendments establish a prorated schedule of CPE hours that may be used by educators seeking to renew multiple classes of standard certificates issued with different effective dates during the same five-year renewal cycle. The proposed amendments also add CPE requirements for holders of school librarian certificates and holders of standard certificates for supervisors, special education supervisors, vocational supervisors, visiting teachers, and special education visiting teachers. Holders of certain newly added certificates are exempt from the CPE hours during the first five-year renewal period. The purpose of the rule action is to clarify renewal requirements and provide relief to educators who will renew multiple classes of certificates issued during the same five-year renewal cycle.

Pursuant to §2001.034 of the Government Code, which allows a state agency to adopt an emergency rule if the agency finds that a requirement of state or federal law requires adoption of a rule on fewer than 30 days notice, these proposed amendments were filed as emergency adoptions taking effect immediately on January 19, 2006. The emergency adopted amendments were published in the February 3, 2006, issue of the Texas Register (31 TexReg 624). The SBEC found that emergency amendments were necessary to comply with the requirements of state and federal law.

With the exception of technical edits, the proposed amendments reflect the separate rule actions adopted by the SBEC in 2004 and 2005. Specifically, the proposed amendments accomplish the following:

(1) change language in §232.850(a) to indicate that the appropriate number of CPE hours must be completed during each five-year renewal period for each class of certification held;

(2) add language in §232.850(e) to allow an educator who is issued an additional class of certificate after the beginning of the five-year renewal cycle to satisfy the renewal requirement by completing a minimum of one-fifth of the required CPE hours for each full year that the additional class of certificate is valid;

(3) add language in §232.851(d) to require school librarians to complete the same 200 CPE hour requirement as learning resources specialists;

(4) add language to §232.851(l) to clarify that the holder of more than one class of standard certification would be required to complete no more than 200 CPE hours for renewal of all certificates held unless otherwise specified;

(5) add language to §232.851(m) to require 200 CPE hours every five years for renewal of standard certificates for supervisors, special education supervisors, vocational supervisors, visiting teachers, and special education visiting teachers; and

(6) add language to §232.851(n) to exempt supervisors, special education supervisors, vocational supervisors, visiting teachers, and special education visiting teachers from the CPE hours during the first five-year renewal period of the standard certificate.

The proposed amendments also re-title the chapter and subchapter, as follows. The title of 19 TAC Chapter 232 changes to "General Certification Provisions" from "General Requirements Applicable to All Certificates Issued." Subchapter "R" is changed to "B" to allow for greater use of this chapter.

Patricia Hayes, associate commissioner for educator quality and P-16 initiatives, has determined that for the first five-year period the amendments are in effect there will be fiscal implications for state government as a result of enforcing or administering the amendments. An estimated cost of $10,400 is anticipated for fiscal year 2006 to modify the existing certification information system to accommodate the proposed changes in certification. There may be other additional costs for fiscal year 2006 that are unknown at this time. Additional costs for the remaining fiscal years related to tracking the staggered continuing education requirements are unknown at this time. There will be no fiscal implications for local government.

Ms. Hayes has determined that for each year of the first five years the amendments are in effect the public benefit anticipated as a result of enforcing the amendments will be to clarify requirements for educators seeking renewal of a standard certificate. Also, relief will be provided to educators who will renew multiple classes of certificates issued during the same renewal cycle. These amendments would allow educators with multiple certificates to synchronize the expiration dates for their certifications. This may streamline and simplify the renewal process for the educator, making it more efficient. However, it is unclear whether these provisions would result in a cost savings to educators who must renew multiple certificates. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the amendments.

Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, (512) 475-1497. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 463-0028. All requests for a public hearing on the proposed amendments submitted under the Administrative Procedure Act must be received by the Department of Educator Quality and P-16 Initiatives, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, Attention: Patricia Hayes, not more than 15 calendar days after notice of the proposal has been published in the Texas Register .

The amendments are proposed under the following Texas Education Code sections: §21.031(a), which vests the 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), which requires the 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 the SBEC to specify the classes of certificates to be issued; and §21.041(b)(9), which requires the SBEC to provide for continuing education requirements.

The proposed amendments implement Texas Education Code, §21.031(a) and §21.041(b)(1), (2), and (9).

§232.850.Number and Content of Required Continuing Professional Education Hours.

(a) Standard certificate. The appropriate number of [ At least 150 ] clock hours of continuing professional education (CPE) , as specified in §232.851 of this title (relating to Number of Required Continuing Professional Education Hours by Classes of Certificates), must be completed during each five-year renewal period. Educators should complete a minimum of 20 clock hours of CPE each year of the renewal period. An educator renewing multiple certificates should complete a minimum of five CPE clock hours each year in the content area knowledge and skills for each certificate being renewed.

(b) - (d) (No change.)

(e) An educator eligible to renew multiple classes of certificates issued during the same renewal period may satisfy the requirements specified in §232.851 of this title for any class of certificate issued for less than the full five-year period by completing a prorated number of the required CPE hours. Educators must complete a minimum of one-fifth of the additional CPE hours for each full calendar year that the additional class of certificate is valid.

§232.851.Number of Required Continuing Professional Education Hours by Classes of Certificates.

(a) Holders of the Standard Superintendent Certificate must complete 200 clock hours of continuing professional education every five years. Specific requirements are contained in §242.30 of this title (relating to Requirements for Continuing Education and the Renewal of the Standard Superintendent Certificate).

(b) Holders of the Standard Principal Certificate must complete 200 clock hours of continuing professional education every five years. Specific requirements are contained in §241.30 of this title (relating to Requirements to Renew the Standard Principal Certificate).

(c) Holders of the Standard School Counselor Certificate must complete 200 clock hours of continuing professional education every five years.

(d) Holders of the Standard School Librarian Certificate and Learning Resources Specialist Certificate must complete 200 clock hours of continuing professional education every five years.

(e) Holders of the Standard Educational Diagnostician Certificate must complete 200 clock hours of continuing professional education every five years.

(f) Holders of the Standard Reading Specialist Certificate must complete 200 clock hours of continuing professional education every five years.

(g) Holders of the Standard Master Teacher Certificate must complete 200 clock hours of continuing professional education every five years.

(h) Holders of the Standard Classroom Teacher Certificate must complete 150 clock hours of continuing professional education every five years. Specific requirements are contained in §232.850 of this title (relating to Number and Content of Required Continuing Professional Education Hours).

(i) Holders of the Standard Educational Aide Certificate are exempt from the provisions of §232.850 of this title [ (relating to Number and Content of Required Continuing Professional Education Hours) ].

(j) Holders of Professional Certificates issued prior to September 1, 1999, who opt into the Standard Certificate pursuant to §232.810 of this title [ chapter ] (relating to Voluntary Renewal of Current Texas Educators) must complete 200 clock hours of continuing professional education every five years.

(k) Holders of Provisional Certificates issued prior to September 1, 1999, who opt into the Standard Certificate pursuant to §232.810 of this title [ chapter ] must complete 150 clock hours of continuing professional education every five years.

(l) An educator must complete a total of 150 or 200 clock hours of continuing professional education during each five-year renewal period unless otherwise specified in this title.

(m) Holders of a Standard Certificate in the following areas must complete 200 clock hours of continuing professional education every five years:

(1) Supervisor;

(2) Special Education Supervisor;

(3) Vocational Supervisor;

(4) Visiting Teacher; and

(5) Special Education Visiting Teacher.

(n) Holders of a standard certificate listed in subsection (m) of this section are exempt from the continuing professional education hours stipulated in subsection (m) during the first five-year renewal period of the standard certificate. During subsequent renewal periods, the holder of such standard certificates must satisfy the most current requirements for renewal.

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 March 20, 2006.

TRD-200601696

Patricia Hayes

Associate Commissioner, Educator Quality and P-16 Initiatives

State Board for Educator Certification

Earliest possible date of adoption: April 30, 2006

For further information, please call: (512) 475-1497


19 TAC §§232.860, 232.870 - 232.872

The State Board for Educator Certification (SBEC) proposes amendments to §232.860 and §232.870 and new §232.871 and §232.872, relating to certificate renewal and continuing professional education requirements. The existing sections establish provisions relating to types of acceptable continuing professional education (CPE) activities (§232.860) and approval of CPE providers or sponsors (§232.870). The proposed new sections would address approval of private companies, private entities, and individuals (§232.871) and provider registration requirements (§232.872). The proposed amendments would clarify the certificate renewal requirements, the registration process and the approval of potential CPE providers.

The proposed amendment to §232.860 would change language in subsection (a) to reference new §232.872 and remove reference to §232.870. Language would be added to subsection (b) to clarify where to find in rule the list of regional accrediting agencies.

The proposed amendment to §232.870 would change the title to "Pre-Approved Professional Education Provider or Sponsor." The proposed amendment would modify subsection (a) to add the reference for the new §232.872 and subsection (a)(3) to add the reference to the definition of accredited entities. The proposed amendment would also add a new subsection (b) that outlines that a pre-approved provider is responsible for ensuring the quality and documentation requirements of CPE activities conducted on their behalf by other entities or individuals. Existing subsection (b) would be deleted and the provisions relating to approval of providers or sponsors would be moved to new §232.871 to provide clarification between pre-approved providers and private companies, private entities, and individuals. Subsections (c) - (f) would be deleted for purposes of clarity and moved to new §232.872.

Proposed new §232.871 would be added to distinguish the approval process for private companies, private entities, and individuals. The new section would clarify that if CPE activities are provided by private companies, private entities, or individuals, it is the educator's responsibility to ensure that the provider is approved by SBEC.

Proposed new §232.872 would be added to specify provider registration requirements, including the minimum information that should be provided to educators as a record of CPE completion and documentation of all CPE activities offered, participants, dates and CPE credit hours.

The proposed amendments also re-title the chapter and subchapter, as follows. The title of 19 TAC Chapter 232 changes to "General Certification Provisions" from "General Requirements Applicable to All Certificates Issued." Subchapter "R" is changed to "B" to allow for greater use of this chapter.

Additional non-substantive, technical edits would also be made.

With the exception of technical edits, the proposed amendments and new sections reflect rule actions taken by the SBEC in 2005. The SBEC confirmed the proposed amendments and new sections at the January 2006 meeting.

Patricia Hayes, associate commissioner for educator quality and P-16 initiatives, has determined that for the first five-year period the amendments and new sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the amendments and new sections.

Ms. Hayes has determined that for each year of the first five years the amendments and new sections are in effect the public benefit anticipated as a result of enforcing the amendments and new sections will be efficient and updated rules governing the certification requirements for classroom teachers. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the amendments and new sections. The amendments and new sections restructure and clarify existing provisions and requirements.

Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, (512) 475-1497. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 463-0028. All requests for a public hearing on the proposed amendments and new sections submitted under the Administrative Procedure Act must be received by the Department of Educator Quality and P-16 Initiatives, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, Attention: Patricia Hayes, not more than 15 calendar days after notice of the proposal has been published in the Texas Register .

The amendments and new sections are proposed under the following Texas Education Code sections: §21.031(a), which vests the 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), which requires the 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 the SBEC to specify the classes of certificates to be issued; and § 21.041(b)(3), which requires the SBEC to specify the period for which each class of educator certificate is valid.

The proposed amendments and new sections implement Texas Education Code, §21.031(a) and §21.041(b)(1), (2), and (3).

§232.860.Types of Acceptable Continuing Professional Education (CPE) Activities.

(a) Participation in institutes, workshops, seminars, conferences, in-service or staff development activities given by an approved provider or sponsor, pursuant to §232.872 of this title (relating to Provider Registration Requirements) [ §232.870 of this title (relating to Approval of Continuing Professional Education Provider or Sponsor) ], which are related to or enhance the professional knowledge and skills of the educator.

(b) Completion of undergraduate courses in the content area knowledge and skills related to the certificate(s) being renewed, graduate courses, or training programs which are taken through an accredited institution of higher education as outlined in §230.801(8) of this title (relating to Definitions) .

(c) - (h) (No change.)

§232.870. Pre-Approved [ Approval of Continuing ] Professional Education Provider or Sponsor.

(a) The following may provide and/or sponsor continuing professional education (CPE) activities and must comply with the provisions of §232.872 of this title (relating to Provider Registration Requirements). Pre-approved providers include [ this section ]:

(1) State Board for Educator Certification;

(2) Texas Education Agency;

(3) accredited institutions of higher education as outlined in §230.801(8) of this title (relating to Definitions) ;

(4) regional education service centers;

(5) Texas public school districts - to be creditable toward CPE requirements, school district in-service and/or staff development activities must be developed, approved, and conducted in accordance with Texas Education Code, [ Chapter 21, ] §21.451;

(6) private schools, as defined by [ Chapter 230, Subchapter Y, ] §230.801 of this title [ (relating to Definitions) ];

(7) professional membership associations or non-profits that have offered professional development in Texas for at least five years and have tax-exempt status under 26 United States Code , §501(c)(3) - (6) [ §501(C)(3) - (C)(6) ], or a state association affiliated with a national association with tax-exempt status; and

(8) entities approved under §232.871 of this title (relating to Approval of Private Companies, Private Entities, and Individuals) [ subsection (b) of this section ].

(b) If private companies, entities, and individuals provide CPE activities on behalf of a pre-approved provider, the pre-approved provider is responsible for ensuring compliance with quality and documentation requirements of §232.872 of this title.

[ (b) The executive director shall develop procedures to approve as providers and/or sponsors any other person, agency, or entity seeking to offer continuing professional education activities pursuant to the requirements of this subchapter.]

[ (c) The procedures adopted by the executive director must require all providers or sponsors to:]

[ (1) notify the executive director of the intent to offer CPE activities;]

[ (2) affirm compliance with all applicable statutes and rules;]

[ (3) prohibit discrimination in the provision of CPE activities to any certified educator;]

[ (4) document that each CPE activity:]

[ (A) complies with applicable board rules;]

[ (B) contributes to the advancement of professional knowledge and skills identified by standards adopted by the board for each certificate;]

[ (C) is developed and presented by persons who are appropriately knowledgeable in the subject matter of the training being offered; and]

[ (D) specifies the content under §232.850(d) of this title (relating to Number and Content of Required Continuing Professional Education Hours) and number of creditable CPE clock hours]

[ (5) on a biennial or more frequent basis conduct a comprehensive, in-depth self-study to assess the CPE needs and priorities of educators served by the provider as well as the quality of the CPE activities offered.]

[ (d) At the conclusion of each activity offered for CPE credit, the provider or sponsor must provide to each educator in attendance written documentation listing the content of the activity and the number of clock hours creditable toward CPE requirements. The executive director shall establish the content for a record of completion that must be utilized by all providers and sponsors.]

[ (e) The executive director's failure to approve a provider or sponsor does not entitle that provider or sponsor to a contested-case hearing before the board or a person designated by the board to conduct contested-case hearings.]

[ (f) The executive director shall develop procedures to receive and investigate complaints against a provider or sponsor alleging noncompliance with this section. If the investigation determines that the provider or sponsor is operating in violation of any applicable provision of state law or rule, the executive director may withdraw the approval granted under this section to the provider or sponsor.]

§232.871.Approval of Private Companies, Private Entities, and Individuals.

Private companies, private entities, and individuals who wish to provide continuing professional education (CPE) for Texas educators and administrators must register with the State Board for Educator Certification and be approved under §232.872 of this title (relating to Provider Registration Requirements).

(1) The executive director shall develop procedures to approve as providers and/or sponsors any other person, agency, or entity seeking to offer CPE activities pursuant to the requirements of this subchapter.

(2) It is the responsibility of the educator to verify the approval status of any CPE provider prior to completion of the CPE activities.

§232.872.Provider Registration Requirements.

(a) Procedures adopted by the executive director require all pre-approved and all other continuing professional education (CPE) providers or sponsors to register with the State Board for Educator Certification (SBEC) by submitting the relevant sections of the provider registration form designated by the executive director in order to accomplish any or all of the following, as applicable:

(1) notify the executive director of the intent to offer CPE activities;

(2) affirm compliance with all applicable statutes and rules;

(3) prohibit discrimination in the provision of CPE activities to any certified educator;

(4) document that each CPE activity:

(A) complies with applicable SBEC rules;

(B) contributes to the advancement of professional knowledge and skills identified by standards adopted by the SBEC for each certificate;

(C) is developed and presented by persons who are appropriately knowledgeable in the subject matter of the training being offered; and

(D) specifies the content under §232.850(d) of this title (relating to Number and Content of Required Continuing Professional Education Hours) and number of creditable CPE clock hours; and

(5) on a biennial or more frequent basis, conduct a comprehensive, in-depth self-study to assess the CPE needs and priorities of educators served by the provider as well as the quality of the CPE activities offered.

(b) At the conclusion of each activity offered for CPE credit, the provider or sponsor must provide to each educator in attendance written documentation listing, at a minimum, the provider's name and provider number, the educator's name, the date and content of the activity, and the number of clock hours that count toward satisfying CPE requirements.

(c) All providers are required to maintain a list of CPE activities provided that includes a list of attendees, the date and content of the activity, and the number of clock hours that count toward satisfying CPE requirements.

(d) The executive director's failure to approve a provider or sponsor does not entitle that provider or sponsor to a contested-case hearing before the SBEC or a person designated by the SBEC to conduct contested-case hearings.

(e) The executive director shall develop procedures to receive and investigate complaints against a provider or sponsor alleging noncompliance with this section. If the investigation determines that the provider or sponsor is operating in violation of any applicable provision of state law or rule, the executive director may withdraw the approval granted under this section to the provider or sponsor.

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 March 20, 2006.

TRD-200601697

Patricia Hayes

Associate Commissioner, Educator Quality and P-16 Initiatives

State Board for Educator Certification

Earliest possible date of adoption: April 30, 2006

For further information, please call: (512) 475-1497


Chapter 233. CATEGORIES OF CLASSROOM TEACHING CERTIFICATES

19 TAC §233.2

The State Board for Educator Certification (SBEC) proposes an amendment to §233.2, relating to categories of classroom teaching certificates. The section addresses generalist certificates. The proposed amendment would extend the timeline of the rule to the 2006 - 2007 school year, including summer school 2007.

In January 2003, the SBEC approved an amendment to 19 TAC §233.2 that allowed the holder of the Generalist: Early Childhood-Grade 4, Bilingual Generalist: Early Childhood-Grade 4, or English as a Second Language Generalist: Early Childhood-Grade 4 certificate to be assigned to teach in a self-contained classroom for Grades 5 and 6 during the school years 2003 - 2004, 2004 - 2005, and 2005 - 2006. This provision was to expire June 30, 2006.

In consideration of the continued issues regarding the availability and assignment of certified educators to teach in the hard-to-fill vacancies in Grades 5 and 6, the proposed amendment would modify subsection (c) to extend to the 2006 - 2007 school year the provision allowing school districts the flexibility of hiring teachers who hold Generalist Early Childhood-Grade 4 certificates for self-contained classrooms for Grades 5 and 6. The expiration date of the provision reflected in subsection (c)(4) would also be extended in order to include summer school programs in 2007. Minor technical edits are also made throughout the section.

Patricia Hayes, associate commissioner for educator quality and P-16 initiatives, has determined that for the first five-year period the amendment is in effect there will be no fiscal implications for state government as a result of enforcing or administering the amendment. There will be fiscal implications for local government. School districts will be able to continue using teachers who are certified as Bilingual or English as a Second Language Early Childhood-Grade 4 Generalists to teach fifth and sixth graders in a self-contained classroom through 2006 - 2007. School districts may incur increased costs following the expiration of this provision if they need to hire or recertify Bilingual or ESL teachers that are not currently certified for these grade levels. It is not possible to provide a reliable estimate of these costs at this time.

Ms. Hayes has determined that for each year of the first five years the amendment is in effect the public benefit anticipated as a result of enforcing the amendment will be efficient and updated rules governing the assignment of public school educators. School districts would have the flexibility of hiring teachers who hold the Generalist Early Childhood-Grade 4 certificates to teach in the hard-to-fill vacancies in self-contained fifth and sixth grade classrooms during the 2006-2007 school year, including summer school 2007. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the amendment.

Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, (512) 475-1497. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 463-0028. All requests for a public hearing on the proposed amendments submitted under the Administrative Procedure Act must be received by the Department of Educator Quality and P-16 Initiatives, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, Attention: Patricia Hayes, not more than 15 calendar days after notice of the proposal has been published in the Texas Register .

The amendment is proposed under the following Texas Education Code sections: §21.031(a), which vests the 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), which requires the 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 §21.041(b)(2), which requires the SBEC to specify the classes of certificates to be issued.

The proposed amendment implements Texas Education Code, §21.031(a) and §21.041(b)(1) - (2).

§233.2.Generalist.

(a) Generalist: Early Childhood-Grade 4. The Generalist: Early Childhood-Grade 4 [ EC-4 ] certificate may be issued no earlier than September 1, 2002. The holder of the Generalist: Early Childhood-Grade 4 [ EC-4 ] certificate may teach the following content areas in a prekindergarten [ pre-kindergarten ] program, in kindergarten, and in Grades 1 - 4 [ 1 through 4 ] :

(1) Art;

(2) Health;

(3) Music;

(4) Physical Education;

(5) English Language Arts and Reading;

(6) Mathematics;

(7) Science; and

(8) Social Studies.

(b) Generalist: Grades 4-8. The Generalist: Grades 4-8 certificate may be issued no earlier than September 1, 2002. The holder of the Generalist: Grades 4-8 certificate may teach the following content areas in Grades 4-8 [ 4 through 8 ] :

(1) English Language Arts and Reading;

(2) Mathematics;

(3) Science; and

(4) Social Studies.

(c) The holder of the Generalist: Early Childhood-Grade 4, Bilingual Generalist: Early Childhood-Grade 4 [ EC-4 ], or [ and ] English as a Second Language Generalist: Early Childhood-Grade 4 [ EC-4 ] certificates may be assigned to teach the content areas specified in subsection (a) of this section [ §233.2(a) of this chapter ] in a self-contained classroom in Grades 5 and 6 [ grades five and six ] during the school years 2003-2004, 2004-2005, [ and ] 2005-2006 , and 2006-2007 .

(1) The superintendent of a school district or designee must report the assignment to the State Board for Educator Certification in a manner approved by the executive director.

(2) The superintendent or designee must affirm:

(A) the school district's efforts to recruit and employ a fully certified and qualified teacher for the assignment, including the reason for determining as unqualified each appropriately certified applicant. The district must maintain documentation of its recruiting efforts for a period of two years from the date of the making of the record ; [ : ]

(B) that the holder of one of the certificates specified in this subsection will be provided with a trained mentor for the entire period of the assignment to help the person perform effectively in the assignment; and

(C) that written consent has been obtained from the holder of one of the certificates specified in this subsection prior to assignment to self-contained classes in Grades 5 or 6 [ grades five or six ].

(i) A teacher who refuses to consent to assignment under the provisions of this subsection may not be terminated, nonrenewed, or otherwise retaliated against because of the teacher's refusal to consent to the assignment.

(ii) A teacher's refusal to consent to the assignment under the provisions of this subsection shall not impair a school district's right to implement a necessary reduction in force or other personnel action in accordance with school district policy.

(3) Individuals assigned to self-contained classrooms in Grades 5 and 6 [ grades five and six ] under the provisions of this subsection are subject to the provisions of Texas Education Code , [ (TEC) ] §21.057 [ , Parental Notification ].

(4) The provisions of this [ the ] subsection shall expire on August 1, 2007 [ June 30, 2006 ]. The provisions of this subsection include 2006-2007 summer school programs and exclude programs beginning in fall 2007.

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 March 20, 2006.

TRD-200601698

Patricia Hayes

Associate Commissioner, Educator Quality and P-16 Initiatives

State Board for Educator Certification

Earliest possible date of adoption: April 30, 2006

For further information, please call: (512) 475-1497


19 TAC §§233.3, 233.8, 233.10, 233.12, 233.14, 233.15

The State Board for Educator Certification (SBEC) proposes amendments to §§233.3, 233.8, 233.10, and 233.12 and new §233.14 and §233.15, relating to categories of classroom teaching certificates. The existing sections address certificates for English language arts and reading; social studies (§233.3); special education (§233.8); fine arts (§233.10); and career and technology education, not requiring experience and preparation in skills areas (§233.12). The new sections address certificates for career and technology education, requiring experience and preparation in a skill area (§233.14) and languages other than English (§233.15). The proposed amendments provide for the SBEC to issue new categories of classroom teaching certificates beginning on September 1, 2005. The superseded certificates will remain valid and the SBEC will not require educators who hold one of these certificates to obtain the corresponding new certificate. The amendments will allow for an overlap of the superseded certificates and corresponding certification exams.

Pursuant to §2001.034 of the Government Code, which allows a state agency to adopt an emergency rule if the agency finds that a requirement of state or federal law requires adoption of a rule on fewer than 30 days notice, the proposed amendments were filed as emergency adoptions taking effect immediately on January 19, 2006. The emergency adopted amendments were published in the February 3, 2006, issue of the Texas Register (31 TexReg 619). The SBEC found that emergency amendments were necessary to comply with the requirements of state and federal law.

With the exception of technical edits, the proposed amendments reflect rule actions adopted by the SBEC in 2005. Specifically, the proposed amendments add the following certificates beginning September 1, 2005.

In §233.3, language is added in subsection (g) to create a certificate for journalism which allows the holder to teach all journalism courses in Grades 8-12. Language is also added in subsection (h) to create a certificate for speech which allows the holder to teach all speech courses in Grades 8-12.

In §233.8, language is added in subsection (c) to create a certificate for a teacher of the deaf and hard of hearing which allows the holder to teach at any level in a special education instructional program serving eligible students, unless otherwise specified. Language is also added in subsection (d) to create a supplemental certificate for a teacher of students with visual impairments which allows the holder to teach at any level in a special education instructional program serving eligible students, unless otherwise specified.

In §233.10, the unnumbered paragraph is now identified as subsection (a) since new subsections are added to the section. Additional non-substantive, technical edits are made in new subsection (a). Language is added in subsection (b) to create a certificate for art which allows the holder to teach art in a prekindergarten program, in kindergarten, and in Grades 1-12. Language is added in subsection (c) to create a certificate for theatre which allows the holder to teach theatre in a prekindergarten program, in kindergarten, and in Grades 1-12. Language is added in subsection (d) to create a certificate for dance which allows the holder to teach all dance courses in Grades 8-12.

In §233.12, language is added in subsection (f) to create a certificate for agricultural science and technology that allows the holder to teach all agricultural science and technology courses in Grades 6-12, including Introductory Horticulture and Introductory Agricultural Mechanics.

New §233.14 establishes requirements for individuals seeking a TExES-based career and technology education certificate that requires experience and preparation in a skill area. The new section also creates a certificate for marketing education, requiring two years of specific wage-earning experience, which allows the holder to teach all marketing education courses in Grades 8-12.

New §233.15 creates a certificate for American Sign Language which allows the holder to teach American Sign Language in a prekindergarten program, in kindergarten, and in Grades 1-12.

These amendments are proposed in conjunction with proposed amendments to rules in 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter G, Certification Requirements for Classroom Teachers, and proposed amendments in Chapter 230, Subchapter P, Requirements for Standard Certificates and Specialized Assignments or Programs.

Patricia Hayes, associate commissioner for educator quality and P-16 initiatives, has determined that for the first five-year period the amendments and new sections are in effect there will be fiscal implications for state government as a result of enforcing or administering the amendments and new sections. An estimated cost of $10,400 is anticipated for fiscal year 2006 to enhance the current certification information system to accommodate the new certificates. There may be other additional costs for fiscal year 2006 that are unknown at this time. On-going costs to maintain these enhancements for the remaining fiscal years are unknown at this time. There will be no fiscal implications for local government.

Ms. Hayes has determined that for each year of the first five years the amendments and new sections are in effect the public benefit anticipated as a result of enforcing the amendments and new sections will be that the new certificates will provide greater assurance that educator preparation is focused on the expectations for student learning as outlined in the Texas Essential Knowledge and Skills. There will be no effect on small businesses. There is anticipated economic cost to persons who are required to comply with the amendments and new sections. For each year of the first five years the amendments and new sections are in effect, individuals seeking one of the new certificates will be required to pay a $75 fee for issuance of the standard certificate. Individuals would also be required to pay an additional fee of $2.00 for the purpose of recovering the cost of the Texas Online Initiative as required by 19 TAC §230.438.

Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, (512) 475-1497. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 463-0028. All requests for a public hearing on the proposed amendments submitted under the Administrative Procedure Act must be received by the Department of Educator Quality and P-16 Initiatives, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, Attention: Patricia Hayes, not more than 15 calendar days after notice of the proposal has been published in the Texas Register .

The amendments and new sections are proposed under the following Texas Education Code sections: §21.031(a), which vests the 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), which requires the 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 the SBEC to specify the classes of certificates to be issued; §21.041(b)(3), which requires the SBEC to specify the period for which each class of educator certificate is valid; and §21.041(b)(6), which requires the SBEC to provide for special or restricted certification of educators, including certification of instructors of American Sign Language.

The proposed amendments and new sections implement Texas Education Code, §21.031(a) and §21.041(b)(1), (2), (3), and (6).

§233.3.English Language Arts and Reading; Social Studies.

(a) - (f) (No change.)

(g) Journalism: Grades 8-12. The Journalism: 8-12 certificate may be issued no earlier than September 1, 2005. The holder of the Journalism: 8-12 certificate is eligible to teach all Journalism courses in Grades 8-12.

(h) Speech: Grades 8-12. The Speech: 8-12 certificate may be issued no earlier than September 1, 2005. The holder of the Speech: 8-12 certificate is eligible to teach all Speech courses in Grades 8-12.

§233.8.Special Education.

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

(c) Teacher of the Deaf and Hard of Hearing: Early Childhood-Grade 12. The Teacher of the Deaf and Hard of Hearing: Early Childhood-Grade 12 certificate may be issued no earlier than September 1, 2005. The holder of the Teacher of the Deaf and Hard of Hearing: Early Childhood-Grade 12 certificate is eligible to teach at any level in a special education instructional program serving eligible students, unless otherwise specified in §89.1131 of this title (relating to Qualifications of Special Education, Related Service, and Paraprofessional Personnel).

(d) Teacher of Students with Visual Impairments Supplemental: Early Childhood-Grade 12. The Teacher of Students with Visual Impairments Supplemental: Early Childhood-Grade 12 certificate may be issued no earlier than September 1, 2005. The holder of the Teacher of Students with Visual Impairments Supplemental: Early Childhood-Grade 12 certificate is eligible to teach at any level in a special education instructional program serving eligible students, unless otherwise specified in §89.1131 of this title (relating to Qualifications of Special Education, Related Service, and Paraprofessional Personnel).

§233.10.Fine Arts.

(a) Music: Early Childhood-Grade 12. The Music: Early Childhood [ EC ] -Grade 12 certificate may be issued no earlier than September 1, 2004. The holder of the Music: Early Childhood [ EC ] -Grade 12 certificate is eligible to [ may ] teach music in a prekindergarten [ pre-kindergarten ] program, in kindergarten, and in Grades [ grades ] 1- 12.

(b) Art: Early Childhood-Grade 12. The Art: Early Childhood-Grade 12 certificate may be issued no earlier than September 1, 2005. The holder of the Art: Early Childhood-Grade 12 certificate is eligible to teach art in a prekindergarten program, in kindergarten, and in Grades 1-12.

(c) Theatre: Early Childhood-Grade 12. The Theatre: Early Childhood-Grade 12 certificate may be issued no earlier than September 1, 2005. The holder of the Theatre: Early Childhood-Grade 12 certificate is eligible to teach theatre in a prekindergarten program, in kindergarten, and in Grades 1-12.

(d) Dance: Grades 8-12. The Dance: Grades 8-12 certificate may be issued no earlier than September 1, 2005. The holder of the Dance: Grades 8-12 certificate is eligible to teach all dance courses in Grades 8-12.

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

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

(f) Agricultural Science and Technology: Grades 6-12. The Agricultural Science and Technology: Grades 6-12 certificate may be issued no earlier than September 1, 2005. The holder of the Agricultural Science and Technology: Grades 6-12 certificate is eligible to teach all Agricultural Science and Technology courses in Grades 6-12, including Introductory Horticulture and Introductory Agricultural Mechanics.

§233.14.Career and Technology Education (Certificates requiring experience and preparation in a skill area).

(a) All individuals seeking a career and technology education certificate specified in this section must have prior work experience and preparation in a skill area approved by an educator preparation program approved to prepare teachers for the career and technology certificate sought in accordance with the provisions of §230.483(g) of this title (relating to Specific Requirements for Standard Career and Technology Certificates Based on Experience and Preparation).

(b) Marketing Education: Grades 8-12. The Marketing Education: Grades 8-12 certificate may be issued no earlier than September 1, 2005. The holder of the Marketing Education: Grades 8-12 certificate is eligible to teach all Marketing Education courses in Grades 8-12. The Marketing Education: Grades 8-12 certificate requires two years of wage-earning experience approved by the educator preparation program in one or more of the marketing occupations.

§233.15.Languages Other Than English.

American Sign Language (ASL): Early Childhood-Grade 12. The American Sign Language (ASL): Early Childhood-Grade 12 certificate may be issued no earlier than September 1, 2005. The holder of the American Sign Language (ASL): Early Childhood-Grade 12 certificate is eligible to teach American Sign Language in a prekindergarten program, in kindergarten, and in Grades 1-12.

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 March 20, 2006.

TRD-200601699

Patricia Hayes

Associate Commissioner, Educator Quality and P-16 Initiatives

State Board for Educator Certification

Earliest possible date of adoption: April 30, 2006

For further information, please call: (512) 475-1497


19 TAC §233.4

The State Board for Educator Certification (SBEC) proposes an amendment to §233.4, relating to categories of classroom teaching certificates. The section addresses certificates for mathematics and science. The proposed amendment provides for the SBEC to issue new categories of classroom teaching certificates beginning on September 1, 2005, for mathematics/physical science/engineering and chemistry.

Pursuant to §2001.034 of the Government Code, which allows a state agency to adopt an emergency rule if the agency finds that a requirement of state or federal law requires adoption of a rule on fewer than 30 days notice, the proposed amendment was filed as an emergency adoption taking effect immediately on January 19, 2006. The emergency adopted amendment was published in the February 3, 2006, issue of the Texas Register (31 TexReg 628). The SBEC found that emergency amendment was necessary to comply with the requirements of state and federal law.

With the exception of technical edits, the proposed amendment reflects rule action adopted by the SBEC in 2005. Specifically, the proposed amendment adds the following new certificates beginning September 1, 2005.

In subsection (i), language is added to create a certificate for mathematics/physical science/engineering which allows the holder to teach mathematics in Grade 8 and all mathematics courses in Grades 9-12. The holder is also eligible to teach science in Grade 8, Integrated Physics and Chemistry and all of the technology education courses in Grades 8-12, and Scientific Research and Design in Grades 9-12. The new subsection specifies required training for beginning principles of technology teachers.

In subsection (j), language is added to create a certificate for chemistry which allows the holder to teach science in Grade 8 and all chemistry courses in Grades 9-12.

Non-substantive, technical edits are made in subsections (g) and (h).

Patricia Hayes, associate commissioner for educator quality and P-16 initiatives, has determined that for the first five-year period the amendment is in effect there will be fiscal implications for state government as a result of enforcing or administering the amendment. An estimated cost of $10,400 is anticipated for fiscal year 2006 to enhance the current certification information system to accommodate the new certificates. There may be other additional costs for fiscal year 2006 that are unknown at this time. On-going costs to maintain these enhancements for the remaining fiscal years are unknown at this time. There will be no fiscal implications for local government.

Ms. Hayes has determined that for each year of the first five years the amendment is in effect the public benefit anticipated as a result of enforcing the amendment will be that the new certificates will provide greater assurance that educator preparation is focused on the expectations for student learning as outlined in the Texas Essential Knowledge and Skills. There will be no effect on small businesses. There is anticipated economic cost to persons who are required to comply with the amendment. For each year of the first five years the amendment is in effect, individuals seeking the new certificates will be required to pay a $75 fee for issuance of the standard certificate. Individuals would also be required to pay an additional fee of $2.00 for the purpose of recovering the cost of the Texas Online Initiative as required by 19 TAC §230.438.

Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, (512) 475-1497. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 463-0028. All requests for a public hearing on the proposed amendments submitted under the Administrative Procedure Act must be received by the Department of Educator Quality and P-16 Initiatives, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, Attention: Patricia Hayes, not more than 15 calendar days after notice of the proposal has been published in the Texas Register .

The amendment is proposed under the following Texas Education Code sections: §21.031(a), which vests the 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), which requires the 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 the SBEC to specify the classes of certificates to be issued; and §21.041(b)(3), which requires the SBEC to specify the period for which each class of educator certificate is valid.

The proposed amendment implements Texas Education Code, §21.031(a) and §21.041(b)(1), (2), and (3).

§233.4.Mathematics; Science.

(a) - (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 is eligible to [ 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 than [ that ] September 1, 2004. The holder of the Physics/Mathematics: 8-12 certificate is eligible to [ may ] teach mathematics in Grade [ grade ] 8 and all mathematics courses in Grades [ grades ] 9-12. The holder may also teach science in Grade [ grade ] 8, and all physics courses, Principles of Technology I and II, and Scientific Research and Design in Grades [ 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.

(i) Mathematics/Physical Science/Engineering: Grades 8-12. The Mathematics/Physical Science/Engineering: 8-12 certificate may be issued no earlier than September 1, 2005. The holder of the Mathematics/Physical Science/Engineering: 8-12 certificate is eligible to teach mathematics in Grade 8 and all mathematics courses in Grades 9-12. The holder is also eligible to teach science in Grade 8, Integrated Physics and Chemistry, and all of the Technology Education courses, including Principles of Technology I and II, in Grades 8-12, 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.

(j) Chemistry: Grades 8-12. The Chemistry: 8-12 certificate may be issued no earlier than September 1, 2005. The holder of the Chemistry: 8-12 certificate is eligible to teach science in Grade 8 and all chemistry courses in Grades 9-12.

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 March 20, 2006.

TRD-200601700

Patricia Hayes

Associate Commissioner, Educator Quality and P-16 Initiatives

State Board for Educator Certification

Earliest possible date of adoption: April 30, 2006

For further information, please call: (512) 475-1497


Chapter 239. STUDENT SERVICES CERTIFICATES

Subchapter E. MASTER TEACHER CERTIFICATES

19 TAC §239.104

The State Board for Educator Certification (SBEC) proposes new §239.104, concerning the master teacher certificates. The new section would establish certification requirements for master science teachers to ensure that there are teachers with special training to mentor other teachers and work with students in order to improve student science performance.

Proposed new §239.104 would create master science teacher certificates to teach science in early childhood programs through Grade 4, Grades 4-8, and Grades 8-12. The proposed new section includes eligibility criteria and addresses training requirements.

Additional non-substantive, technical edits would also be made to this section.

With the exception of the technical edits, the proposed new section reflects action taken by the SBEC in 2005. The SBEC confirmed action on the proposed new section at its January 2006 meeting.

Patricia Hayes, associate commissioner for educator quality and P-16 initiatives, has determined that for the first five-year period the new section is in effect there will be fiscal implications for state government as a result of enforcing or administering the new section. The primary technology costs for this program were incurred during fiscal year 2005. An estimated cost of $10,400 is anticipated for fiscal year 2006 to maintain this system enhancement. There may be other additional costs for fiscal year 2006 that are unknown at this time. On-going costs to maintain this system enhancement for the remaining fiscal years are unknown at this time. There will be no fiscal implications for local government.

Ms. Hayes has determined that for each year of the first five years the new section is in effect the public benefit anticipated as a result of enforcing the new section will be that students would benefit from public schools having certified master science teachers to enhance instruction in science. There will be no effect on small businesses. There is anticipated economic cost to persons who are required to comply with the new section. For each year of the first five years the new section is in effect, individuals seeking the new certificates will be required to pay a $75 fee for issuance of the certificate. Individuals would also be required to pay an additional fee of $2.00 for the purpose of recovering the cost of the Texas Online Initiative as required by 19 TAC §230.438.

Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, (512) 475-1497. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 463-0028. All requests for a public hearing on the proposed new section submitted under the Administrative Procedure Act must be received by the Department of Educator Quality and P-16 Initiatives, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, Attention: Patricia Hayes, not more than 15 calendar days after notice of the proposal has been published in the Texas Register .

The new section is proposed under the following Texas Education Code sections: §21.031(a), which vests the 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), which requires the 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 the SBEC to specify the classes of certificates to be issued; and §21.0484, which requires the SBEC to establish master science teacher certificates to teach at elementary school, middle school and high school grade levels.

The proposed new section implements Texas Education Code, §21.031(a), §21.041(b)(1) and (2), and §21.0484.

§239.104.Master Science Teacher Certification.

(a) To ensure that there are teachers with special training to work with other teachers and with students in order to improve student science performance, the State Board for Educator Certification (SBEC) shall establish:

(1) a master science teacher certificate to teach science in early childhood programs through Grade 4;

(2) a master science teacher certificate to teach science in Grades 4-8; and

(3) a master science teacher certificate to teach science in Grades 8-12.

(b) To be eligible for a master science teacher certificate, a person must:

(1) hold a teaching certificate issued under this title;

(2) have at least three years of teaching experience;

(3) satisfactorily complete a knowledge-based course of instruction through a preparation program approved by the SBEC on the science of teaching children science that includes training in science instruction and professional peer mentoring techniques that, through scientific testing, have been proven effective;

(4) satisfactorily complete a field-based practicum prescribed by a preparation program approved by the SBEC;

(5) perform satisfactorily on the appropriate master science teacher certification examination prescribed by the SBEC; and

(6) satisfy any other requirement generally applicable to certificates issued under this title.

(c) The course of instruction prescribed under subsection (b)(3) of this section shall be developed by the SBEC in consultation with science faculty members at institutions of higher education.

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 March 20, 2006.

TRD-200601701

Patricia Hayes

Associate Commissioner, Educator Quality and P-16 Initiatives

State Board for Educator Certification

Earliest possible date of adoption: April 30, 2006

For further information, please call: (512) 475-1497


Chapter 249. DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES INCLUDING ENFORCEMENT OF THE EDUCATOR'S CODE OF ETHICS

Subchapter A. GENERAL PROVISIONS

19 TAC §249.2

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the State Board for Educator Certification or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The State Board for Educator Certification (SBEC) proposes the repeal of §249.2, relating to the sunset provision for disciplinary proceedings, sanctions, and contested cases including enforcement of the educator's code of ethics. The section establishes a sunset provision for 19 TAC Chapter 249 four years from its initial effective date unless readopted or amended by the SBEC before then. The proposed repeal would remove this sunset provision from rule.

The rules in 19 TAC Chapter 249 were adopted with an effective date of March 31, 1999 (24 TexReg 2304). The review of 19 TAC Chapter 249, including §249.2, was completed in January 2001. 19 TAC § 249.2 was intended to fulfill the requirement in Government Code, §2001.039, that state agencies periodically review their rules. However, the Government Code provision requiring the periodic review of the agency rules did not mandate or authorize the automatic expiration of the rules.

The Government Code, §2001.039, does require state agencies to periodically review their rules, but the Government Code does not provide that agency rules that do not go through the review process will expire. In fact, Government Code, §2001.040, provides a procedure for addressing an agency's failure to follow certain procedural requirements, for a rule proposal and adoption, found in §2001.0225 through §2001.034.

Government Code, §2001.039, does not mandate or authorize the automatic expiration of agency rules in the event that the rules are not readopted within the four-year rule review cycle contemplated by §2001.039. Accordingly, the provision in 19 TAC §249.2 has no effect on the expiration of the rules in 19 TAC Chapter 249 because Government Code, §2001.039, does not provide sufficient authority to adopt this type of sunset provision into rule. Such a provision is unenforceable due to insufficient statutory basis to adopt. However, legal counsel has advised the SBEC to re-affirm all the decisions and orders issued pursuant to 19 TAC Chapter 249 in order to clarify the SBEC's intent that 19 TAC §249.2 operates only as a reference to the review of rules required under the Texas Government Code, §2001.039.

At its March 3, 2006, meeting, the SBEC took action to incorporate the rule review provisions from the Government Code, §2001.039, into the SBEC operating procedures. This implements the SBEC's intent to review all its rules to ensure that there is current statutory authority for each agency rule, in accordance with Government Code requirements. The SBEC also voted to reaffirm any actions taken under 19 TAC Chapter 249, including any actions taken until the effective date of the repeal of 19 TAC §249.2, in order to clarify the SBEC's intent that 19 TAC §249.2 operates only as a reference to the review of rules required under the Texas Government Code, §2001.039.

Patricia Hayes, associate commissioner for educator quality and P-16 initiatives, has determined that for the first five-year period the repeal is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal.

Ms. Hayes has determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of enforcing the repeal will be efficient and updated rules governing disciplinary proceedings, sanctions, and contested cases and enforcement of the educator's code of ethics. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the repeal.

Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, (512) 475-1497. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 463-0028. All requests for a public hearing on the proposed amendments submitted under the Administrative Procedure Act must be received by the Department of Educator Quality and P-16 Initiatives, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, Attention: Patricia Hayes, not more than 15 calendar days after notice of the proposal has been published in the Texas Register .

The repeal is proposed under the following Texas Education Code sections: §21.031(a), which vests the 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), which requires the 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)(7), which requires the SBEC to provide for disciplinary proceedings, including the suspension or revocation of an educator certificate, as provided by Chapter 2001, Government Code; and §21.041(b)(8), which requires the SBEC to provide for the adoption, amendment, and enforcement of an educator's code of ethics.

The proposed repeal implements Texas Education Code, §21.031(a) and §21.041(b)(1), (7), and (8).

§249.2.Sunset Provision.

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 March 20, 2006.

TRD-200601702

Patricia Hayes

Associate Commissioner, Educator Quality and P-16 Initiatives

State Board for Educator Certification

Earliest possible date of adoption: April 30, 2006

For further information, please call: (512) 475-1497