Texas Administrative Code Title 19

Education: As effective August 6, 2010

Chapter 153

Subchapter AA

§153.1001: Duty-Free Lunch

(a) For the purposes of Texas Education Code, §21.405, a school district shall use the guidelines in this section to determine what constitutes a personnel shortage, extreme economic conditions, or an unavoidable or unforeseen circumstance.

(b) A personnel shortage exists when, despite reasonable efforts of a school district to use nonteaching personnel or the assistance of community volunteers to supervise students during lunch, there are no other personnel available.

(c) Extreme economic conditions exist when the percentage of a local tax increase, including any amounts necessary to implement this section, would place the district in jeopardy with respect to a potential tax roll-back election as provided in the Texas Property Tax Code, §26.08.

(d) Unavoidable or unforeseen circumstances exist when, due to illness, epidemic, or natural or man-made disaster, a school district is unable to find an individual to supervise students during lunch.

Comments

Source Note: The provisions of this §153.1001 adopted to be effective August 12, 1996, 21 TexReg 7263.

Subchapter BB

§153.1011: Beginning Teacher Induction and Mentoring Program

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Agency--Texas Education Agency.

(2) Beginning teacher--A classroom teacher who has less than two years of teaching experience in the subject or grade level to which the teacher is assigned.

(3) Beginning Teacher Induction and Mentoring Program--An annual grant program established in accordance with the Texas Education Code (TEC), §21.458, under which a school district may receive funds to establish a mentoring program at each eligible campus where a mentor teacher is assigned to each classroom teacher who has less than two years of teaching experience.

(4) Classroom teacher--An educator who is employed by a school district and who, not less than an average of four hours each day, teaches in an academic instructional setting or a career and technology instructional setting. The term does not include a teacher's aide or a full-time administrator.

(A) For a school district, a classroom teacher, as defined in this subsection, must hold an appropriate certificate issued by the State Board for Educator Certification and must meet the specifications regarding instructional duties defined in this paragraph.

(B) For a charter school, a classroom teacher is not required to be certified but must meet the qualifications of the employing charter school and the specifications regarding instructional duties defined in this paragraph.

(5) Commissioner--Commissioner of education.

(6) Mentor teacher--A classroom teacher in Texas who provides effective support to help beginning teachers successfully transition into the teaching assignment.

(7) School district--For the purposes of this section, the definition of school district includes open-enrollment charter school.

(8) School district board of trustees--For the purposes of this section, the definition of a school district board of trustees includes a charter holder board.

(b) Program implementation. A beginning teacher induction and mentoring program must be a research-based mentoring program that, through external evaluation, has demonstrated success in improving new teacher quality and teacher retention. Programs must be approved by the commissioner in a process to be determined by the Agency. Such a program must provide orientation and mentoring specifically tailored for beginning teachers that includes the following:

(1) a process for the recruitment of mentor teachers;

(2) a structured mentoring component based upon research in:

(A) teacher induction;

(B) beginning teacher development; and

(C) quality professional development;

(3) regular teacher observations and standards-based assessments;

(4) continuous support and ongoing professional development tailored to the needs of beginning teachers that includes:

(A) collecting and analyzing student performance data;

(B) classroom management; and

(C) pertinent topics related to pedagogy and student achievement;

(5) continuous support and ongoing professional development tailored to the needs of mentor teachers that includes topics listed in paragraph (4) of this subsection and scheduled release time in order for a mentor teacher to fulfill mentoring duties as described in this section; and

(6) training for administrators on implementing and supporting an induction and mentoring program.

(c) Qualifications of a mentor teacher. To serve as a mentor teacher, a teacher must:

(1) have a minimum of three years of teaching experience with a superior record of assisting students in achieving improvement in student performance;

(2) complete a research-based mentor and induction training program approved by the commissioner; and

(3) complete a mentor training program provided by the district.

(d) Assignment of a mentor teacher. Each school district may assign a mentor teacher to a beginning teacher.

(1) In order for a teacher to be assigned as a mentor teacher, in accordance with the TEC, §21.458, the teacher must:

(A) to the extent practicable, teach in the same school;

(B) to the extent practicable, teach the same subject or grade level, as applicable; and

(C) meet the qualifications specified in subsection (c) of this section.

(2) The organization may elect to use funds to employ retired teachers or other instructional personnel who meet the definition and qualifications of a mentor teacher described in this section.

(e) Duties of a mentor teacher. A mentor teacher must:

(1) participate in beginning teacher orientation;

(2) meet weekly with the beginning teacher;

(3) maintain documentation of mentor/beginning teacher activities;

(4) attend regularly scheduled campus mentor support meetings and trainings;

(5) provide support to new teachers in collecting and analyzing student data, classroom management, curriculum planning, and other activities related to pedagogy and improved student achievement;

(6) conduct observations and assessments of the beginning teacher; and

(7) complete all requirements of the school district's beginning teacher induction and mentoring program.

(f) Allocation and use of funds. In accordance with the TEC, §21.458, funds may only be used for the following:

(1) mentor teacher stipends;

(2) release time for mentor teachers and beginning teachers to meet regularly for conferencing, observations, networking sessions, shared professional development, and other mentoring activities; and

(3) mentoring support through providers of mentor training.

(g) Audit of funds. The Agency may audit, disallow, and recover grant funds. A decision to award, audit, disallow, or recover funds by the commissioner or commissioner's designee is final.

(h) Program review. School districts awarded grant funds must agree to submit all information requested by the Agency through periodic activity/progress reports. Reports will be due no later than 30 days after the close of the reporting period and must contain all requested information in the format prescribed by the commissioner. A final evaluation report must include:

(1) the total number of beginning teachers and mentor teachers who actually participated in the beginning teacher induction and mentoring program;

(2) the use of funds and activities conducted; and

(3) any other pertinent information deemed appropriate by the commissioner.

Comments

Source Note: The provisions of this §153.1011 adopted to be effective May 31, 2007, 32 TexReg 2859; amended to be effective June 7, 2010, 35 TexReg 4699

Subchapter CC

§153.1021: Recognition of Creditable Years of Service

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Accredited institution--A public or private elementary, secondary, or post-secondary institution whose education program has been evaluated and deemed accredited by a state department of education or recognized regional accrediting agency.

(2) Charter school--A charter school that has been authorized to operate under the Texas Education Code (TEC), Chapter 12, Subchapter D or E.

(3) Assignment--Refers to the actual duties a person has with a school district or other educational entity.

(4) Authorized leave--Leave granted under the state's former minimum sick leave program, leave granted under the state's current minimum personal leave program, (which includes physical assault leave), or any leave granted under a local leave policy for which the employee is paid as if on regular duty.

(5) Certificate--A document issued by the State Board for Educator Certification (SBEC) authorizing the holder to teach in the public elementary and secondary schools of Texas.

(6) Certified--Status of a person who holds a valid Texas teaching certificate.

(7) Contractual year--The employment period between July 1 and the following June 30.

(8) Current valid certificate--A certificate that is or was valid at a given time, including the stipulation that after June 30, 1986, a Texas certificate is valid only if the certified person has successfully passed any certification that was mandated by either the State Board of Education or the SBEC.

(9) Faculty status--Employment by a college or university as a member of the professional administrative or instructional staff, not as a graduate assistant, an assistant instructor, or an instructor on a fellowship.

(10) Full-time employment--Employment for 100% of an institution's normal work schedule.

(11) Full-time equivalency--The amount of time required of a staff member to perform a less than full-time assignment divided by the amount of time required in performing a corresponding full-time assignment. Full-time equivalency of assignment usually is expressed as a decimal fraction to the nearest tenth.

(12) Minimum salary--The minimum salary a classroom teacher, full-time librarian, full-time counselor, or full-time school nurse must be paid as prescribed in TEC, Chapter 21.

(13) Part-time employment--Employment for less than 100% of an institution's normal work schedule.

(14) Professional personnel--Teachers, full-time librarians, full-time counselors, full-time school nurses, other employees who are required to hold a certificate issued under TEC, Chapter 21, Subchapter B, and any other personnel reported by a school district to the Public Education Information Management System with a "professional" role-id.

(15) Regional accrediting agency--The recognized regional accrediting agencies are:

(A) Southern Association of Colleges and Schools;

(B) Middle States Association of Colleges and Schools;

(C) North Central Association of Colleges and Schools;

(D) New England Association of Schools and Colleges;

(E) Western Association of Schools and Colleges;

(F) Northwest Association of Schools and Colleges;

(G) Commission on International and Trans-regional Accreditation;

(H) International Baccalaureate Organization;

(I) European Council of International Schools/Council of International Schools; and

(J) National Council for Private School Accreditation.

(16) Salary increments--Increases in salary granted for teaching or work experience.

(17) School nurse--An educator employed to provide full-time nursing and health care services and who meets all the requirements to practice as a registered nurse (RN) pursuant to the Nursing Practice Act and the rules and regulations relating to professional nurse education, licensure, and practice, and who has been issued a license to practice professional nursing in Texas.

(18) Speech pathologist--An educator employed to provide full-time speech pathology services and who meets all the requirements to practice as a speech pathologist pursuant to the rules and regulations relating to professional speech pathology education, licensure, and practice and has been issued a license to practice professional speech pathology in Texas. This definition encompasses all speech pathologists that have been licensed by the Texas Education Agency, ending August 31, 1996, and by the Health and Human Services Commission, beginning September 1, 1996. This paragraph expires September 1, 2011.

(19) Service--A term of employment measured in school years in an entity in which the employment is recognized for salary increment purposes.

(20) State school--A school that is funded by legislative action in the appropriations act. These schools include the Texas School for the Blind, the Texas School for the Deaf, and schools under the jurisdiction of the Texas Department of State Health Services (formerly the Texas Department of Mental Health and Mental Retardation) and the Texas Youth Commission.

(21) Substitute teacher--A certified teacher who works on call, does not have a full-time assignment, and provides instruction.

(22) Teacher service record--The official document used to record years of service and days used and accumulated under the state's former minimum sick leave program or the state's current personal leave program.

(b) Required documentation. The following records on professional personnel must be readily available for review.

(1) credentials (certificate or license);

(2) service record(s) and any required attachments;

(3) contract;

(4) teaching schedule or other assignment record; and

(5) absence from duty reports.

(c) Credentials for professional personnel. The credentials for professional personnel are as follows.

(1) A current valid Texas certificate, a special assignment permit, a nonrenewable permit, a non-certified instructor's permit, an emergency teaching permit, or the appropriate licensure from the State of Texas.

(2) For special education related service teachers, the credential must be appropriate licensure from the State of Texas.

(3) For those special education related service personnel who do not require Texas certification or licensure, proper credentials as described in §89.1131 of this title (relating to Qualifications of Special Education, Related Service, and Paraprofessional Personnel) are required.

(d) Teacher service record. The basic document in support of the number of years of professional service claimed for salary increment purposes and both the state's sick and personal leave program data for all personnel is the teacher service record (form FIN-115) or a similar form containing the same information. It is the responsibility of the issuing school district or charter school to ensure that service records are true and correct and that all service recorded on the service record was actually performed.

(1) The service record must be validated by a person designated by the school district or charter school to sign service records.

(2) Supporting documents are required for service in out-of-state private schools, foreign public and private institutions, the military, and colleges and universities. The type of supporting documentation for each particular entity is prescribed by subsection (h) of this section.

(3) If a person is employed by more than one school district or charter school during the same school year, a service record from each employing district or charter school is required.

(4) For personnel employed in a year-round school system, the actual dates of employment during that school's calendar must be indicated on the service record. The dates may not necessarily conform to the contractual year as defined by subsection (a) of this section.

(5) The service record shall be kept on file at the school district or charter school. When employment with the district or charter school is terminated, the original service record, signed by the employee shall be given to the employee upon request or sent to the next employing school district or charter school. The local school district or charter school must maintain a legible copy for audit purposes.

(6) Cooperative personnel employed by a fiscal agent/manager and itinerant personnel of a cooperative shall be considered to be employees of the fiscal agent/manager and the service record shall be the fiscal agent/manager's responsibility. Personnel employed by a member of a cooperative and assigned to the member are employees of the member and the service record shall be the member's responsibility.

(7) Work experience claimed by career and technology education personnel for salary increment purposes as prescribed by subsection (i) of this section must be recorded on a service record.

(8) State sick leave balances, days earned, and days used by personnel under the former state's minimum sick leave program and the state's current personal leave program must be recorded on the service record or another similar form containing the same information. State sick leave and state personal leave accumulated in Texas public elementary and secondary schools are transferable among these schools. State personal leave accrued by an employee of a Texas regional education service center, not to exceed five days per each year of employment, is transferable to a Texas public elementary and secondary school. State sick leave and state personal leave accrued by an employee of Harris County Department of Education and Dallas County Schools are transferable to Texas public elementary and secondary schools in accordance with the TEC, §22.003(a). Local leave accrued under the policy of any entity recognized for creditable service under subsection (g) of this section may be transferred to a Texas public elementary or secondary school at the discretion of the employing school district. The service record shall separately state the number of accumulated state days for which the employee is paid, if any, upon separation from the employing district.

(9) State days used to purchase additional years of service from the Teacher Retirement System of Texas (TRS) for retirement purposes must be deducted from the balance reflected on the service record.

(10) The issuing school district or charter school must submit the service record to the Texas Education Agency upon request.

(e) General provisions for years of creditable service. All service claimed for salary increment purposes must meet the requirements in subsections (f)-(h) of this section. The service record and any other required supporting documents must meet the requirements for such records and documentation in this section. All service shall be based on the contractual year (July 1-June 30). No more than one year of experience may be acquired in any one contractual year.

(f) Minimum requirements. The table in this subsection indicates the minimum number of days required to earn and receive credit for a year of experience.

Attached Graphic

(1) For service performed through the 1989-1990 school year, minimum days at less than 100% or at full-time equivalency are applicable only to service in Texas public schools, Texas education service centers, and, beginning in 1978-1979, Texas public colleges and universities.

(2) Beginning with service performed during the 1990-1991 school year or any year thereafter, employment at less than 100% of the day is recognized in all entities where full-time employment is recognized, provided that documentation is presented to the employing district which verifies that the employment was for not less than three and one-half hours each day.

(3) The 90 days required at 100% of the day for years prior to 1972-1973 may be equivalent to four and one-half months, a full semester, or three six-weeks. Where the school year was less than 180 days for any year prior to 1972-1973, a minimum of 175 days at 50-99% of the day will be accepted, provided that the 175 days constituted two full semesters or six six-weeks.

(4) For experience from the 1978-1979 through the 1987-1988 school years, full-time equivalent days equal the total number of days employed at 100% of the day plus days employed at 50-99% of the day divided by two.

(5) Beginning with the 1988-1989 school year, full-time equivalent days equal the total number of days employed multiplied by the percent of day actually worked.

(6) Beginning with the 1998-1999 school year, the 90 days required at 100% of the day may be equivalent to four and one-half months or a full semester. The 180 days required at 50-99% of the day may be equivalent to 90 full-time equivalent days (percent of day employed multiplied by number of days employed).

(7) Extended day migrant program employment shall be calculated in accordance with this section and the resulting equivalent must meet the same minimum requirements for professionals for the year in question.

(A) For service prior to the 1970-1971 school year, the days employed in the migrant program shall be multiplied by a factor of 1.37.

(B) For service during the 1970-1971 through the 1975-1976 school years, the days employed in the migrant program shall be multiplied by a factor of 1.31.

(g) Entities recognized for years of service. Service in any of the entities listed in this subsection shall be recognized for professional personnel. The minimum employment requirements in subsection (f) of this section must be met. Requirements concerning service in each type of entity in subsection (h) of this section must also be met. Professional service in the following entities is creditable:

(1) Texas public elementary and secondary schools, including charter schools;

(2) State regional education service centers;

(3) State departments of education;

(4) Texas Department of Corrections--Windham Schools;

(5) Public elementary and secondary schools in all other states in the United States or within the boundaries of any of its territorial possessions;

(6) Overseas schools operated by the U.S. Government;

(7) Texas public or private colleges or universities;

(8) Texas private elementary and secondary schools;

(9) Texas non-public special education contract schools;

(10) Texas Department of State Health Services (formerly the Texas Department of Mental Health and Mental Retardation)--state hospitals and state schools;

(11) Texas veterans' vocational schools;

(12) Public or private colleges or universities and private elementary and secondary schools in all other states in the United States or within the boundaries of any of its territorial possessions;

(13) Foreign public or private colleges or universities, or elementary and secondary schools;

(14) U.S. Department of Interior--Bureau of Indian Affairs;

(15) U.S. service academies;

(16) U.S. military service;

(17) Job Corps; and

(18) Peace Corps (in a professional capacity only).

(h) Requirements. Requirements for entities recognized for professional personnel are as follows:

(1) Texas public elementary and secondary schools, including charter schools.

(A) Requirements specific to Texas public elementary and secondary schools.

(i) All professional personnel must be certified by the State of Texas, must hold the proper state or national licensure as required by the position held, or must have the educational requirements for the job assigned. Regardless of the funding source, classroom teachers, full-time librarians, full-time counselors, and full-time school nurses must be paid at least the minimum salary specified in the Texas State Public Education Compensation Plan.

(ii) Professional personnel placed on developmental leaves of absence must be paid at least one-half of their state minimum salary by the school district to receive service credit for increment purposes.

(iii) Instructors in Reserve Officer Training Corps (ROTC) programs conducted by local school districts must be certified or hold an emergency teaching permit and must be paid at least the state minimum salary to receive service credit for increment purposes. An emergency teaching permit need not be renewed as long as the person continues in the ROTC assignment.

(B) Requirements specific to charter schools.

(i) Employment must have been in a professional capacity as defined by subsection (a) of this section.

(ii) Texas charter schools are not required to hire certified teachers other than those in special education and bilingual education, or as stated in the charter application.

(2) State regional education service centers.

(A) Personnel employed in cooperatives for which the education service center is acting as fiscal agency must meet the same requirements as personnel employed in Texas public elementary and secondary schools.

(B) All other personnel must meet the same requirements as personnel employed in state departments of education.

(3) State departments of education. Employment must have been in a professional capacity. For Texas department of education employment, professional positions are defined as personnel employed in positions starting in state pay grade classification B4/A12 and above.

(4) Texas Department of Corrections--Windham schools. Requirements in this subsection shall apply.

(5) Public elementary and secondary schools in all other states of the United States or within the boundaries of any of its territorial possessions. Employment prior to 1990-1991 must have been on a full-time basis.

(6) Overseas schools operated by the U.S. government. Schools operated by the United States Government for military dependents and dependents of personnel assigned to an embassy, consulate, etc., are treated as public schools in other states of the U.S. and policies pertaining to public schools in other states apply.

(7) Texas public or private colleges or universities.

(A) For private colleges and universities, accreditation by the Southern Association of Colleges and Schools is required.

(B) Officer Training Corps programs conducted by accredited colleges or universities must have been employed full-time on a faculty status level. Beginning in 1998-1999, service as an instructor in an agricultural extension service operated by an accredited college or university may be recognized for salary increment purposes as long as the person held a valid Texas teaching certificate at the time the service was rendered.

(C) All college or university experience must be recorded on the teacher service record. A supporting letter or form must be attached to the teacher service record verifying that either the full-time or part-time employment was at faculty status or its equivalent and that the schedule of work and the pay constituted that of other similar faculty employees. It is the responsibility of the employing school district to secure verification of college or university experience.

(8) Texas private elementary and secondary schools.

(A) For experience prior to the 1986-1987 school year, accreditation by the Texas Education Agency or the Southern Association of Colleges and Schools is required.

(B) For experience in the 1986-1987, 1987-1988, and 1988-1989 school years, service shall be acceptable if the school was accredited by the Texas Education Agency, or a recognized regional accrediting agency.

(C) For experience in the 1989-1990 school year and thereafter, service shall be acceptable if the school was accredited by the Texas Private School Accreditation Commission.

(D) During the 1986-1987, 1987-1988, and 1988-1989 school years, private schools accredited by the Texas Education Agency, a recognized regional accrediting agency, or an association recognized by the commissioner of education will be listed in the Texas School Directory.

(E) Beginning with the 1989-1990 school year and thereafter, private schools accredited by the Texas Private School Accreditation Commission will be listed in the Texas School Directory.

(F) Beginning with the 2004-2005 school year and thereafter, private schools accredited by the Texas Private School Accreditation Commission will be listed on the Texas Education Agency website.

(9) Non-public special education contract schools.

(A) Approval from the Texas Education Agency to provide special education services during the year service was rendered is required. A list of approved schools is maintained by the Texas Education Agency and posted on the agency's school finance website.

(B) The person must have been certified in an area of special education.

(10) Texas Department of State Health Services (formerly the Texas Department of Mental Health and Mental Retardation) state hospitals and state schools.

(A) The assignment must have been in an educational program operated in conjunction with a public school program or in a non-educational professional capacity.

(B) Persons employed in an educational program must have held a valid Texas teaching certificate and must have been paid at least the state minimum salary of a teacher in a Texas public school.

(11) Texas veteran's vocational school.

(A) The assignment must have been as an instructor or coordinator.

(B) Service during the period of July 1, 1946, through June 30, 1955, must have been at a school under the jurisdiction of the Texas Education Agency (this service can be verified by the agency).

(C) Service after June 30, 1955, must have been at a veteran's vocational school operated by a Texas county board of school trustees under the jurisdiction of the Veterans Administration.

(12) Public or private colleges and universities, and private elementary and secondary schools in all other states in the United States or within the boundaries of any of its territorial possessions.

(A) Employment must have been, and in the case of colleges and universities, must be verified in the same manner as for Texas colleges or universities.

(B) Accreditation by a recognized state or regional accrediting agency listed in subsection (a)(15) of this section is required. In states or territories that have no provisions for accrediting, licensing, or approving private elementary or secondary schools, service shall be acceptable provided the person held, while employed, a valid teaching certificate from the state in which the school is located or a valid Texas teaching certificate.

(C) It is the responsibility of the employing school district or charter school to have evidence on file of the accreditation status of private schools in other states.

(13) Foreign public or private elementary and secondary schools, colleges, and universities.

(A) Employment in colleges or universities must be verified in the same manner as for Texas colleges or universities.

(B) For foreign public schools, colleges, and universities, accreditation by a recognized agency of the foreign country or by a recognized accrediting agency in the United States is required.

(C) For foreign private schools, colleges, and universities, accreditation must be by a recognized regional accrediting agency listed in subsection (a)(15) of this section, unless the requirements in subparagraph (E) of this paragraph are met.

(D) The accreditation status must be verified in the same manner as for public or private schools in the United States.

(E) Experience from foreign private schools, colleges, and universities that have been accredited by a recognized accrediting agency of the foreign country may be recognized for salary increment purposes, provided the minimum requirements in subsection (f) of this section are met. All relevant and credible information concerning accreditation must be provided to the Texas Education Agency. The recognized accrediting entity in the foreign country is the Department of Education or the Higher Education Authority of that foreign country. It is the responsibility of the foreign country to provide such relevant, credible, and accurate information before any credit is given. Such experience will be considered on an individual country basis. The placement on the minimum salary schedule will begin with the following contractual year (July 1-June 30) after the final approval is granted by the Texas Education Agency. The district or charter school is not liable for any previously non-compensated salary related to such experience.

(14) United States Department of the Interior--Bureau of Indian Affairs. Service must have been full-time.

(15) United States service academies.

(A) Employment must have been at a faculty status level and must be verified in the same manner as other college or university service.

(B) The service academies are as follows:

(i) Air Force Academy, Colorado Springs, Colorado;

(ii) Coast Guard Academy, New London, Connecticut;

(iii) Military Academy, West Point, New York;

(iv) Naval Academy, Annapolis, Maryland; and

(v) Merchant Marine Academy, Kings Point, New York.

(16) United States military service. Service with the military forces of the United States of America may be counted for salary increment purposes if the following conditions are met:

(A) The person was a professional employee of any entity recognized for creditable service for salary increment purposes within twelve months of entry into active duty.

(B) Form DD-214 or other official discharge papers must be filed with the teacher service record showing:

(i) that military service was in the capacity of an enlisted man or woman or commissioned officer;

(ii) that release or separation from active duty was under honorable conditions; and

(iii) dates of entry and release from active duty.

(C) The person claiming military service was on active duty during the periods September 1, 1940, through August 31, 1947, or September 1, 1950, through August 31, 1954, or for other periods if:

(i) the military service was a result of involuntary induction into active duty; or

(ii) the military service was a result of voluntary entry into active duty for the first time for the individual, and such initial period of voluntary military service claimed as years of service for teacher salary increments does not exceed four years.

(D) Beginning with the 1983-1984 school year, for purposes of determining the total years of military experience creditable for increment purposes, a year shall be considered to begin on July 1 and end June 30. During this period, four and one-half months of service must be acquired for an individual to be entitled to one year of experience. Only one year of experience may be earned during any 12-month period. Prior to the 1983-1984 school year, credit for military service was calculated based on the 12-month period from September 1-August 31. Credit granted on that basis shall continue to be effective.

(E) The requirement in subparagraph (A) of this paragraph must be met before any credit is given.

(17) Job Corps. The person must have held a valid teaching certificate or appropriate license that would qualify for service credit during the period of employment.

(18) Peace Corps.

(A) Employment must have been with a school system (Grades K-12) in a foreign country.

(B) The person must have held a valid teaching certificate or appropriate license that would qualify for service credit from any state in the United States during the period of employment.

(i) Credit for career and technology teachers. In accordance with TEC, §21.403, effective with the 1982-1983 school year, certified career and technology education teachers employed for at least 50% of the time in an approved career and technology position may count up to two years of work experience for salary increment purposes if the work experience was required for career and technology certification.

(1) For purposes of this section, an emergency teaching permit shall be the equivalent of a teaching certificate.

(2) Once credit for work experience has been granted, the credit shall be continued regardless of the position held. For personnel granted credit under this section whose employment is split between career and technology and non-career and technology positions, the years granted shall apply to both the career and technology and the non-career and technology positions.

(j) Adult basic education program credit. A person teaching adult basic education is eligible for creditable service if the program was operated by a public school and the person held a valid teaching certificate.

(k) Substitute teachers. Beginning with the 1998-1999 school year, a substitute teacher, as defined in subsection (a) of this section, employed in an entity recognized for years of service as prescribed by subsection (g) of this section is eligible for creditable service.

(l) Salary schedule. The commissioner of education shall publish annually the state minimum salary schedule.

(m) Teacher aides. Beginning with the 2004-2005 contractual year, a teacher aide who subsequently attains certification may count up to two years of full-time equivalency of direct student instruction for salary increment purposes. Such experience must be verified on the teacher service record form (FIN-115) or a similar form containing the same information.

§153.1022: Minimum Salary Schedule for Certain Professional Staff

(a) Definitions and eligibility. The following definitions and eligibility criteria apply to the increases in the minimum salary schedule in accordance with Texas Education Code (TEC), Chapter 21.

(1) The staff positions that qualify for the salary increase include classroom teachers and full-time librarians, counselors, and nurses employed by public school districts and who are entitled to a minimum salary under TEC, §21.402.

(A) A classroom teacher is an educator who teaches an average of at least four hours per day in an academic or career and technology instructional setting pursuant to TEC, §5.001, focusing on the delivery of the Texas essential knowledge and skills and holds the relevant certificate issued by the State Board for Educator Certification (SBEC) under the provisions of TEC, Chapter 21, Subchapter B. Although non-instructional duties do not qualify as teaching, necessary functions related to the educator's instructional assignment such as instructional planning and transition between instructional periods should be applied to creditable classroom time.

(B) A school librarian is an educator who provides full-time library services and holds the relevant certificate issued by the SBEC under the provisions of TEC, Chapter 21, Subchapter B.

(C) A school counselor is an educator who provides full-time counseling and guidance services under the provisions of TEC, Chapter 33, Subchapter A, and holds the relevant certificate issued by the SBEC pursuant to the provisions of TEC, Chapter 21, Subchapter B.

(D) A school nurse is an educator employed to provide full-time nursing and health care services and who meets all the requirements to practice as a registered nurse (RN) pursuant to the Nursing Practice Act and the rules and regulations relating to professional nurse education, licensure, and practice and has been issued a license to practice professional nursing in Texas.

(2) An eligible educator who is employed by more than one district in a shared service arrangement or by a single district in more than one capacity among any of the eligible positions qualifies for the salary increase as long as the combined functions constitute full-time employment.

(3) Full-time means contracted employment for at least ten months (187 days) for 100% of the school day in accordance with definitions of school day in TEC, §25.082, employment contract in TEC, §21.002, and school year in TEC, §25.081.

(4) A local supplement is any amount of pay above the state minimum salary schedule for duties that are part of a teacher's classroom instructional assignment.

(5) Current placement on the salary schedule means a placement based on years of service recognized for salary increment purposes up to the current year.

(6) Salary schedule means a system of providing routine salary increases based upon an employee's total teaching experience and/or an employee's longevity in a school district.

(b) Base monthly salary for the 2006 - 2007 school year. The base monthly salary is the monthly salary the employee would have received for the 2006 - 2007 school year under the district's salary schedule for the 2005 - 2006 school year, if that schedule had been in effect for the 2006 - 2007 school year, including any local supplement and any money representing a career ladder supplement the employee would have received in the 2006 - 2007 school year, and $250 per month.

(1) An educator eligible for the salary increase is entitled to a minimum salary in the 2006 - 2007 school year equal to the greater of the salary corresponding to their current placement on the state salary schedule pursuant to TEC, §21.402(a), or the salary corresponding to their current placement on the employing district's 2006 - 2007 salary schedule, plus $250 per month. If employed by the same district, the minimum must include any local and career ladder supplements the employee would have received in 2006 - 2007.

(2) Eligible counselors, nurses, and librarians are entitled to a minimum salary in the 2006 - 2007 school year equal to the greater of the salary corresponding to their current placement on the state salary schedule pursuant to TEC, §21.402(a), or the salary corresponding to their current placement on the employing district's 2006 - 2007 salary schedule, plus $250 per month. These educators are placed on the state schedule according to the same criteria that applies to teachers and librarians pursuant to §153.1021 of this title (relating to Recognition of Creditable Years of Service).

(3) A beginning teacher who has not previously been on the state salary schedule is entitled to any local supplement that would have been offered to a beginning teacher on the employing district's 2006 - 2007 salary schedule.

(4) Educators who are eligible for the salary increase and who are employed for more than ten months are entitled to an additional $250 in increased pay for each full month of additional service.

(5) Teachers who are eligible for the salary increase but who are not employed full-time (work either less than 100% of the day or for a portion of the year) are entitled to a proportionate pay increase. For teachers working less than 100% of the day, the increase is proportionate to the percent of the day employed. For teachers employed less than a full year, the increase is valid only for the months employed.

(6) Nurses, librarians, and counselors who are employed for less than a full school year or who are placed in an eligible assignment for less than a full school year are entitled to a pay increase in proportion to the months employed in which they are eligible.

(c) Determination of "FS." "FS" is the amount, as determined by the commissioner under TEC, §21.402(b), of state and local funds per weighted student, including funds provided under TEC, §42.2516(b)(1)(B), but not funds provided under TEC, §42.2516(b)(1)(A), (b)(1)(C), (b)(2), or (b)(3), available to a district eligible to receive state assistance under TEC, §42.302, with a maintenance and operations tax rate per $100 of taxable value equal to the product of the state compression percentage, as determined under TEC, §42.2516, multiplied by $1.50, except that the amount of state and local funds per weighted student does not include the amount attributable to the increase in the guaranteed level made by Chapter 1187, 77th Texas Legislature, 2001.

(d) Monthly minimum salary rates. The minimum monthly salary rates applicable for the 2006 - 2007 school year, in accordance with this section and TEC, §21.402, shall be as set forth in the table in this subsection.

Attached Graphic

Comments

Source Note: The provisions of this §153.1022 adopted to be effective January 2, 2000, 24 TexReg 11753; amended to be effective February 22, 2004, 29 TexReg 1362; amended to be effective January 31, 2006, 31 TexReg 492; amended to be effective February 25, 2007, 32 TexReg 625

Subchapter DD

§153.1101: Definitions

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

(1) Clearinghouse--The criminal history clearinghouse established by the Texas Department of Public Safety (DPS) pursuant to the Texas Government Code, §411.0845.

(2) Continuing duties related to contracted services--Work duties that are performed pursuant to a contract to provide services to a school entity on a regular, repeated basis rather than infrequently or one-time only.

(3) Covered contract employee--An individual who:

(A) is employed or offered employment by a service contractor or a subcontractor of a service contractor, is an individual independent contractor of the school entity, or is an individual subcontractor of a service contractor;

(B) has or will have continuing duties related to the contracted services;

(C) has or will have direct contact with students; and

(D) is not a student of (or enrolled in) the school entity for which the services are performed.

(4) Criminal history record information--In accordance with the Texas Government Code, §411.082(2), information collected about a person by the DPS, a law enforcement or a criminal justice agency, or a private entity governed by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.) that consists of identifiable descriptions and notations of arrests, detentions, indictments, informations, and other formal criminal charges and their dispositions.

(5) Date of employment--For purposes of the Texas Education Code (TEC), §22.0834, the date of employment by an entity that contracts with a school entity shall be deemed to be:

(A) with respect to an individual independent contractor, the date of the contract or agreement to provide services to the school entity;

(B) with respect to a covered contract employee of a service contractor, the date the employee began providing services to the contractor for compensation; and

(C) with respect to an employee or independent contractor of a subcontractor of a service contractor, the later of the date the service contractor secures the services of the subcontractor and the date the subcontractor secures the services of the employee or independent contractor.

(6) Date of securing services--For purposes of the TEC, §22.0834, the date of securing the services of a covered contract employee or a subcontractor by an entity that contracts with a school entity shall be deemed to be the date the employee or subcontractor accepts an offer from the service contractor for a specific job position or for the performance of a specific project that is to begin on a date that is certain or reasonably ascertainable.

(7) Direct contact with students--The contact that results from activities that provide substantial opportunity for verbal or physical interaction with students that is not supervised by a certified educator or other professional district employee. Contact with students that results from services that do not provide substantial opportunity for unsupervised interaction with a student or students, such as addressing an assembly, officiating a sports contest, or judging an extracurricular event, is not, by itself, direct contact with students. However, direct contact with students does result from any activity that provides substantial opportunity for unsupervised contact with students, which might include, without limitation, the provision of coaching, tutoring, or other services to students.

(8) National criminal history record information--In accordance with the TEC, §22.081, criminal history record information obtained from both the DPS and the Federal Bureau of Investigation based on fingerprint identification information.

(9) School entity--A Texas school district, an open-enrollment charter school, or a shared services arrangement.

(10) Service contractor--An entity, including a government entity and an individual independent contractor, that contracts or agrees with a school entity by written agreement or verbal understanding to provide services through individuals who receive compensation. However, when conducting an investigation or intervention regarding an alleged crime or act of child abuse on a school campus, a law enforcement agency or the Department of Family and Protective Services is not a service contractor, and the investigator or intervener is not a covered contract employee.

(11) Substitute teacher--A teacher who is on call or on a list of approved substitutes to replace a regular teacher and has no regular or guaranteed hours. A substitute teacher may be certified or noncertified.

Comments

Source Note: The provisions of this §153.1101 adopted to be effective December 30, 2007, 32 TexReg 9626; amended to be effective November 20, 2008, 33 TexReg 9233

§153.1103: Purpose; Required Assistance

(a) This subchapter provides rules for the implementation of the criminal history record information review of school entity employees required by the Texas Education Code, Chapter 22, Subchapter C, as amended by Senate Bill 9, 80th Texas Legislature, 2007.

(b) All school entities, private schools, and regional education service centers shall assist the Texas Education Agency in the collection of criminal history record information to facilitate this review.

Comments

Source Note: The provisions of this §153.1103 adopted to be effective December 30, 2007, 32 TexReg 9626

§153.1105: Criminal History Record Information Review of Persons for Whom a National Criminal History Record Information Review is Not Required

(a) A school district or an open-enrollment charter school shall obtain criminal history record information, as provided by the Texas Education Code (TEC), §22.083, on all employees who are not subject to a national criminal history record information review. Persons subject only to a criminal history record information review include, but are not limited to, noncertified administrative support personnel, school bus drivers, and custodial staff hired before January 1, 2008, and charter school employees not working in a position described in the TEC, §12.1059. As defined in §153.1101 of this title (relating to Definitions), the criminal history record information does not include fingerprint identification information.

(b) A shared services arrangement:

(1) shall obtain criminal history record information on all employees whose duties are performed on school property or at another location where students are regularly present; and

(2) may obtain the same information on all other employees.

(c) A regional education service center or a private school may obtain criminal history record information on:

(1) any of its employees or applicants for employment; and

(2) an employee or applicant for employment of a person or entity that contracts with the service center or private school if:

(A) the employee or applicant has or will have continuing duties related to the contracted services; and

(B) the employee or applicant has or will have direct contact with students.

Comments

Source Note: The provisions of this §153.1105 adopted to be effective December 30, 2007, 32 TexReg 9626

§153.1107: Failure to Disclose Criminal Convictions

An employee of a school entity, private school, or regional education service center may be discharged pursuant to the Texas Education Code, §22.085(d), if the employee fails to disclose information of the employee's conviction of a felony or a misdemeanor involving moral turpitude to the State Board for Educator Certification or to the school entity, private school, or regional education service center.

Comments

Source Note: The provisions of this §153.1107 adopted to be effective December 30, 2007, 32 TexReg 9626

§153.1109: Noncertified Employees

(a) National criminal history record information review.

(1) This section applies to a person described in the Texas Education Code (TEC), §22.0833, that is, any person who is not a holder of or applicant for Texas educator certification under the TEC, Chapter 21, Subchapter B, and who, after January 1, 2008, is offered employment by a school district or an open-enrollment charter school.

(2) This section also applies to such a person who is offered employment by a shared services arrangement, if the employee's or applicant's duties are or will be performed on school property or at another location where students are regularly present.

(3) Before being employed by a school entity, every person to whom this section applies shall submit fingerprint, photograph, and identification information to the Texas Department of Public Safety (DPS) as required by this section. All information shall be submitted in the form the DPS requires for the purpose of being included in the Clearinghouse.

(b) Submission of required information.

(1) In order that an applicant subject to national criminal history review may submit the required information, the school entity that intends to employ the applicant shall certify the pending employment to the Texas Education Agency (TEA). The TEA shall electronically provide the applicant or the school entity an authorization for submission of fingerprint, photograph, and identification information to the DPS in the form the DPS requires.

(2) Only fingerprint, photograph, and identification information that has been properly authorized by the TEA will be accepted by the DPS and included in the Clearinghouse as required by the TEC, §22.0833.

(c) Fees.

(1) The TEA's fee for review of national criminal history record information shall be the same as that required by the State Board for Educator Certification for such a review and may be collected by any entity authorized to obtain the information necessary for the review, which shall then remit TEA's portion of the fee to the TEA.

(2) A school entity may require an applicant for employment to pay all fees related to obtaining and reviewing the national criminal history record information required by this section.

(d) Employment pending review.

(1) A school entity shall ensure that a person subject to the TEC, §22.0833, submits the required information before that person's employment begins.

(2) After the required information is submitted, the person may begin employment, but that employment is conditional upon the review of that person's criminal history record information by the TEA pursuant to the TEC, §22.0833, and must be terminated if the TEA makes a determination that the employee or applicant is ineligible for employment under the terms of the TEC, §22.085.

(3) In the event that the school entity withdraws its offer of employment or terminates the employee under review, the school entity shall immediately notify the TEA, and no final determination of employability will be made.

(e) Notice of proposed determination of ineligibility for employment.

(1) The TEA shall notify the employee or applicant by certified mail, return receipt requested, if, based on its criminal history record information review, the TEA proposes to make a determination that an employee or applicant for employment is ineligible for employment under the terms of the TEC, §22.085.

(2) The notice shall specify the basis for the proposed determination, including, but not limited to, a description of the criminal charges or convictions involved.

(3) The notice shall state that the determination will be made unless the employee or applicant submits a written response to the TEA, which may include supporting documents or affidavits, within 15 calendar days from the date the notice was mailed, and such response demonstrates to the satisfaction of the TEA that the employee or applicant is eligible for employment under the terms of the TEC, §22.085.

(4) After review of such response, if any, the TEA shall notify the employee or applicant by certified mail, return receipt requested, of its determination and shall notify the school entity by e-mail.

(f) Other school entity obligations.

(1) A school entity shall discharge or refuse to hire an employee or applicant if the school entity obtains information through a criminal history record information review or by notification from the TEA pursuant to the TEC, §22.0833(g), that an employee or applicant for employment has been convicted of an offense covered by the TEC, §22.085.

(2) Pursuant to the TEC, §22.085(e), sanctions may be imposed on the certificate of a certified educator who fails to discharge an employee or fails to refuse to hire an applicant, if the educator knows or should have known that the employee or applicant has been convicted of an offense described in the TEC, §22.085(a).

(3) Each school year the superintendent or chief operating officer of a school entity shall certify to the TEA that the school entity has complied with the TEC, §22.085.

(4) The school entity shall cooperate with the TEA and DPS and its contractors to facilitate the submission of the required information, including assisting in the distribution of notices and authorization forms, if requested to do so by the TEA.

(g) Appeal of the TEA determination. An employee or applicant for employment may appeal the TEA determination that he or she is not eligible for employment pursuant to the TEC, §22.085, according to the procedures described in §153.1115 of this title (relating to Appeal of the TEA Determination), but the employee or applicant is not eligible for employment by a school entity unless the TEA determination is reversed by a final administrative order.

Comments

Source Note: The provisions of this §153.1109 adopted to be effective December 30, 2007, 32 TexReg 9626

§153.1111: Substitute Teachers

(a) National criminal history record information review.

(1) This section applies to a person described in the Texas Education Code (TEC), §22.0836, that is, a person who is a substitute teacher for a school entity or who is an applicant for a substitute teaching position.

(2) Every person to whom this section applies, and who has not previously done so, shall submit fingerprint, photograph, and identification information to the Texas Department of Public Safety (DPS) as required by this section. All information shall be submitted in the form the DPS requires for the purpose of being included in the Clearinghouse.

(b) Submission of required information.

(1) Upon notice from the Texas Education Agency (TEA), a school entity shall provide the TEA with the names, mailing addresses, and any other requested identifying information for all substitute teachers authorized to be employed by the school entity at that time.

(2) The school entity shall ensure that each such person shall obtain electronically from the TEA an authorization for submission of fingerprint, photograph, and identification information to the DPS in the form the DPS requires.

(3) The TEA shall notify the school entity and its substitute teachers of the schedule and deadline for the submission of all such information by substitute teachers employed by the school entity.

(4) This notice of the schedule and deadline shall specify the date, which shall be at least 80 calendar days from the date the notice is mailed, that the substitute teacher's national criminal history record information must be received by the TEA as required by this section and the TEC, §22.0836.

(5) A person who has not submitted the required information by the date specified in the notice shall not be eligible to serve as a substitute teacher for any school entity.

(6) Only fingerprint, photograph, and identification information that has been properly authorized by the TEA will be accepted by the DPS and included in the Clearinghouse as required by the TEC, §22.0836.

(c) Fees.

(1) The TEA's fee for review of national criminal history record information shall be the same as that required by the State Board for Educator Certification for such a review and may be collected by any entity authorized to obtain the information necessary for the review, which shall then remit the TEA's portion of the fee to the TEA.

(2) A school entity may require a substitute teacher to pay all fees related to obtaining and reviewing the national criminal history record information required by this section.

(d) Employment pending review.

(1) A school entity shall ensure that a person subject to the TEC, §22.0836, submits the required information before that person's employment begins.

(2) After the required information is submitted, the person may begin employment, but that employment is conditional upon the review of that person's criminal history record information by the TEA pursuant to the TEC, §22.0836, and must be terminated if the TEA makes a determination that the employee or applicant is ineligible for employment under the terms of the TEC, §22.085.

(3) In the event that the school entity withdraws its offer of employment or terminates the employee under review, the school entity shall immediately notify the TEA, and no final determination of employability will be made.

(e) Notice of proposed determination of ineligibility for employment.

(1) The TEA shall notify the substitute teacher by certified mail, return receipt requested, if, based on its criminal history record information review and/or its review of the substitute teacher's certification status, if any, the TEA proposes to make a determination that the substitute teacher is ineligible for such employment under the terms of the TEC, §22.0836 and §22.085.

(2) The notice shall specify the basis for the proposed determination, including, but not limited to, a description of the criminal charges or convictions involved and/or the educator certification status, if any, related to the determination.

(3) The notice shall state that the determination will be made unless the substitute teacher submits a written response to the TEA, which may include supporting documents or affidavits, within 15 calendar days from the date the notice was mailed, and such response demonstrates to the satisfaction of the TEA that the substitute teacher is eligible for employment as a substitute teacher under the terms of the TEC, §22.0836 and §22.085.

(4) After review of such response, if any, the TEA shall notify the substitute teacher by certified mail, return receipt requested, of its determination and shall notify the substitute teacher's school entity by e-mail.

(f) Other school entity obligations.

(1) A school entity shall discharge or refuse to hire an employee or applicant if the school entity obtains information through a criminal history record information review or by notification from the TEA pursuant to the TEC, §22.0836, that an employee or applicant for employment has been convicted of an offense covered by the TEC, §22.085, or that an employee or applicant is a certified educator whose certificate is currently revoked or suspended.

(2) Pursuant to the TEC, §22.085(e), sanctions may be imposed on the certificate of a certified educator who fails to discharge an employee or fails to refuse to hire an applicant, if the educator knows or should have known that the employee or applicant has been convicted of an offense described in the TEC, §22.085(a).

(3) Each school year the superintendent or chief operating officer of a school entity shall certify to the TEA that the school entity has complied with the TEC, §22.085.

(4) The school entity shall cooperate with the TEA and the DPS and its contractors to facilitate the submission of the required information, including assisting in the distribution of notices and authorization forms, if requested to do so by the TEA.

(g) Appeal of the TEA determination. A substitute teacher may appeal the TEA determination that he or she is not eligible for employment as a substitute teacher pursuant to the TEC, §22.0836 and §22.085, according to the procedures described in §153.1115 of this title (relating to Appeal of the TEA Determination), but the substitute teacher is not eligible for employment by a school entity as a substitute teacher unless the TEA determination is reversed by a final administrative order.

Comments

Source Note: The provisions of this §153.1111 adopted to be effective December 30, 2007, 32 TexReg 9626

§153.1113: Charter School Educators

(a) National criminal history record information review.

(1) This section applies to a person described in the Texas Education Code (TEC), §22.0832, that is, a person who is an employee or an applicant for employment with an open-enrollment charter school in a position to which the TEC, §12.1059, applies.

(2) Every person to whom this section applies, and who has not previously done so, shall submit fingerprint, photograph, and identification information to the Texas Department of Public Safety (DPS) as required by this section. All information shall be submitted in the form the DPS requires for the purpose of being included in the Clearinghouse.

(b) Submission of required information.

(1) Upon notice from the Texas Education Agency (TEA), an open-enrollment charter school shall provide the TEA with the names, mailing addresses, and any other requested identifying information for all employees and applicants to whom the TEC, §12.1059, applies.

(2) The charter school shall ensure that each such person shall obtain electronically from the TEA an authorization for submission of fingerprint, photograph, and identification information to the DPS in the form the DPS requires.

(3) The TEA shall notify the charter school and its employees to whom the TEC, §12.1059, applies of the schedule and deadline for the submission of all such information.

(4) This notice of the schedule and deadline shall specify the date, which shall be at least 80 calendar days from the date the notice is mailed, that the covered employee's national criminal history record information must be received by the TEA as required by this section and the TEC, §22.0832.

(5) A person who has not submitted the required information by the date specified in the notice shall not be eligible to serve in a position to which the TEC, §12.1059, applies.

(6) Only fingerprint, photograph, and identification information that has been properly authorized by the TEA will be accepted by the DPS and included in the Clearinghouse as required by the TEC, §22.0832.

(7) The following conditions are material violations of the school's charter, as provided by the TEC, §22.0832:

(A) failure of an open-enrollment charter school to provide the information required by this section; and

(B) continued employment by an open-enrollment charter school of a person in a position to which the TEC, §12.1059, applies, after receipt of notice from the TEA that the person has failed to submit the information required by this section.

(c) Fees.

(1) The TEA's fee for review of national criminal history record information shall be the same as that required by the State Board for Educator Certification (SBEC) for such a review and may be collected by any entity authorized to obtain the information necessary for the review, which shall then remit the TEA's portion of the fee to the TEA.

(2) An open-enrollment charter school may require an employee to whom the TEC, §12.1059, applies to pay all fees related to obtaining and reviewing the national criminal history record information required by this section.

(d) Employment pending review.

(1) An open-enrollment charter school shall ensure that a person subject to the TEC, §22.0832, submits the required information before that person's employment begins in a position to which the TEC, §12.1059, applies.

(2) After the required information is submitted, the person may begin employment, but that employment is conditional upon the review of that person's criminal history record information by the TEA pursuant to the TEC, §22.0832, and must be terminated if the TEA makes a determination that the employee or applicant is ineligible for employment under the terms of the TEC, §22.085.

(3) In the event that the open-enrollment charter school withdraws its offer of employment or terminates the employee under review, the school shall immediately notify the TEA, and no final determination of employability will be made.

(e) Standard of TEA review for charter school educators.

(1) As required by the TEC, §22.0832, the TEA shall review the criminal history record information of a person to whom that section applies to determine if that person would be eligible for certification under the TEC, Chapter 21, Subchapter B, and shall review the certification status, if any, of the person to determine if the person presents a danger to the health, safety, or welfare of the students, as defined by the TEC, §12.1162(b).

(2) The TEA shall determine that a person to whom this section applies would not be eligible for educator certification if that person's criminal history record information provides satisfactory evidence that the person would not be eligible for educator certification under the TEC, Chapter 21, Subchapter B, and Chapter 249 of this title (relating to Disciplinary Proceedings, Sanctions, and Contested Cases), where it is provided that certification may be denied if:

(A) the person has engaged in conduct that would constitute an offense directly relating to public education;

(B) the person lacks good moral character; or

(C) the person is unworthy to instruct or supervise the youth of this state.

(3) The TEA may rely on the rules and reported decisions of educator certification cases in its interpretation of the standards for educator certification. The TEA may also determine that a covered charter school educator would not be eligible for educator certification because the educator's revoked or suspended certification status, if any, demonstrates that the educator presents a danger to the health, safety, or welfare of the students, as defined by the TEC, §12.1162(b).

(f) Notice of proposed determination of ineligibility for employment.

(1) The TEA shall notify the charter school educator by certified mail, return receipt requested, if, based on its criminal history record information review, the TEA proposes to make a determination that the charter school educator is ineligible for such employment under the terms of the TEC, §§12.1162(b) and/or 22.0832 and 22.085.

(2) The notice shall specify the basis for the proposed determination, including, but not limited to, a description of the criminal charges or convictions and/or the educator certification status, if any, related to the determination.

(3) The notice shall state that the determination will be made unless the charter school educator submits a written response to the TEA, which may include supporting documents or affidavits, within 15 calendar days from the date the notice was mailed, and such response demonstrates to the satisfaction of the TEA that the charter school educator is eligible for employment as a charter school educator under the terms of the TEC, §§12.1162(b) and/or 22.0832 and 22.085.

(4) After review of such response, if any, the TEA shall notify the charter school educator by certified mail, return receipt requested, of its determination and shall notify the open-enrollment charter school by e-mail.

(g) Other charter school obligations.

(1) An open-enrollment charter school shall discharge or refuse to hire an employee or applicant for a position to which the TEC, §12.1059, applies if the charter school obtains information through a criminal history record information review or by notification from the TEA pursuant to the TEC, §22.0832, that:

(A) an employee or applicant has been determined to be ineligible for employment as a charter school educator pursuant to the TEC, §22.0832 and §22.085; or

(B) an employee or applicant has been determined to be ineligible for employment as a charter school educator pursuant to the TEC, §12.1162(b), because the employee or applicant is a certified educator whose certificate is currently revoked or suspended for reasons that indicate a danger to the health, safety, or welfare of students, as defined by the TEC, §12.1162(b).

(2) Pursuant to the TEC, §22.085(e), sanctions may be imposed on the certificate of a certified educator who fails to discharge an employee or fails to refuse to hire an applicant, if the educator knows or should have known that the employee or applicant has been convicted of an offense described in the TEC, §22.085(a).

(3) Each school year the chief operating officer of an open-enrollment charter school shall certify to the TEA that the school entity has complied with the TEC, §22.085.

(4) The charter school shall cooperate with the TEA and the DPS and its contractors to facilitate the submission of the required information, including assisting in the distribution of notices and authorization forms, if requested to do so by the TEA.

(5) The failure of an open-enrollment charter school to comply with a final determination under this section or to provide the information required by this section may be deemed a material violation of the school's charter.

(h) Appeal of the TEA determination. A charter school educator may appeal the TEA determination that he or she is not eligible for employment as a charter school educator pursuant to the TEC, §§12.1162(b) and/or 22.0832 and 22.085, according to the procedures in §153.1115 of this title (relating to Appeal of the TEA Determination), but the charter school educator is not eligible for employment in a position to which the TEC, §12.1059, applies unless the TEA determination is reversed by a final administrative order.

Comments

Source Note: The provisions of this §153.1113 adopted to be effective December 30, 2007, 32 TexReg 9626

§153.1115: Appeal of the Tea Determination

(a) Petition.

(1) A person may appeal the Texas Education Agency (TEA) determination of ineligibility for employment under the provisions specified in this paragraph by filing a petition with the TEA within 30 days of the date of mailing that determination. The appeal may be based on:

(A) Texas Education Code (TEC), §12.1162(b);

(B) TEC, §22.0832;

(C) TEC, §22.0833;

(D) TEC, §22.0836;

(E) §153.1109 of this title (relating to Noncertified Employees);

(F) §153.1111 of this title (relating to Substitute Teachers); and

(G) §153.1113 of this title (relating to Charter School Educators).

(2) The petition shall state the factual and legal basis for the appeal of the TEA determination. The petition shall comply with the State Office of Administrative Hearings (SOAH) procedural rule in Title 1, Part 7, Chapter 155, §155.29 (relating to Pleadings) and the requirements of a petition appealing a State Board for Educator Certification (SBEC) administrative denial of an application for educator certification under §249.12 of this title (relating to Administrative Denial; Appeal) and §249.26 of this title (relating to Petition).

(b) Contested case.

(1) Upon the receipt of a timely petition of appeal of a determination of ineligibility for employment, the TEA shall refer the appeal to the SOAH, where it will be considered a contested case subject to the same procedural rules, including the allocation of the burden of proof, that would apply to the appeal of an SBEC administrative denial of an application for educator certification.

(2) The commissioner of education or the commissioner's designee shall:

(A) review the administrative law judge's proposal for decision in such a contested case;

(B) enter a final administrative decision and order; and

(C) consider a motion for rehearing, if any.

Comments

Source Note: The provisions of this §153.1115 adopted to be effective December 30, 2007, 32 TexReg 9626

§153.1117: School Contractor Employees

(a) Purpose. Pursuant to the Texas Education Code (TEC), §22.0834, this section implements the criminal history record information review of certain school entity contract employees required by the TEC, §22.0834.

(b) District responsibilities.

(1) Required contractor criminal histories. A school entity shall ensure that each of its service contractors certify that the service contractor has obtained all criminal history record information for covered contract employees, as required by the TEC, §22.0834.

(2) Emergencies. In an emergency, a school entity may allow a covered contract employee or employees to enter school entity property, without the required criminal history record information review, if the covered contract employee is or employees are accompanied by a school entity employee. A school entity may adopt rules regarding an emergency situation.

(3) Standards for criminal history review. A school entity may not allow a covered contract employee to serve at the school entity if the school entity obtains information through a criminal history record information review that the covered contract employee has a disqualifying conviction under the TEC, §22.085. However, if it chooses, a school entity may adopt a stricter standard related to criminal history record information than that of the TEC, §22.085.

(4) Required reports. Pursuant to §249.14(d)(1) of this title (relating to Complaint, Required Reporting, and Investigation; Investigative Notice; Filing of Petition), if a school entity obtains information that a covered contract employee who holds a certificate issued by the State Board for Educator Certification (SBEC) has a reported criminal history, the superintendent, the superintendent's designee, or the director of the school entity shall notify the SBEC of that criminal history within seven calendar days of the date that information is obtained.

(c) Contractor responsibilities.

(1) Contract employee criminal history requirement. A service contractor shall obtain all criminal history record information that is required by the TEC, §22.0834, for all its covered contract employees and the covered contract employees of its subcontractors. If a service contractor determines that a person is not a covered contract employee, the service contractor shall make reasonable efforts to ensure that the conditions or precautions that result in such a determination continue to exist throughout the time that the contracted services are provided.

(2) National criminal history record information. As required by the TEC, §22.0834, before or immediately after employing or securing the services of a covered contract employee on or after January 1, 2008, who is not an applicant for or holder of a certificate under the TEC, Chapter 21, Subchapter B, a service contractor shall send or ensure that a covered contract employee sends to the Texas Department of Public Safety (DPS) the information, which may include fingerprints and photographs, that is necessary for the DPS to obtain the covered contract employee's national criminal history record information. The DPS shall report the national criminal history record information through the Clearinghouse, as provided by the Texas Government Code, §411.0845.

(3) Criminal history record information. As required by the TEC, §22.0834, a service contractor shall obtain from the DPS, any law enforcement or criminal justice agency, or a private entity that is a consumer reporting agency governed by the Fair Credit Reporting Act all criminal history record information that relates to a covered contract employee who is employed before January 1, 2008, or who is an applicant for or holder of a certificate under the TEC, Chapter 21, Subchapter B, and who is not subject to a national criminal history record information review.

(4) School entity request for information on covered contract employees. A service contractor shall provide a school entity, at its request, the information necessary for the school entity to obtain criminal history record information for all covered contract employees.

(5) Service contractor certification. A service contractor shall certify to the school entity that it has obtained the criminal history record information required by the TEC, §22.0834, for all covered contract employees providing the contracted services. The service contractor shall also certify that it will take reasonable steps to ensure that the conditions or precautions that have resulted in a determination that any person is not a covered contract employee continue to exist throughout the time that the contracted services are provided.

(6) Employees with disqualifying convictions. A service contractor shall not permit a covered contract employee to provide services at a school entity if the employee has a disqualifying conviction under the TEC, §22.085.

Comments

Source Note: The provisions of this §153.1117 adopted to be effective November 20, 2008, 33 TexReg 9233