Adopted Sections An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 19. EDUCATION Part II. Texas Education Agency Chapter 75. Curriculum Subchapter G. Other Provisions 19 TAC sec.75.166 The Texas Education Agency (TEA) adopts an amendment to sec.75.166, concerning credit by examination, with changes to the proposed text as published in the February 26, 1993, issue of the Texas Register (18 TexReg 1221). The section is necessary to give school districts the option of determining whether students with excessive absences may be allowed to make up work and receive state graduation credit by examination. The change to subsection (a)(2) directs school districts to include information about high school credit by examination in student handbooks and other documents made available to students and parents. The amendment to subsection (d) deletes the prohibition against using credit by examination to make up work for excessive absences. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Education Code, sec.21.101, which authorizes the State Board of Education to adopt rules establishing and implementing a well-balanced curriculum. sec.75.166. Credit by Examination. (a) General provisions. (1) A school district board of trustees which chooses to grant credit by examination shall adopt a policy which shall include, but need not be limited to, the following: (A) eligibility requirements for students seeking credit by examination; (B) courses for which credit may be earned by examination; (C) procedures for examinations for credit; (D) provisions for ensuring that examinations given under this section assess mastery of the essential elements; (E) provisions for ensuring that the passing grade for the examination for credit is as high as that required for the same course or courses for other students in the district; and (F) provisions for ensuring that examinations for credit are properly evaluated before credit is granted. (2) Districts shall give reasonable notification of the availability of credit by examination in student handbooks and other documents made available to students and parents. (3) Districts may place restrictions on the total amount of credit to be awarded through credit by examination. (4) Students who have had prior formal instruction may use credit by examination procedures. Districts shall determine prior formal instruction based upon a review of educational records. (5) Districts may use screening procedures to determine which students may use credit by examination. (6) Districts may charge for these examinations at a rate not to exceed a limit set by the commissioner of education. (b) Assessment of mastery. Examinations that assess student mastery of the essential elements for a particular course may be obtained from any source and may be administered by outside agencies. Examinations should be as rigorous as possible and may use a variety of methods. Tests or other assessments used to determine essential element mastery are not required to be submitted to the Central Education Agency for approval, but are subject to review by accreditation teams. (c) Granting of credit. Credit obtained using credit by examination shall be recorded on the permanent school record for Grades 6-8 or on the academic achievement record for Grades 9-12 as appropriate. (1) Granting of credit shall be dependent upon performance equivalent to that of students receiving regular classroom instruction. Students must attain a grade of at least 70 or above on the assessment of the essential elements in this chapter. Granting of credit is subject to parental and district approval. (2) Students in Grades 7-8 and Grade 6, when included in the middle school, may receive unit credit for a course if they meet the standards in paragraph (1) of this subsection. (3) Students in Grades 9-12 may receive credit for a course if they meet the standards in paragraph (1) of this subsection. (4) For courses offered for local credit only, credit may be given by examination at the discretion of the district. (d) Use of credit. Credit by examination shall not be used to gain eligibility for participation in extracurricular activities. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 21, 1993. TRD-9321938 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 12, 1993 Proposal publication date: February 26, 1993 For further information, please call: (512) 463-9701 Chapter 145. Professional Environment Subchapter A. Professional Environment in General The Texas Education Agency (TEA) adopts the repeal of sec. sec.145.1, 145.2, 145.21, and 145.41-145.48, concerning professional environment, without changes to the proposed text as published in the February 26, 1993, issue of the Texas Register (18 TexReg 1225). The chapter is being repealed in accordance with the sunset review process mandated by Senate Bill 1, 71st Legislature. A new Chapter 145 is being adopted in a separate submission. The review process will result in a clearer, more concise statement of the rules relating to professional environment. No comments were received regarding adoption of the repeals. 19 TAC sec.145.1, sec.145.2 The repeals are adopted under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the State Board of Education to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 21, 1993. TRD-9321939 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 12, 1993 Proposal publication date: February 26, 1993 For further information, please call: (512) 463-9701 Subchapter A. Professional Environment in General The Texas Education Agency (TEA) adopts new sec.sec.145.1, 145.2, 145.22, and 145.24, concerning professional environment, without changes to the proposed text as published in the February 26, 1993, issue of the Texas Register (18 TexReg 1226). Section 145.21 and sec.145.23, which were proposed as new with these sections in the February 26, 1993, issue of the Texas Register, are being simultaneously withdrawn. The new sections are adopted in accordance with the sunset review process mandated by Senate Bill 1, 71st Legislature. The sections establish policies for professional environment in public schools including paperwork reduction, developmental leave, and duty-free lunch. The sunset review process will result in a clearer, more concise statement of the rules relating to professional environment. No comments were received regarding adoption of the new sections. 19 TAC sec.145.1, sec.145.2 The new sections are adopted under the Texas Education Code (TEC), sec.21. 925, which requires the State Board of Education (SBOE) to adopt rules that simplify and reduce the number and length of written reports required of school districts; the TEC, sec.21.910, which requires the SBOE to establish a procedure whereby applications for developmental leave are received and evaluated by the governing board of a school district and to determine an equitable ratio of classroom teachers to other certified personnel who may be granted leave over a period of time; and the TEC, sec.13.909, which requires the SBOE to prescribe guidelines for determining what constitutes a personnel shortage, extreme economic conditions, or an unavoidable or unforeseen circumstance, as these concepts relate to duty-free lunch. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 21, 1993. TRD-9321942 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 12, 1993 Proposal publication date: February 26, 1993 For further information, please call: (512) 463-9701 Subchapter B. Professional Assurances 19 TAC sec.145.21 The repeal is adopted under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the State Board of Education to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 21, 1993. TRD-9321940 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 12, 1993 Proposal publication date: February 26, 1993 For further information, please call: (512) 463-9701 Subchapter B. Employment Assurances 19 TAC sec.145.22, sec.145.24 The new sections are adopted under the Texas Education Code (TEC), sec.21. 925, which requires the State Board of Education (SBOE) to adopt rules that simplify and reduce the number and length of written reports required of school districts; the TEC, sec.21.910, which requires the SBOE to establish a procedure whereby applications for developmental leave are received and evaluated by the governing board of a school district and to determine an equitable ratio of classroom teachers to other certified personnel who may be granted leave over a period of time; and the TEC, sec.13.909, which requires the SBOE to prescribe guidelines for determining what constitutes a personnel shortage, extreme economic conditions, or an unavoidable or unforeseen circumstance, as these concepts relate to duty-free lunch. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 21, 1993. TRD-9321944 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 12, 1993 Proposal publication date: February 26, 1993 For further information, please call: (512) 463-9701 Subchapter C. Employment Assurances 19 TAC sec.sec.145.41-145.48 The repeals are adopted under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the State Board of Education to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 21, 1993. TRD-9321941 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 12, 1993 Proposal publication date: February 26, 1993 For further information, please call: (512) 463-9701 Chapter 149. Education Personnel Development Subchapter A. Educational Personnel Development Program The Texas Education Agency (TEA) adopts the repeal of sec. sec.149.1-149.3, 149.21-149.25, 149.41-149.46, 149.71, 149.81, and 149.91, concerning education personnel development, without changes to the proposed text as published in the February 26, 1993, issue of the Texas Register (18 TexReg 1228). The chapter is being repealed in accordance with the sunset review process mandated by Senate Bill 1, 71st Legislature. A new Chapter 149 is being proposed in a separate submission. The review process will result in a clearer, more concise statement of the rules relating to professional development programs. No comments were received regarding adoption of the repeals. 19 TAC sec.sec.149.1-149.3 The repeals are adopted under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the State Board of Education to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 21, 1993. TRD-9321945 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 12, 1993 Proposal publication date: February 26, 1993 For further information, please call: (512) 463-9701 The Texas Education Agency (TEA) adopts new sec.sec.149.1, 149.2, 149.21, 149.22, 149.24, 149.25, 149.41-149.46, 149.71, and 149.81, concerning educational personnel development. Section 149.2 and sec.149.71 are adopted with changes to the proposed text as published in the February 26, 1993, issue of the Texas Register (18 TexReg 1228). Sections 149.1, 149.21, 149.22, 149.24, 149.25, 149.41-149.46, and 149.81 are adopted without changes and will not be republished. The chapter is being adopted in accordance with the sunset review process mandated by Senate Bill 1, 71st Legislature. The sections establish a professional development program for educational personnel and guidelines for inservice education, appraisal of certified personnel, and the teacher career ladder. The change to sec.149.2(a) corrects an erroneous reference to the Texas Education Code. Three changes to sec.149.71(b) and one change to sec.149.71(g) alter the amount of time per day a certified person must teach or provide instructionally related services to students to be eligible for assignment to the teacher career ladder. Several changes throughout sec.149.71 correct erroneous cross-references to Chapter 141 of this title (relating to Teacher Certification). As a result of the sunset review process, Chapter 141 of this title has been proposed for repeal, and the revised content of the chapter has been proposed as new sections in and amendments to Chapter 137 of this title (relating to Professional Educator Preparation and Certification). A change to sec.149.71(a) adds a cross-reference to sec.137.501(b). The review process will result in a clearer, more concise statement of the rules relating to professional development programs. No comments were received regarding adoption of the new sections. 19 TAC sec.149.1, sec.149.2 new sections are adopted under the Texas Education Code (TEC), sec.11.21, which authorizes the State Board of Education (SBOE), as part of the teacher staff development required under the TEC, sec.16.052, to adopt rules requiring instruction in subject areas the board considers appropriate; and the TEC, sec.13.032, which requires the SBOE to adopt rules concerning an appraisal process and performance criteria for career ladder level assignment purposes and assessment instruments for the purpose of remediation and improvement. 149.1. Purpose of Program. (a) Policy. (1) The Texas Education Agency maintains a regular professional teacher preparation program and shall maintain a complementary statewide educational personnel development program to meet the particular personnel needs of the state. The program shall involve public school districts, colleges and universities, education service centers, and the Texas Education Agency. The program shall focus on the following basic strategies: (A) direct training and retraining efforts toward pre- elementary, elementary, and secondary education personnel; (B) encourage variation among training projects across the state; (C) encourage and develop cooperative action plans among and within the state and local education agencies, colleges, and universities; and (D) promote imaginative, multiply-funded projects using local, state, and federal resources. (2) Efforts shall concentrate on providing the opportunity for educational personnel to develop and maintain their potential for current educational processes. (b) Administrative procedure. The Texas Education Agency administers and directs the statewide program. The Texas state plan for attracting and qualifying teachers to meet critical teacher shortages and Texas statewide design for educational personnel development are maintained by the Texas Education Agency. These two plans describe the regulations and operations of the statewide educational personnel development program. sec.149.2 Educational Aid for Teachers: Designation of Areas and Fields of Acute Teacher Shortage. (a) Annually, the State Board of Education shall designate those areas or fields of acute teacher shortage for purposes of the educational aid for teachers programs authorized in the Texas Education Code, Chapter 61, Subchapter M. (b) These fields and areas shall be designated based upon the most current teacher supply/demand information, including, but not limited to, numbers and types of new certificates issued, shortages reflected in school district permit requests, and changing needs which result from new curriculum or program requirements. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas on April 21, 1993. TRD-9321950 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 12, 1993 Proposal publication date: February 26, 1993 For further information, please call: (512) 463-9701 Subchapter B. Inservice Education 19 TAC sec.sec.149.21, 149.22, 149.24, 149.25 The repeals are adopted under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the State Board of Education to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 21, 1993. TRD-9321946 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 12, 1993 Proposal publication date: February 26, 1993 For further information, please call: (512) 463-9701 19 TAC sec.sec.149.21, 149.22, 149.24, 149.25 The new sections are adopted under the Texas Education Code (TEC), sec.11. 21, which authorizes the State Board of Education (SBOE), as part of the teacher staff development required under the TEC, sec.16.052, to adopt rules requiring instruction in subject areas the board considers appropriate; and the TEC, sec.13.032, which requires the SBOE to adopt rules concerning an appraisal process and performance criteria for career ladder level assignment purposes and assessment instruments for the purpose of remediation and improvement. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 21, 1993. TRD-9321951 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 12, 1993 Proposal publication date: February 26, 1993 For further information, please call: (512) 463-9701 Subchapter C. Appraisal of Certified Personnel 19 TAC sec.sec.149.41-149.46 The repeals are adopted under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the State Board of Education to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 21, 1993. TRD-9321947 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 12, 1993 Proposal publication date: February 26, 1993 For further information, please call: (512) 463-9701 Subchapter C. Appraisal of Certified Personnel 19 TAC sec.sec.149.41-149.46 The new sections are adopted under the Texas Education Code (TEC), sec.11. 21, which authorizes the State Board of Education (SBOE), as part of the teacher staff development required under the TEC, sec.16.052, to adopt rules requiring instruction in subject areas the board considers appropriate; and the TEC, sec.13.032, which requires the SBOE to adopt rules concerning an appraisal process and performance criteria for career ladder level assignment purposes and assessment instruments for the purpose of remediation and improvement. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 21, 1993. TRD-9321952 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 12, 1993 Proposal publication date: February 26, 1993 For further information, please call: (512) 463-9701 Subchapter D. Teacher Career Ladder 19 TAC sec.149.71, sec.149.81 The repeals are adopted under Senate Bill 1, sec.2.25, 71st Legislature, Sixth Called Session, which authorizes the State Board of Education to review all rules, other than portions of Chapter 75, under Title 19, Texas Administrative Code, relating to public education. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on April 21, 1993. TRD-9321948 Criss Cloudt Director of Policy Planning and Evaluation Texas Education Agency Effective date: May 12, 1993 Proposal publication date: February 26, 1993 For further information, please call: (512) 463-9701 Subchapter D. Teacher Career Ladder 19 TAC sec.149.71, sec.149.81 The new sections are adopted under the Texas Education Code (TEC), sec.11. 21, which authorizes the State Board of Education (SBOE), as part of the teacher staff development required under the TEC, sec.16.052, to adopt rules requiring instruction in subject areas the board considers appropriate; and the TEC, sec.13.032, which requires the SBOE to adopt rules concerning an appraisal process and performance criteria for career ladder level assignment purposes and assessment instruments for the purpose of remediation and improvement. sec.149.71. Assignment to the Teacher Career Ladder. (a) General provisions. Each teacher shall be assigned to a position on the career ladder unless excluded under other provisions of this section. Assignment shall be based on performance, experience, job-related education, and/or advanced academic training, job assignments, and other requirements as specified in subsection (e) of this section, except as provided in sec.137. 501(b) of this title (relating to General Provisions). Each teacher as defined in subsection (b) of this section shall be assigned to an appropriate level, maintained at an assigned level, and provided salary allotments for the teacher career ladder in accordance with the provisions of this section. (b) Eligibility by job assignment. Eligibility for assignment to the teacher career ladder shall include a certified person who teaches or provides instructionally related services to students at least four hours each day or not less than 60% of the school day. (1) Classroom teaching is defined as teaching in the regular classroom, the resource classroom, or other instructional settings (which include, but are not limited to, those for itinerant teachers such as the home-bound, the hospitalized, or in cooperatives) where the teacher is primarily responsible for the planning, delivering, evaluating, and reporting of student learning of the essential elements as required in Chapter 75 of this title (relating to Curriculum). (2) Classroom teaching shall include teaching in any class for which credit is awarded to students, including physical education scheduled during the regular school day. (3) Hours are defined for purposes of this subsection as regular class periods meeting the minimum time requirements of Chapter 75 of this title (relating to Curriculum). (4) At the option of the local school district, the following instructionally related services may be counted as classroom teaching to meet the minimum teaching requirement for career ladder purposes: (A) up to two hours of on-the-job supervision per day for the degreed vocational cooperative education teacher or the technical education internship teacher/coordinator; (B) one hour per day of supervising the occupational experience for the vocational agriculture/horticulture teacher or for the extended learning experience program for the consumer and homemaking teacher; (C) one hour per day for purposes of traveling to the various teaching sites for the itinerant teacher; (D) up to four hours per day or 20 hours per week for the placement of students in occupational settings, on- the-job supervision, and/or travel to occupational teaching sites for the vocational adjustment coordinator who works with a minimum of three students per day or 15 students per week; or (E) one hour per day for purposes of serving as an instructional department head/chairperson or grade level chairperson/coordinator provided that the teacher teaches a minimum of three hours per day. (5) At the option of the local school district, a teacher who is employed for only half-time may be considered for the teacher career ladder provided that the teacher teaches a minimum of at least two hours each day. (6) A person who is employed full-time but who does not teach in the classroom at least four hours per day or 60% of the regular school day as defined in paragraphs (1) and (4) of this subsection shall not be assigned to the teacher career ladder. (7) A person shall not be assigned to the teacher career ladder if that person is serving as: (A) a school nurse; (B) a vocational teacher, nondegreed; (C) an ROTC teacher, nondegreed; (D) a librarian; (E) a visiting teacher; (F) a psychological associate; (G) a physician; (H) an occupational or physical therapist; (I) a guidance associate who teaches less than four hours per day or less than 60% of the school day in the classroom as defined in paragraph (1) of this subsection; or (J) any other special service assignment such as, but not limited to, counselors or educational diagnosticians and administrative/supervisory assignments such as, but not limited to, supervisors, principals, or superintendents. (c) The selection process. (1) Interruptions in service will be addressed in the following manner. (A) A teacher who is not employed as a teacher for a period of up to two school years may be assigned to the same career ladder level to which the person was assigned before the interruption in service. (B) A teacher who has an interruption in service as a teacher of more than two school years may be assigned to the career ladder level that is one level below the level to which the person was assigned before the interruption in service. (C) A teacher who is assigned to a career ladder level following an interruption in service as a teacher must meet the same performance requirements for advancement on the career ladder that all other teachers must meet for advancement. (2) A local district shall use a current school year performance evaluation as a criterion for placing a teacher on an advanced level of the career ladder or maintaining a teacher on an advanced level if one or more of the following conditions exist: (A) no performance evaluation was completed for the teacher by that district in the immediately preceding school year; or (B) a performance evaluation for the teacher from the immediately preceding school year was destroyed or otherwise removed from the district by former employees. (3) A local school district may use current school year performance evaluations as a criterion for placing or maintaining teachers on career ladder levels only under the conditions specified in paragraphs (2) and (4) of this subsection or in accordance with the following. (A) When extenuating circumstances exist for which an exception is sought, a local district must submit to the commissioner of education a written request in which extenuating circumstances are fully disclosed. (B) The commissioner of education may allow a local district to use current school year performance evaluations if the circumstances are deemed extenuating. (4) Current school year performance evaluations shall be used for purposes of placing or maintaining teachers on advanced levels of the teacher career ladder in the following circumstances: (A) a teacher was not appraised in the prior year because the teacher was on a local district approved temporary disability leave; or (B) a teacher was not appraised in the prior year because the teacher was on a local district approved professional development leave. (5) Texas Civil Statutes, Articles 5996a and 5996d, concerning nepotism, do not apply to the selection of level two, three, or four teachers pursuant to the Texas Education Code, Chapter 13, Subchapter E, added by House Bill 72 of the 68th Legislature, Second Called Session. (d) Higher education course work and advanced academic training. (1) The local school district shall determine in accordance with the provisions of this subsection whether courses taken for credit at accredited institutions of higher education or work obtained through programs of advanced academic training may be applied toward requirements for level placement and maintenance on the teacher career ladder. Higher education course work or advanced academic training must be related to the job assignment in one of the following ways: (A) as instruction in the subject taught, a subject for which certification is held that is one of the elementary or secondary curriculum areas identified in Chapter 75 of this title (relating to Curriculum), a subject or area to be taught that has been designated by the State Board of Education or a local school district as an area or field of acute teacher shortage and for which the teacher has on file with the district a college/university plan for certification, or a teaching endorsement or delivery system approved by the State Board of Education in Chapter 137 of this title (relating to Professional Educator Preparation and Certification) such as kindergarten or other teaching endorsements and bilingual education or other delivery systems (this category must account for at least 50% of the course work or training unless specified otherwise in paragraph (2) of this subsection); (B) as instruction for the student taught such as specialized instruction for the gifted and talented student, the handicapped student, the culturally different student, teaching-learning theories and strategies, and the evaluation and reporting of student achievement; or (C) as instruction in specific classroom management, knowledge, skills, and applications such as discipline, individualized instruction, teacher excellence training, and the utilization of media and high technology in the classroom. (2) A portion, the amount to be specified by the local district, of the higher education course work and/or advanced academic training must relate directly to the remediation of weaknesses or areas in need of improvement if identified in the teacher's appraisal for the preceding year or years. In the absence of needs identified through appraisal, career goals of the individual teacher and/or staff development goals of the local school district should be addressed with flexibility for emphasizing the need for depth and/or currency of both subject knowledge and teaching methods. (3) Higher education course work and advanced academic training that is in accordance with this subsection and earned after the bachelor's degree and prior to September 1 of each year shall be creditable toward requirements for level placement on the teacher career ladder for the subsequent year. Decisions made in accordance with 1984- 1985 guidelines, concerning credits retained for purposes of career ladder advancement, shall not be invalidated by the implementation of this subsection. (4) Education earned during a state-required inservice day for which the teacher is salaried may be creditable as higher education course work or advanced academic training for career ladder purposes. (5) Higher education course work used for level placement on the teacher career ladder must satisfy the requirements stated in paragraphs (1) and (2) of this subsection and may carry lower division, upper division, or graduate level credit. No more than one-third of the course work may be in lower division courses unless the work is being taken in a subject or area that has been designated by the State Board of Education or a local school district as an area or field of acute teacher shortage as specified in paragraph (1)(A) of this subsection. (6) All higher education course work creditable toward level placement on the teacher career ladder must be awarded by a college or university that is accredited by a recognized regional accrediting organization, or approved by a state department of education or a recognized governmental entity. (7) Credits for higher education course work or advanced academic training shall be creditable no more than once toward requirements for level advancement or placement on the teacher career ladder. If a master's or doctor's degree is used to qualify an individual for more rapid advancement to level two on the teacher career ladder, applicable credit hours within the degree requirements in excess of nine semester hours may be applied toward meeting the requirements for placement on other levels of the career ladder. (8) It is the responsibility of each teacher to provide the local school district with official transcripts for higher education course work completed and written documentation acceptable to the local school district for advanced academic training which includes, but is not limited to, the name of the work, the date, and the number of clock hours for the work completed. It is the responsibility of the local school district to maintain documentation in support of career ladder level decisions made by the local school district. (e) Use of stricter performance criteria. If the funds available for the support of the teacher career ladder are insufficient to fund the supplements as provided in the Texas Education Code, sec.16.057, a local school district may require stricter performance criteria for placing teachers on career ladder levels and for maintaining teachers on previously assigned levels. Criteria not related to the quality of performance shall not be utilized to restrict eligibility for consideration for career ladder advancement. (1) Local districts must specify in written policy the requirements for stricter performance. Local district requirements for stricter performance that are consistent with this subsection shall be considered approved. (2) Criteria for stricter performance may be required in one or more of the following areas. (A) A higher category of performance may be required for each of the years for placement on or maintenance of a career ladder level; for example, exceeding expectations may be required for maintaining level two rather than meets expectations. (B) A greater number of years with specified high performance such as exceeding expectations may be required for all of the years required for experience rather than just a portion. (C) A higher level of performance may be required within a category; for example, performance that excels in a majority of major areas rather than some major areas (domains) could be designated as exceeding expectations. (f) Criteria for selection. All teachers shall be assigned to the teacher career ladder except for positions listed in subsection (b)(7) of this section. An individual being considered for career ladder level assignment or advancement shall satisfy the following requirements for the respective level. (1) Level one placement shall require that a teacher: (A) possess a provisional or professional teaching certificate as defined in sec.137.412 of this title (relating to Classes of Certificates) or a level one certificate or its equivalent as determined by the State Board of Education; and (B) demonstrate at least meets expectations performance in every appraisal category for the year immediately preceding placement. (2) Level two placement shall require that a teacher: (A) possess a provisional or professional teaching certificate as defined in sec.137.412 of this title (relating to Classes of Certificates) or a level two certificate or its equivalent as determined by the State Board of Education; (B) receive performance evaluations which reflect at least performance exceeding expectations during the year immediately preceding consideration for placement at level two and meet expectations performance during the other year or years, or meet the stricter performance criteria as specified by the local district in accordance with subsection (e) of this section; and (C) possess one of the following combinations of education and experience: (i) Option I: (I) a baccalaureate degree; (II) three years of classroom teaching experience on level one (need not be consecutive years); and (III) nine semester hours of higher education course work, or 135 hours of advanced academic training (at least 45 hours of which must emphasize classroom management training if classroom management or discipline is identified as an area that needs improvement on the teacher's performance appraisal for the preceding year), or an equivalent combination so that one semester hour of higher education course work is equivalent to 15 hours of advanced academic training; (ii) Option II: (I) a master's degree in: (-a-) a subject listed in Chapter 75 of this title (relating to Curriculum) as an elementary, secondary, or all-level subject to be taught; (-b-) education (excluding degrees specifically designed for preparation for special service positions such as administrator, counselor, supervisor, etc.) with a concentration of at least 12 semester hours in a subject or combination of subjects to be taught in the public schools; or (-c-) an endorsement area or delivery system approved by the State Board of Education in Chapter 137 of this title (relating to Professional Educator Preparation and Certification) such as kindergarten or other endorsements and bilingual and special education delivery systems; and (II) two years of classroom teaching experience on level one (need not be consecutive years). (3) Level three placement shall require that a teacher: (A) possess an appropriate teaching certificate as defined in sec.137.412 of this title (relating to Classes of Certificates) or a level three certificate or its equivalent as approved by the State Board of Education; (B) possess a baccalaureate degree and one of the following combinations of education, experience, and evaluation: (i) Option I: (I) five years of classroom teaching at level two; (II) six semester hours of higher education course work, or 90 hours of advanced academic training (a portion of which must emphasize classroom management training only if classroom management or discipline is identified as an area that needs improvement on the teacher's performance appraisal for the preceding year), or an equivalent combination so that one semester hour of higher education course work is equivalent to 15 hours of advanced academic training; and (III) performance evaluations during three of the four years immediately preceding consideration for placement at level three indicating performance exceeding expectations and at least meets expectations performance during the other year, or performance evaluations as specified by the local district in accordance with subsection (e) of this section; or (ii) Option II: (I) three years of classroom teaching at level two (need not be consecutive years); (II) three semester hours of higher education course work or 45 hours of advanced academic training (a portion of which must emphasize classroom management training only if classroom management or discipline is identified as an area that needs improvement on the teacher's performance appraisal for the preceding year), or an equivalent combination so that one semester hour of higher education course work is equivalent to 15 hours of advanced academic training; and (III) performance evaluations during two of the three years of service immediately preceding consideration for placement at level three indicating clearly outstanding and at least meets expectations performance during the other year, or performance evaluations as specified by the local district in accordance with subsection (e) of this section. (4) Level four placement shall require that a teacher: (A) possess a master teacher certificate; (B) demonstrate satisfactory performance on the master teacher examination; and (C) possess a baccalaureate degree and one of the following combinations of education, experience, and evaluation: (i) Option I: (I) three years of classroom teaching experience at or above level three; (II) complete six semester hours of higher education course work; or complete 90 hours of advanced academic training (a portion of which must emphasize classroom management training only if classroom management or discipline is identified as an area that needs improvement on the teacher's performance appraisal for the preceding year), or an equivalent combination so that one semester hour of higher education course work is equivalent to 15 hours of advanced academic training; and (III) receive performance evaluations during two of the three years immediately preceding consideration for placement at level four indicating clearly outstanding performance and at least meets expectations performance during the other year; or performance evaluations as specified by the local district in accordance with subsection (e) of this section; or (ii) Option II: (I) two years of classroom teaching at or above level three (need not be consecutive years); (II) have three semester hours of higher education course work, or 45 hours of advanced academic training (a portion of which must emphasize classroom management training only if classroom management or discipline is identified as an area that needs improvement on the teacher's performance appraisal for the preceding year), or an equivalent combination so that one semester hour of higher education course work is equivalent to 15 hours of advanced academic training; and (III) receive performance evaluations during the three years immediately preceding consideration for placement at level four indicating clearly outstanding performance, or performance evaluations as specified by the local district in accordance with subsection (e) of this section. (g) Maintenance or reassignment of career ladder levels. (1) A teacher shall remain at career ladder level one until full eligibility requirements for a level two, level three, or master teacher certificate as described in Chapter 137 of this title (relating to Professional Educator Preparation and Certification) have been met and the teacher has been assigned to career ladder level two. A district may not renew the contract of a teacher who fails to achieve at least meets expectations performance during either of the first two years of experience at level one. (2) A teacher shall remain at career ladder level two until full eligibility requirements for a level three or master teacher certificate as described in Chapter 137 of this title (relating to Professional Educator Preparation and Certification) and level three entry requirements have been met. A teacher shall be reassigned from career ladder level two to career ladder level one if the teacher's performance is below expectations during the preceding year, or fails to achieve the stricter performance criteria as specified by the local district in accordance with subsection (e) of this section. (3) A teacher shall remain at career ladder level three until full eligibility requirements for a master teacher certificate as described in Chapter 137 of this title (relating to Professional Educator Preparation and Certification) and level four entry requirements have been met. (A) A teacher shall be reassigned from career ladder level three to career ladder level two if the teacher demonstrates less than exceeding expectations performance at level three for two consecutive years, or fails to achieve the stricter performance criteria as specified by the local district in accordance with subsection (e) of this section. (B) A teacher shall be reassigned from career ladder level three to career ladder level one if the teacher demonstrates performance which is below expectations during the preceding year, or fails to achieve the stricter performance criteria as specified by the local district in accordance with subsection (e) of this section. (4) A teacher shall remain at career ladder level four unless the requirements stated in this subsection are no longer satisfied. A teacher shall be required: (A) to demonstrate clearly outstanding performance during two of every three years and at least meets expectations performance during the other year and complete three semester hours of higher education course work or 45 hours of advanced academic training or an equivalent combination so that one semester hour of higher education course work is equivalent to 15 hours of advanced academic training, to demonstrate clearly outstanding performance during each of the three years, or to achieve performance evaluations as specified by the local district in accordance with subsection (e) of this section; (B) to teach in a classroom for not less than four hours per day or 60% of the school day in accordance with the provisions of subsection (b)(4) of this section; and (C) to perform at least two master teacher duties every three years. (5) In the event that a school district determines that reassignment to a lower level resulted from performance appraisals that were influenced by extraordinary personal circumstances and the teacher receives a clearly outstanding performance appraisal in the year following reassignment, the school district may reinstate the teacher to the former level. In any other case, a teacher reassigned under this subsection may reenter higher levels only by requalifying under the performance standards for entry into the higher levels. (h) Out-of-state teachers entering the career ladder. (1) A teacher who possesses a valid classroom teaching certificate issued by another state department of education or foreign country may enter the career ladder at any level assigned by the employing school district, at the commensurate salary step, under a probationary contract. (2) At the end of the first year of teaching in Texas, the teacher must meet the requirements established in subsection (f) of this section with the exception of the requirements for the prior certificate held. (A) In the event that such performance requirements are not met satisfactorily, the teacher shall be maintained at the career ladder level below assignment with no salary step increase. (B) Failure to satisfactorily meet such requirements during the second year of teaching shall result in termination of contract. (3) Upon satisfactory achievement of certification requirements, the district may recommend certification at the appropriate level as established in Chapter 137 of this title (relating to Professional Educator Preparation and Certification). (4) The employing school district shall have the authority to accept or reject the performance appraisal or appraisals based on service completed in other districts. (i) Transfer between districts. (1) A teacher is entitled to transfer a career ladder level assignment between districts. (2) A teacher may waive entitlement to a particular career ladder level assignment when changing employment from one district to another. (3) The employing district may recognize the performance appraisal of a district previously employing the teacher in determining a career ladder level assignment. Employing districts which choose not to recognize the performance evaluation of another district may establish by local policy a procedure for placing the teacher on the career ladder at a level not to exceed that previously held by the teacher in another district without regard to experience at a particular career ladder level. A district shall not require a teacher to be employed and appraised by that district prior to placement on a particular career ladder level for more years than required by subsection (f) of this section. (j) Finality of district decision. (1) A decision of the district concerning a teacher's placement on the career ladder may be appealed only on the following grounds: (A) that the decision was arbitrary and capricious; or (B) that the decision was made in bad faith. (2) Before a career ladder decision may be appealed to the commissioner of education, a hearing concerning the decision must be held by the local board of trustees. (k) Property right of teacher. (1) A teacher who has earned a level one, level two, level three, or master teacher certificate in accordance with Chapter 137 of this title (relating to Professional Educator Preparation and Certification) has a right to retain that certificate until it has expired or is duly suspended, revoked, or otherwise removed in accordance with law. (2) Assignment to career ladder level one, level two, level three, or level four is neither a property right nor the equivalent of tenure. (l) Career ladder salary supplement. The career ladder salary supplement shall be paid during the school year at a time not later than August 31 of the school year in which the teacher entered or was maintained and in a manner to be determined by the local school district in accordance with law and this section. (1) Each teacher placed on level two, three, or four of a career ladder is entitled to the following annual supplement in addition to the minimum salary set by law: (A) Level 2 - $2,000; (B) Level 3 - $4,000; and (C) Level 4 - $6,000. (2) If the district pays more than the state minimum salary prescribed by law, the teacher is entitled to the career ladder supplement in addition to the amount otherwise paid by the district for the teacher's step. (3) If the allotment to the district that is designated for support of the career ladder will not fully fund the supplements for the teachers meeting the minimum state requirements, the district may: (A) reduce the supplements to not less than the following: (i) Level 2 - $1,500; (ii) Level 3 - $3,000; (iii) Level 4 - $4,500; (B) provide for stricter performance criteria than that provided in law as a basis for career ladder level assignments in accordance with subsection (e) of this section; or (C) take action under both subparagraphs (A) and (B) of this paragraph. (4) Monies received by the district from the state as the allotment for career ladder salary supplements may not be used to supplement the salary of an employee for directing cocurricular or extracurricular activities. (5) The district must pay each teacher selected for a specific career ladder level the same amount of supplement for a particular career ladder level during that particular school year. (6) Districts may reduce the amount of the career ladder supplement on a pro rata basis utilizing the number of days of employment, not the date when the award is made, when the teacher is employed for fewer than 183 days. (7) Teachers employed for no less than half-time as defined in subsection (b) (5) of this section shall be paid no less than one-half of the designated salary supplement awarded by the local school district for that particular level for the specific school year or a proportionate amount consistent with the portion of the school day served.