Part 7. STATE BOARD FOR EDUCATOR CERTIFICATION

Chapter 232. GENERAL CERTIFICATION PROVISIONS

The State Board for Educator Certification (SBEC) proposes amendments to §§232.1 - 232.6, 232.800, 232.810, 232.820, 232.830, 232.840, 232.850, 232.860, 232.870 - 232.872, 232.880, and 232.890 and the repeal of §232.900, concerning general certification provisions. The proposed amendments and repeal result from the SBEC's rule review conducted in accordance with Texas Government Code, §2001.039.

The Texas Education Code (TEC), §21.003(a), states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B. The TEC, §21.031, authorizes the SBEC to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators, and states that in proposing rules under the TEC, Chapter 21, Subchapter B, the SBEC shall ensure that all candidates for certification or renewal of certification demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of the state.

To implement statute, the SBEC rules in 19 TAC Chapter 232 are organized as follows: Subchapter A, Types and Classes of Certificates Issued, and Subchapter B, Certificate Renewal and Continuing Professional Education Requirements. These subchapters provide for rules that establish the types and classes of educator certificates issued and requirements for renewal of educator certificates and continuing professional education hours.

The Texas Education Agency (TEA) staff presented draft proposed changes to the SBEC at the July 2007 meeting and at the November 2007 meeting following a September 26, 2007, staff meeting with stakeholders. The SBEC proposes the following changes to 19 TAC Chapter 232 that would clarify the requirements for types and classes of educator certificates issued, including temporary teacher certificates. The following proposed changes would also clarify the requirements for the renewal of certificates and classroom assignments.

Language would be revised in §§232.1(b), 232.800(h), 232.830(b)(2), and 232.830(e) to add that voluntary surrender of a certificate would be in lieu of revocation.

Language would be revised in §232.2(b)(5) and §232.3(c)(2) to remove specification of the types of master teacher certificates in order to avoid additional amendments to the rules if new master teacher certificate areas would be added.

Language would be revised in §232.3(f) to provide that certification examinations can be recommended to the SBEC.

Proposed amendments to §232.3(h) and §232.4(f) would add a definition for TEA staff.

Language would be revised in §232.4(a)(4) and (5) to provide for incorporation of requirements imposed by subsequent amendments to the No Child Left Behind Act (NCLB) into the rule. Also, a definition for Early Childhood would be added to §232.4(a).

Language would be revised in §232.4(c)(1) to clarify that a recognized regional accrediting organization would be as specified in 19 TAC Chapter 230, Subchapter Y. Language would also be added to include an accrediting organization recognized by the Texas Higher Education Coordinating Board (THECB). Also, the phrase, "or otherwise approved by a state department of education," would be deleted to ensure educators meet rigorous standards outlined by the accrediting agencies recognized by the THECB.

Language would be revised in §232.4(c)(3) and (d)(1) to remove reference to an alternative certification program.

Language would be revised in §232.4(c)(7) to further define public elementary school level as Early Childhood-Grade 6 and public middle or high school level as Grades 7-12. Language would be added in subsection (c)(7)(B) specifying that an educator would need to pass the appropriate content area certification examination to teach in Grades 7-12. Language would also be revised to specify that the upper division coursework would need to be in the subject taught.

Section 232.4 would be changed by adding new subsection (c)(8) to clarify the requirements for a probationary certificate in a special education assignment.

Language would be revised in §232.4(d) to clarify that a probationary certificate would be for a 12-month period from the date of issuance. Language would also be amended in subsection (d)(2) to change from three school years to three 12-month periods the maximum term that an individual may be employed under a probationary certificate and to list the certificate(s) an individual would be required to hold during the time period.

Discussion at the September 26, 2007, stakeholder meeting, included debate on the need to continue to offer the temporary teacher certificate in §232.5 since school districts have been relying on educator preparation programs to provide educators who qualify for a probationary certificate. After further discussion, language would be amended in §232.5(j) that would clarify that the district has the option of recommending an individual for the standard certificate upon completion of all requirements.

Language would be amended in §232.810 to remove subsections (b) and (c) as they are no longer applicable.

Section 232.820 would be changed by adding new subsection (c) to specify that the expiration date for a certificate issued to the holder of an educational aide certificate who obtains a standard classroom teaching certificate would be based on the issuance date of the classroom teaching certificate.

Language would be revised in §232.830(a)(1) to add that the mailing address used to notify educators would be specified in rule.

Language would be revised in §232.860(2) to specify that an accredited institution of higher education must be recognized by the THECB.

Language would be revised in §232.860(7) that would clarify that the mentoring would be mentoring of another educator.

Language would be revised in §232.870 to remove subsection (a)(8) to clarify that pre-approved providers would not include private companies, private entities, and individuals.

In addition, §232.900 would be repealed since it is obsolete.

Changes to Comply with Senate Bill (SB) 9, 80th Texas Legislature, 2007

As a result of passage of SB 9, changes are recommended to §§232.4(c)(6), 232.5(a)(4), 232.6(b)(7), and 232.830(b)(8). Language would be added to require that an individual submit fingerprints in accordance with the TEC, §22.0831.

Technical Changes

Throughout Chapter 232, numerous grammatical and technical changes would be made, such as replacing the term "Executive Director" with the term "TEA staff" and replacing the term "Board" with the term "State Board for Educator Certification." Also, statutory citation references would be updated and standardized to reflect current law and Texas Register formatting requirements.

Dr. Raymond Glynn, acting deputy commissioner for school district leadership and educator quality, has determined that for each year of the first five years the proposed amendments and repeal are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed amendments and repeal.

Dr. Glynn has determined that for each year of the first five years the proposed amendments and repeal are in effect the public benefit anticipated as a result of the proposed revisions would be ensuring that certified educators have the appropriate training and certificate to address the educational needs of students. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed amendments and 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 sbecrules@tea.state.tx.us or faxed to (512) 463-0028. All requests for a public hearing on the proposed amendments and repeal submitted under the Administrative Procedure Act must be received by the Department of Educator Quality and Standards, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, Attention: Dr. Raymond Glynn, not more than 15 calendar days after notice of the proposal has been published in the Texas Register.

Subchapter A. TYPES AND CLASSES OF CERTIFICATES ISSUED

19 TAC §§232.1 - 232.6

The amendments are proposed under the TEC, §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; §21.031, which authorizes the SBEC to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators, and states that in proposing rules under the TEC, Chapter 21, Subchapter B, the SBEC shall ensure that all candidates for certification or renewal of certification demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of this state; §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; §21.041(b)(3), which requires the SBEC to propose rules that specify the period for which each class of educator certificate is valid; §21.041(b)(4), which requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate; §21.041(b)(5), which requires the SBEC to propose rules that 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 the TEC, §21.052; §21.041(b)(9), which requires the SBEC to propose rules that provide for continuing education requirements.

The proposed amendments implement the TEC, §§21.003(a); 21.031; and 21.041(b)(1)-(5) and (9).

§232.1.Types of Certificates.

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

(1) standard, as specified in subsection (c) of this section [ §232.1(c) ];

(2) provisional, as specified in subsection (b) of this section [ §232.1(b) ];

(3) professional, as specified in subsection (b) of this section [ §232.1(b) ];

(4) one year [ one-year ], as specified in Chapter 230, Subchapter O, of this title (relating to Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States) and Chapter 245 of this title (relating to Certification of Educators from Other Countries) [ §230 Subchapter O and §245 ];

(5) probationary, as specified in §232.4 of this title (relating to Probationary Certificates) [ §232 Subchapter A and §232.4 ];

(6) temporary, as specified in §232.5 of this title (relating to Temporary Teacher Certificates) and §230.305 of this title (relating to Temporary Certificate) ; and

(7) emergency, as specified in §230.512 of this title (relating to Emergency Certificates) [ §230 Subchapter Q ].

(b) All provisional and professional lifetime educator certificates issued prior to September 1, 1999 , shall be valid for the life of the individual unless suspended , surrendered in lieu of revocation, or revoked by lawful authority.

(c) Effective September 1, 1999 , the standard certificate shall be issued for all classes of certificates as specified in §232.2 of this title [ subchapter ] (relating to Classes of Certificates)[ , ] and shall be valid for no more than five years, subject to the requirements of Subchapter B [ R ] of this chapter [ title ] (relating to Certificate Renewal and Continuing Professional Education Requirements).

§232.2.Classes of Certificates.

(a) "Class of certificates" means a certificate with the following characteristics:

(1) specific job duties or functions are associated with the certificate;

(2) standards are established by the State Board for Educator Certification (SBEC) [ board ] for the issuance of the certificate; and

(3) [ a ] comprehensive examination(s) as [ examination is ] prescribed by the SBEC [ board ] for the certificate.

(b) Classes of certificates include the following:

(1) superintendent;

(2) principal;

(3) classroom teacher;

(4) instructional educator other than classroom teacher, including reading specialist;

(5) master teacher[ , including master reading teacher ];

(6) school librarian;

(7) school counselor;

(8) educational diagnostician; and

(9) educational aide.

§232.3.Development, Approval, Implementation, and Evaluation of Teacher Certification Standards.

(a) Purpose. The purpose of the certification standards shall be to ensure the highest level of teacher preparation and practice to achieve student excellence.

(b) Objectives. The objectives of the certification standards are:

(1) to establish the knowledge and skills required of a classroom teacher teaching in a certification field for the first time and of the master teacher;

(2) to guide the design and delivery of teacher preparation programs; and

(3) to direct the development of certification examinations and other requirements for certificate issuance.

(c) Application. This section shall apply to certificates issued within the following classes:

(1) classroom teacher; and

(2) master teacher[ , including master reading teacher ].

(d) Policy. The State Board for Educator Certification (SBEC) shall approve certification standards based on the applicable Texas Essential Knowledge and Skills (TEKS) adopted by the State Board of Education (SBOE).

(e) Development. The SBEC shall develop the certification standards based on information provided by Texas educators, educator preparation program representatives, parents, and lay citizens. Before approving standards for a certificate, the SBEC shall make the proposed standards available for comment from the public, the SBOE, and the commissioner of education.

(f) Implementation. The Texas Education Agency (TEA) staff [ SBEC's executive director and his or her designees ] shall be primarily responsible for implementing the certification standards approved by the SBEC by having certification examinations developed or recommended to the SBEC on the basis of such standards. [ The executive director shall provide the SBOE and commissioner of education with timely status reports regarding the implementation of approved certification standards. ]

(g) Evaluation. The TEA staff [ SBEC's executive director ] shall periodically evaluate approved certification standards based, at a minimum, on any changes to the TEKS or the job functions and duties of the related certificate.

(h) Definition. For purposes of this section, "TEA staff" means staff of the TEA assigned by the commissioner of education to perform the SBEC's administrative functions and services.

§232.4.Probationary Certificates.

(a) The following definitions apply, when used in this section [ chapter ], unless the rule or context in which the word or phrase is used requires a different definition . [ : ]

(1) [ " ]Alternative certification program --An [ " means an ] educator preparation program that offers an alternative route to certification as authorized under Chapter 228 of this title ( [ , ] relating to Requirements for Educator Preparation Programs ) .

(2) [ " ]Core academic subject -- [ " means ] English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, history, geography, or the arts.

(3) Early Childhood--Children ages 3-5.

(4) [ (3) ] High-quality professional development --As [ as ] defined by the No Child Left Behind Act of 2001, 20 United States Code (USC), §7801 (2001, as amended) and its subsequent amendments , which includes, but is not limited to, activities that are sustained, intensive, and classroom-focused in order to have a positive and lasting impact on classroom instruction; that advance the teacher's understanding of effective instructional strategies; that are developed with participation of teachers, principals, parents, and administrators; and that are regularly evaluated for their impact on increased teacher effectiveness and improved student academic achievement.

(5) [ (4) ] Mentoring --As [ as ] defined under the No Child Left Behind Act of 2001, 20 USC [ U. S. C. ], §7801 and its subsequent amendments, which includes, but is not limited to, activities that consist of structured guidance and regular ongoing support for beginning educators, especially beginning teachers, as part of a developmental induction process designed to assist educators [ the educator ] in their professional growth and development. Beginning educator support is to be provided by an experienced educator who has been trained in mentoring.

(b) A probationary certificate may be issued for any class of certificate except educational aide.

(c) A probationary certificate may be issued to an individual who meets the conditions and requirements prescribed in this subsection.

(1) The individual must hold, unless otherwise approved by the State Board for Educator Certification (SBEC) [ SBEC ], at least a bachelor's degree from an institution of higher education that, when the degree was conferred, was accredited by a [ or otherwise approved by a state department of education, ] recognized governmental organization ; [ , or ] a recognized regional accrediting organization as specified in Chapter 230, Subchapter Y, of this title (relating to Definitions); or an accrediting organization recognized by the Texas Higher Education Coordinating Board. [ ; ]

(2) The individual must meet appropriate requirements prescribed in §230.413 of this title ( [ , ] relating to General Requirements ). [ ; ]

(3) The individual must have been accepted to participate in an approved Texas educator preparation [ alternative certification ] program and has been assigned to serve in the subject area and at the grade level of certification sought . [ ; ]

(4) The individual must receive mentoring and high-quality professional development that is sustained, intensive, and classroom-focused prior to and throughout the assignment . [ ; ]

(5) The individual must pay the fee prescribed in [ by ] §230.436 of this title ( [ , ] relating to Schedule of Fees for Certification Services). [ Fees; ]

(6) The individual must submit fingerprints in accordance with §232.905(c) of this title (relating to Submission of Required Information) and the Texas Education Code (TEC), §22.0831.

[ (6) The teacher in a core academic subject in a program supported with funds under Title I, Part A, of the No Child Left Behind Act of 2001, 20 U. S. C., §§6311-6339 must demonstrate mastery of each subject to be taught-]

[ (A) at the public elementary school level, by passing the appropriate certification examination as prescribed in Chapter 230, Subchapter A, of this title, relating to Educator Assessment; or]

[ (B) at the public middle or high school level,]

[ (i) by passing the appropriate certification examination as prescribed in Chapter 230, Subchapter A, of this title, relating to Educator Assessment; or]

[ (ii) have an academic major, graduate degree, or coursework equivalent to an academic major that complies with Section 21.050, Education Code, and comprises not fewer than 24 semester hours; and]

(7) The teacher in a core academic subject must demonstrate mastery of each subject to be taught : [ - ]

(A) at the public elementary school level (Early Childhood-Grade 6) , by passing the appropriate certification examination as prescribed in Chapter 230, Subchapter A, of this title (relating to Assessment of Educators) [ , relating to Educator Assessment ]; or

(B) at the public middle or high school level (Grades 7-12): [ , ]

(i) by passing the appropriate content area certification examination as prescribed in Chapter 230, Subchapter A, of this title [ , relating to Educator Assessment ]; or

(ii) by completing [ have ] an academic major, graduate degree, or coursework equivalent to an academic major that complies with the TEC, §21.050 [ Section 21.050, Education Code ], and comprises not fewer than 24 semester hours , including 12 semester hours of upper division coursework in the subject taught .

(8) The teacher in a special education assignment must demonstrate mastery of each subject to be taught:

(A) at the public elementary school level (Early Childhood-Grade 6):

(i) by passing the appropriate certification examination as prescribed in Chapter 230, Subchapter A, of this title for the assignment; and

(ii) by passing a special education Early Childhood-Grade 12 examination; or

(B) at the public middle or high school level (Grades 7-12):

(i) by passing the appropriate content area certification examination as prescribed in Chapter 230, Subchapter A, of this title for the assignment; and

(ii) by passing a special education Early Childhood-Grade 12 examination; or

(iii) by completing an academic major, graduate degree, or coursework equivalent to an academic major comprised of not fewer than 24 semester hours, including 12 semester hours of upper division coursework in the subject taught.

(d) A probationary certificate shall be valid for a 12-month period [ one calendar year ] from the date of issuance, except as otherwise provided under this title.

(1) A certificate may be extended for no more than two annual terms following expiration of the initial term. A probationary certificate may be extended for an annual term only if the Texas educator preparation [ alternative certification ] program , recommends extension and certifies that the holder is making satisfactory progress toward standard certification.

(2) Without obtaining initial, standard certification, an individual may not serve for more than three 12-month periods while holding:

(A) probationary certificates as described in this subsection;

(B) emergency certificates as specified in §230.512 of this title (relating to Emergency Certificates); or

(C) one-year certificates as specified in Chapter 230, Subchapter O, of this title (relating to Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States) and Chapter 245 of this title (relating to Certification of Educators from Other Countries).

[ (2) An individual may not serve for more than three school years without obtaining initial, standard certification.]

(e) The Texas Education Agency (TEA) staff [ executive director of the State Board for Educator Certification or a designee ] shall establish reasonable procedures to implement this section.

[ (1) Subsection (c)(6) of this section shall be effective immediately.]

[ (2) Subsection (c)(7) of this section shall be effective and shall supersede subsection (c)(6) of this section on June 30, 2006.]

(f) For purposes of this section, "TEA staff" means staff of the TEA assigned by the commissioner of education to perform the SBEC's administrative functions and services.

§232.5.Temporary Teacher Certificates.

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

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

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

(3) passes a criminal history background check by submitted fingerprints for review ; and [ . ]

(4) submits fingerprints in accordance with §232.905(c) of this title (relating to Submission of Required Information) and the TEC, §22.0831.

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

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

(d) A person who applies for a temporary teaching certificate under this section shall pay a fee equal to that required of applicants for a probationary certificate under §230.436 of this title (relating to Schedule of Fees for Certification Services) .

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

§232.6.Visiting International Teacher Certificates [ Certificate ].

(a) A visiting international teacher may be issued a visiting international teacher certificate valid for no more than three school years upon recommendation by a public school district participating in an officially recognized foreign teacher exchange program. The program shall be based upon an agreement made between the State Board for Educator Certification and/or the Texas Education Agency (TEA) and a ministry of education in a foreign country, or as in the case of Mexico, with a secretary of education from one of its states. Exchange programs officially recognized by the United States Department of Education or the United States Department of State are also accepted.

(b) The visiting international teacher certificate will be issued to an individual who meets conditions and requirements presented in this subsection . [ : ] The individual must:

(1) [ The individual must ] meet appropriate requirements prescribed in §230.413 of this title ( [ , ] relating to General Requirements ) ;

(2) hold valid teaching credentials from country of origin based on the equivalent of at least a United States baccalaureate degree;

(3) demonstrate English language proficiency as described in §230.413 of this title;

(4) have criminal activity clearance from country of origin;

(5) demonstrate subject matter competence in subject(s) taught, as defined by the TEA [ Texas Education Agency ] in compliance with federal requirements; and

(6) pay appropriate fee prescribed by §230.436 of this title (relating to Schedule of Fees for Certification Services); and [ . ]

(7) submit fingerprints in accordance with §232.905(c) of this title (relating to Submission of Required Information) and the Texas Education Code, §22.0831.

(c) Participating school districts agree to provide the visiting international teachers with intensive supervision consisting of structured guidance and regular ongoing support through a mentoring program.

(d) The TEA staff [ executive director or designee ] shall establish reasonable procedures to implement this section.

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 January 18, 2008.

TRD-200800248

Raymond Glynn

Acting Deputy Commissioner, School District Leadership and Educator Quality, Texas Education Agency

State Board for Educator Certification

Earliest possible date of adoption: March 2, 2008

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

19 TAC §§232.800, 232.810, 232.820, 232.830, 232.840, 232.850, 232.860, 232.870 - 232.872, 232.880, 232.890

The amendments are proposed under the Texas Education Code (TEC), §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; §21.031(a), which states that the SBEC is established to recognize public school educators as professionals and to grant educators the authority to govern the standards of their profession, and that the SBEC shall 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 the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; §21.041(b)(3), which requires the SBEC to propose rules that specify the period for which each class of educator certificate is valid; and §21.041(b)(9), which requires the SBEC to propose rules that provide for continuing education requirements.

The proposed amendments implement the TEC, §§21.003(a); 21.031(a); and 21.041(b)(1)-(3) and (9).

§232.800.General Provisions.

(a) All educators should model the philosophy of life-long learning; therefore, participation in professional development activities is expected of all educators. Activities must focus on the need of each educator to continually update his or her knowledge of current content, best practices, research, and technology that is relevant to his or her individual role as an educator. The State Board for Educator Certification (SBEC) shall ensure that requirements for renewal and continuing professional education are flexible to allow each individual educator to identify the activities he or she [ he/she ] will complete to satisfy the SBEC's [ Board's ] requirements.

(b) This chapter provides the minimum requirements necessary to renew any class of certificate issued by the SBEC [ board ].

(c) Each individual who holds a standard certificate(s) is responsible for renewing the certificate(s) and paying a fee for late renewal. Failure to receive notice of the renewal requirement or deadline does not excuse the individual's obligation to renew or pay applicable fees.

(d) The SBEC [ board ] may deny renewal if the educator fails to comply with the requirements of this subchapter.

(e) The deadlines established for renewal, late renewals, and fees are established by procedures approved by the SBEC [ board ] and are subject to change.

(f) The SBEC [ board ] shall deny or cancel the renewal of an educator's certificate(s) if required by the Texas Education Code (TEC) , §57.491, regarding defaults on guaranteed student loans.

(g) The SBEC [ board ] shall deny or cancel the renewal of an educator's certificate(s) suspended in accordance with the Texas Family Code, Chapter 232, [ Family Code, ] regarding failure to pay child support.

(h) If reissued, [ Reinstatements of ] Texas lifetime certificates surrendered in lieu of revocation or revoked at any time shall be reissued as standard certificates and subject to the requirements of this subchapter.

(i) Pursuant to the TEC , §21.003(a), an educator employed by a Texas public school district who fails to satisfy each of the requirements to renew his or her standard certificate(s) by the renewal date moves to inactive status and is ineligible for employment in a Texas public school district in a position for which a certificate is required until all appropriate requirements are satisfied.

§232.810.Voluntary Renewal of Current Texas Educators.

[ (a) ] Educators holding a valid Texas lifetime certificate issued prior to September 1, 1999, may voluntarily comply with the requirements of this subchapter.

[ (b) The executive director shall adopt procedures to implement not later than September 1, 2999, voluntary renewal for current educators who hold a certificate(s) issued prior to September 1, 1999. Upon an individual's notification to the board of the intent to renew, the board shall issue the appropriate standard certificate(s). An educator eligible under subsection (a) for voluntary renewal may choose to renew his or her standard certificate(s) every five years or at any time may revert to the lifetime certificate.]

[ (c) Not later than November 1 of each year, the executive director shall make available the number of educators voluntarily renewing certificates under this section during the preceding fiscal year.]

§232.820.Renewal Date for Certificates.

(a) The renewal date of a standard certificate shall be five years after the last day of the certificate holder's next birth month.

(b) If an educator holds multiple certificates, all certificates will be renewed concurrently and are subject to renewal after the last day of the certificate holder's birth month in the year in which the earliest certificate was issued.

(c) If an educator holds an educational aide certificate and qualifies for a standard classroom teaching certificate, the expiration date of the new standard teaching certificate shall be five years after the last day of the certificate holder's next birth month.

§232.830.Requirements for Certificate Renewal.

(a) The Texas Education Agency (TEA) staff [ executive director ] shall develop procedures to:

(1) notify educators at least six months [ one year ] prior to the expiration of their renewal period to the mailing address as specified in §230.431 of this title (relating to Procedures in General) ;

(2) consider requests for hardship exemptions from continuing professional education requirements;

(3) confirm compliance with all renewal requirements pursuant to this subchapter;

(4) notify educators who are not renewed due to noncompliance with this section; and

(5) verify that educators applying for reactivation of certificate(s) under §232.840(a) of this title (relating to Inactive Status and Late Renewal) are in compliance with subsection (b)(2)-(6) of this section.

(b) To be eligible for renewal, an educator must:

(1) satisfy continuing professional education requirements, pursuant to §232.850 of this title (relating to Number and Content of Required Continuing Professional Education Hours);

(2) hold a valid standard certificate that has not been suspended , surrendered in lieu of revocation, or revoked by lawful authority;

(3) not be a respondent in a disciplinary proceeding under Chapter 249 of this title (relating to Disciplinary Proceedings, Sanctions, and Contested Cases[ , Including Enforcement of the Educator's Code of Ethics ] );

(4) successfully resolve any criminal history, as defined by §249.16 [ §230.414 ] of this title (relating to Eligibility of Persons with Criminal Convictions for a Certificate under Articles 6252-13c and 6252-13d, Revised Civil Statutes [ Criminal Background ] );

(5) not be in default on a guaranteed student loan, unless repayment arrangements have been made, pursuant to the Texas Education Code (TEC) , §57.491;

(6) not be in arrears of child support, pursuant to the Texas Family Code, Chapter 232; [ and ]

(7) pay the renewal fee, pursuant to §232.890 of this title (relating to Fees Payable Upon Certificate Renewal or Reactivation), which shall be a single fee regardless of the number of certificates being renewed ; and [ . ]

(8) submit fingerprints in accordance with §232.905(c) of this title (relating to Submission of Required Information) and the TEC, §22.0831.

(c) When renewing career and technical education [ Career and Technology Education ] certifications that require licensure, certification, or registration by a state or nationally recognized accrediting agency as a professional practitioner in one or more approved occupations for which instruction is offered, licensure, certification, or registration shall be current and in good standing.

(d) The TEA staff [ executive director ] shall renew the certificate(s) of an educator who meets all requirements of this subchapter.

(e) The State Board for Educator Certification [ board ] shall stay the renewal of an educator's certificate(s) who fails to comply with subsection (b)(3) of this section, pending resolution of the disciplinary action. A certificate that is not suspended , surrendered in lieu of revocation, or revoked as a result of disciplinary action shall be renewed provided that all other requirements have been satisfied. Payment of a late fee shall not be required if resolution of any disciplinary action caused the renewal to occur after the renewal period had expired, except in cases involving subsection (b)(5)-(6) of this section.

§232.840.Inactive Status and Late Renewal.

(a) The certificate(s) of an educator holding a valid standard certificate who does not satisfy the requirements of this subchapter shall be placed on inactive status. At any time, the educator may apply under procedures adopted by the Texas Education Agency (TEA) staff [ executive director ] to have his or her certificate(s) reactivated and submit the reactivation fee. Reactivation of the educator's certificate(s) is subject to verification by the State Board for Educator Certification (SBEC) [ board ] that the educator is in compliance with §232.830(b)(2)-(6) and (c) of this title (relating to Requirements for Certificate Renewal). The renewal date of a reactivated certificate(s) shall be five years after the last day of the certificate holder's next birth month.

(b) Under procedures approved by the SBEC [ board ], the TEA staff [ executive director ] shall notify a person in writing of the reason(s) for denying the renewal, and the actions or conditions required for removal from inactive status.

(c) A person who satisfies the requirements for renewal no more than six months after the expiration date shall pay the appropriate renewal and late fees, or the certificate(s) will be placed on inactive status.

(d) If a person does not satisfy the required continuing professional education at the expiration of the renewal period, the person may have the certificate(s) removed from inactive status and reactivated by filing with the SBEC [ board ] on a form developed by the TEA staff [ executive director ] evidence of completion of the required continuing professional education and paying any applicable fee(s).

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

(a) [ Standard certificate. ] The appropriate number of 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) One semester credit hour earned at an accredited institution of higher education is equivalent to 15 CPE clock hours.

(c) At least 80% of the CPE activities should be directly related to the certificate(s) being renewed and focus on the standards required for the initial issuance of the certificate(s), including:

(1) content area knowledge and skills;

(2) professional ethics and standards of conduct;

(3) professional development, which should encompass topics such as the following:

(A) district and campus priorities and objectives;

(B) child development, including research on how children learn;

(C) discipline management;

(D) applicable federal and state laws;

(E) diversity and special needs of student populations;

(F) increasing and maintaining parental involvement;

(G) integration of technology into educational practices;

(H) ensuring that students read on or above grade level;

(I) diagnosing and removing obstacles to student achievement; and

(J) instructional techniques.

(d) Educators are encouraged to identify CPE activities based on results of the annual appraisal required under the Texas Education Code [ TEC ], Chapter 21, Subchapter H.

(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.

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

The following are acceptable types of continuing professional education (CPE) activities:

(1) [ (a) ] participating [ 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), which are related to or enhance the professional knowledge and skills of the educator. Staff development activities completed through accredited public and private schools in other states, United States territories, and countries outside Texas may be accepted;

(2) [ (b) ] completing [ 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 recognized by the Texas Higher Education Coordinating Board or as outlined in §230.801[ (8) ] of this title (relating to Definitions) ; [ . ]

(3) [ (c) ] participating [ Participation ] in interactive distance learning, video conferencing, or on-line activities or conferences ; [ . ]

(4) [ (d) ] participating in an independent [ Independent ] study, not to exceed 20% of the required clock hours, which may include self-study of relevant professional materials (books, journals, periodicals, video and audio tapes, computer software, and on-line information) or authoring a published work ; [ . ]

(5) [ (e) ] developing [ Development of ] curriculum or CPE training materials ; [ . ]

(6) [ (f) ] teaching [ Teaching ] or presenting a CPE activity described in subsection (a) or (b) of this section, not to exceed 10% of the required clock hours ; [ . ]

(7) [ (g) ] providing [ Providing ] professional guidance as a mentor to another educator, not to exceed 30% of the required clock hours ; and [ . ]

(8) [ (h) ] serving [ Serving ] as an assessor under §241.35 [ Chapter 241, §241.35 ] of this title (relating to Assessment Process Definition and Approval of Individual Assessments [ the Principal Certificate ] ), not to exceed 10% of the required clock hours.

§232.870.Pre-Approved 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:

(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 the Texas Education Code, §21.451;

(6) private schools, as defined in [ by ] §230.801 of this title; and

(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), 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).]

(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.

§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 Texas Education Agency staff [ 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 Texas Education Agency (TEA) staff [ 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 TEA staff [ executive director ] in order to accomplish any or all of the following, as applicable:

(1) notify the TEA staff [ 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 codified in the Texas Administrative Code, Title 19, Part 7 ;

(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 failure of the TEA staff [ 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 TEA staff [ 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 TEA staff [ executive director ] may withdraw the approval granted under this section to the provider or sponsor.

§232.880.Verification of Renewal Requirements.

(a) Written documentation of completion of all activities applied toward continuing professional education (CPE) requirements shall be maintained by each educator.

(b) By the date renewal is required, the educator shall verify through an affidavit in a manner determined by the Texas Education Agency (TEA) staff [ executive director ] whether he or she is in compliance with renewal requirements, including CPE. If it is determined that an educator falsified any information submitted on the affidavit, the educator could be subject to criminal liability and educator certification sanction [ under §230.414 of this title (relating to Certificates for Persons with Criminal Background) ].

(c) The TEA staff [ executive director ] at any time may review the documentation required for renewal under this subchapter.

§232.890.Fees Payable Upon Certificate Renewal or Reactivation.

The Texas Education Agency staff [ executive director ] shall submit to the State Board for Educator Certification (SBEC) [ board ] the recommended amount of each fee listed in paragraphs (1)- (5) [ (4) ] of this section:

(1) renewal fee--payable at the time of renewal to support the functions of the SBEC [ Board ], including renewal, investigations, and enforcement ; [ . ]

(2) reactivation of inactive certificate--payable upon application to reactivate ; [ . ]

(3) late renewal fee ; [ . ]

(4) reinstatement following restitution for default on student loan or nonpayment of child support ; and [ . ]

(5) national criminal history review.

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 January 18, 2008.

TRD-200800249

Raymond Glynn

Acting Deputy Commissioner, School District Leadership and Educator Quality, Texas Education Agency

State Board for Educator Certification

Earliest possible date of adoption: March 2, 2008

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

19 TAC §232.900

(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 repeal is proposed under the Texas Education Code (TEC), §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; §21.031(a), which states that the SBEC is established to recognize public school educators as professionals and to grant educators the authority to govern the standards of their profession, and that the SBEC shall 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 the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; §21.041(b)(3), which requires the SBEC to propose rules that specify the period for which each class of educator certificate is valid; and §21.041(b)(9), which requires the SBEC to propose rules that provide for continuing education requirements.

The proposed repeal implements the TEC, §§21.003(a); 21.031(a); and 21.041(b)(1)-(3) and (9).

§232.900.Pilot Program.

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 January 18, 2008.

TRD-200800250

Raymond Glynn

Acting Deputy Commissioner, School District Leadership and Educator Quality, Texas Education Agency

State Board for Educator Certification

Earliest possible date of adoption: March 2, 2008

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

19 TAC §§233.1 - 233.9, 233.11 - 233.14

The State Board for Educator Certification (SBEC) proposes amendments to §§233.1 - 233.9 and 233.11 - 233.14, concerning categories of classroom teaching certificates. The proposed amendments result from the SBEC's rule review conducted in accordance with Texas Government Code, §2001.039.

The Texas Education Code (TEC), §21.003(a), states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B. The TEC, §21.031(b), states that in proposing rules under the TEC, Chapter 21, Subchapter B, the SBEC shall ensure that all candidates for certification or renewal of certification demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of the state.

To implement statute, the SBEC rules in 19 TAC Chapter 233 establish the general categories of classroom teaching certificates, specific grade levels and subject areas of classroom certificates, and assignments that may be taught by the holder of each certificate.

The Texas Education Agency (TEA) staff presented draft proposed amendments to the SBEC at the July 2007 meeting and at the November 2007 SBEC meeting following a September 27, 2007, stakeholder meeting. The SBEC proposes the following amendments to 19 TAC Chapter 233 that would clarify the categories and requirements for classroom teaching certificates, including changes to 19 TAC §233.1, General Authority, that would specify the applicable requirements to be issued a certificate, such as the passing of an examination. The following proposed changes would also establish certificates for Bilingual Generalist: Early Childhood-Grade 6 in 19 TAC §233.6 and English as a Second Language Generalist: Early Childhood-Grade 6 in 19 TAC §233.7.

Language would be revised in §233.1(e) to clarify that a person seeking an initial certificate must pass the appropriate grade level of pedagogy and professional responsibility certification examination in addition to passing the appropriate content subject examination(s) for the certification sought. Language would also be added in subsection (e) that would authorize an educator to use a passing score on an examination to obtain a certificate within two years (rather than one year) after the elimination of the examination in the case of catastrophic illness of the educator or an immediate family member or due to an educator's military service.

Language would be revised in §233.1 to add subsection (f) to address technology applications. The proposed amendment would allow the holder of a certificate valid for Grades 4-8 to teach technology applications in those grade levels.

Language would be added in §233.2 to add technology applications to the list of subjects the holder of a Generalist: Early Childhood-Grade 4 or Generalist: Early Childhood-Grade 6 certificate can teach. The TEA staff have verified that the technology application standards are included in the Pedagogy and Professional Responsibilities Generalist: Early Childhood-Grade 4 certification examination.

As a result of issues raised regarding teaching assignments at the September 27, 2007, stakeholder meeting, the following changes are also proposed.

Language would be added to §233.3(d) to clarify that the English Language Arts and Reading: Grades 8-12 certificate holder may not teach Journalism and Speech courses. Following the stakeholder meeting, the TEA staff reviewed the English Language Arts and Reading: Grades 8-12 certification test standards and determined that none of the Journalism content knowledge and standards were addressed in the certification examination and only 10 percent of the examination addressed the Speech content knowledge and standards.

Language would be revised in §233.4(a) to include Algebra I for high school credit. Following the stakeholder meeting, the TEA staff reviewed the Mathematics: Grades 4-8 certification test standards and determined that 21 percent of the Algebra content knowledge and standards were addressed in the certification examination.

Language would be added to §233.12(g) to clarify that the Business Education: Grades 6-12 certificate holder may not teach Economics courses. Following the stakeholder meeting, the TEA staff reviewed the Business Education: Grades 6-12 certification test standards and determined that only four to seven percent of the Economics content knowledge and standards were addressed in the certification examination.

In addition, the section title for §233.5 would be revised to include computer science.

Technical Changes

Throughout Chapter 233, numerous grammatical and technical changes would be made. Also, statutory citation references would be updated and standardized to reflect current law and Texas Register formatting requirements.

Dr. Raymond Glynn, acting deputy commissioner for school district leadership and educator quality, has determined that for each year of the first five years the proposed amendments are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed amendments.

Dr. Glynn has determined that for each year of the first five years the proposed amendments are in effect the public benefit anticipated as a result of the proposed amendments would be the continuation of the provision of categories of classroom teaching certificates and clarification of the courses that can be taught by the holders of these certificates. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed 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 sbecrules@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 Standards, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, Attention: Dr. Raymond Glynn, not more than 15 calendar days after notice of the proposal has been published in the Texas Register.

The amendments are proposed under the TEC, §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; §21.031, which authorizes the SBEC to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators, and states that in proposing rules under the TEC, Chapter 21, Subchapter B, the SBEC shall ensure that all candidates for certification or renewal of certification demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of this state; §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; §21.041(b)(4), which requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate; §21.041(b)(6), which requires the SBEC to propose rules that provide for special or restricted certification of educators, including certification of instructors of American Sign Language.

The proposed amendments implement the TEC, §§21.003(a); 21.031; and 21.041(b)(1), (2), (4), and (6).

§233.1.General Authority.

(a) In this chapter, the State Board for Educator Certification (SBEC) [ (Board or SBEC) ] establishes separate certificate categories within the certificate class for the classroom teacher established under §232.2(b)(3) [ §232.510(b)(3) ] of this title (relating to Classes of Certificates). [ This chapter is adopted under Education Code, Sections 21.039(3) (relating to authority of Board's executive director to issue educator certificates), 21.041(b)(1) (relating to the Board's rulemaking authority for the regulation of educators and general administration of SBEC statutes), and 21.041(b)(2) (relating to the Board's rulemaking authority to specify classes of educator certificates). ]

(b) For purposes of authorizing a person to be employed by a school district under the Texas Education Code, § [ Section ] 21.003(a), [ Education Code, ] a certificate category identifies:

(1) the content area or the special student population the holder may teach;

(2) the grade levels the holder may teach; and

(3) the earliest date the certificate may be issued.

(c) Unless provided otherwise in [ by ] this title, the content area and grade level of a certificate category as well as the standards underlying the certification examination for each category are aligned with the Texas Essential Knowledge and Skills [ (TEKS) ] curriculum adopted by the State Board of Education [ under this title ].

(d) A category includes both a standard certificate and the related emergency or temporary credential. A category may comprise a standard base certificate or a supplemental certificate. A supplemental certificate may be issued only to a person who already holds the appropriate standard base certificate.

(e) A person must satisfy all applicable requirements and conditions under this title and other law to be issued a certificate in a category[ , including passing the appropriate examination prescribed by SBEC ]. A person seeking an initial certification must pass the appropriate grade level of pedagogy and professional responsibility certification examination and the appropriate content subject examination(s) for the certification sought as established by the SBEC. A person completing requirements for a standard certificate using a score on an examination that has been eliminated must apply for certification not later than one year following the examination date upon which the person passed the examination. Exceptions may be granted for a period of two years after the elimination of the examination for catastrophic illness of the educator or an immediate family member or military service of the applicant.

(f) A holder of a certificate valid for Grades 4-8 may teach technology applications in Grades 4-8 if integrated within an academic course or through interdisciplinary methodology in those subjects that the individual is certified to teach. The school district is responsible for ensuring that the educator has the appropriate technology applications knowledge and skills to teach the course(s) to which he or she is assigned. If Technology Applications is taught as a separate course, the educator shall be required to hold an appropriate technology applications certificate as specified in §233.5 of this title (relating to Technology Applications and Computer Science).

§233.2.Generalist.

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

(1) Art;

(2) Health;

(3) Music;

(4) Physical Education;

(5) English Language Arts and Reading;

(6) Mathematics;

(7) Science; [ and ]

(8) Social Studies ; and [ . ]

(9) Technology Applications.

(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:

(1) English Language Arts and Reading;

(2) Mathematics;

(3) Science; and

(4) Social Studies.

(c) Generalist: Early Childhood-Grade 6. The Generalist: Early Childhood-Grade 6 certificate may be issued no earlier than September 1, 2008. The holder of the Generalist: Early Childhood-Grade 6 certificate may teach the following content areas in a prekindergarten program, in kindergarten, and in Grades 1-6:

(1) Art;

(2) Health;

(3) Music;

(4) Physical Education;

(5) English Language Arts and Reading;

(6) Mathematics;

(7) Science; [ and ]

(8) Social Studies ; and [ . ]

(9) Technology Applications.

(d) 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 certificates may be assigned to teach the content areas specified in subsection (a) of this section in a self-contained classroom in Grades 5 and 6 during the school years 2003-2004, 2004-2005, 2005-2006, and 2006-2007. Standard certificate holders assigned prior to the 2007-2008 school year, in accordance with this subsection, may remain in these assignments, at the discretion of the employing school districts, through the 2009-2010 school year.

(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 Texas Education Agency staff.

(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.

(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 under the provisions of this subsection are subject to the provisions of the Texas Education Code, §21.057.

(4) The provisions of this subsection shall expire on August 1, 2010. The provisions of this subsection include 2009-2010 summer school programs and exclude programs beginning in fall 2010.

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

(a) English Language Arts and Reading: Grades 4-8. The English Language Arts and Reading: Grades 4-8 certificate may be issued no earlier than September 1, 2002. The holder of the English Language Arts and Reading: Grades 4-8 certificate may teach English language arts and reading in Grades 4 - [ through ] 8.

(b) Social Studies: Grades 4-8. The Social Studies: Grades 4-8 certificate may be issued no earlier than September 1, 2002. The holder of the Social Studies: Grades 4-8 certificate may teach social studies in Grades 4 - [ through ] 8.

(c) English Language Arts and Reading/Social Studies: Grades 4-8. The English Language Arts and Reading/Social Studies: Grades 4-8 certificate may be issued no earlier than September 1, 2002. The holder of the English Language Arts and Reading/Social Studies: Grades 4-8 certificate may teach English language arts and reading, and social studies in Grades 4 - [ through ] 8.

(d) English Language Arts and Reading: Grades 8-12. The English Language Arts and Reading: Grades 8-12 certificate may be issued no earlier than September 1, 2002. The holder of the English Language Arts and Reading: Grades 8-12 certificate may teach English language arts and reading in Grade 8 and all English language arts and reading courses in Grades 9 - [ through ] 12 , excluding journalism and speech courses .

(e) Social Studies: Grades 8-12. The Social Studies: Grades 8-12 certificate may be issued no earlier than September 1, 2002. The holder of the Social Studies: Grades 8-12 certificate may teach social studies in Grade 8 and all social studies and economics courses in Grades 9 - [ through ] 12.

(f) History: Grades 8-12. The History: Grades 8-12 certificate may be issued no earlier than September 1, 2002. The holder of the History: Grades 8-12 certificate may teach social studies in Grade 8 and all history courses in Grades 9 - [ through ] 12.

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

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

§233.4.Mathematics; Science.

(a) Mathematics: Grades 4-8. The Mathematics: Grades 4-8 certificate may be issued no earlier than September 1, 2002. The holder of the Mathematics: Grades 4-8 certificate may teach mathematics in Grades 4 - [ through ] 8 , including Algebra I for high school credit .

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

(c) Mathematics/Science: Grades 4-8. The Mathematics/Science: Grades 4-8 certificate may be issued no earlier than September 1, 2002. The holder of the Mathematics/Science: Grades 4-8 certificate may teach mathematics and science in Grades 4 - [ through ] 8.

(d) Mathematics: Grades 8-12. The Mathematics: Grades 8-12 certificate may be issued no earlier than September 1, 2002. The holder of the Mathematics: Grades 8-12 certificate may teach mathematics in Grade 8 and all mathematics courses in Grades 9 - [ through ] 12.

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

(f) Life Science: Grades 8-12. The Life Science: Grades 8-12 certificate may be issued no earlier than September 1, 2002. The holder of the Life Science: Grades 8-12 certificate may teach science in Grade 8 and all biology courses, environmental and aquatic sciences, and all health science technology [ Health Science Technology ] courses for which science credit is given in Grades 9 - [ through ] 12.

(g) Physical Science: Grades 8-12. The Physical Science: Grades 8-12 certificate may be issued no earlier than September 1, 2002. The holder of the Physical Science: Grades 8-12 certificate is eligible to 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 TEA- [ 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: Grades 8-12 certificate may be issued no earlier than September 1, 2004. The holder of the Physics/Mathematics: Grades 8-12 certificate is eligible to teach mathematics in Grade 8 and all mathematics courses in Grades 9-12. The holder may also teach science in Grade 8, and all physics courses, Principles of Technology I and II, and Scientific Research and Design in Grades 9-12. All teachers assigned to teach Principles of Technology I and II shall participate in a TEA- [ 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: Grades 8-12 certificate may be issued no earlier than September 1, 2005. The holder of the Mathematics/Physical Science/Engineering: Grades 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 [ 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 TEA [ Texas Education Agency ] -approved workshop for beginning principles of technology teachers prior to teaching the course.

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

§233.5.Technology Applications and Computer Science .

(a) Technology Applications: Grades 8-12. The Technology Applications: Grades 8-12 certificate may be issued no earlier than June 1, 2001. The holder of the Technology Applications: Grades 8-12 certificate may teach Technology Applications in Grade 8 and the following technology applications courses in Grades 9 - [ through ] 12: desktop publishing, digital graphics/animation, multimedia, video technology, web mastering, and independent study in technology applications.

(b) Technology Applications: Early Childhood-Grade 12. The Technology Applications: Early Childhood [ EC ] - Grade 12 certificate may be issued no earlier than September 1, 2002. The holder of the Technology Applications: Early Childhood-Grade 12 certificate may teach the technology applications curriculum in prekindergarten [ pre-kindergarten ] , kindergarten, and Grades [ grades ] 1-12, with the exception of Computer Science [ computer science ] I and II.

(c) Computer Science: Grades 8-12. The Computer Science: Grades 8-12 certificate may be issued no earlier than June 1, 2001. The holder of the Computer Science: Grades 8-12 certificate may teach Computer Science [ computer science ] I and II in Grades 8 - [ through ] 12.

§233.6.Bilingual Education.

(a) Bilingual Generalist: Early Childhood-Grade 4. The Bilingual Generalist: Early Childhood [ EC ] - Grade 4 certificate may be issued no earlier than September 1, 2002. The holder of the Bilingual Generalist: Early Childhood [ EC ] - Grade 4 certificate may teach in a bilingual prekindergarten [ pre-kindergarten ] program, a bilingual kindergarten program, and a bilingual program in Grades 1 - [ through ] 4. The holder of the Bilingual Generalist: Early Childhood [ EC ] - Grade 4 certificate may teach the same content areas, in either a bilingual or general education program, as the holder of the Generalist: Early Childhood [ EC ] - Grade 4 certificate may teach under §233.2(a) of this title (relating to Generalist). The holder of the Bilingual Generalist: Early Childhood [ EC ] - Grade 4 certificate may also teach in an English as a second language program in Early Childhood [ EC ] -Grade 4.

(b) Bilingual Generalist: Grades 4-8. The Bilingual Generalist: Grades 4-8 certificate may be issued no earlier than September 1, 2002. The holder of the Bilingual Generalist: Grades 4-8 certificate may teach in a bilingual program in Grades 4 - [ through ] 8. The holder of the Bilingual Generalist: Grades 4-8 certificate may teach the same content areas, in either a bilingual or a general education program, as the holder of the Generalist: Grades 4-8 certificate may teach under §233.2(b) of this title. The holder of the Bilingual Generalist: Grades 4-8 certificate may also teach in an English as a second language program in Grades 4-8.

(c) Bilingual Generalist: Early Childhood-Grade 6. The Bilingual Generalist: Early Childhood-Grade 6 certificate may be issued no earlier than September 1, 2008. The holder of the Bilingual Generalist: Early Childhood-Grade 6 certificate may teach in a bilingual prekindergarten program, a bilingual kindergarten program, and a bilingual program in Grades 1-6. The holder of the Bilingual Generalist: Early Childhood-Grade 6 certificate may teach the same content areas, in either a bilingual or general education program, as the holder of the Generalist: Early Childhood-Grade 6 certificate may teach under §233.2(c) of this title. The holder of the Bilingual Generalist: Early Childhood-Grade 6 certificate may also teach in an English as a second language program in Early Childhood-Grade 6.

(d) [ (c) ] Bilingual Education Supplemental: Early Childhood-Grade 4. The Bilingual Education Supplemental: Early Childhood [ EC ] - Grade 4 certificate may be issued no earlier than September 1, 2002. The holder of the Bilingual Education Supplemental: Early Childhood [ EC ] - Grade 4 certificate may teach in a bilingual program at the same grade levels and in the content area(s) of the holder's base certificate. The holder of the Bilingual Education Supplemental: Early Childhood [ Grades EC ] - Grade 4 certificate may also teach in an English as a second language program at the same grade levels and in the content area(s) of the holder's base certificate.

(e) [ (d) ] Bilingual Education Supplemental: Grades 4-8. The Bilingual Education Supplemental: Grades 4-8 certificate may be issued no earlier than September 1, 2002. The holder of the Bilingual Education Supplemental: Grades 4-8 certificate may teach in a bilingual program at the same grade levels and in the content area(s) of the holder's base certificate. The holder of the Bilingual Education Supplemental: Grades 4-8 certificate may also teach in an English as a second language program at the same grade levels and in the content area(s) of the holder's base certificate.

§233.7.English as a Second Language.

(a) English as a Second Language Generalist: Early Childhood-Grade 4. The English as a Second Language Generalist: Early Childhood [ EC ] - Grade 4 certificate may be issued no earlier than September 1, 2003. The holder of the English as a Second Language Generalist: Early Childhood [ EC ] - Grade 4 certificate may teach in an English as a second language program in prekindergarten- [ pre-kindergarten through ] Grade 4. The holder of the English as a Second Language Generalist: Early Childhood [ EC ] - Grade 4 certificate may teach the same content areas, in either an English as a second language or a general education program, as the holder of the Generalist: Early Childhood [ EC ] - Grade 4 certificate may teach under §233.2(a) of this title (relating to Generalist) .

(b) English as a Second Language Generalist: Grades [ Grade ] 4-8. The English as a Second Language Generalist: Grades 4-8 certificate may be issued no earlier than September 1, 2003. The holder of the English as a Second Language Generalist: Grades 4-8 certificate may teach in an English as a second language program in Grades 4-8. The holder of the English as a Second Language Generalist: Grades 4-8 certificate may teach the same content areas, in either an English as a second language or a general education program, as the holder of the Generalist: Grades 4-8 certificate may teach under §233.2(b) of this title.

(c) English as a Second Language Generalist: Early Childhood-Grade 6. The English as a Second Language Generalist: Early Childhood-Grade 6 certificate may be issued no earlier than September 1, 2008. The holder of the English as a Second Language Generalist: Early Childhood-Grade 6 certificate may teach in an English as a second language program in prekindergarten-Grade 6. The holder of the English as a Second Language Generalist: Early Childhood-Grade 6 certificate may teach the same content areas, in either an English as a second language or a general education program, as the holder of the Generalist: Early Childhood-Grade 6 certificate may teach under §233.2(c) of this title.

(d) [ (c) ] English as a Second Language Supplemental. The English as a Second Language Supplemental certificate may be issued no earlier than September 1, 2003. The holder of the English as a Second Language Supplemental certificate may teach in an English as a second language [ Second Language ] program at the same grade levels and in the same content area(s) of the holder's base certificate.

§233.8.Special Education.

(a) Special Education: Early Childhood-Grade 12. The Special Education: Early Childhood-Grade 12 certificate may be issued no earlier than September 1 , [ . ] 2003. The holder of the Special Education: Early Childhood-Grade 12 certificate may teach at any level of a basic special education instructional program serving eligible students 3-21 years of age, unless otherwise specified in [ Chapter 89, Subchapter AA, ] §89.1131 of this title [ , ] (relating to Qualifications of Special Education, Related Service, and Paraprofessional Personnel).

(b) Special Education Supplemental. The Special Education Supplemental certificate may be issued no earlier than September 1, 2003. The holder of the Special Education Supplemental certificate may teach in a special education instructional program serving eligible students at the same grade levels and in the content area(s) of the holder's base certificate, unless otherwise specified in [ Chapter 89, Subchapter AA, ] §89.1131 of this title [ , relating to Qualifications of Special Education, Related Service, and Paraprofessional Personnel ].

(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) ].

§233.9.Gifted and Talented.

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

§233.11.Health.

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

§233.12.Career and Technical [ Technology ] Education (Certificates not requiring experience and preparation in a skill area).

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

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

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

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

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

(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 [ Agricultural Science and Technology ] courses in Grades 6-12, including Introductory Horticulture and Introductory Agricultural Mechanics.

(g) Business Education: Grades 6-12. The Business Education: Grades 6-12 certificate may be issued no earlier than November 8, 2006. The holder of the Business Education: Grades 6-12 certificate may teach all business education [ Business Education ] courses in Grades 6-12 , excluding economics courses . Teachers are encouraged to attend and participate in a TEA- [ Texas Education Agency ] sponsored Career and Technology Education Professional Development Conference during the first year of assignment.

§233.13.Physical Education.

Physical Education: Early Childhood-Grade 12. The Physical Education: Early Childhood [ EC ] -Grade 12 certificate may be issued no earlier than September 1, 2004. The holder of the Physical Education: Early Childhood [ EC ] -Grade 12 certificate may teach physical education in a prekindergarten [ pre-kindergarten ] program, in kindergarten, and in Grades [ grades ] 1-12.

§233.14.Career and Technical [ 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 education 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 [ 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.

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 January 18, 2008.

TRD-200800251

Raymond Glynn

Acting Deputy Commissioner, School District Leadership and Educator Quality, Texas Education Agency

State Board for Educator Certification

Earliest possible date of adoption: March 2, 2008

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