PARt 7. STATE BOARD FOR EDUCATOR CERTIFICATION
CHAPTER 230. PROFESSIONAL EDUCATOR PREPARATION AND CERTIFICATION
The State Board for Educator Certification (SBEC) adopts new §§230.1, 230.412, and 230.481, amendments to §§230.5, 230.411, 230.413, 230.431 - 230.438, 230.461 - 230.464, 230.482, 230.483, 230.501 - 230.507, 230.512, 230.551 - 230.555, 230.559, 230.560, and 230.610, and the repeal of §§230.121, 230.192 - 230.199, 230.301, 230.305, 230.310, 230.316, 230.481, 230.484, 230.509 - 230.511, 230.601, and 230.801, concerning provisions for professional educator preparation and certification. New §§230.1, 230.412, and 230.481, amendments to §§230.5, 230.411, 230.413, 230.431, 230.433 - 230.438, 230.461 - 230.464, 230.482, 230.483, 230.501 - 230.503, 230.505 - 230.507, 230.512, 230.551 - 230.555, 230.559, 230.560, and 230.610, and the repeal of §§230.121, 230.192 - 230.199, 230.301, 230.305, 230.310, 230.316, 230.481, 230.484, 230.509 - 230.511, 230.601, and 230.801 are adopted without changes to the proposed text as published in the February 27, 2009, issue of the Texas Register (34 TexReg 1336) and will not be republished. The amendments to §230.432 and §230.504 are adopted with changes to the proposed text published in the February 27, 2009, issue. The sections provide for rules that establish guidelines and procedures for certification requirements, fees, permits, educational aides, and assignment criteria relating to professional educator preparation and certification.
The adopted revisions to 19 TAC Chapter 230 update the rules to reflect current law and add specificity to the requirements for professional educator preparation and certification. The adopted new sections, amendments, and repeals result from the SBEC's rule review conducted in accordance with Texas Government Code, §2001.039.
The adopted revisions reflect discussions held during the June 5 and 6, 2008, and November 5, 2008, stakeholder meetings. Following is a description of the adopted changes.
Subchapter A. Assessment of Educators
This subchapter was reorganized as new Subchapter B. Language in §230.5(f) was updated since examination scores are no longer mailed to the examinee. As a result of input from stakeholders, §230.5(i) was deleted because a general reference can be found in 19 TAC Chapter 233, Categories of Classroom Teaching Certificates.
Subchapter E. Centers for Professional Development of Teachers
This subchapter was repealed due to the fact that the Centers for Professional Development of Teachers no longer exist.
Subchapter G. Certification Requirement for Classroom Teachers
This subchapter was repealed since most of the rules are now obsolete. Sections 230.193, 230.194, and 230.199(d)(2), relating to teacher certificates and endorsements, were moved to new §230.481 and §230.482 in Subchapter P.
Subchapter J. Certification Requirements for Educators Other than Classroom Teachers and Educational Aides
This subchapter was repealed since the certificates included in this subchapter were replaced with new certificates. Certification information related to the reading specialist, temporary certificate, and educational diagnostician can be found in other rules of the SBEC.
Subchapter M. Certification of Educators in General
Language in §230.413(a) was revised to align with recently approved language regarding degrees in Chapter 232, General Certification Provisions. Language in §230.413(c) and (d), relating to elementary and secondary certificate options, was deleted since these rules are now obsolete. Language in §230.413(e) was deleted since provisions for a nonrenewable permit are described in Subchapter Q.
Subchapter N. Certificate Issuance Procedures
Language in §230.431(d) was added to emphasize that the virtual certificate is the official record of educator certification. Language in §230.432 was revised to reflect the current application and recommendation process. Language in §230.433 was added to clarify that a certificate must be active and valid in order to issue a duplicate. Language in §230.434(a)(1), relating to certificate issuance dates, was modified to update the rule. Language in §230.434(b)(1) was updated since education service centers are no longer required to process permits. The title of §230.437 was revised to emphasize that certification by examination is for additional certificates and not initial certificates.
Since published as proposed, language in §230.432 was modified further to specify the requirement for SBEC approval of educator preparation programs.
Subchapter O. Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States
Language in §230.462(b)(1), relating to special subject certificates, was deleted since the rule was obsolete. Language in §230.462(b)(2) was revised to align with standard certification requirements and moved as part of subsection (b). Language in §230.462(d) was added regarding the validity of a one-year certificate to provide some flexibility to employing school districts when circumstances beyond the educator's control arise. Section 230.462(h) and (i), relating to transition language, was deleted since the rules no longer apply.
Subchapter P. Requirements for Standard Certificates and Specialized Assignments or Programs
Section 230.481 was repealed since the provision was moved to new §230.412. As a result of stakeholder input, language in §230.483(a)(4) was added to allow educator preparation programs to prepare teachers for health science technology education certification and trade and industrial education certification in one year. Language in §230.483(c) was added to clarify teaching experience may be used in lieu of on-the-job experience under the career and technical education certificate. Language in §§230.482(a)(4) and (5), 230.482(b) and (d), 230.483(a) - (e), and 230.484 was deleted since the rules are obsolete or can be found in 19 TAC Chapter 233, Categories of Classroom Teaching Certificates.
Subchapter Q. Permits
Language in §230.501(c) was added to emphasize that consent is required when a certified teacher is to be placed on an emergency permit. Language in §230.504(b)(1) was added to clarify the subjects directly related to the elementary curriculum. As a result of stakeholder input, language in §230.504(b)(2) was added to clarify permit requirements for the elementary foreign language assignment. In response to input from the Texas Education Agency (TEA) curriculum staff, language in §230.504(f)(1) was revised to update the permit requirements for instructing English language learners. Language in §230.504(e)(2) was revised since an associate degree is no longer an option for health science technology education certification. New requirements were added to §230.504(e)(3) - (6) to align with new career and technical education certificate requirements. Language in §230.504(f)(2)(A) and (B) was revised to incorporate current terminology, resulting from stakeholder input. Sections 230.509, 230.510, and 230.511 were repealed since the Visiting International Teacher (VIT) certificate is now available for exchange teachers. Language was also deleted throughout this subchapter to remove obsolete provisions.
Since published as proposed, language in §230.504(d)(1) was modified further to specify that the 24 semester credit hours must be in the subject to be taught.
Subchapter S. Educational Aide Certificate
This subchapter contains no substantive content changes.
Subchapter U. Assignment of Public School Personnel
This subchapter was repealed since the contents were reorganized as new 19 TAC §231.1, Criteria for Assignment of Public School Personnel, to provide clarity and improved accessibility to the requirements relating to the assignment of educators.
Subchapter V. Continuing Education
The title was revised to clarify the information contained in this subchapter related to teacher induction and mentoring.
Subchapter Y. Definitions
This subchapter was repealed since definitions relating to professional educator preparation and certification were revised and reorganized under new Subchapter A to align with definitions found in SBEC rules.
Technical Changes
Throughout Chapter 230, numerous grammatical and technical changes were made such as replacing the term "executive director" with the term "TEA staff" or "State Board for Educator Certification" where appropriate. Also, statutory citation references were updated and standardized to reflect current law and Texas Register formatting requirements. Sections were also restructured for consistency and readability.
Regarding procedural and reporting implications for the adopted rule actions, the TEA staff have determined that there are no new procedural and reporting implications to school districts and educators. The adopted rule actions do not include any additional locally maintained paperwork requirements.
There is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
Following the February 2009 SBEC meeting, the proposed revisions to 19 TAC Chapter 230 were filed with the Texas Register initiating the official public comment period. The following comments were received regarding the proposed revisions.
Comment: The president of the Texas Educational Diagnosticians' Association (TEDA) and a past officer of the TEDA commented that proposed subsection (g)(2) in §230.504, Specific Requirements for Initial Emergency Permits, should be amended to continue to require an educational diagnostician to be a certified teacher, with a minimum of two years of classroom teaching experience. The president of the TEDA further commented that it is imperative for an educational diagnostician to be a certified teacher since an educational diagnostician is responsible for a variety of duties such as individual student evaluations and advising and collaborating with parents, teachers, and other educational professionals regarding appropriate educational programming for each student. The president of the TEDA also commented that the TEDA would recommend to the SBEC during the rule review of 19 TAC Chapter 239, Student Services Certificates, this summer that language be reinstated to require a valid provisional or standard teaching certificate for an educational diagnostician. The past officer of the TEDA further commented that educational diagnosticians consult with and work with teachers to provide students with special needs a public education that meets their individual needs as required by federal and state law. The past officer further commented that both certification and experience provide the knowledge needed to serve as an educational diagnostician. Additionally, one educational diagnostician from Burleson-Milam Special Services, one educational diagnostician from Amarillo Independent School District (ISD), one educational diagnostician from Frisco ISD, and the chair of the Texas Professional Educational Diagnosticians Board of Registry, Inc., submitted comments in support of the TEDA's position on the matter.
Board Response: The SBEC disagreed and took action to adopt, subject to State Board of Education (SBOE) review, maintaining the language as published as proposed. Currently, §230.504, related to emergency permits, requires that an individual be certified based on a bachelor's degree. However, the amendment aligns §230.504 with 19 TAC §239.84, Requirements for the Issuance of the Standard Educational Diagnostician Certificate, which does not require a teaching certificate. The language in §230.504(g)(2)(D) does require two creditable years of classroom teaching experience. It is not the intent of the SBEC to discontinue the teaching experience requirement.
Chapter 239 is scheduled for review in summer 2009 under Texas Government Code, §2001.039. When the rule review of Chapter 239 is completed, if it is determined that a revision to §230.504 is needed, TEA staff would present revisions for SBEC consideration to ensure alignment of the requirements for an educational diagnostician in both chapters.
Comment: Three educational diagnosticians from Frisco ISD and one from Van Zandt Shared Services commented that the requirements for the position of educational diagnostician in the public school setting should retain the master's degree requirement and two to three years of teaching experience.
Board Response: The comment addresses issues outside the scope of the current rule proposal. The language in §230.504(g)(2) relates to emergency permits and not to the issuance of a standard educational diagnostician certificate. The requirements for the issuance of a standard educational diagnostician certificate are codified in 19 TAC §239.84, which requires a master's degree and two school years of classroom teaching experience.
Comment: An individual commented that school counselors also must have classroom experience.
Board Response: The SBEC agreed and took action to adopt, subject to SBOE review, maintaining the language as published as proposed. The language in §230.504(g)(1)(C) requires two creditable years of classroom teaching experience.
The SBOE took no action on the review of new 19 TAC §§230.1, 230.412, and 230.481, amendments to §§230.5, 230.411, 230.413, 230.431 - 230.438, 230.461 - 430.464, 230.482, 230.483, 230.501 - 230.507, 230.512, 230.551 - 230.555, 230.559, 230.560, and 230.610, and the repeal of §§230.121, 230.192 - 230.199, 230.301, 230.305, 230.310, 230.316, 230.481, 230.484, 230.509 - 230.511, 230.601, and 230.801 at the May 22, 2009, SBOE meeting.
SUBCHAPTER A. DEFINITIONS
The new section is adopted under the Texas Education Code (TEC), §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; and §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates.
The adopted new section implements the TEC, §21.041(b)(1) and (2).
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 1, 2009.
TRD-200902159
Jerel Booker
Associate Commissioner, Educator Quality and Standards, Texas Education Agency
State Board for Educator Certification
Effective date: June 21, 2009
Proposal publication date: February 27, 2009
For further information, please call: (512) 475-1497
The amendment is adopted under the Texas Education Code (TEC), §21.031(a), which states that the State Board for Educator Certification (SBEC) shall regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; §21.031(b), which 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; §21.045(a)(1), which authorizes the SBEC to propose rules establishing standards to govern the approval and continuing accountability of all educator preparation programs based on information that is disaggregated with respect to sex and ethnicity and that includes results of the certification examinations prescribed under the TEC, §21.048(a); and §21.048(a), which requires the SBEC to propose rules prescribing comprehensive examinations for each class of certificate issued by the SBEC.
The adopted amendment implements the TEC, §§21.031, 21.045(a)(1), and 21.048(a).
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 1, 2009.
TRD-200902160
Jerel Booker
Associate Commissioner, Educator Quality and Standards, Texas Education Agency
State Board of Educator Certification
Effective date: June 21, 2009
Proposal publication date: February 27, 2009
For further information, please call: (512) 475-1497
The repeal is adopted under the Texas Education Code (TEC), §21.047(a), which states that the State Board for Educator Certification (SBEC) may develop the process for the establishment of centers for professional development through institutions of higher education for the purpose of integrating technology and innovative teaching practices in the preservice and staff development training of public school teachers and administrators; §21.047(b), which states that, on application by a center, the SBEC shall make grants to the center for its programs from funds derived from gifts, grants, and legislative appropriations for that purpose; and §21.047(c), which states that a center may develop and implement a comprehensive field-based educator preparation program to supplement the internship hours required in the TEC, §21.050.
The adopted repeal implements the TEC, §21.047.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 1, 2009.
TRD-200902161
Jerel Booker
Associate Commissioner, Educator Quality and Standards, Texas Education Agency
State Board for Educator Certification
Effective date: June 21, 2009
Proposal publication date: February 27, 2009
For further information, please call: (512) 475-1497
The repeals are adopted under the Texas Education Code (TEC), §21.031(a), which states that the State Board for Educator Certification (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; and §21.041(b)(3), which requires the SBEC to propose rules that specify the period for which each class of educator certificate is valid.
The adopted repeals implement the TEC, §21.031(a) and §21.041(b)(1) - (3).
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 1, 2009.
TRD-200902162
Jerel Booker
Associate Commissioner, Educator Quality and Standards, Texas Education Agency
State Board for Educator Certification
Effective date: June 21, 2009
Proposal publication date: February 27, 2009
For further information, please call: (512) 475-1497
19 TAC §§230.301, 230.305, 230.310, 230.316
The repeals are adopted under the Texas Education Code (TEC), §21.041(b)(2), which requires the State Board for Educator Certification to propose rules that specify the classes of educator certificates to be issued, including emergency certificates.
The adopted repeals implement the TEC, §21.041(b)(2).
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 1, 2009.
TRD-200902163
Jerel Booker
Associate Commissioner, Educator Quality and Standards, Texas Education Agency
State Board for Educator Certification
Effective date: June 21, 2009
Proposal publication date: February 27, 2009
For further information, please call: (512) 475-1497
The amendments and new section are adopted under the Texas Education Code (TEC), §21.041(b)(2), which requires the State Board for Educator Certification (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; §21.044, which authorizes the SBEC to propose rules establishing the training requirements a person must accomplish to obtain a certificate, enter an internship, or enter an induction-year program and specify the minimum academic qualifications required for a certificate; §21.048(a), which requires the SBEC to propose rules prescribing comprehensive examinations for each class of certificate issued by the SBEC; §21.048(b), which states that the SBEC may not administer a written examination to determine the competence or level of performance of an educator who has a hearing impairment unless the examination has been field tested to determine its appropriateness, reliability, and validity as applied to, and minimum acceptable performance scores for, persons with hearing impairments; §21.048(c), which states that an educator who has a hearing impairment is exempt from taking a written examination for a period ending on the first anniversary of the date on which the SBEC determines, on the basis of appropriate field tests, that the examination complies with the standards specified in subsection (b) of this section; §21.048(c)(1), which states that the results of an examination administered under this section are confidential and are not subject to disclosure under the Texas Government Code, Chapter 552, unless the disclosure is regarding notification to a parent of the assignment of an uncertified teacher to a classroom as required by the TEC, §21.057, or the educator has failed the examination more than five times; §21.048(d), which states the definitions for hearing impairment, reliability, and validity when used in the TEC, §21.048; §21.050(a), which states that a person who applies for a teaching certificate for which SBEC rules require a bachelor's degree must possess a bachelor's degree received with an academic major or interdisciplinary academic major, including reading, other than education, that is related to the curriculum as prescribed under TEC, Chapter 28, Subchapter A; §21.050(b), which states that the SBEC may not require more than 18 semester credit hours of education courses at the baccalaureate level for the granting of a teaching certificate; §21.050(c), which states that a person who receives a bachelor's degree required for a teaching certificate on the basis of higher education coursework completed while receiving an exemption from tuition and fees under the TEC, §54.214, may not be required to participate in any field experience or internship consisting of student teaching to receive a teaching certificate; and §22.082, which states that the SBEC shall subscribe to the criminal history clearinghouse as provided by the Texas Government Code, §411.0845, and may obtain from any law enforcement or criminal justice agency all criminal history record information and all records contained in any closed criminal investigation file that relate to a specific applicant for or holder of a certificate issued under the TEC, Chapter 21, Subchapter B.
The adopted amendments and new section implement the TEC, §§21.041(b)(2) and (4), 21.044, 21.048, 21.050, and 22.082.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 1, 2009.
TRD-200902164
Jerel Booker
Associate Commissioner, Educator Quality and Standards, Texas Education Agency
State Board for Educator Certification
Effective date: June 21, 2009
Proposal publication date: February 27, 2009
For further information, please call: (512) 475-1497
The amendments are adopted under the Texas Education Code (TEC), §21.031(a), which states that the State Board for Educator Certification (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; §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; §21.041(c), which requires the SBEC to propose a rule adopting a fee for the issuance and maintenance of an educator certificate that is adequate to cover the cost of administration of the TEC, Chapter 21, Subchapter B; §21.048(a), which requires the SBEC to propose rules prescribing comprehensive examinations for each class of certificate issued by the SBEC; §21.048(b), which states that the SBEC may not administer a written examination to determine the competence or level of performance of an educator who has a hearing impairment unless the examination has been field tested to determine its appropriateness, reliability, and validity as applied to, and minimum acceptable performance scores for, persons with hearing impairments; §21.048(c), which states that an educator who has a hearing impairment is exempt from taking a written examination for a period ending on the first anniversary of the date on which the SBEC determines, on the basis of appropriate field tests, that the examination complies with the standards specified in subsection (b) of this section; §21.048(c)(1), which states that the results of an examination administered under this section are confidential and are not subject to disclosure under the Texas Government Code, Chapter 552, unless the disclosure is regarding notification to a parent of the assignment of an uncertified teacher to a classroom as required by the TEC, §21.057, or the educator has failed the examination more than five times; §21.048(d), which states the definitions for hearing impairment, reliability, and validity when used in the TEC, §21.048; §21.050(a), which states that a person who applies for a teaching certificate for which SBEC rules require a bachelor's degree must possess a bachelor's degree received with an academic major or interdisciplinary academic major, including reading, other than education, that is related to the curriculum as prescribed under TEC, Chapter 28, Subchapter A; §21.050(b), which states that the SBEC may not require more than 18 semester credit hours of education courses at the baccalaureate level for the granting of a teaching certificate; §21.050(c), which states that a person who receives a bachelor's degree required for a teaching certificate on the basis of higher education coursework completed while receiving an exemption from tuition and fees under the TEC, §54.214, may not be required to participate in any field experience or internship consisting of student teaching to receive a teaching certificate; §21.054(a), which requires the SBEC to propose rules establishing a process for identifying continuing education courses and programs that fulfill educators' continuing education requirements; §22.082, which states that the SBEC shall subscribe to the criminal history clearinghouse as provided by the Texas Government Code, §411.0845, and may obtain from any law enforcement or criminal justice agency all criminal history record information and all records contained in any closed criminal investigation file that relate to a specific applicant for or holder of a certificate issued under the TEC, Chapter 21, Subchapter B; and §22.0831(f), which authorizes the SBEC to propose rules to implement the national criminal history record information review of certified educators.
The adopted amendments implement the TEC, §§21.031(a), 21.041(b)(1) - (5) and (9) and (c), 21.048, 21.050, 21.054(a), 22.082, and 22.0831(f).
§230.432.Candidates of Approved Educator Preparation Programs.
An appropriate certificate may be issued to a candidate who completes all requirements of a State Board for Educator Certification-approved educator preparation program. The candidate must complete the appropriate application and pay the designated fee. The certification officer representing the approved educator preparation program shall submit to the Texas Education Agency staff a recommendation for the issuance of the appropriate certificate, indicating the date on which all requirements were completed.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 1, 2009.
TRD-200902165
Jerel Booker
Associate Commissioner, Educator Quality and Standards, Texas Education Agency
State Board for Educator Certification
Effective date: June 21, 2009
Proposal publication date: February 27, 2009
For further information, please call: (512) 475-1497
The amendments are adopted under the Texas Education Code (TEC), §21.040(6), which allows the State Board for Educator Certification (SBEC) authority to develop and implement policies that define responsibilities of the SBEC; §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(c), which requires the SBEC to propose a rule adopting a fee for the issuance and maintenance of an educator certificate that is adequate to cover the cost of administration of the TEC, Chapter 21, Subchapter B; §21.048(a), which requires the SBEC to propose rules prescribing comprehensive examinations for each class of certificate issued by the SBEC; §21.048(b), which states that the SBEC may not administer a written examination to determine the competence or level of performance of an educator who has a hearing impairment unless the examination has been field tested to determine its appropriateness, reliability, and validity as applied to, and minimum acceptable performance scores for, persons with hearing impairments; §21.048(c), which states that an educator who has a hearing impairment is exempt from taking a written examination for a period ending on the first anniversary of the date on which the SBEC determines, on the basis of appropriate field tests, that the examination complies with the standards specified in subsection (b) of this section; §21.048(c)(1), which states that the results of an examination administered under this section are confidential and are not subject to disclosure under the Texas Government Code, Chapter 552, unless the disclosure is regarding notification to a parent of the assignment of an uncertified teacher to a classroom as required by the TEC, §21.057, or the educator has failed the examination more than five times; §21.048(d), which states the definitions for hearing impairment, reliability, and validity when used in the TEC, §21.048; §21.050(a), which states that a person who applies for a teaching certificate for which SBEC rules require a bachelor's degree must possess a bachelor's degree received with an academic major or interdisciplinary academic major, including reading, other than education, that is related to the curriculum as prescribed under the TEC, Chapter 28, Subchapter A; §21.050(b), which states that the SBEC may not require more than 18 semester credit hours of education courses at the baccalaureate level for the granting of a teaching certificate; §21.050(c), which states that a person who receives a bachelor's degree required for a teaching certificate on the basis of higher education coursework completed while receiving an exemption from tuition and fees under the TEC, §54.214, may not be required to participate in any field experience or internship consisting of student teaching to receive a teaching certificate; §21.052(a), which states that the SBEC may issue a certificate to an educator who holds a degree issued by an institution accredited by a regional accrediting agency or group that is recognized by a nationally recognized accreditation board or a degree issued by an institution located in a foreign country, if the degree is equivalent to a degree described by §21.052(a)(1)(A), holds an appropriate certificate or other credential issued by another state or country, and performs satisfactorily on the examination prescribed under the TEC, §21.048, or, if the educator holds a certificate or other credential issued by another state or country, an examination similar to and at least as rigorous as that described by §21.052(a)(1)(A) administered to the educator under the authority of that state; §21.052(b), which states that for purposes of §21.052(a)(2), a person is considered to hold a certificate or other credential if the credential is not valid solely because it has expired; §21.052(c), which states that the SBEC may issue a temporary certificate under this section to an educator who holds a degree required by §21.052(a)(1) and a certificate or other credential required by §21.052(a)(2) but who has not satisfied the requirements prescribed by §21.052(a)(3); §21.052(d), which states that a temporary certificate issued under §21.052(c) to an educator employed by a school district that has constructed or expanded at least one instructional facility as a result of increased student enrollment due to actions taken under the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. §2687) may not expire before the first anniversary of the date on which the SBEC completes the review of the educator's credentials and informs the educator of the examination or examinations under the TEC, §21.048, on which the educator must perform successfully to receive a standard certificate; and §21.054(a), which requires the SBEC to propose rules establishing a process for identifying continuing education courses and programs that fulfill educators' continuing education requirements.
The adopted amendments implement the TEC, §§21.040(6), 21.041(b)(4) and (5) and (c), 21.048, 21.050, 21.052, and 21.054(a).
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 1, 2009.
TRD-200902166
Jerel Booker
Associate Commissioner, Educator Quality and Standards, Texas Education Agency
State Board for Educator Certification
Effective date: June 21, 2009
Proposal publication date: February 27, 2009
For further information, please call: (512) 475-1497
The repeals are adopted under the Texas Education Code (TEC), §21.031(a), which states that the State Board for Educator Certification (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; and §21.041(b)(3), which requires the SBEC to propose rules that specify the period for which each class of educator certificate is valid.
The adopted repeals implement the TEC, §21.031(a) and §21.041(b)(1) - (3).
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 1, 2009.
TRD-200902167
Jerel Booker
Associate Commissioner, Educator Quality and Standards, Texas Education Agency
State Board for Educator Certification
Effective date: June 21, 2009
Proposal publication date: February 27, 2009
For further information, please call: (512) 475-1497
The new section and amendments are adopted under the Texas Education Code (TEC), §21.031(a), which states that the State Board for Educator Certification (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; and §21.041(b)(3), which requires the SBEC to propose rules that specify the period for which each class of educator certificate is valid.
The adopted new section and amendments implement the TEC, §21.031(a) and §21.041(b)(1) - (3).
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 1, 2009.
TRD-200902168
Jerel Booker
Associate Commissioner, Educator Quality and Standards, Texas Education Agency
State Board for Educator Certification
Effective date: June 21, 2009
Proposal publication date: February 27, 2009
For further information, please call: (512) 475-1497
19 TAC §§230.501 - 230.507, 230.512
The amendments are adopted under the Texas Education Code (TEC), §21.031(a), which states that the State Board for Educator Certification (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)(4), which requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate; §21.044, which authorizes the SBEC to propose rules establishing the training requirements a person must accomplish to obtain a certificate, enter an internship, or enter an induction-year program and specify the minimum academic qualifications required for a certificate; §21.045(a), which authorizes the SBEC to propose rules establishing standards to govern the approval and continuing accountability of all educator preparation programs based on information that is disaggregated with respect to sex and ethnicity and that includes results of the certification examinations prescribed under the TEC, §21.048(a), and performance based on the appraisal system for beginning teachers adopted by the SBEC; §21.045(b), which specifies that each educator preparation program shall submit data elements as required by the SBEC for an annual performance report to ensure access and equity; §21.045(c), which requires the SBEC to propose rules establishing performance standards for the Accountability System for Educator Preparation for accrediting educator preparation programs; §21.045(d), which specifies that the executive director of the SBEC shall appoint an oversight team of educators to make recommendations and provide assistance to educator preparation programs that do not meet accreditation standards; §21.048(a), which requires the SBEC to propose rules prescribing comprehensive examinations for each class of certificate issued by the SBEC; §21.048(b), which states that the SBEC may not administer a written examination to determine the competence or level of performance of an educator who has a hearing impairment unless the examination has been field tested to determine its appropriateness, reliability, and validity as applied to, and minimum acceptable performance scores for, persons with hearing impairments; §21.048(c), which states that an educator who has a hearing impairment is exempt from taking a written examination for a period ending on the first anniversary of the date on which the SBEC determines, on the basis of appropriate field tests, that the examination complies with the standards specified in subsection (b) of this section; §21.048(c)(1), which states that the results of an examination administered under this section are confidential and are not subject to disclosure under the Texas Government Code, Chapter 552, unless the disclosure is regarding notification to a parent of the assignment of an uncertified teacher to a classroom as required by the TEC, §21.057, or the educator has failed the examination more than five times; §21.048(d), which states the definitions for hearing impairment, reliability, and validity when used in the TEC, §21.048.
The adopted amendments implement the TEC, §§21.031(a), 21.041(b)(1), (2), and (4), 21.044, 21.045, and 21.048.
§230.504.Specific Requirements for Initial Emergency Permits.
(a) General Provisions. An individual for whom an emergency permit is activated must:
(1) have completed the appropriate semester credit hours or equivalent contact hours required for the emergency permit sought as specified in this section; or, for a degreed, certified teacher, have passed the appropriate content specialization portions of the appropriate certification examination required for the target certificate; and
(2) have satisfied the appropriate experience requirement specified in this section for the emergency permit sought.
(b) Assignments to elementary grades (Early Childhood-Grade 6) (general education).
(1) Elementary (Early Childhood-Grade 6). The individual must have completed 12 semester credit hours in a combination of subjects directly related to the elementary curriculum, or 12 semester credit hours in elementary education, or any combination of these areas of study. Subjects related to the elementary curriculum include, but are not limited to, art, English language arts, health, mathematics, music, physical education, reading, science, social studies, technology applications, or theatre arts.
(2) Foreign language in the elementary grades (Early Childhood-Grade 6).
(A) An individual must have current certification with a teaching field in the language to be taught.
(B) An individual who holds a secondary certificate with a teaching field in the language to be taught must have completed six semester credit hours of elementary education before the assignment is continued.
(C) Continued assignment must be documented on the individual's teacher service record.
(D) An individual who holds a Generalist: Early Childhood-Grade 4 or Generalist: Early Childhood-Grade 6 certificate with a passing score on the appropriate oral proficiency test in the target language may qualify for an emergency permit. To continue in the assignment, the individual must pass the written content specialization portion of the certification examination.
(E) Requirements specified in §230.506 of this title (relating to Renewal Requirements) do not apply to this assignment.
(c) Assignments to secondary grades (Grades 7-12) (general education).
(1) An emergency permit may be activated for an individual not certified at the secondary level provided the individual has completed:
(A) 24 semester credit hours in the subject to be taught; or
(B) 24 semester credit hours toward a composite teaching field appropriate for the assignment, including at least six semester credit hours in the subject to be taught.
(2) A Temporary Classroom Assignment Permit (TCAP) may be activated for a teacher certified at the secondary level assigned to a subject area not covered by the certificate. The school district is not required to file the TCAP with the Texas Education Agency staff. The TCAP must be maintained in the school district personnel records.
(A) A TCAP must be activated for an individual who is assigned to one or more class periods in an area not covered by the certificate held. The individual must have completed six semester credit hours in the specific subject area(s) to be taught. A TCAP may be activated for no more than four class periods.
(B) The TCAP is valid for one school year and is not renewable except in the event that the TCAP was issued for fewer than 90 calendar days before the last day of student instruction in the prior school year.
(d) Assignments to all grade levels (Early Childhood-Grade 12) (general education).
(1) An individual must have completed 24 semester credit hours in the subject area to be taught.
(2) This section will apply to all general education subject areas that are available as Early Childhood-Grade 12 certificates.
(e) Assignments to career and technical education programs.
(1) Agricultural science and technology assignments. An individual must:
(A) hold a baccalaureate degree from an accredited institution of higher education; and
(B) have completed 24 semester credit hours in agricultural science and technology coursework.
(2) Health science technology assignments. An individual must:
(A) hold a baccalaureate degree from an accredited institution of higher education;
(B) be currently licensed, certified, or registered (requiring two years of college education) by a state-authorized or nationally recognized accrediting agency as a professional practitioner in one or more health occupations for which instruction is offered; and
(C) have an approved statement of qualifications verifying two years of full-time employment in an accredited health care facility or agency while holding the license mentioned in subparagraph (B) of this paragraph.
(3) Family and consumer sciences assignments. An individual must:
(A) hold a baccalaureate degree from an accredited institution of higher education; and
(B) have completed 24 semester credit hours in family and consumer sciences coursework.
(4) Marketing education assignments. An individual must:
(A) hold a baccalaureate degree from an accredited institution of higher education;
(B) have completed 24 semester credit hours in marketing coursework; and
(C) have an approved statement of qualifications verifying two years of full-time wage-earning experience in marketing occupations for which training is offered at the secondary level.
(5) Business education assignments (for any instructional arrangement). An individual must:
(A) hold a baccalaureate degree from an accredited institution of higher education; and
(B) have completed 24 semester credit hours in business coursework.
(6) Trade and industrial education assignments.
(A) Option I. An individual must:
(i) hold a baccalaureate degree from an accredited institution of higher education; and
(ii) have an approved statement of qualifications verifying three years of full-time wage-earning experience earned within the past eight years in one or more approved occupations for which instruction is offered. Up to 18 months of the wage-earning experience can be met through a formal documented internship.
(B) Option II. An individual must:
(i) hold an associate degree from an accredited institution of higher education; and
(ii) have an approved statement of qualifications verifying three years of full-time wage-earning experience earned within the past eight years in one or more approved occupations for which instruction is offered.
(C) Option III. An individual must:
(i) hold a high school diploma or the equivalent; and
(ii) have an approved statement of qualifications verifying five years of full-time wage-earning experience earned within the past eight years in one or more approved occupations for which instruction is offered.
(D) Additional requirements.
(i) Current 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 by a nationally recognized accrediting agency must be based on a recognized test or measurement. If the license, certification, or registration is not based on a recognized test or measurement, then passing of the appropriate National Occupational Competency Testing (NOCTI) assessment is required.
(ii) A cosmetology teacher must:
(I) have three years of full-time wage-earning experience as a licensed cosmetologist; and
(II) currently be licensed as a cosmetology instructor by the Texas Department of Licensing and Regulation.
(iii) Wage-earning experience must be approved by the certification officer of the educator preparation program.
(f) Assignments for special populations.
(1) English language learners (ELLs).
(A) Bilingual education.
(i) An individual who holds a baccalaureate degree from an accredited institution of higher education and is certified at the appropriate level must:
(I) have completed three semester credit hours in an approved bilingual education program; and
(II) have completed six semester credit hours in the language of the target population; or have demonstrated proficiency in oral communication skills in the language of the target population by achieving a score of "intermediate mid" (level 2) or higher on the Texas Oral Proficiency Test (TOPT) or a comparable score on a state-approved examination of oral proficiency.
(ii) An individual who holds a baccalaureate degree from an accredited institution of higher education, but is not certified must:
(I) meet the requirements for the level of assignment;
(II) be currently enrolled in an approved educator preparation program for bilingual education; and
(III) have satisfied one of the following requirements:
(-a-) have completed 12 semester credit hours in the language of the target population, bilingual education, or a combination of the two subject areas; or
(-b-) have demonstrated proficiency in oral communication skills in the language of the target population by achieving a score of "intermediate mid" (level 2) or higher on the TOPT or a comparable score on a state-approved examination of oral proficiency.
(B) English as a second language (ESL). An individual must:
(i) be currently certified for the grade level based on a baccalaureate degree from an accredited institution of higher education; and
(ii) have satisfied one of the following requirements:
(I) have completed six semester credit hours in an approved ESL program; or
(II) have one creditable year of classroom teaching experience, as defined in Chapter 153, Subchapter CC, of this title (relating to Commissioner's Rules on Creditable Years of Service).
(2) Students with special learning needs.
(A) Auditory impairments. An individual must:
(i) hold a baccalaureate degree from an accredited institution of higher education;
(ii) have completed six semester credit hours directly related to teaching the hearing impaired;
(iii) have demonstrated competence in the specific communication method used in the classroom setting with students who are deaf; and
(iv) have verified that the employing school district, cooperative, or education service center (ESC) has one or more fully certified teachers for students with auditory impairments available as a mentor and to provide support.
(B) Visual impairments. An individual must:
(i) be currently certified in elementary, secondary, or special education;
(ii) have satisfied one of the following requirements:
(I) have completed six semester credit hours directly related to teaching students with visual impairments; or
(II) have one creditable year of classroom teaching experience, as defined in Chapter 153, Subchapter CC, of this title;
(iii) have demonstrated competency in literary Braille and basic Nemeth Code by passing the approved Braille examination, holding certification as a literary Braille transcriber by the Library of Congress, or completing one university course in Braille; and
(iv) have verified that the employing school district, cooperative, or ESC has one or more fully certified teachers of students with visual impairments available as a mentor and to provide support.
(C) Home-based instruction or instruction in a hospital class. An individual must:
(i) be currently certified based on a baccalaureate degree from an accredited institution of higher education; and
(ii) have one creditable year of teaching experience, as defined in Chapter 153, Subchapter CC, of this title.
(D) Special education (Early Childhood-Grade 12).
(i) An individual who holds a baccalaureate degree from an accredited institution of higher education and is certified at the appropriate level must:
(I) have completed six semester credit hours directly related to teaching children with special learning needs; or
(II) have one creditable year of classroom teaching experience, as defined in Chapter 153, Subchapter CC, of this title.
(ii) An individual who holds a baccalaureate degree from an accredited institution of higher education, but is not certified must:
(I) for elementary assignments, meet requirements for the level of assignment as stated in subsection (b) of this section and have completed 18 semester credit hours directly related to teaching children with special learning needs; or
(II) for secondary assignments, have completed 24 semester credit hours directly related to teaching children with special learning needs.
(g) Assignments for other instructional and support personnel.
(1) School Counselor (Early Childhood-Grade 12). An individual must:
(A) hold a baccalaureate degree from an accredited institution of higher education;
(B) have completed 24 semester credit hours of graduate-level credit, including 12 semester credit hours in guidance and counseling; and
(C) have two creditable years of classroom teaching experience, as defined in Chapter 153, Subchapter CC, of this title.
(2) Educational Diagnostician (Early Childhood-Grade 12). An individual must:
(A) hold a baccalaureate degree from an accredited institution of higher education;
(B) have completed 30 semester credit hours of graduate-level credit in the field of education or a related field, including six semester credit hours in tests and measurements, at least three semester credit hours of which emphasized individualized testing;
(C) have completed six semester credit hours directly related to teaching individuals with special learning needs; and
(D) have two creditable years of classroom teaching experience, as defined in Chapter 153, Subchapter CC, of this title.
(3) School Librarian (Early Childhood-Grade 12). An individual must:
(A) hold a baccalaureate degree from an accredited institution of higher education;
(B) have completed six semester credit hours directly related to the basic competencies required of school librarians; and
(C) have two creditable years of classroom teaching experience, as defined in Chapter 153, Subchapter CC, of this title.
(4) Reserve Officers' Training Corps (ROTC) instructor.
(A) An individual must verify that he or she has satisfied the requirements and been approved to serve by the ROTC.
(B) Requirements specified in §230.506 of this title (relating to Renewal Requirements) do not apply to this assignment.
(C) Continued assignment must be documented on the individual's teacher service record.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 1, 2009.
TRD-200902169
Jerel Booker
Associate Commissioner, Educator Quality and Standards, Texas Education Agency
State Board for Educator Certification
Effective date: June 21, 2009
Proposal publication date: February 27, 2009
For further information, please call: (512) 475-1497
The repeals are adopted under the Texas Education Code (TEC), §21.031(a), which states that the State Board for Educator Certification (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)(4), which requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate; §21.044, which authorizes the SBEC to propose rules establishing the training requirements a person must accomplish to obtain a certificate, enter an internship, or enter an induction-year program and specify the minimum academic qualifications required for a certificate; §21.045(a), which authorizes the SBEC to propose rules establishing standards to govern the approval and continuing accountability of all educator preparation programs based on information that is disaggregated with respect to sex and ethnicity and that includes results of the certification examinations prescribed under the TEC, §21.048(a), and performance based on the appraisal system for beginning teachers adopted by the SBEC; §21.045(b), which specifies that each educator preparation program shall submit data elements as required by the SBEC for an annual performance report to ensure access and equity; §21.045(c), which requires the SBEC to propose rules establishing performance standards for the Accountability System for Educator Preparation for accrediting educator preparation programs; §21.045(d), which specifies that the executive director of the SBEC shall appoint an oversight team of educators to make recommendations and provide assistance to educator preparation programs that do not meet accreditation standards; §21.048(a), which requires the SBEC to propose rules prescribing comprehensive examinations for each class of certificate issued by the SBEC; §21.048(b), which states that the SBEC may not administer a written examination to determine the competence or level of performance of an educator who has a hearing impairment unless the examination has been field tested to determine its appropriateness, reliability, and validity as applied to, and minimum acceptable performance scores for, persons with hearing impairments; §21.048(c), which states that an educator who has a hearing impairment is exempt from taking a written examination for a period ending on the first anniversary of the date on which the SBEC determines, on the basis of appropriate field tests, that the examination complies with the standards specified in subsection (b) of this section; §21.048(c)(1), which states that the results of an examination administered under this section are confidential and are not subject to disclosure under the Texas Government Code, Chapter 552, unless the disclosure is regarding notification to a parent of the assignment of an uncertified teacher to a classroom as required by the TEC, §21.057, or the educator has failed the examination more than five times; §21.048(d), which states the definitions for hearing impairment, reliability, and validity when used in the TEC, §21.048.
The adopted repeals implement the TEC, §§21.031(a), 21.041(b)(1), (2), and (4), 21.044, 21.045, and 21.048.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 1, 2009.
TRD-200902170
Jerel Booker
Associate Commissioner, Educator Quality and Standards, Texas Education Agency
State Board for Educator Certification
Effective date: June 21, 2009
Proposal publication date: February 27, 2009
For further information, please call: (512) 475-1497
19 TAC §§230.551 - 230.555, 230.559, 230.560
The amendments are adopted under the Texas Education Code (TEC), §21.041(a), which allows the State Board for Educator Certification (SBEC) to adopt rules as necessary for its own procedures; §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)(4), which requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate.
The adopted amendments implement the TEC, §21.041(a) and (b)(1) - (4).
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 1, 2009.
TRD-200902171
Jerel Booker
Associate Commissioner, Educator Quality and Standards, Texas Education Agency
State Board for Educator Certification
Effective date: June 21, 2009
Proposal publication date: February 27, 2009
For further information, please call: (512) 475-1497
The repeal is adopted under the Texas Education Code (TEC), §21.041(b)(1), which requires the State Board for Educator Certification (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; and §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates.
The adopted repeal implements the TEC, §21.041(b)(1) and (2).
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 1, 2009.
TRD-200902172
Jerel Booker
Associate Commissioner, Educator Quality and Standards, Texas Education Agency
State Board for Educator Certification
Effective date: June 21, 2009
Proposal publication date: February 27, 2009
For further information, please call: (512) 475-1497
The amendment is adopted under the Texas Education Code (TEC), §21.044, which authorizes the State Board for Educator Certification to propose rules establishing the training requirements a person must accomplish to obtain a certificate, enter an internship, or enter an induction-year program and specify the minimum academic qualifications required for a certificate.
The adopted amendment implements the TEC, §21.044.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 1, 2009.
TRD-200902173
Jerel Booker
Associate Commissioner, Educator Quality and Standards, Texas Education Agency
State Board for Educator Certification
Effective date: June 21, 2009
Proposal publication date: February 27, 2009
For further information, please call: (512) 475-1497
The repeal is adopted under the Texas Education Code (TEC), §21.041(b)(1), which requires the State Board for Educator Certification (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; and §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates.
The adopted repeal implements the TEC, §21.041(b)(1) and (2).
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 1, 2009.
TRD-200902174
Jerel Booker
Associate Commissioner, Educator Quality and Standards, Texas Education Agency
State Board for Educator Certification
Effective date: June 21, 2009
Proposal publication date: February 27, 2009
For further information, please call: (512) 475-1497
The State Board for Educator Certification (SBEC) adopts new §231.1, concerning provisions for assignment of public school personnel. The new section is adopted without changes to the proposed text as published in the February 27, 2009, issue of the Texas Register (34 TexReg 1362) and will not be republished. The adopted new section provides guidance to school districts with regard to the certificates required for specific assignments of public school educators. The adopted new section includes language from 19 TAC §230.601, which has been repealed as part of the revisions to 19 TAC Chapter 230.
The adopted new 19 TAC §231.1 specifies the criteria for assignment of public school personnel and adopts in rule a figure showing a list of assignments with corresponding certificates for each assignment. The adopted new section includes language currently in 19 TAC §230.601, which has been repealed and reorganized in new 19 TAC §231.1.
The figure adopted in §231.1(e) is organized into three parts. Part I includes the requirements for assignment of teachers. Part II includes the requirements for teachers certified before 1966 and assigned to Grades 6-12. Part III includes the requirements for assignment of administrators, other instructional and professional support personnel, special education related services personnel, and paraprofessional personnel.
The adopted new section has no procedural and reporting implications. Also, the adopted new section does not include any additional locally maintained paperwork requirements.
There is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
Following the February 2009 SBEC meeting, proposed new 19 TAC §231.1 was filed with the Texas Register initiating the official public comment period. No comments were received regarding the proposed new section.
The State Board of Education (SBOE) took no action on the review of new 19 TAC §231.1 at the May 22, 2009, SBOE meeting.
The new section is adopted under the TEC, §21.031(a), which states 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; and §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates.
The adopted new section implements the TEC, §21.031(a) and §21.041(b)(1) and (2).
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 1, 2009.
TRD-200902175
Jerel Booker
Associate Commissioner, Educator Quality and Standards, Texas Education Agency
State Board for Educator Certification
Effective date: June 21, 2009
Proposal publication date: February 27, 2009
For further information, please call: (512) 475-1497
SUBCHAPTER B. CERTIFICATE RENEWAL AND CONTINUING PROFESSIONAL EDUCATION REQUIREMENTS
The State Board for Educator Certification (SBEC) adopts an amendment to §232.830, concerning certificate renewal and continuing professional education requirements. The amendment to §232.830 is adopted without changes to the proposed text as published in the February 27, 2009, issue of the Texas Register (34 TexReg 1363) and will not be republished. The adopted amendment is necessary to update the current rule to reflect the section title change for 19 TAC §249.16.
The Texas Education Code (TEC), §21.041(b)(7) and (8), authorize the SBEC to adopt rules providing for disciplinary proceedings and enforcing the educator's code of ethics.
At the July 2007 SBEC meeting, the SBEC requested that an amendment to 19 TAC §249.16 be pulled from the proposed rule changes to 19 TAC Chapter 249 for filing with the Texas Register so that an Attorney General's opinion could be requested regarding the meaning of the TEC, §21.060, added by Senate Bill 9, 80th Texas Legislature, 2007. The question submitted to the Attorney General was whether the adopted amendment to 19 TAC §249.16 will be in conflict with the TEC, §21.060. Subsequently, the Attorney General issued Opinion No. GA-0614 ruling that the list of crimes deemed to be related to the duties and responsibilities of the education profession is nonexclusive in the TEC, §21.060. Therefore, the SBEC has the authority, pursuant to the Texas Occupations Code, §53.025, to list crimes other than those listed in the TEC, §21.060, as being related to the duties and responsibilities of the education profession. As a result, the SBEC adopts the following amendment to 19 TAC §232.830.
A technical edit was made to §232.830 updating the reference to the adopted section title change for 19 TAC §249.16. The adopted amendment to 19 TAC §249.16 can be found in the Adopted Rules section of this issue.
The adopted amendment has no procedural and reporting implications. Also, the adopted amendment does not include any additional locally maintained paperwork requirements.
There is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
Following the February 2009 SBEC meeting, the proposed amendment to 19 TAC §232.830 was filed with the Texas Register initiating the official public comment period. No comments were received regarding the proposed amendment.
The State Board of Education (SBOE) took no action on the review of the amendment to 19 TAC §232.830 at the May 22, 2009, SBOE meeting.
The amendment is adopted under the TEC, §21.041(b)(7), which requires the SBEC to propose rules that provide for disciplinary proceedings, including the suspension or revocation of an educator certificate, as provided by Texas Government Code, Chapter 2001; and §21.041(b)(8), which requires the SBEC to propose rules that provide for the enforcement of an educator's code of ethics.
The adopted amendment implements the TEC, §21.041(b)(7) and (8).
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 1, 2009.
TRD-200902176
Jerel Booker
Associate Commissioner, Educator Quality and Standards, Texas Education Agency
State Board for Educator Certification
Effective date: June 21, 2009
Proposal publication date: February 27, 2009
For further information, please call: (512) 475-1497
19 TAC §§233.2, 233.4, 233.6, 233.7, 233.12, 233.14
The State Board for Educator Certification (SBEC) adopts amendments to §§233.2, 233.4, 233.6, 233.7, 233.12, and 233.14, concerning categories of classroom teaching certificates. The amendments to §§233.2, 233.4, 233.6, 233.7, 233.12, and 233.14 are adopted without changes to the proposed text as published in the February 27, 2009, issue of the Texas Register (34 TexReg 1364) and will not be republished. The adopted amendments update the rules establishing a deadline of September 1, 2011, for issuing the Generalist: Early Childhood-Grade 4 certificate, the Bilingual Generalist: Early Childhood-Grade 4 certificate, the Bilingual Education Supplemental: Early Childhood-Grade 4 certificate, the Bilingual Education Supplemental: Grades 4-8 certificate, and the English as a Second Language Generalist: Early Childhood-Grade 4 certificate. Language was also amended to include a Bilingual Education Supplemental certificate and clarify the specific assignment eligibility for the holder of a mathematics and science certificate.
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.
The SBEC determined that expiration dates for some certificates was needed as a result of the implementation of the new Generalist Early Childhood-Grade 6 certificates. In addition, adding all physics and chemistry courses as acceptable assignments for holders of the Mathematics/Physical Science/Engineering: Grades 8-12 certificate was necessary due to changes in the certification examination. Specifically, the following changes to rules are adopted.
In 19 TAC §233.2, language was added specifying an end date of September 1, 2011, for the Generalist: Early Childhood-Grade 4 certificate in subsection (a).
In 19 TAC §233.4(i), language was amended allowing the holder of the Mathematics/Physical Science/Engineering: Grades 8-12 certificate to teach all physics and chemistry courses. The Texas Education Agency staff reviewed and determined that the certification examination incorporated sufficient test items in the areas of physics and chemistry to justify the addition of these assignments.
In 19 TAC §233.6, language was added specifying an end date of September 1, 2011, for the Bilingual Generalist: Early Childhood-Grade 4 certificate in subsection (a), for the Bilingual Education Supplemental: Early Childhood-Grade 4 certificate in subsection (d), and for the Bilingual Education Supplemental: Grades 4-8 certificate in subsection (e). Adopted new subsection (f) was added to include the new Bilingual Education Supplemental certificate. A holder of the Bilingual Education Supplemental certificate teaches in a bilingual or English as a second language program at the same grade levels and in the content area(s) of the holder's base certificate.
In 19 TAC §233.7, language was added specifying an end date of September 1, 2011, for the English as a Second Language Generalist: Early Childhood-Grade 4 certificate in subsection (a).
In 19 TAC §233.12 and §233.14, technical changes were made such as the phrase "career and technology" was replaced with "career and technical." Also in §233.14, the cross reference to 19 TAC §230.483 was updated due to adopted changes in 19 TAC Chapter 230. The adopted amendment to 19 TAC §230.483 can be found in the Adopted Rules section of this issue.
The adopted amendments have no procedural and reporting implications. Also, the adopted amendments do not include any additional locally maintained paperwork requirements.
There is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
Following the February 2009 SBEC meeting, the proposed amendments to 19 TAC §§233.2, 233.4, 233.6, 233.7, 233.12, and 233.14 were filed with the Texas Register initiating the official public comment period. No comments were received regarding the proposed amendments.
The State Board of Education (SBOE) took no action on the review of the amendments to 19 TAC §§233.2, 233.4, 233.6, 233.7, 233.12, and 233.14 at the May 22, 2009, SBOE meeting.
The amendments are adopted 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)(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; §21.048(a), which specifies that the board shall propose rules prescribing comprehensive examinations for each class of certificate issued by the board; §21.050(a), which specifies that a person who applies for a teaching certificate for which SBEC rules require a bachelor's degree must possess a bachelor's degree received with an academic major or interdisciplinary academic major, including reading, other than education, that is related to the curriculum as prescribed under the TEC, Chapter 28, Subchapter A; §21.050(b), which states that the board may not require more than 18 semester credit hours of education courses at the baccalaureate level for the granting of a teaching certificate. The board shall provide for a minimum number of semester credit hours of internship to be included in the hours needed for certification. The board may propose rules requiring additional credit hours for certification in bilingual education, English as a second language, early childhood education, or special education; §21.050(c), which states that a person who receives a bachelor's degree required for a teaching certificate on the basis of higher education coursework completed while receiving an exemption from tuition and fees under the TEC, §54.214, may not be required to participate in any field experience or internship consisting of student teaching to receive a teaching certificate; and §22.0831(f), which states that the board may propose rules to implement this section, including rules establishing deadlines for a person to submit fingerprints and photographs in compliance with this section and sanctions for a person's failure to comply with the requirements of this section, including suspension or revocation of a certificate or refusal to issue a certificate.
The adopted amendments implement the TEC, §§21.003(a), 21.031, 21.041(b)(1) - (4) and (6), 21.048(a), 21.050, and 22.0831(f).
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 1, 2009.
TRD-200902177
Jerel Booker
Associate Commissioner, Educator Quality and Standards, Texas Education Agency
State Board for Educator Certification
Effective date: June 21, 2009
Proposal publication date: February 27, 2009
For further information, please call: (512) 475-1497
The State Board for Educator Certification (SBEC) adopts amendments to §§249.3, 249.15, and 249.16, concerning disciplinary proceedings, sanctions, and contested cases. The amendments to §249.3 and §249.15 are adopted without changes to the proposed text as published in the February 27, 2009, issue of the Texas Register (34 TexReg 1367) and will not be republished. The amendment to §249.16 is adopted with changes to the proposed text published in the February 27, 2009, issue. The adopted amendments update the rules to reflect current law and delineate crimes other than those listed in the Texas Education Code (TEC), §21.060, as being related to the duties and responsibilities of the education profession. The adopted amendments also reflect the adopted section title for 19 TAC §249.16.
The Texas Education Code (TEC), §21.041(b)(7) and (8), authorize the SBEC to adopt rules providing for disciplinary proceedings and enforcing the educator's code of ethics.
At the July 2007 SBEC meeting, the SBEC requested that an amendment to 19 TAC §249.16 be pulled from the proposed rule changes to 19 TAC Chapter 249 for filing with the Texas Register so that an Attorney General's opinion could be requested regarding the meaning of the TEC, §21.060, added by Senate Bill 9, 80th Texas Legislature, 2007. The question submitted to the Attorney General was whether the adopted amendment to 19 TAC §249.16 will be in conflict with the TEC, §21.060. Subsequently, the Attorney General issued Opinion No. GA-0614 ruling that the list of crimes deemed to be related to the duties and responsibilities of the education profession is nonexclusive in the TEC, §21.060. Therefore, the SBEC has the authority, pursuant to the Texas Occupations Code, §53.025, to list crimes other than those listed in the TEC, §21.060, as being related to the duties and responsibilities of the education profession. As a result, the SBEC adopts the following changes to 19 TAC §§249.3, 249.15, and 249.16. The changes are similar to the changes originally presented to the SBEC in July 2007, with the exception of an additional change in §249.16(b)(3) to include only felony possession of or conspiracy to possess illegal drugs while retaining the inclusion of all convictions for transfer, sale, or distribution of illegal drugs.
In §249.16(b)(7), the standard for alcohol-related crimes and crimes that relate to the teaching professional was revised to include felony driving while intoxicated (DWI), rather than the previous standard which focused on two or more offenses within any 12-month period. Since published as proposed, language in §249.16(b)(7) was modified further to eliminate the provision for felony driving under the influence after it was determined by Texas Education Agency (TEA) staff that the provision was not applicable under Texas criminal law.
In §249.16, language was added in adopted new subsection (d) to state that the remedies found in the TEC, §21.060, added by Senate Bill 9, 80th Texas Legislature, 2007, are cumulative with the remedies found in the Texas Occupations Code, Chapter 53. Both provisions apply to criminal acts committed by certificate holders.
In §249.16, grammatical and technical changes were also made such as the replacement of the terms "Agency" and "executive director" with the term "TEA staff" and the replacement of the term "Board" with the term "State Board for Educator Certification." Also, statutory citation references were updated and standardized to reflect current law and Texas Register formatting requirements. Technical edits were also made to §249.3 and §249.15 to update references to the adopted section title for 19 TAC §249.16, as well as statutory citations.
The procedural and reporting implications of the adopted amendments modify the current process for resolving ethical disputes, resulting in a more efficient resolution process. The adopted amendments do not include any additional locally maintained paperwork requirements.
There is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
Following the February 2009 SBEC meeting, the proposed amendments to 19 TAC §§249.3, 249.15, and 249.16 were filed with the Texas Register initiating the official public comment period. No comments were received regarding the proposed amendments.
The State Board of Education (SBOE) took no action on the review of the amendments to 19 TAC §§249.3, 249.15, and 249.16 at the May 22, 2009, SBOE meeting.
SUBCHAPTER A. GENERAL PROVISIONS
The amendment is adopted under the Texas Education Code (TEC), §21.041(b)(7), which requires the SBEC to propose rules that provide for disciplinary proceedings, including the suspension or revocation of an educator certificate, as provided by Texas Government Code, Chapter 2001; §21.041(b)(8), which requires the SBEC to propose rules that provide for the enforcement of an educator's code of ethics; §21.060, which allows the SBEC to suspend or revoke educator certificates based on the eligibility of persons convicted of certain offenses; Texas Occupations Code, §53.021(a), which states that a licensing authority may suspend or revoke a license, disqualify a person from receiving a license, or deny to a person the opportunity to take a licensing examination on the grounds that the person has been convicted of a felony or misdemeanor that directly relates to the duties and responsibilities of the licensed occupation; and §53.025, which requires the SBEC to issue guidelines to state the reasons a particular crime is considered to relate to educator certification and any other criterion that affects the decisions of the SBEC.
The adopted amendment implements the TEC, §21.041(b)(7) and (8) and §21.060; and Texas Occupations Code, §53.021(a) and §53.025.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 1, 2009.
TRD-200902178
Jerel Booker
Associate Commissioner, Educator Quality and Standards, Texas Education Agency
State Board for Educator Certification
Effective date: June 21, 2009
Proposal publication date: February 27, 2009
For further information, please call: (512) 475-1497
The amendments are adopted under the Texas Education Code (TEC), §21.041(b)(7), which requires the SBEC to propose rules that provide for disciplinary proceedings, including the suspension or revocation of an educator certificate, as provided by Texas Government Code, Chapter 2001; §21.041(b)(8), which requires the SBEC to propose rules that provide for the enforcement of an educator's code of ethics; §21.060, which allows the SBEC to suspend or revoke educator certificates based on the eligibility of persons convicted of certain offenses; Texas Occupations Code, §53.021(a), which states that a licensing authority may suspend or revoke a license, disqualify a person from receiving a license, or deny to a person the opportunity to take a licensing examination on the grounds that the person has been convicted of a felony or misdemeanor that directly relates to the duties and responsibilities of the licensed occupation; and §53.025, which requires the SBEC to issue guidelines to state the reasons a particular crime is considered to relate to educator certification and any other criterion that affects the decisions of the SBEC.
The adopted amendments implement the TEC, §21.041(b)(7) and (8) and §21.060; and Texas Occupations Code, §53.021(a) and §53.025.
§249.16.Eligibility of Persons with Criminal Convictions for a Certificate under Texas Occupations Code, Chapter 53.
(a) Pursuant to the Texas Occupations Code, Chapter 53, and the Texas Education Code (TEC), Chapter 22, Subchapter C, the State Board for Educator Certification may suspend or revoke an existing valid certificate, deny an applicant a certificate, or bar a person from being assessed or examined for a certificate because of a person's conviction of a felony or misdemeanor if the crime directly relates to the duties and responsibilities of the education profession.
(b) Subsection (a) of this section applies to a crime that indicates a threat to the health, safety, or welfare of a student or minor, parent of a student, fellow employee, or professional colleague; interferes with the orderly, efficient, or safe operation of a school district, campus, or activity; or indicates impaired ability or misrepresentation of qualifications to perform the functions of an educator. Crimes considered to relate directly to the duties and responsibilities of the education profession include, but are not limited to:
(1) crimes involving moral turpitude;
(2) crimes involving any form of sexual or physical abuse or neglect of a student or minor or other illegal conduct with a student or minor;
(3) crimes involving any felony possession or conspiracy to possess, or any misdemeanor or felony transfer, sale, distribution, or conspiracy to transfer, sell, or distribute any controlled substance defined in the Texas Health and Safety Code, Chapter 481;
(4) crimes involving school property or funds;
(5) crimes involving any attempt by fraudulent or unauthorized means to obtain or alter any certificate or permit that would entitle any person to hold or obtain a position as an educator;
(6) crimes occurring wholly or in part on school property or at a school-sponsored activity; or
(7) felonies involving driving while intoxicated (DWI).
(c) Pursuant to the Texas Occupations Code, Chapter 53, the Texas Education Agency (TEA) staff shall notify the applicant or certificate holder in writing of the TEA staff's intent to seek disciplinary action, including denial or revocation, and the reasons for the proposed action. The applicant or certificate holder shall have the opportunity to be heard according to the procedures set forth in this chapter.
(d) The grounds for revoking or suspending a certificate provided by this section and the Texas Occupations Code, Chapter 53, are cumulative of the other grounds and remedies provided by the TEC, §21.060, and this chapter.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 1, 2009.
TRD-200902179
Jerel Booker
Associate Commissioner, Educator Quality and Standards, Texas Education Agency
State Board for Educator Certification
Effective date: June 21, 2009
Proposal publication date: February 27, 2009
For further information, please call: (512) 475-1497