Texas Administrative Code Title 19

Education: As effective August 6, 2010

Part 7

Chapter 227

§227.1: General Provisions

(a) It is the responsibility of the education profession as a whole to attract candidates and to retain educators who demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of this state.

(b) Educator preparation programs should collaborate with local school districts pursuant to the Texas Education Code, §22.083, to examine the criminal history of all educator preparation candidates prior to participation in educator preparation activities that occur in a school.

Comments

Source Note: The provisions of this §227.1 adopted to be effective July 11, 1999, 24 TexReg 5011; amended to be effective December 14, 2008, 33 TexReg 10011

§227.5: Definitions

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

(1) Alternative certification program--An approved educator preparation program, delivered by entities described in §228.20(a) of this title (relating to Governance of Educator Preparation Programs), specifically designed as an alternative to a traditional undergraduate certification program, for individuals already holding at least a baccalaureate degree.

(2) Candidate--A participant in an educator preparation program seeking certification.

(3) Clinical teaching--A 12-week full-day teaching practicum in an alternative certification program at a public school accredited by the Texas Education Agency (TEA) or a TEA-recognized private school that may lead to completion of a standard certificate.

(4) Contingency admission--Conditional admission to an educator preparation program, pending graduation and degree conferred from a recognized regional accrediting organization as specified in Chapter 230, Subchapter Y, of this title (relating to Definitions); or an accrediting organization recognized by the Texas Higher Education Coordinating Board.

(5) Educator preparation program--An entity approved by the State Board for Educator Certification to recommend candidates in one or more educator certification fields.

(6) Internship--A one-year supervised professional assignment at a public school accredited by the TEA or a TEA-recognized private school that may lead to completion of a standard certificate.

(7) Practicum--Practical work in a particular field; refers to student teaching, clinical teaching, internship, or practicum for a professional certificate that is in the school setting.

(8) Semester credit hour--One semester credit hour is equal to 15 clock-hours at an accredited university.

(9) Student teaching--A 12-week full-day teaching practicum in a program provided by an accredited university at a public school accredited by the TEA or a TEA-recognized private school that may lead to completion of a standard certificate.

Comments

Source Note: The provisions of this §227.5 adopted to be effective December 14, 2008, 33 TexReg 10011

§227.10: Admission Criteria

(a) The educator preparation program delivering educator preparation shall require the following minimum criteria of all candidates prior to admission to the program, except candidates for career and technology education certification:

(1) for an undergraduate university program, a candidate shall be enrolled in an educator preparation program from an institution of higher education that is accredited by a regional accrediting agency, as recognized by the Texas Higher Education Coordinating Board (THECB);

(2) for an alternative certification program or post-baccalaureate program, a candidate shall have a baccalaureate degree earned from and conferred by an institution of higher education that is recognized by one of the regional accrediting agencies by the THECB, specified in paragraph (1) of this subsection;

(3) for an undergraduate university program, alternative certification program, or post-baccalaureate program, a candidate shall meet the following criteria in order to be eligible to enter an educator preparation program:

(A) an overall grade point average (GPA) of at least 2.5 or at least 2.5 in the last 60 semester credit hours; or

(B) documentation and certification from the program director that a candidate's work, business, or career experience demonstrates achievement equivalent to the academic achievement represented by the GPA requirement. This exception to the minimum GPA requirement will be granted by the program director only in extraordinary circumstances and may not be used by a program to admit more than 10% of any cohort of candidates; and

(C) for a program candidate who will be seeking an initial certificate, a minimum of 12 semester credit hours in the subject-specific content area for the certification sought, a passing score on a content certification examination, or a passing score on a content examination administered by a vendor on the Texas Education Agency (TEA)-approved vendor list published by the commissioner of education for the calendar year during which the candidate seeks admission;

(4) for a program candidate who will be seeking an initial certificate, the candidate shall demonstrate basic skills in reading, written communication, and mathematics or by passing the Texas Academic Skills Program® (TASP®) test or the Texas Higher Education Assessment® (THEA®) with a minimum score of 230 in reading, 230 in mathematics, and 220 in writing. In the alternative, a candidate may demonstrate basic skills by meeting the requirements of the Texas Success Initiative (Texas Education Code, §51.3062) under the rules established by the Texas Higher Education Coordinating Board in Part 1, Chapter 4, Subchapter C of this title (relating to Texas Success Initiative);

(5) for a program candidate who will be seeking an initial certificate, the candidate shall demonstrate oral communication skills as specified in §230.413 of this title (relating to General Requirements);

(6) an application and either an interview or other screening instrument to determine the educator preparation candidate's appropriateness for the certification sought; and

(7) any other academic criteria for admission that are published and applied consistently to all educator preparation candidates.

(b) An educator preparation program may adopt requirements in addition to those explicitly required in this section.

(c) An educator preparation program may not admit a candidate who has completed another educator preparation program in the same certification field or who has been employed for three years in a public school under a permit or probationary certificate as specified in Chapter 232, Subchapter A, of this title (relating to Types and Classes of Certificates Issued).

(d) An educator preparation program may admit a candidate for career and technology education certification who has met the experience and preparation requirements specified in Chapter 230 of this title (relating to Professional Educator Preparation and Certification) and Chapter 233 of this title (relating to Categories of Classroom Teaching Certificates).

(e) An educator preparation program may admit a candidate who has met the minimum academic criteria through credentials from outside the United States that are determined to be equivalent to those required by this section using the procedures and standards specified in Chapter 245 of this title (relating to Certification of Educators from Other Countries).

Comments

Source Note: The provisions of this §227.10 adopted to be effective July 11, 1999, 24 TexReg 5011; amended to be effective December 14, 2008, 33 TexReg 10011

§227.15: Contingency Admission

(a) A candidate may be accepted into an alternative certification program or post-baccalaureate program on a contingency basis pending receipt of an official transcript showing degree conferred, as specified in §227.10(a)(2) of this title (relating to Admission Criteria), provided that:

(1) the candidate is currently enrolled in and expects to complete the courses and other requirements for obtaining a baccalaureate degree at the end of the semester in which admission to the program is sought; and

(2) all other program admission requirements have been met.

(b) A candidate admitted on a contingency basis may begin program training and may be approved to take a certification examination, but shall not be recommended for a probationary certificate until the candidate has been awarded a baccalaureate degree.

(c) The contingency admission will be valid for only the semester for which the contingency admission was granted and may not be extended for another semester.

Comments

Source Note: The provisions of this §227.15 adopted to be effective December 14, 2008, 33 TexReg 10011

§227.20: Implementation Date

This chapter applies to an educator preparation program candidate who is admitted to an educator preparation program on or after January 1, 2009.

Comments

Source Note: The provisions of this §227.20 adopted to be effective July 11, 1999, 24 TexReg 5011; amended to be effective December 14, 2008, 33 TexReg 10011

Chapter 228

§228.1: General Provisions

(a) To ensure the highest level of educator preparation and practice, the State Board for Educator Certification (SBEC) recognizes that the preparation of educators must be the joint responsibility of educator preparation programs and the Early Childhood-Grade 12 public and private schools of Texas. Collaboration in the development, delivery, and evaluation of educator preparation is required.

(b) Consistent with the Texas Education Code, §21.049, the SBEC's rules governing educator preparation are designed to promote flexibility and creativity in the design of educator preparation programs to accommodate the unique characteristics and needs of different regions of the state as well as the diverse population of potential educators.

(c) All educator preparation programs are subject to the same standards of accountability, as required under Chapter 229 of this title (relating to Accountability System for Educator Preparation).

Comments

Source Note: The provisions of this §228.1 adopted to be effective July 11, 1999, 24 TexReg 5011; amended to be effective December 14, 2008, 33 TexReg 10016

§228.2: Definitions

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

(1) Academic year--If not referring to the academic year of a particular public, private, or charter school or institution of higher education, September 1 through August 31.

(2) Alternative certification program--An approved educator preparation program, delivered by entities described in §228.20(a) of this title (relating to Governance of Educator Preparation Programs), specifically designed as an alternative to a traditional undergraduate certification program, for individuals already holding at least a baccalaureate degree.

(3) Candidate--A participant in an educator preparation program seeking certification.

(4) Clinical teaching--A 12-week full-day teaching practicum in an alternative certification program at a public school accredited by the Texas Education Agency (TEA) or a TEA-recognized private school that may lead to completion of a standard certificate.

(5) Clock-hours--Fifteen clock-hours at an accredited university is equal to one semester credit hour.

(6) Cooperating teacher--The campus-based mentor teacher for the student teacher or clinical teacher.

(7) Educator preparation program--An entity approved by the State Board for Educator Certification (SBEC) to recommend candidates in one or more educator certification fields.

(8) Entity--The legal entity that is approved to deliver an educator preparation program.

(9) Field-based experiences--Experiences in which the primary activity of a candidate for certification is the performance of professional educator activities while interacting with Early Childhood-Grade 12 students, teachers, and faculty/staff members in a school setting that is part of regular classroom instruction. The professional activities include more than observation within a classroom. The interaction with students, teachers, and entity faculty/staff must be ongoing and relevant.

(10) Field supervisor--A certified educator, hired by the educator preparation program, who preferably has advanced credentials, to observe candidates, monitor his or her performance, and provide constructive feedback to improve his or her professional performance.

(11) Head Start Program--The federal program established under the Head Start Act (42 United States Code, §9801 et seq.) and its subsequent amendments.

(12) Internship--A one-year supervised professional assignment at a public school accredited by the TEA or a TEA-recognized private school that may lead to completion of a standard certificate.

(13) Late hire--An individual who has not been accepted into an educator preparation program before June 15 and who is hired for a teaching assignment by a school after June 15 or after the school's academic year has begun.

(14) Mentor--For a classroom teacher, a certified educator assigned by the campus administrator who has completed mentor training; who guides, assists, and supports the beginning teacher in areas such as planning, classroom management, instruction, assessment, working with parents, obtaining materials, district policies; and who reports the beginning teacher's progress to that teacher's educator preparation program.

(15) Pedagogy--The art and science of teaching, incorporating instructional methods that are developed from scientifically-based research.

(16) Practicum--Practical work in a particular field; refers to student teaching, clinical teaching, internship, or practicum for a professional certificate that is in the school setting.

(17) Student teaching--A 12-week full-day teaching practicum in a program provided by an accredited university at a public school accredited by the TEA or a TEA-recognized private school that may lead to completion of a standard certificate.

(18) Teacher of record--An educator employed by a school district who teaches the majority of the instructional day in an academic instructional setting and is responsible for evaluating student achievement and assigning grades.

(19) Texas Education Agency staff--Staff of the TEA assigned by the commissioner of education to perform the SBEC's administrative functions and services.

(20) Texas Essential Knowledge and Skills (TEKS)--The Kindergarten-Grade 12 state curriculum in Texas adopted by the State Board of Education and used as the foundation of all state certification examinations.

Comments

Source Note: The provisions of this §228.2 adopted to be effective July 11, 1999, 24 TexReg 5011; amended to be effective October 12, 2003, 28 TexReg 8608; amended to be effective December 14, 2008, 33 TexReg 10016

§228.10: Approval Process

(a) Approval to Operate. A public institution of higher education must provide documentation to the Texas Education Agency (TEA) from the Texas Higher Education Coordinating Board (THECB) of approval to operate in Texas prior to submitting a proposal to offer an educator preparation and/or alternative certification program.

(b) New Entity Approval. An entity seeking initial approval to deliver an educator preparation program shall submit an application and proposal with evidence indicating the ability to comply with the provisions of this chapter and Chapter 227 of this title (relating to Provisions for Educator Preparation Candidates). The proposal shall include the following program approval components: entity commitment to adequate preparation of certification candidates, program standards, and community collaboration; criteria for admission to an educator preparation program; curriculum; program delivery and evaluation; and a plan for ongoing support of the candidates. The proposal must also identify the certificates proposed to be offered by the entity and meet applicable federal statutes or regulations. The proposal will be reviewed by the TEA staff and a pre-approval site visit will be conducted. The TEA staff shall recommend to the State Board for Educator Certification (SBEC) whether the entity should be approved.

(c) Continuing Entity Approval. An entity approved by the SBEC under this chapter prior to September 1, 2008, shall be reviewed at least once every five years under procedures approved by the TEA staff; however, a review may be conducted at any time at the discretion of the TEA staff. At the time of the review, the entity shall submit to the SBEC a status report regarding its compliance with existing standards for educator preparation programs and the entity's original proposal. An entity approved by the SBEC under this chapter after August 31, 2008, shall be approved for a term of ten years and must reapply every ten years thereafter for approval by the SBEC in the same manner as a new educator preparation program seeking approval.

(d) Approval of Clinical Teaching for an Alternative Certification Program. An alternative certification program seeking approval to implement a clinical teaching component shall submit a description of the following elements of the program for approval by the TEA staff:

(1) general clinical teaching program description, including conditions under which clinical teaching may be implemented;

(2) selection criteria for clinical teachers;

(3) selection criteria for mentor teachers;

(4) description of support and communication between candidates, mentors, and the alternative certification program;

(5) description of program supervision; and

(6) description of how candidates are evaluated.

(e) Addition of Certificate Fields.

(1) An educator preparation program that is rated "accredited," as provided in §229.3 of this title (relating to The Accreditation Process), may request additional certificate fields be approved by TEA staff, by submitting the curriculum matrix; a description of how the standards for Texas educators are incorporated into the educator preparation program; and documentation showing that the program has the staff knowledge and expertise to support individuals participating in each certification field being requested. The curriculum matrix must include the standards, framework competencies, applicable Texas Essential Knowledge and Skills, course and/or module names, and the benchmarks or assessments used to measure successful program progress. An educator preparation program rated "accredited," as provided in §229.3 of this title, and currently approved to offer a content area certificate for which the SBEC is changing the grade level of the certificate may request to offer the preapproved content field at different grade levels by submitting a modified curriculum matrix that includes the standards, course and/or module names, and the benchmarks or assessments used to measure successful program progress. The requested additional certificate fields must be within the classes of certificates for which the educator preparation program has been previously approved by the SBEC. An educator preparation program that is not rated "accredited" may not apply to offer additional certificate fields or classes of certificates.

(2) An educator preparation program that is rated "accredited" may request the addition of certificate fields in a class of certificates that has not been previously approved by the SBEC, but must present a full proposal for consideration and approval by the SBEC.

(f) Addition of Program Locations. An educator preparation program that proposes to provide educator preparation in a different geographic location from that contained in its approved proposal shall present a new proposal for consideration and approval by the SBEC that includes provisions for meeting all program requirements at the new location. The educator preparation program will be notified in writing of its proposal approval or denial within 60 days following a determination by the SBEC. If an educator preparation program has already added additional locations or is already providing educator preparation in locations different from that contained in its original approved proposal as of January 1, 2009, the additional locations are not required to be presented to or approved by the SBEC. However, the educator preparation program shall inform the SBEC of the existence of the additional locations at which the program is providing educator preparation within 60 days of the adoption of this subsection.

(g) Contingency of Approval. Approval of all educator preparation programs by the SBEC or by the TEA staff, including each specific certificate field, is contingent upon approval by other lawfully established governing bodies, such as the THECB, boards of regents, or school district boards of trustees. Continuing educator preparation program approval is contingent upon compliance with superseding state and federal law.

Comments

Source Note: The provisions of this §228.10 adopted to be effective July 11, 1999, 24 TexReg 5011; amended to be effective October 12, 2003, 28 TexReg 8608; amended to be effective August 9, 2007, 32 TexReg 4755; amended to be effective December 14, 2008, 33 TexReg 10016

§228.20: Governance of Educator Preparation Programs

(a) Preparation for the certification of educators may be delivered by an institution of higher education, regional education service center, public school district, or other entity approved by the State Board for Educator Certification (SBEC) under §228.10 of this title (relating to Approval Process).

(b) The preparation of educators shall be a collaborative effort among public schools accredited by the Texas Education Agency (TEA) and/or TEA-recognized private schools; regional education service centers; institutions of higher education; and/or business and community interests; and shall be delivered in cooperation with public schools accredited by the TEA and/or TEA-recognized private schools. An advisory committee with members representing as many as possible of the groups identified as collaborators in this subsection shall assist in the design, delivery, evaluation, and major policy decisions of the educator preparation program. The approved educator preparation program shall approve the roles and responsibilities of each member of the advisory committee and shall meet a minimum of twice during each academic year.

(c) The governing body and chief operating officer of an entity approved to deliver educator preparation shall provide sufficient support to enable the educator preparation program to meet all standards set by the SBEC, and shall be accountable for the quality of the educator preparation program and the candidates whom the program recommends for certification.

(d) All educator preparation programs must be implemented as approved by the SBEC as specified in §228.10 of this title. An approved educator preparation program may not expand to other geographic locations without prior approval of the SBEC.

(e) Proposed amendments to an educator preparation program shall be submitted to the TEA staff and approved prior to implementation. Significant amendments, related to the five program approval components specified in §228.10(b) of this title, must be approved by the SBEC. The educator preparation program will be notified in writing of its proposal approval or denial within 60 days following a determination by the SBEC. If an educator preparation program has already implemented significant amendments to its original approved proposal as of January 1, 2009, those amendments are not required to be presented to or approved by the SBEC. However, the educator preparation program shall inform the SBEC of the existence of the significant amendments within 60 days of the adoption of this subsection.

Comments

Source Note: The provisions of this §228.20 adopted to be effective July 11, 1999, 24 TexReg 5011; amended to be effective December 14, 2008, 33 TexReg 10016

§228.30: Educator Preparation Curriculum

(a) The educator standards adopted by the State Board for Educator Certification (SBEC) shall be the curricular basis for all educator preparation and, for each certificate, address the relevant Texas Essential Knowledge and Skills (TEKS).

(b) The curriculum for each educator preparation program shall rely on scientifically-based research to ensure teacher effectiveness and align to the TEKS. The following subject matter shall be included in the curriculum for candidates seeking initial certification:

(1) the specified requirements for reading instruction adopted by the SBEC for each certificate;

(2) the code of ethics and standard practices for Texas educators, pursuant to Chapter 247 of this title (relating to Educators' Code of Ethics);

(3) child development;

(4) motivation;

(5) learning theories;

(6) TEKS organization, structure, and skills;

(7) TEKS in the content areas;

(8) state assessment of students;

(9) curriculum development and lesson planning;

(10) classroom assessment for instruction/diagnosing learning needs;

(11) classroom management/developing a positive learning environment;

(12) special populations;

(13) parent conferences/communication skills;

(14) instructional technology;

(15) pedagogy/instructional strategies;

(16) differentiated instruction; and

(17) certification test preparation.

Comments

Source Note: The provisions of this §228.30 adopted to be effective July 11, 1999, 24 TexReg 5011; amended to be effective October 12, 2003, 28 TexReg 8608; amended to be effective December 14, 2008, 33 TexReg 10016

§228.35: Preparation Program Coursework and/or Training

(a) Coursework and/or Training for Candidates Seeking Initial Certification.

(1) An educator preparation program shall provide coursework and/or training to ensure the educator is effective in the classroom.

(2) Professional development should be sustained, intensive, and classroom focused.

(3) An educator preparation program shall provide each candidate with a minimum of 300 clock-hours of coursework and/or training that includes the following:

(A) 30 clock-hours of field-based experience to be completed prior to student teaching, clinical teaching, or internship. Up to 15 clock-hours of field-based experience may be provided by use of electronic transmission, or other video or technology-based method. Use of technology must integrate the following:

(i) authentic classrooms in a public school accredited by the Texas Education Agency (TEA) or TEA-recognized private school;

(ii) instruction by content certified teachers;

(iii) actual students in classrooms with identity proof provisions;

(iv) content or grade level specific classrooms;

(v) variable time length of observation; and

(vi) reflection of the observation;

(B) 80 clock-hours of training prior to student teaching, clinical teaching, or internship; and

(C) six clock-hours of test preparation.

(4) All coursework and training shall be completed prior to educator preparation program completion and standard certification.

(5) With appropriate documentation, 50 clock-hours of training may be provided by a school district and/or campus that is an approved TEA continuing professional education provider.

(6) Each educator preparation program must develop and implement specific criteria and procedures that allow candidates to substitute experience and/or professional training directly related to the certificate being sought for part of the educator preparation requirements.

(b) Coursework and/or Training for Professional Certification (i.e. superintendent, principal, school counselor, school librarian, educational diagnostician, reading specialist, and/or master teacher). An educator preparation program shall provide coursework and/or training to ensure that the educator is effective in the professional assignment. An educator preparation program shall provide a candidate with a minimum of 200 clock-hours of coursework and/or training that is directly aligned to the state standards for the applicable certification field.

(c) Late Hires. A late hire for a teaching position shall complete 30 clock-hours of field-based experience as well as 80 clock-hours of initial training within 90 school days of assignment. Up to 15 clock-hours of field-based experience may be provided by use of electronic transmission, or other video or technology-based method. Use of technology must integrate the following:

(1) authentic classrooms in a public school accredited by the TEA or TEA-recognized private school;

(2) instruction by content certified teachers;

(3) actual students in classrooms with identity proof provisions;

(4) content or grade level specific classrooms;

(5) variable time length of observation; and

(6) reflection of the observation.

(d) Educator Preparation Program Delivery. An educator preparation entity shall provide evidence of on-going and relevant field-based experiences throughout the educator preparation program, as determined by the advisory committee as specified in §228.20 of this title (relating to Governance of Educator Preparation Programs), in a variety of educational settings with diverse student populations, including observation, modeling, and demonstration of effective practices to improve student learning.

(1) For initial certification, each educator preparation program shall provide field-based experience, as defined in §228.2 of this title (relating to Definitions), for a minimum of 30 clock-hours. The field-based experience must be completed prior to assignment in an internship, student teaching, clinical teaching, or practicum. Up to 15 clock-hours of field-based experience may be provided by use of electronic transmission, or other video or technology-based method. Use of technology must integrate the following:

(A) authentic classrooms in a public school accredited by the TEA or TEA-recognized private school;

(B) instruction by content certified teachers;

(C) actual students in classrooms with identity proof provisions;

(D) content or grade level specific classrooms;

(E) variable time length of observation; and

(F) reflection of the observation.

(2) For initial certification, each educator preparation program shall also provide one of the following:

(A) student teaching, as defined in §228.2 of this title, for a minimum of 12 weeks;

(B) clinical teaching, as defined in §228.2 of this title, for a minimum of 12 weeks; or

(C) internship, as defined in §228.2 of this title, for a minimum of one academic year (or 180 school days) for the assignment that matches the certification field for which the individual is accepted into the educator preparation program. The individual would hold a probationary certificate and be classified as a "teacher" as reported on the campus Public Education Information Management System (PEIMS) data. An educator preparation program may permit an internship of up to 30 school days less than the minimum if due to maternity leave, military leave, illness, or late hire date.

(i) An internship, student teaching, or clinical teaching for an Early Childhood-Grade 4 and Early Childhood-Grade 6 candidate may be completed at a Head Start Program with the following stipulations:

(I) the Head Start program is participating in either the School Readiness Integration (SRI) or the Texas Early Education Model (TEEM);

(II) a certified teacher is available as a trained mentor;

(III) the Head Start program is affiliated with a public school accredited by the TEA;

(IV) the Head Start program teaches three and four-year-old students; and

(V) the state's pre-kindergarten curriculum guidelines are being implemented.

(ii) An internship, student teaching, or clinical teaching experience may not be held in a distance learning lab setting.

(3) For candidates seeking professional certification as a superintendent, principal, school counselor, school librarian, or an educational diagnostician, each educator preparation program shall provide a practicum, as defined in §228.2 of this title, for a minimum of 160 clock-hours.

(e) Campus Mentors and Cooperating Teachers. In order to support a new educator and to increase teacher retention, an educator preparation program shall collaborate with the campus administrator to assign each candidate a campus mentor during his or her internship or assign a cooperating teacher during the candidate's student teaching or clinical teaching experience. The educator preparation program is responsible for providing mentor and/or cooperating teacher training that relies on scientifically-based research, but the program may allow the training to be provided by a school district, if properly documented.

(f) On-Going Educator Preparation Program Support. Supervision of each candidate shall be conducted with the structured guidance and regular ongoing support of an experienced educator who has been trained as a field supervisor. The initial contact with the assigned candidate must occur within the first three weeks of assignment. The program must provide a minimum of two formal observations during the first semester and one formal observation during the second semester. Each observation must be at least 45 minutes in duration and must be conducted by the field supervisor. The first observation must occur within the first six weeks of assignment. The field supervisor shall document instructional practices observed, provide written feedback through an interactive conference with the candidate, and provide a copy of the written feedback to the candidate's campus administrator. Informal observations and coaching shall be provided by the field supervisor as appropriate.

Comments

Source Note: The provisions of this §228.35 adopted to be effective December 14, 2008, 33 TexReg 10016

§228.40: Assessment and Evaluation of Candidates for Certification and Program Improvement

(a) To ensure that a candidate for educator certification is prepared to receive the standard certificate, the entity delivering educator preparation shall establish benchmarks and structured assessments of the candidate's progress throughout the educator preparation program.

(b) An educator preparation program shall determine the readiness of each candidate to take the appropriate certification assessment of pedagogy and professional responsibilities, including professional ethics and standards of conduct. An educator preparation program shall not grant test approval for the pedagogy and professional responsibilities assessment until a candidate has met all of the requirements for admission to the program and has been fully accepted into the educator preparation program.

(c) For the purposes of educator preparation program improvement, an entity shall continuously evaluate the design and delivery of the educator preparation curriculum based on performance data, scientifically-based research practices, and the results of internal and external assessments.

(d) An educator preparation program shall retain documents that evidence a candidate's eligibility for admission to the program and evidence of completion of all program requirements for a period of five years after program completion.

Comments

Source Note: The provisions of this §228.40 adopted to be effective July 11, 1999, 24 TexReg 5011; amended to be effective December 14, 2008, 33 TexReg 10016

§228.50: Professional Conduct

During the period of preparation, the educator preparation entity shall ensure that the individuals preparing candidates and the candidates themselves demonstrate adherence to Chapter 247 of this title (relating to Educators' Code of Ethics).

Comments

Source Note: The provisions of this §228.50 adopted to be effective July 11, 1999, 24 TexReg 5011; amended to be effective December 14, 2008, 33 TexReg 10016

§228.60: Implementation Date

(a) This chapter applies to an educator preparation program candidate who is admitted to an educator preparation program on or after January 1, 2009.

(b) All provisions in this chapter shall apply to §232.5 of this title (relating to Temporary Teacher Certificates) upon the effective date of the rule actions adopted in this chapter, except that a certificate issued under §232.5 of this title shall require 380 total clock-hours of training.

Comments

Source Note: The provisions of this §228.60 adopted to be effective July 11, 1999, 24 TexReg 5011; amended to be effective December 14, 2008, 33 TexReg 10016

Chapter 229

§229.1: General Provisions and Purpose of Accountability System for Educator Preparation Programs

(a) The State Board for Educator Certification (SBEC) is responsible for establishing standards to govern the continuing accountability of all educator preparation programs (EPPs). The rules adopted by the SBEC in this chapter govern the accreditation of each EPP that prepares individuals for educator certification. No candidate shall be recommended for any Texas educator certification field except by an EPP that has been approved by the SBEC pursuant to Chapter 228 of this title (relating to Requirements for Educator Preparation Programs) and is accredited as required by this chapter.

(b) The purpose of the accountability system for educator preparation is to assure that each EPP is held accountable for the readiness for certification of candidates completing the programs.

(c) An accredited EPP may receive commendations for success in areas identified by the SBEC.

Comments

Source Note: The provisions of this §229.1 adopted to be effective April 18, 2010, 35 TexReg 2849

§229.2: Definitions

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

(1) Academic year--A period of 12 consecutive months, starting September 1 and ending August 31.

(2) ACT®--The college entrance examination from ACT®.

(3) Administrator--For purposes of the surveys and information required by this chapter, an educator whose certification would entitle him or her to be assigned as a principal or assistant principal in Texas, whether or not he or she is currently working in such an assignment.

(4) Alternative certification program--An approved educator preparation program, delivered by entities described in §228.20(a) of this title (relating to Governance of Educator Preparation Programs), specifically designed as an alternative to a traditional undergraduate certification program, for individuals already holding at least a baccalaureate degree.

(5) Beginning teacher--For purposes of this chapter, a classroom teacher with less than three years experience.

(6) Campus-based mentor--A certified educator assigned by the campus administrator who has completed mentor training; who guides, assists, and supports the beginning teacher; and who reports the beginning teacher's progress to that teacher's educator preparation program.

(7) Candidate--An individual who has been admitted into an educator preparation program, including an individual who has been accepted on a contingency basis; also referred to as an enrollee or participant.

(8) Certification field--Professional development (elementary and secondary) and delivery system fields, academic or career and technical content fields, special education fields, specializations, or professional fields in which an entity is approved to offer certification.

(9) Clinical teaching--A 12-week full-day teaching practicum in an alternative certification program at a public school accredited by the Texas Education Agency or a Texas Education Agency-recognized private school that may lead to completion of a standard certificate.

(10) Completer--According to the Higher Education Act, "A person who has met all the requirements of a state-approved educator preparation program." The term completer is no longer used to define the class of educator preparation program candidates subject to a determination of certification examination pass rate.

(11) Cooperating teacher--The campus-based mentor teacher for the student teacher or clinical teacher.

(12) Demographic group--Male and female, as to gender; the aggregate reporting categories established by the Higher Education Act, as to race and ethnicity. Each educator preparation program will assign a candidate to one gender demographic group and at least one Higher Education Act-established race or ethnicity group.

(13) Educator preparation program provider--An entity approved by the State Board for Educator Certification to recommend candidates in one or more educator certification fields.

(14) Educator preparation program data--Data elements reported to meet requirements under the Texas Education Code, §21.045(b).

(15) Examination--An examination or other test required by statute or State Board for Educator Certification rule that governs an individual's admission to an educator preparation program, certification as an educator, continuation as an educator, or advancement as an educator.

(16) Field supervisor--A certified educator, preferably with advanced credentials, who is hired by the educator preparation program to observe candidates, monitor their performances, and provide constructive feedback to improve their effectiveness as an educator. A campus mentor or cooperating teacher, assigned as required by §228.35(e) of this title (relating to Preparation Program Coursework and/or Training), may not also serve as a field supervisor.

(17) First year in the classroom--For purposes of the Texas Education Code, §21.045(a)(4), and its implementation in this chapter, the first year of employment as a classroom teacher.

(18) GPA--Grade point average.

(19) GRE®--Graduate Record Examinations®.

(20) Higher Education Act--Federal legislation consisting of the Higher Education Act of 1965 (20 United States Code, §1070 et seq.) and its subsequent amendments, which requires reports of educator preparation program performance data.

(21) Highly qualified teacher--A teacher who has a baccalaureate degree and full state certification and has demonstrated competency in all subjects in which he or she teaches. A highly qualified teacher has not had any certification requirements waived on an emergency certificate or permit.

(22) Highly qualified teacher in an alternative certification program--A teacher who is participating in an alternative certification program may be considered to meet the certification requirements of the definition of a highly qualified teacher (and not be counted on a waiver) if he or she is issued a probationary certificate whereby he or she is permitted to assume functions as a regular classroom teacher for a specified period of time not to exceed three years and he or she demonstrates satisfactory progress toward full certification. The teacher's alternative certification program must provide high-quality professional development that is sustained, intensive, and classroom-focused in order to have a positive and lasting impact on classroom instruction before and while teaching. The teacher must receive intensive supervision that consists of structured guidance and regular ongoing support, as required by §228.35 of this title (relating to Preparation Program Coursework and/or Training).

(23) IHE--Institution of Higher Education.

(24) Institutional report--Educator preparation program data reported to the United States Department of Education and the Texas Education Agency as required under the Higher Education Act.

(25) Internship--A one-year supervised professional assignment at a public school accredited by the Texas Education Agency or a Texas Education Agency-recognized private school that may lead to completion of a standard certificate.

(26) Pass rate--For each academic year, the percent of tests passed by candidates who have finished all educator preparation program requirements for coursework; training; and internship, student teaching, clinical teaching, or practicum by the end of that academic year. For purposes of determining the pass rate, candidates shall not be excluded because the candidate has not been recommended for certification, has not passed a certification examination, or is not considered a "completer" for purposes of the Higher Education Act or other applicable law. The pass rate is based solely on the examinations required to obtain certification in the field(s) for which the candidate serves his or her internship, student teaching, clinical teaching, or practicum. Examinations not required for certification in that field or fields, whether taken before or after admission to an educator preparation program, are not included. The rate reflects a candidate's success only on the last attempt made on the examination by the end of the academic year in which the candidate finishes the coursework; training; and internship, student teaching, clinical teaching, or practicum program requirements, and does not reflect any attempts made after that year. The formula for calculation of pass rate is the number of successful (i.e., passing) last attempts made by candidates who have finished the specified educator preparation program requirements divided by the total number of last attempts made by those candidates.

(27) Practicum--Practical work in a particular field; refers to student teaching, clinical teaching, internship, or practicum for a professional certificate that is in the school setting.

(28) SAT®--The college entrance examination from the College Board.

(29) Scaled score--A conversion of a candidate's raw score on an examination or a version of the examination to a common scale that allows for a numerical comparison between candidates.

(30) Student teaching--A 12-week full-day teaching practicum in a program provided by an accredited university at a public school accredited by the Texas Education Agency or a Texas Education Agency-recognized private school that may lead to completion of a standard certificate.

(31) Texas Education Agency staff--Staff of the Texas Education Agency assigned by the commissioner of education to perform the SBEC's administrative functions and services.

(32) Willfully or recklessly--With conscious disregard for the requirements of complete and accurate reporting imposed by this chapter.

Comments

Source Note: The provisions of this §229.2 adopted to be effective April 18, 2010, 35 TexReg 2849

§229.3: Required Submissions of Information, Surveys, and Other Data

(a) Educator preparation programs (EPPs), educator preparation candidates, beginning teachers, field supervisors, school principals and administrators, campus mentors, and cooperating teachers shall provide to the Texas Education Agency (TEA) staff all data and information required by this chapter, as set forth in subsection (e) of this section and the Texas Education Code (TEC), §21.045 and §21.0452.

(b) Any individual holding a Texas-issued educator certificate who willfully or recklessly fails to provide information required by this chapter and the TEC, §21.045 and §21.0452, as set forth in subsection (e) of this section, shall be subject to sanction of his or her certificate, including the placement of restrictions, inscribed or non-inscribed reprimand, suspension, or revocation.

(c) Any Texas public school that willfully or recklessly fails to provide information required by this chapter and the TEC, §21.045 and §21.0452, as set forth in subsection (e) of this section, shall be referred to the commissioner of education with a recommendation that sanctions upon its accreditation status be imposed for failure to comply with this section and the TEC, §21.0452.

(d) Any open-enrollment charter school that willfully or recklessly fails to provide information required by this chapter and the TEC, §21.045 and §21.0452, as set forth in subsection (e) of this section, shall be referred to the commissioner of education with a recommendation that sanctions be imposed for failure to comply with this section and the TEC, §21.0452.

(e) All required EPP data for an academic year shall be submitted to the TEA staff annually on September 15 following the end of that academic year. All surveys and information required to be submitted pursuant to this chapter by school administrators and principals shall be submitted by June 15 of any academic year in which the school administrator and principal have had experience with a candidate or beginning teacher who was a participant in an EPP. All surveys and information required to be submitted pursuant to this chapter by EPP candidates shall be submitted by August 1 of each academic year in which it is required.

(f) The following apply to data submissions required by this chapter.

(1) EPPs shall provide data for all candidates as specified in the figure provided in this paragraph.

Attached Graphic

(2) Participants in an EPP shall complete a survey, in a form approved by the State Board for Educator Certification (SBEC), evaluating the preparation he or she received in the EPP. Completion and submission to the SBEC of the survey is a requirement for issuance of a standard certificate.

(3) Principals or designated administrators in Texas public schools and open-enrollment charter schools shall complete individual teacher performance surveys, in a form to be approved by the SBEC, for each beginning teacher under the supervision of an EPP.

(4) Principals or designated administrators in Texas public schools and open-enrollment charter schools shall complete surveys, in a form to be approved by the SBEC, evaluating the effectiveness of preparation for classroom success for each EPP with which the principals or designated administrators have had experience in the previous year.

Comments

Source Note: The provisions of this §229.3 adopted to be effective April 18, 2010, 35 TexReg 2849

§229.4: Determination of Accreditation Status

(a) The accreditation status of an educator preparation program (EPP) shall be determined at least annually, based on performance standards established in rule by the State Board for Educator Certification (SBEC), with regard to the following EPP accountability performance indicators, disaggregated with respect to gender and ethnicity (according to the aggregate reporting categories for ethnicity established by the Higher Education Act), and other requirements of this chapter:

(1) the pass rate performance standard of certification examinations of EPP candidates shall be:

(A) 70% for the 2009-2010 academic year;

(B) 75% for the 2010-2011 academic year; and

(C) 80% for the 2011-2012 academic year;

(2) the results of appraisals of beginning teachers by school administrators, based on an appraisal document and standards that must be independently developed by the Texas Education Agency (TEA) staff and approved by the SBEC;

(3) to the extent practicable, as valid data become available and performance standards are developed, the improvement in student achievement of students taught by beginning teachers for the first three years following certification; and

(4) the results of data collections establishing EPP compliance with SBEC requirements specified in §228.35(f) of this title (relating to Preparation Program Coursework and/or Training), regarding the frequency, duration, and quality of field supervision of beginning teachers during their first year in the classroom.

(A) The 2009-2010 academic year will be a pilot year for these data collections.

(B) For the 2010-2011 academic year, the performance standard will be a 90% compliance rate with SBEC requirements as to the frequency, duration, and required documentation of field supervision for each EPP candidate.

(C) For the 2011-2012 academic year, the performance standard will be a 95% compliance rate with SBEC requirements as to the frequency, duration, and required documentation of field supervision for each EPP candidate.

(b) An EPP shall be assigned an Accredited status if the EPP has met the accountability performance standards described in subsection (a) of this section and has been approved by the SBEC to prepare, train, and recommend candidates for certification.

(c) An EPP shall be assigned Accredited-Not Rated status upon initial approval to offer educator preparation, until the EPP can be assigned a status based on the performance standards described in subsection (a) of this section. An EPP is fully accredited and may recommend candidates for certification while it is in Accredited-Not Rated status.

(d) Accredited-Warned status. An EPP shall be assigned Accredited-Warned status if the EPP:

(1) fails to meet the performance standards set by the SBEC for the overall performance of all its candidates on any of the four performance indicators set forth in subsection (a) of this section in any one year;

(2) fails to meet the standards in any two gender or ethnicity demographic groups on any of the four performance indicators set forth in subsection (a) of this section in any one year; or

(3) fails to meet the standards for a gender or ethnicity demographic group on any of the four performance indicators set forth in subsection (a) of this section for two consecutive years, regardless of whether the deficiency is in the same demographic group or standard.

(e) Accredited-Probation status. An EPP shall be assigned Accredited-Probation status if the EPP:

(1) fails to meet the performance standards set by the SBEC for the overall performance of all its candidates on any of the four performance indicators set forth in subsection (a) of this section for two consecutive years;

(2) fails to meet the standards in any three gender or ethnicity demographic groups on any of the four performance indicators set forth in subsection (a) of this section in any one year; or

(3) fails to meet the standards for a gender or ethnicity demographic group on any of the four performance indicators set forth in subsection (a) of this section for three consecutive years, regardless of whether the deficiency is in the same demographic group or standard.

(f) Not Accredited-Revoked status.

(1) An EPP shall be assigned Not Accredited-Revoked status and its approval to recommend candidates for educator certification revoked if it is assigned Accredited-Probation status for three consecutive years.

(2) An EPP may be assigned Not Accredited-Revoked status if the EPP is assigned Accredited-Probation status for two consecutive years, and the SBEC determines that revoking the EPP's approval is reasonably necessary to achieve the purposes of the TEC, §21.045 and §21.0451.

(3) An assignment of Not Accredited-Revoked status and revocation of EPP approval to recommend candidates for educator certification is subject to the requirements of notice, record review, and appeal as described in this chapter.

(4) A revocation of an EPP approval shall be effective for a period of two years, after which a program may reapply for approval as a new EPP pursuant to Chapter 228 of this title (relating to Requirements for Educator Preparation Programs).

(5) Upon revocation of EPP approval, the EPP may not admit new candidates for educator certification, but may complete the training of candidates already admitted by the EPP and recommend them for certification. If necessary, TEA staff and other EPPs shall cooperate to assist the previously admitted candidates of the revoked EPP to complete their training.

(g) Small group exception.

(1) If any EPP candidate group subject to the performance standards described in this chapter, including groups disaggregated by gender, ethnicity, and certification field, fails to meet the required academic year aggregate standard for any applicable class of performance indicators, and the group contains ten or fewer individuals, the failure to meet the performance standard shall not be counted for purposes of accreditation status determination for that academic year.

(2) The next year's performance indicators of a group not counted the previous year shall be combined with the group's preceding year performance indicators, and if the cumulated performance indicators fail to meet the required aggregate standard for any applicable class of performance indicators, the group shall be counted as failing to meet performance standards for that academic year, as long as the cumulative number of individual performance indicators exceeds ten.

(3) If the two-year cumulated performance indicators fail to meet performance standards but still do not exceed ten individual performance indicators, the group shall not be counted again that year. The two-year cumulated performance indicators shall then be combined with the following year performance indicators of the group. The three-year cumulated performance indicators of the group must be measured against the standards in that third year, regardless of how small the cumulated number of individual performance indicators may be.

(4) The performance indicators of a group shall be measured against performance standards described in this chapter in any one year in which the number of individual performance indicators or cumulated number of individual performance indicators as provided herein exceeds ten.

(5) After a year in which a group has been counted as failing to meet a performance standard, the individual performance indicators of the group related to that standard shall be counted in each subsequent consecutive year thereafter in which the performance indicators of the group fail to meet the standard, regardless of how small the number of individual performance indicators in the group may continue to be.

(6) An EPP shall develop and file with TEA an action plan as required in subsection (h) of this section after one of its candidate groups fails to meet a performance standard regardless of whether the group contains less than ten performance indicators and is not counted for accreditation status purposes as failing to meet a performance standard.

(h) An EPP that fails to meet a required performance standard shall develop an action plan addressing the deficiencies and describing the steps the program will take to improve the performance of its candidates, especially regarding the performance standard that was not met. TEA staff may prescribe the information that must be included in the action plan. The action plan must be sent to TEA staff no later than 45 calendar days following notification to the EPP of the failure to meet a performance standard.

Comments

Source Note: The provisions of this §229.4 adopted to be effective April 18, 2010, 35 TexReg 2849

§229.5: Accreditation Sanctions and Procedures

(a) If an educator preparation program (EPP) has been assigned Accredited-Warned or Accredited-Probation status, or if the State Board for Educator Certification (SBEC) determines that additional action is a necessary condition for the continuing approval of an EPP to recommend candidates for educator certification, the SBEC may take any one or more of the following actions, which shall be reviewed by the SBEC at least annually:

(1) require the EPP to obtain technical assistance approved by the Texas Education Agency (TEA) or SBEC;

(2) require the EPP to obtain professional services approved by the TEA or SBEC; and/or

(3) appoint a monitor to participate in the activities of the EPP and report the activities to the TEA or SBEC.

(b) Notwithstanding the accreditation status of an EPP, if the performance of all candidates admitted to an individual certification field offered by an EPP fail to meet any of the standards in §229.4(a) of this title (relating to Determination of Accreditation Status) for three consecutive years, the approval to offer that certification field shall be revoked. Any candidates already admitted for preparation in that field may continue in the EPP and be recommended for certification after program completion, but no new candidates shall be admitted for preparation in that field unless and until the SBEC reinstates approval for the EPP to offer that certification field.

(c) Performance indicators by gender and ethnic groups shall not be counted for purposes of subsection (b) of this section, relating to performance standards for individual certification fields. If the number of counted performance indicators for a certification field is ten or fewer, and the performance indicators fail to meet any of the standards in §229.4(a) of this title, those performance indicators shall not count that year, but shall be cumulated and counted in the same manner as provided in §229.4(c) and (d) of this title.

(d) An EPP shall be notified in writing regarding any action taken pursuant to this section, or the assignment of an accreditation status of Accredited-Warned, Accredited-Probation, or Not Accredited-Revoked. The notice shall state the basis on which the action is taken or the assignment of the accreditation status is made.

(e) All costs associated with providing or requiring technical assistance, professional services, or the appointment of a monitor pursuant to this section shall be paid by the EPP to which the services are provided or required, or its sponsor.

Comments

Source Note: The provisions of this §229.5 adopted to be effective April 18, 2010, 35 TexReg 2849

§229.6: Continuing Approval

(a) The continuing approval of an educator preparation program (EPP) to recommend candidates for educator certification, which shall be reviewed pursuant to §228.10(c) of this title (relating to Approval Process), will be based upon the EPP's accreditation status and compliance with the State Board for Educator Certification (SBEC) rules regarding program admissions, operations, coursework, training, recommendation for certification, and the integrity of required data submissions.

(b) After a continuing approval review pursuant to §228.10(c) of this title, if the Texas Education Agency (TEA) staff finds that an EPP has willfully or recklessly failed to comply with SBEC rules relating to the qualifications of candidates recommended for certification or to the integrity of reported program data, the TEA staff may issue a proposal for SBEC action relating to the EPP's approval to recommend candidates for educator certification. The proposal for SBEC action may include, but is not limited to, public reprimand, revocation of program approval, or the imposition of conditions upon continuing program approval.

(c) TEA staff shall provide notice of the proposal for SBEC action relating to the EPP's continuing approval to recommend candidates for educator certification in the manner provided by §229.7 of this title (relating to Record Review of Certain Decisions), and an EPP shall be entitled to a record review of the proposal, under the conditions and procedures set out in §229.7 of this title, prior to the submission of the proposal for action to the SBEC.

(d) Following the record review, a proposal for decision will be issued by the TEA representative and submitted to the SBEC for entry of a final order. The final order may include changes or additions to the proposed order and such modifications are not subject to another record review procedure. This order may be appealed only if the final order issued by the SBEC orders revocation of approval of an EPP to recommend candidates for educator certification, as provided by §229.8 of this title (relating to Accreditation Revocation Appeals).

Comments

Source Note: The provisions of this §229.6 adopted to be effective April 18, 2010, 35 TexReg 2849

§229.7: Record Review of Certain Decisions

(a) Applicability. This section applies only to a notice required under §229.5(d) of this title (relating to Accreditation Sanctions and Procedures) or under §229.6(c) of this title (relating to Continuing Approval) proposing to:

(1) require an educator preparation program (EPP) or a particular field of certification offered by an EPP to obtain technical assistance as provided by the Texas Education Code (TEC), §21.0451(a)(2)(A);

(2) require an EPP or a particular field of certification offered by an EPP to obtain professional services as provided by the TEC, §21.0451(a)(2)(B);

(3) appoint a monitor for an EPP or a particular field of certification offered by an EPP as provided by the TEC, §21.0451(a)(2)(C);

(4) assign an accreditation status of Accredited-Warned, Accredited-Probation, or Not Accredited-Revoked, as specified in §229.4 of this title (relating to Determination of Accreditation Status);

(5) issue a public reprimand or impose conditions on the continuing approval of an EPP to recommend candidates for certification pursuant to §229.5(d) of this title;

(6) revoke the approval of an EPP to recommend candidates for certification in a particular field of certification; or

(7) revoke the approval of an EPP to recommend candidates for certification.

(b) Notice. Notice of a proposed order or change in accreditation status, subject to this section, shall be made as provided by §229.5(d) and §229.6(c) of this title, and this section.

(1) The notice shall attach or make reference to all information on which the proposed order is based.

(A) Information maintained on the Texas Education Agency (TEA) and State Board for Educator Certification (SBEC) websites may be referenced by providing a general citation to the information.

(B) The TEA and SBEC reports previously sent to the EPP may be referenced by providing the title and date of the report.

(C) On request, the TEA shall provide copies of, or reasonable access to, information referenced in the notice.

(2) The notice shall state the procedures for requesting a record review of the proposed order or change in accreditation status under this section, including the name and department of the TEA representative to whom a request for record review may be addressed.

(3) The notice shall set a deadline for requesting a record review, which shall not be less than ten calendar days from the date of receipt of the notice. The notice may be delivered by mail, personal delivery, facsimile, or email.

(c) Request. The chief operating officer of the EPP may request, in writing, a record review under this section.

(1) The request must be properly addressed to the TEA representative identified in the notice under subsection (b)(2) of this section and must be received by the TEA representative on or before the deadline specified in subsection (b)(3) of this section.

(2) A timely and sufficient request for record review is a prerequisite for any appeal of the proposed order under §229.8 of this title (relating to Accreditation Revocation Appeals).

(d) Preliminary matters.

(1) In response to a request under subsection (c) of this section, the TEA representative shall provide written notice to the EPP of the date, time, and place for the record review.

(A) In the written notice, the TEA representative may:

(i) set time limits for presentations on the record review;

(ii) set deadlines for exchanging documents prior to the record review;

(iii) set deadlines for identifying participants who may present information or ask questions during the record review; and

(iv) provide any other instructions on the conduct of the record review.

(B) The TEA representative may consider reasonable requests to reschedule the record review and associated deadlines, but shall give primary importance to the need for a timely resolution of the matter under record review.

(C) The record review shall be completed on or before the expiration of 30 calendar days following receipt of the request under subsection (c) of this section.

(D) Timely completion of the record review under subsection (c) of this section is a prerequisite for an appeal of the proposed order under §229.8 of this title.

(2) The EPP shall submit any written information to the TEA representative in advance of the record review. To be considered part of the record, such information must also be presented during the record review.

(3) In its request for record review, or within a reasonable time thereafter, the EPP may request that specific TEA staff attend the record review to assist the TEA representative in reviewing the information presented.

(A) Such request shall be limited to TEA staff directly involved in the development of the information identified in the notice under subsection (b) of this section.

(B) If reasonable and practicable, the TEA representative shall schedule the record review so as to allow the requested TEA staff to attend.

(4) At all times prior to the record review, the EPP is encouraged to contact the office of the TEA representative to discuss the process and to facilitate preliminary matters. However, such communications will not be recorded and will not be considered part of the record.

(5) The EPP identification number of the affected entity must be included in all written correspondence on the record review, as well as the date the notice was issued under subsection (b) of this section. Correspondence relating to the record review may be made part of the record.

(6) All deadlines under this section shall be calculated from the date of actual receipt. No mailbox rule applies.

(e) Record review.

(1) The TEA representative shall meet with the chief operating officer and/or representatives of the EPP at the TEA headquarters in Austin, Texas, to receive oral and written information.

(2) The proceedings shall be recorded by audiotape or similar means. The audiotape and all written information presented during the record review shall comprise the official record of the proceedings.

(3) The EPP may have legal counsel present during the proceedings.

(4) The EPP may present information verbally and in writing and may rebut information presented by the TEA staff.

(5) The rules of evidence do not apply. Presentations need not follow question-and-answer format.

(6) The EPP may ask questions of the TEA staff. The TEA representative may designate a specific portion of the meeting for this purpose.

(7) The TEA representative may ask questions of any participant directly or through the TEA staff.

(8) The TEA representative shall strictly confine presentations and questions to the matters set forth in the notice and shall exclude information that is irrelevant, immaterial, or unduly repetitious.

(9) On request, the TEA representative shall include in the record a brief written proffer describing any information excluded under paragraph (8) of this subsection. In lieu of a written proffer, an oral statement may be recorded on a separate audiotape. If the excluded information is in writing, the document shall be identified as excluded and preserved with the record.

(10) The TEA representative may take official notice of generally recognized information within the TEA staff's area of specialized knowledge.

(A) Each party shall be notified, either before or during the record review, of the material officially noticed, including TEA staff memoranda or information.

(B) Any participant may present information to rebut information that is officially noticed.

(11) The special skills and knowledge of the TEA representative and staff shall be used in evaluating all information presented during the record review.

(12) At the request of the EPP, a record review may be conducted by telephone or similar means.

(13) A participant may present information via telephone or similar means during any record review.

(f) Final order. Following the record review, a proposal for decision will be issued by the TEA representative and submitted to the SBEC for entry of a final order. The final order may include changes or additions to the proposed order and such modifications are not subject to another record review procedure. This order may be appealed only as provided by §229.8 of this title.

(g) No request. If no record review is requested by the deadline specified in subsection (b)(3) of this section, a final order may be issued without record review. An order issued without record review may not be appealed under §229.8 of this title, or otherwise.

(1) The approval of an EPP to provide educator preparation is automatically:

(A) revoked, void, and of no further force or effect on the effective date of a final decision by the SBEC ordering the EPP closed under this subsection; and

(B) modified to remove authorization for an individual certification field on the effective date of a final decision by the SBEC ordering the EPP closed under this subsection.

(2) If sanctions other than revocation of approval and EPP closure are imposed on an EPP under the procedures provided by this subsection, an EPP is not entitled to any additional hearing or appeal.

(h) Other law. Texas Government Code, Chapter 2001, and the TEC, §7.057, do not apply to a record review under this section.

Comments

Source Note: The provisions of this §229.7 adopted to be effective April 18, 2010, 35 TexReg 2849

§229.8: Accreditation Revocation Appeals

(a) Applicability. This section applies only to a final order issued under §229.5 of this title (relating to Accreditation Sanctions and Procedures) or §229.6 of this title (relating to Continuing Approval) that orders revocation of approval and closure of an educator preparation program (EPP) and does not apply to a final decision or order assigning Accredited-Warned or Accredited-Probation status or ordering any other sanction, including, without limitation, withdrawing approval to offer a specific certification field, public reprimand, imposing conditions upon continuing approval, requiring technical assistance, requiring professional services, or appointing a monitor.

(b) Applicability of other law. An appeal under this section shall be governed by the contested case procedures provided by Chapter 157, Subchapter EE, of this title (relating to Review by State Office of Administrative Hearings: Certain Accreditation Sanctions) and Texas Government Code, Chapter 2001. To the extent that a provision of this section conflicts with a rule or practice of the State Office of Administrative Hearings (SOAH), this section shall prevail.

(c) Petition for review. An EPP subject to a decision (final order), made applicable to this section by subsection (a) of this section, may file with the State Board for Educator Certification (SBEC) a petition for review of that decision not later than 30 calendar days after the date the decision to be reviewed is received by the EPP. The decision may be delivered by mail, personal delivery, facsimile, or email.

(1) The petition for review shall include a copy of the challenged decision and any attachments or exhibits and incorporated documents.

(2) The petition for review shall concisely state, in numbered paragraphs:

(A) if alleging the decision was made in violation of a statutory provision, the statutory provision violated and the specific facts supporting a conclusion that the statute was violated by the decision;

(B) if alleging the decision was made in excess of the SBEC's statutory authority, the SBEC's statutory authority and the specific facts supporting a conclusion that the decision was made in excess of this authority;

(C) if alleging the decision was made through unlawful procedure, the lawful procedure and the specific facts supporting a conclusion that the decision was made through unlawful procedure;

(D) if alleging the decision was affected by other error of law, the law violated and the specific facts supporting a conclusion that the decision violated that law;

(E) if alleging the decision was not reasonably supported by substantial evidence considering the reliable and probative evidence in the record as a whole, each finding, inference, conclusion, or decision that was unsupported by substantial evidence in the record;

(F) if alleging the decision was arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion, each finding, inference, conclusion, or decision affected and the specific facts supporting a conclusion that each was so affected; and

(G) for each violation, error, or defect alleged under subparagraphs (A)-(F) of this paragraph, the substantial rights of the EPP that were prejudiced by such violation, error, or defect.

(3) A petition for review shall further contain:

(A) a concise statement of the relief sought by the EPP (petitioner); and

(B) the name, mailing address, telephone number, and facsimile number of the petitioner's representative.

(4) A request for relief in a review under this section may not be made orally or as part of the record at a record review, prehearing conference, or hearing.

(5) Failure to comply with the requirements of this subsection shall result in dismissal of the petition for review. A petition for review may not be amended or supplemented after the deadline for filing a petition for review.

(6) The SBEC shall transmit the petition for review to the SOAH with a request that it be docketed.

(7) If the SBEC chooses to file an answer, the answer must be filed by the date the record is filed under subsection (l) of this section.

(d) Standard of review. A challenge under this section shall be governed by the substantial evidence rule as provided by the Texas Government Code, §2001.174 and §2001.175, and judicial case precedents construing those provisions.

(e) Matters within SBEC's discretion. The SOAH may not substitute the SOAH judgment for the judgment of the SBEC on questions committed to the SBEC's discretion. Questions committed to the SBEC's discretion include, but are not limited to, the following:

(1) any questions arising under a statute, rule, or other legal standard that requires or permits the SBEC to make a decision within general legal guidelines that do not mandate a specific result under the circumstances; and

(2) the execution of any act authorized or required to be taken by the SBEC.

(f) Weight of evidence. The SOAH may not substitute the SOAH judgment for the judgment of the SBEC on the weight to be assigned the evidence before the SBEC.

(g) SOAH decisions. The SOAH may affirm the SBEC decision in whole or in part. The SOAH shall reverse and remand the decision for further proceedings if substantial rights of the EPP have been prejudiced because the administrative findings, inferences, conclusions, or decisions of the SBEC are:

(1) in violation of a statutory provision;

(2) in excess of the SBEC's authority;

(3) made through unlawful procedure;

(4) affected by other error of law;

(5) not reasonably supported by substantial evidence considering the reliable and probative evidence in the record as a whole; or

(6) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

(h) Remand. An order of remand may not direct or control the SBEC's exercise of discretion on a matter committed to the SBEC's discretion by the Texas Education Code (TEC), Chapter 21, Subchapter B, and the SBEC shall continue to exercise that discretion after remand. On remand, the SBEC shall apply the facts and law as determined by the SOAH to reach a new decision in light of all the circumstances of the case.

(i) Scope of review. The administrative law judge (ALJ) is confined to the SBEC record, except that the ALJ may receive evidence of procedural irregularities alleged to have occurred before the SBEC that are not reflected in the record.

(j) Additional evidence. A party may apply to the ALJ to present additional evidence of procedural irregularities alleged to have occurred before the SBEC that are not reflected in the record. If the additional evidence is material to the outcome of the review, and if there were good reasons for the failure to present it in the proceeding before the SBEC, the ALJ may order that the additional evidence be taken before the SBEC or its TEA representative on conditions determined by the ALJ. The SBEC shall file the additional evidence and any changes, new findings, or decisions with the ALJ. The ALJ may not take testimony, question witnesses, administer oaths, rule on questions of evidence, or compel discovery or disclosure of evidence in any form.

(k) Components of SBEC record. The SBEC record of proceedings shall include the following components, as specified under §229.7 of this title (relating to Record Review of Certain Decisions):

(1) the notice of proposed order, including all information referenced in the notice;

(2) the request for record review, including any request for the attendance of specific TEA staff under §229.7(d)(3) of this title;

(3) any written correspondence made a part of the record by the TEA representative under §229.7(d)(5) of this title;

(4) any audiotapes or similar recordings made a part of the record by the TEA representative under §229.7(d) of this title;

(5) all audiotapes or similar recordings of the record review and any recorded telephone conferences, proffers of excluded information, or other recorded proceedings before the TEA representative under §229.7 of this title;

(6) all written information presented to the TEA representative during the record review;

(7) a description of all matters officially noticed; and

(8) the final order issued under §229.7(f) of this title.

(l) Proceedings regarding SBEC record. The SBEC shall file the original or a certified copy of the entire record of the proceeding under review not later than 20 calendar days after the date the petition for review is filed, unless additional time is allowed by the ALJ. The record may be shortened by stipulation of all parties to the review proceedings. The ALJ may assess costs against a party who unreasonably refuses to stipulate to limit the record, unless that party is required to pay all costs of record preparation. The petitioner shall offer, and the ALJ shall admit, the TEA record into evidence as an exhibit. The ALJ may require or permit later corrections or additions to the record.

(m) Enforcement of decision pending review. The pendency of a review under this section does not stay or otherwise affect the enforcement of the SBEC decision challenged under this chapter.

(n) Expedited review. The SOAH shall expedite its review of a challenge under this section. The ALJ shall issue a pre-hearing order initially setting a date for closure of the record that is not later than 30 calendar days after the date the petition for review is filed. The ALJ may grant a continuance of the record closure date only for good cause shown. The ALJ may not order a settlement conference, mediation, or other form of alternative dispute resolution. The ALJ shall issue a final order not later than 30 calendar days after the date on which the record is finally closed.

(o) Final decision. The decision of the ALJ is final and may not be appealed. The decision of the ALJ:

(1) must rule on any mandatory sanction required by the TEC, §21.0451;

(2) may not order a sanction or relief that the SBEC is not authorized to order under applicable law; and

(3) may not change an accreditation status.

Comments

Source Note: The provisions of this §229.8 adopted to be effective April 18, 2010, 35 TexReg 2849

§229.9: Fees for Educator Preparation Program Approval and Accountability

An educator preparation program requesting approval and continuation of accreditation status shall pay the applicable fee from the following list.

(1) New educator preparation program application (nonrefundable; includes pre-approval visit)--$1,000.

(2) New educator preparation program approval (includes post-approval visit)--$1,000.

(3) Ten-year reapplication for an educator preparation program approved after August 31, 2008 (includes approval visit)--$2,000.

(4) Five-year continuing approval visit pursuant to §228.10(c) of this title (relating to Approval Process)--$1,500.

(5) Monitoring or technical assistance visit--$1,500.

(6) Addition of new certification field or addition of clinical teaching--$500.

(7) Addition of each new class of certificate--$1,000.

Comments

Source Note: The provisions of this §229.9 adopted to be effective April 18, 2010, 35 TexReg 2849

Chapter 230

Subchapter A

§230.1: Definitions

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

(1) Certificate--Any credential issued by the State Board for Educator Certification (SBEC) under the authority of the Texas Education Code (TEC), Chapter 21, Subchapter B.

(2) Educator--A person who is required to hold a certificate issued under the TEC, Chapter 21, Subchapter B.

(3) Educator preparation program--An entity approved by the SBEC to recommend candidates in one or more educator certification fields.

(4) Examination--An examination or other test required by statute or SBEC rule that governs an individual's admission to an educator preparation program; certification as an educator; continuation as an educator; or advancement as an educator.

(5) Mentor--For a classroom teacher, a certified educator assigned by the campus administrator who has completed mentor training; who guides, assists, and supports the beginning teacher in areas such as planning, classroom management, instruction, assessment, working with parents, obtaining materials, district policies; and who reports the beginning teacher's progress to that teacher's educator preparation program.

(6) Private school--A school whose educational program has been evaluated by a state department of education or regional accrediting agency and whose program has met and is maintaining certain educational standards.

(7) 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.

(8) Texas Education Agency staff--Staff of the Texas Education Agency (TEA) assigned by the commissioner of education to perform the SBEC's administrative functions and services.

(9) Texas public school--A school accredited by the TEA under the TEC, §39.073.

Comments

Source Note: The provisions of this §230.1 adopted to be effective June 21, 2009, 34 TexReg 3930

Subchapter B

§230.5: Educator Assessment

(a) A candidate seeking admission to an approved educator preparation program for initial certification must be assessed for basic skills in reading, written communication, and mathematics.

(b) A candidate seeking certification as an educator must pass examinations required by the Texas Education Code (TEC), §21.048, and the State Board for Educator Certification (SBEC) in §233.1(e) of this title (relating to General Authority).

(c) A candidate seeking a standard certificate as an educator based on completion of an approved educator preparation program may take the appropriate certification examinations required by subsection (b) of this section at such time as the educator preparation program determines the candidate's readiness to take the examinations, or upon successful completion of the educator preparation program, whichever comes first.

(d) The holder of a Texas certificate effective before February 1, 1986, must pass examinations prescribed by the SBEC to be eligible for continued certification, unless the individual has passed the Texas Examination of Current Administrators and Teachers (TECAT).

(e) For an examination or other assessment required by law or under the provisions of this title, the SBEC approves the satisfactory level of performance required, a schedule of examination fees, and a plan for administering the examination.

(f) Scores from examinations required under this title must be made available to the examinee, the Texas Education Agency (TEA) staff, and, if appropriate, the educator preparation program from which the examinee will seek a recommendation for certification.

(g) A candidate seeking an exemption under the TEC, §21.048, must have a report submitted to the TEA staff by an audiologist licensed by the State of Texas, documenting that the candidate is hearing impaired as defined in the TEC, §21.048(d)(1). The report from the audiologist may not be dated more than one year from the date of application for the exemption.

(h) The following provisions concern test security and confidential integrity.

(1) An educator who participates in the development, design, construction, review, field testing, or validation of an examination shall not reveal or cause to be revealed the contents of the examination to any other person.

(2) An educator who administers an examination shall not:

(A) allow or cause an unauthorized person to view any part of the examination;

(B) copy, reproduce, or cause to be copied or reproduced any part of the examination;

(C) reveal or cause to be revealed the contents of the examination;

(D) correct, alter, or cause to be corrected or altered any response to a test item contained in the examination;

(E) provide assistance with any response to a test item contained in the examination or cause assistance to be provided; or

(F) deviate from the rules governing administration of the examination.

(3) An educator who violates subsection (b) or (c) of this section is subject to sanction in accordance with the provisions of the TEC, §21.041(b)(7), and Chapter 249 of this title (relating to Disciplinary Proceedings, Sanctions, and Contested Cases).

(4) An educator who is an examinee shall not:

(A) copy, reproduce, or cause to be copied or reproduced any test item contained in the examination;

(B) provide assistance with any response to a test item contained in the examination, or cause assistance to be provided;

(C) solicit or accept assistance with any response to a test item contained in the examination;

(D) deviate from the rules governing administration of the examination; or

(E) otherwise engage in conduct that amounts to cheating, deception, or fraud.

(5) An educator who violates this subsection is subject to:

(A) sanction in accordance with the provisions of the TEC, §21.041(b)(7), and Chapter 249 of this title;

(B) voiding of a score from an examination in which a violation specified in this subsection occurred; and

(C) disallowance and exclusion from future examinations either in perpetuity or for a period of time that serves the best interests of the education profession.

Comments

Source Note: The provisions of this §230.5 adopted to be effective December 5, 1996, 21 TexReg 11480; amended to be effective April 28, 1997, 22 TexReg 3581; amended to be effective July 11, 1999, 24 TexReg 5012; amended to be effective June 7, 2000, 25 TexReg 5331; amended to be effective August 29, 2001, 26 TexReg 6298; amended to be effective June 21, 2009, 34 TexReg 3930

Subchapter M

§230.411: Purpose

The purpose of certifying public school educators is to identify qualified and professionally prepared individuals. The certification shall comply with the Texas Education Code, Chapter 21, Subchapter B, and rules adopted by the State Board for Educator Certification.

Comments

Source Note: The provisions of this §230.411 adopted to be effective December 5, 1996, 21 TexReg 11480; amended to be effective June 21, 2009, 34 TexReg 3930

§230.412: Standard Certificate Requirements

(a) Standard classroom teacher certificates, including special education certificates, career and technical education certificates, and endorsement areas, based on completion of an approved educator preparation program shall require:

(1) at least a baccalaureate degree and, for certain career and technical education certificates, preparation and experience in a skill area as specified in Subchapter P of this chapter (relating to Requirements for Standard Certificates and Specialized Assignments or Programs);

(2) recommendation by an approved educator preparation program; and

(3) submission of a passing score on a comprehensive examination prescribed by the State Board for Educator Certification as specified in §230.5 of this title (relating to Educator Assessment).

(b) Standard career and technical education certificates based on experience and preparation in a skill area shall require:

(1) preparation and experience in a skill area and, for certain career and technical education certificates, completion of a baccalaureate degree; and

(2) recommendation by an educator preparation program approved to offer professional development courses required for career and technical education certification.

Comments

Source Note: The provisions of this §230.412 adopted to be effective June 21, 2009, 34 TexReg 3930

§230.413: General Requirements

(a) The only credits and degrees acceptable for certification of educators are those earned from and conferred by institutions of higher education that at the time were accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board. All credit hour requirements for certification are semester credit hours or their equivalent.

(b) An applicant for a Texas educator certificate must:

(1) be at least 18 years old;

(2) successfully resolve any criminal history and not be disqualified or the subject of a pending proceeding under Chapter 249 of this title (relating to Disciplinary Proceedings, Sanctions, and Contested Cases);

(3) not be disqualified by federal law;

(4) be willing to support and defend the constitutions of the United States and Texas;

(5) be able to speak and understand the English language sufficiently to use it easily and readily in conversation and teaching. English language proficiency may be evidenced by one of the following:

(A) completion of an undergraduate or graduate degree at an institution of higher education in the United States;

(B) if an undergraduate or graduate degree was earned at an institution of higher education outside of the United States, evidence must be provided under procedures approved by the Texas Education Agency (TEA) staff that the primary language of instruction was English;

(C) completion of a state-approved educator preparation program within the United States;

(D) verification of three creditable years of teaching experience as defined in Chapter 153, Subchapter CC, of this title (relating to Commissioner's Rules on Creditable Years of Service), in an educational setting within the United States or, if the experience was earned in an educational setting outside of the United States, evidence under procedures approved by the TEA staff that the primary language of instruction was English; or

(E) verification of satisfactory scores on an English language proficiency examination(s) approved by the TEA staff;

(6) successfully complete appropriate examinations prescribed in §230.5 of this title (relating to Educator Assessment) for the educator certificate sought; and

(7) satisfy one or more of the following requirements:

(A) complete academic requirements specified in Subchapters P or S of this chapter (relating to Requirements for Standard Certificates and Specialized Assignments or Programs and Educational Aide Certificate); Chapter 239 of this title (relating to Student Services Certificates); Chapter 241 of this title (relating to Principal Certificate); Chapter 242 of this title (relating to Superintendent Certificate), or complete requirements for the certificates specified in Chapter 233 of this title (relating to Categories of Classroom Teaching Certificates) and be recommended for certification by an approved educator preparation program;

(B) qualify under Subchapter O of this chapter (relating to Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States);

(C) qualify under §230.437 of this title (relating to Issuance of Additional Certificates Based on Examination);

(D) qualify for a career and technical education certificate based on skill and experience specified in Subchapter P of this chapter or Chapter 233 of this title;

(E) qualify under Chapter 245 of this title (relating to Certification of Educators from Other Countries); or

(F) qualify for certification under §232.5 of this title (relating to Temporary Teacher Certificates).

Comments

Source Note: The provisions of this §230.413 adopted to be effective December 5, 1996, 21 TexReg 11480; amended to be effective April 28, 1997, 22 TexReg 3584; amended to be effective February 3, 2000, 25 TexReg 566; amended to be effective June 9, 2002, 27 TexReg 4696; amended to be effective April 25, 2004, 29 TexReg 3959; amended to be effective June 21, 2009, 34 TexReg 3930

Subchapter N

§230.431: Procedures in General

(a) The State Board for Educator Certification (SBEC), in compliance with SBEC rules, shall issue appropriate certificates to qualified individuals who meet all requirements.

(1) The certificate shall identify the name of the holder, the class, grade levels, and subject areas of the certificate, and bear the signature of the SBEC chair.

(2) A certificate that is issued shall be transmitted to the applicant as expeditiously as possible.

(b) Permanent records of all certificates, permits, and supporting documentation shall be maintained by the Texas Education Agency (TEA) staff.

(c) An applicant for or holder of an educator's certificate shall provide the TEA staff a current mailing address. The applicant for or holder of an educator's certificate shall notify the TEA staff of a change of address within 45 calendar days of the effective date of such change, unless another rule under this title requires earlier notification.

(d) The representation of an individual's certificate status as maintained on the SBEC website is considered to be the official record of educator certification. This electronic representation of the certificate satisfies Texas Education Code, §21.053(a), which requires individuals to present their certificate prior to employment by a school district. A hard copy may be requested at the time of application.

Comments

Source Note: The provisions of this §230.431 adopted to be effective December 5, 1996, 21 TexReg 11480; amended to be effective September 2, 1999, 24 TexReg 6747; amended to be effective December 2, 2002, 27 TexReg 11143; amended to be effective June 21, 2009, 34 TexReg 3930

§230.432: Candidates of Approved Educator Preparation Programs

An appropriate certificate may be issued to a candidate who completes all requirements of a State Board for Educator Certification-approved educator preparation program. The candidate must complete the appropriate application and pay the designated fee. The certification officer representing the approved educator preparation program shall submit to the Texas Education Agency staff a recommendation for the issuance of the appropriate certificate, indicating the date on which all requirements were completed.

Comments

Source Note: The provisions of this §230.432 adopted to be effective December 5, 1996, 21 TexReg 11480; amended to be effective June 21, 2009, 34 TexReg 3930

§230.433: Duplicate Certificates

A duplicate of an active, valid certificate shall be issued when the Texas Education Agency staff receives a completed application and fee.

Comments

Source Note: The provisions of this §230.433 adopted to be effective December 5, 1996, 21 TexReg 11480; amended to be effective September 2, 1999, 24 TexReg 6747; amended to be effective June 21, 2009, 34 TexReg 3930

§230.434: Effective Dates of Certificates and Permit Issuance

(a) Issuance date of a certificate.

(1) The date of issuance shall not precede the date all certification requirements are completed.

(2) The issuance date of a certificate recommended by an approved educator preparation program shall be the date the recommending educator preparation program verifies that the applicant has satisfied all certification requirements.

(3) A certificate shall not become effective more than 60 calendar days before the Texas Education Agency (TEA) staff receives the application, and may not precede the date all certification, degree, and examination requirements are completed.

(4) A certificate shall be valid for the entire month in which it is issued.

(b) Effective date of a permit.

(1) A permit shall become effective on the date of the assignment, provided the TEA staff receives the application within 60 calendar days of the date of the assignment.

(2) If the permit application is completed and signed by the applicant and superintendent or his or her designee on the date teaching duties begin, the application may be kept in the school district's files until all materials for submission are acquired. A permit held by a school district shall not become effective more than 60 calendar days before the TEA staff receives the application.

(3) The school district shall be notified regarding eligibility for the permit. Coverage will not be provided to the school district for the employment of an individual who is ineligible for the permit requested.

(c) Authority to alter dating procedures. A certificate or permit may become effective more than 60 calendar days before the TEA staff receives an application if the appropriate official assumes responsibility for the delay or documents it in writing.

Comments

Source Note: The provisions of this §230.434 adopted to be effective December 5, 1996, 21 TexReg 11480; amended to be effective September 2, 1999, 24 TexReg 6747; amended to be effective June 21, 2009, 34 TexReg 3930

§230.435: Fees for Certification Services

(a) The fees for certification services shall be based on a study conducted periodically by the State Board for Educator Certification of the actual costs of the services.

(b) The fees for authorizing a permit shall be paid by the requesting school district.

(c) The certificate of an applicant who does not pay the applicable certification fee, either by failing to remit full payment or by sending a check that is dishonored, shall be placed on inactive status if the applicant does not pay the full certification fee and any related processing fees within 60 calendar days from the date the notice of payment deficiency is sent to the applicant. The inactive status of a certificate will render the certificate holder ineligible for employment in a Texas public school. A certificate placed on inactive status in accordance with the provisions of this subsection will be returned to active status upon receipt of full payment of all applicable fees.

Comments

Source Note: The provisions of this §230.435 adopted to be effective December 5, 1996, 21 TexReg 11480; amended to be effective July 13, 2004, 29 TexReg 6643; amended to be effective June 21, 2009, 34 TexReg 3930

§230.436: Schedule of Fees for Certification Services

An applicant for a certificate or a school district requesting a permit shall pay the applicable fee from the following list.

(1) Standard Educational Aide certificate--$30.

(2) Standard certificate, additional specialization, teaching field, or endorsement/delivery system, based on recommendation by an approved educator preparation program or State Board for Educator Certification authorization; or extension or conversion of a certificate processing fee--$75.

(3) Probationary certificate based on recommendation by an approved educator preparation program or Texas public school district processing fee--$50.

(4) Duplicate of an active, valid certificate or change of name on an active, valid certificate--$45.

(5) Addition of certification based on completion of appropriate examination--$75.

(6) Review of a credential issued by a jurisdiction other than Texas (nonrefundable)--$175.

(7) Temporary credential based on a credential issued by a jurisdiction other than Texas--$50.

(8) Emergency permit, including an initial permit, reassignment on permit with a change in assignment or school district, renewal for nonconsecutive years, or renewal of permit on a hardship basis (nonrefundable)--$55.

(9) Renewal in the school district of a permit at the same target certificate level and initial activation, or renewal in the same school district of a temporary classroom assignment permit--no fee.

(10) National criminal history check (nonrefundable)--The fee, posted on the State Board for Educator Certification website, shall vary according to the current cost of fingerprint processing and obtaining national criminal history record information from the Texas Department of Public Safety, its contractors, and the Federal Bureau of Investigation. The same fee will be paid by current certified educators who are subject to a national criminal history check pursuant to the Texas Education Code, §§22.082, 22.0831, and 22.0836.

(11) Temporary Teacher certificate based on recommendation by an approved Texas public school district--$50.

(12) Review of credentials requiring analysis and research of college or university transcript and degrees for issuance of a temporary certificate (nonrefundable)--$175.

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

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

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

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

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

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

(19) Reactivation of an inactive Standard certificate--$40; except for an inactivation pursuant to §232.907 of this title (relating to Inactive Status).

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

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

Comments

Source Note: The provisions of this §230.436 adopted to be effective December 5, 1996, 21 TexReg 11480; amended to be effective December 17, 2000, 25 TexReg 12386; amended to be effective February 3, 2002, 27 TexReg 606; amended to be effective February 5, 2003, 28 TexReg 931; amended to be effective January 29, 2004, 29 TexReg 627; amended to be effective April 25, 2004, 29 TexReg 3960; amended to be effective September 1, 2004, 29 TexReg 8283; amended to be effective July 31, 2006, 31 TexReg 5962; amended to be effective December 16, 2007, 32 TexReg 9108; amended to be effective June 21, 2009, 34 TexReg3930

§230.437: Issuance of Additional Certificates Based on Examination

General provisions. A teacher who holds a valid provisional, professional, or standard classroom teaching certificate or a valid temporary classroom teaching certificate issued under the provisions of Subchapter O of this chapter (relating to Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States), or Chapter 245 of this title (relating to Certification of Educators from Other Countries), and a baccalaureate degree may qualify for an additional teaching field or certification to teach at another level by passing the appropriate certification examination(s) for that subject. The rule shall not be used to qualify a classroom teacher for:

(1) initial certification;

(2) career and technical education certification based on skill and experience;

(3) another class of certificate, as listed in Chapter 232, Subchapter A, of this title (relating to Types and Classes of Certificates Issued);

(4) certification for which no certification examination has been developed.

Comments

Source Note: The provisions of this §230.437 adopted to be effective December 5, 1996, 21 TexReg 11480; amended to be effective April 28, 1997, 22 TexReg 3585; amended to be effective September 2, 1999, 24 TexReg 6747; amended to be effective December 17, 2000, 25 TexReg 12386; amended to be effective June 21, 2009, 34 TexReg 3930

§230.438: E-Pay Supplemental Fee

An applicant for a certificate or a school district requesting a permit shall pay a supplemental fee of $2 in addition to the fees outlined in §230.436 of this title (relating to Schedule of Fees for Certification Services), for the purpose of recovering the costs of the TexasOnline Initiative, with the exception of the following fees for certification services set forth in §230.436 of this title:

(1) On-time renewal of Standard Educational Aide certificate;

(2) Additional fee for late renewal of Standard Educational Aide certificate;

(3) Reactivation of an inactive Standard Educational Aide certificate;

(4) On-time renewal of Standard certificate (to include any paraprofessional certificates if held);

(5) Additional fee for late renewal of Standard certificate; and

(6) Reinstatement following restitution of child support or student loan repayment.

Comments

Source Note: The provisions of this §230.438 adopted to be effective November 4, 2004, 29 TexReg 10103; amended to be effective June 21, 2009, 34 TexReg 3930

Subchapter O

§230.461: General Provisions

(a) A Texas educator certificate may be issued to an individual who holds a college degree and an appropriate certificate or credential issued by the authorized licensing agency in another state or territory of the United States and who meets appropriate requirements specified in §230.413 of this title (relating to General Requirements) and elsewhere in this subchapter.

(b) The degree held by an applicant from another state or territory of the United States must be equivalent to at least a baccalaureate degree issued by an institution of higher education that at the time was accredited or otherwise approved by a state department of education, a recognized governmental organization, or an accrediting organization recognized by the Texas Higher Education Coordinating Board.

(c) The certificate or other credential issued by the authorized licensing agency in another state or territory of the United States may not be a temporary permit, a credential issued by a city or school district, or a certificate for which academic or other program deficiencies are indicated. Specific examination or renewal requirements shall not be considered academic deficiencies.

(d) A statement, approval letter, or certification entitlement card issued by the authorized licensing agency in another state or territory of the United States specifying eligibility for full certification upon employment or completion of specified examination requirements shall have the same standing as a certificate.

(e) The certificate and areas of certification issued by the authorized licensing agency in another state or territory of the United States must be equivalent to a certificate and certification areas approved by the State Board for Educator Certification (SBEC). The Texas Education Agency (TEA) staff shall identify the certification areas for which the applicant qualifies in Texas. The certificate(s) for which the applicant qualifies may be issued by the TEA staff under the authority of the SBEC.

Comments

Source Note: The provisions of this §230.461 adopted to be effective December 5, 1996, 21 TexReg 11480; amended to be effective September 2, 1999, 24 TexReg 6748; amended to be effective June 9, 2002, 27 TexReg 4697; amended to be effective June 21, 2009, 34 TexReg 3930

§230.462: Requirements for Texas Certificates Based on Certification from Other States or Territories of the United States

(a) An applicant for a standard Texas certificate based on a certificate issued in accordance with §230.461 of this title (relating to General Provisions) must pass the appropriate examination requirements prescribed in the Texas Education Code (TEC), §21.048(a), and §230.5 of this title (relating to Educator Assessment) or achieve an acceptable level of performance on an examination(s) similar to and at least as rigorous as that prescribed in the TEC, §21.048(a), and §230.5 of this title that was administered to the applicant under the authority of another state or territory of the United States. The applicant shall verify in a manner determined by the Texas Education Agency staff the level of performance on acceptable examinations administered under the authority of another state or territory of the United States.

(b) If all certification requirements are met except the appropriate examination requirements, the applicant may request issuance of a one-year certificate in one or more certification areas authorized on the out-of-state certificate. An applicant who holds only a student services, principal, or superintendent certificate issued in accordance with Chapter 239 of this title (relating to Student Services Certificates), with the exception of Subchapter E (relating to Master Teacher Certificate); Chapter 241 of this title (relating to Principal Certificate); or Chapter 242 of this title (relating to Superintendent Certificate) may be issued the equivalent Texas certificate. The applicant must verify two creditable years of service in an Early Childhood-Grade 12 public or private school, as defined in Chapter 153, Subchapter CC, of this title (relating to Commissioner's Rules on Creditable Years of Service), in the specific student services or administrative area sought.

(c) After satisfying all requirements, including all appropriate examination requirements, the applicant is eligible to receive the appropriate standard certificate issued under Chapter 232, Subchapter A of this title (relating to Types and Classes of Certificates Issued).

(d) An applicant issued a one-year certificate under this section who does not complete the appropriate examination requirements to establish eligibility for a standard certificate during the validity of the one-year certificate, is not eligible for any type of certificate or permit authorizing employment for the same certified level or areas until he or she has satisfied the appropriate examination requirements. If examination requirements are not met during the validity period of the one-year certificate due to circumstances beyond the control of the educator, the employing school district may request an extension not to exceed one calendar year in length.

(e) An employing superintendent may apply for a nonrenewable permit for a teacher who does not pass the pedagogy and professional responsibilities portion of the certification examinations but does pass the appropriate content specialization portions of the examination during the validity of the one-year certificate. The nonrenewable permit shall be valid for no more than 12 months from the date the individual first attempts the pedagogy and professional responsibilities examination.

(f) An applicant shall not be required to complete the content specialization portion of the certification examination in a certification area for which he or she does not seek standard certification.

(g) An applicant issued a one-year certificate under this section who, during or subsequent to the validity of the certificate, establishes eligibility for a standard certificate may apply for:

(1) a new one-year certificate in another certification area based on an acceptable certificate from another state or territory of the United States; or

(2) a second one-year certificate in an area previously authorized on a one-year certificate, provided the applicant was not assigned to the area and has not attempted the appropriate examination requirements for that area.

Comments

Source Note: The provisions of this §230.462 adopted to be effective December 5, 1996, 21 TexReg 11480; amended to be effective September 2, 1999, 24 TexReg 6748; amended to be effective June 9, 2002, 27 TexReg 4697; amended to be effective June 21, 2009, 34 TexReg 3930

§230.463: Requests for Evaluation of College Credentials

(a) A request to evaluate an applicant's credentials for areas of certification that are not identified on the certificate issued in accordance with §230.461 of this title (relating to General Provisions) must be directed to an approved Texas educator preparation program. The appropriate Texas certificate will be issued upon recommendation by the educator preparation program.

(b) An individual who does not hold a certificate issued in accordance with §230.461 of this title must have his or her credentials evaluated through an approved Texas educator preparation program and be recommended by the educator preparation program for certification.

Comments

Source Note: The provisions of this §230.463 adopted to be effective December 5, 1996, 21 TexReg 11480; amended to be effective September 2, 1999, 24 TexReg 6748; amended to be effective June 21, 2009, 34 TexReg 3930

§230.464: Application Procedures

An individual who meets the requirements of this subchapter may apply for a review of his or her credentials and issuance of the appropriate Texas certificate according to procedures approved by the Texas Education Agency staff. A review of credentials and payment of related fees are required for all applicants.

Comments

Source Note: The provisions of this §230.464 adopted to be effective June 9, 2002, 27 TexReg 4697; amended to be effective June 21, 2009, 34 TexReg 3930

Subchapter P

§230.481: Teacher Certificate--Secondary (Grades 6-12) and Teacher Certificate--All Level (Prekindergarten-Grade 12)

(a) The Teacher Certificate--Secondary shall be based on completion of an educator preparation program as described in Chapter 228 of this title (relating to Requirements for Educator Preparation Programs). An educator preparation program for this certificate may be offered in art, French, German, Latin, Spanish, and other languages as approved by the State Board for Educator Certification (SBEC). Each educator preparation program that recommends a candidate for language certification must assess the candidate's oral proficiency in accordance with procedures, criteria, and passing scores specified by the SBEC.

(b) The provisions of subsection (a) of this section shall expire on September 1, 2011, with the exception of the area of academic specialization for art, which shall expire on September 1, 2009.

(c) The Teacher Certificate--All-Level shall be based upon completion of an educator preparation program as described in Chapter 228 of this title (relating to Requirements for Educator Preparation Programs). The area of academic specialization for the teacher certificate--all-level shall be art.

(d) The provisions of subsection (c) of this section shall expire on September 1, 2009.

Comments

Source Note: The provisions of this §230.481 adopted to be effective June 21, 2009, 34 TexReg 3930

§230.482: Specific Requirements for Standard Certificates and Endorsements

(a) The following certificates require completion of an approved educator preparation program offered under §230.481 of this title (relating to Teacher Certificate--Secondary (Grades 6-12) and Teacher Certificate--All Level (Prekindergarten-Grade 12):

(1) standard classroom teacher certificate--secondary; and

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

(b) The driver education endorsement will be issued upon evidence of completion of requirements specified in §75.1002 of this title (relating to Driver Education Teachers). The driver education endorsement requires completion of an approved educator preparation program offered under this section.

Comments

Source Note: The provisions of this §230.482 adopted to be effective December 5, 1996, 21 TexReg 11480; amended to be effective September 2, 1999, 24 TexReg 6749; amended to be effective July 13, 2004, 29 TexReg 6644; amended to be effective June 4, 2006, 31 TexReg 4422; amended to be effective June 21, 2009, 34 TexReg 3930

§230.483: Specific Requirements for Standard Career and Technical Education Certificates Based on Experience and Preparation

(a) Health Science Technology Education: Grades 8-12 certificate. A standard Health Science Technology Education: Grades 8-12 certificate shall be based on experience and academic preparation in the skill area.

(1) The standard Health Science Technology Education: Grades 8-12 certificate shall require the following:

(A) a baccalaureate degree from an accredited institution of higher education;

(B) current licensure, certification, or registration by a nationally recognized accrediting agency as a health professions practitioner. The preparation program for licensure, certification, or registration must require at least two years of college-level education;

(C) approval, by the certification officer of an approved educator preparation program, of two years of wage earning experience using the licensure requirement described in subparagraph (B) of this paragraph, in addition to that required to be registered or certified; and

(D) one year of creditable classroom teaching experience, as defined in Chapter 153, Subchapter CC, of this title (relating to Commissioner's Rules on Creditable Years of Service), on an emergency permit or probationary certificate in the area of health science technology education.

(2) The standard Health Science Technology Education: Grades 8-12 certificate curricula shall be based on the standards approved by the State Board for Educator Certification. A candidate for this certificate must pass the appropriate certification examinations.

(b) Trade and Industrial Education: Grades 8-12 certificate. A standard Trade and Industrial Education: Grades 8-12 certificate shall be based on academic preparation and experience in the skill areas to be taught and completion of specified pedagogy and professional responsibilities training.

(1) The standard Trade and Industrial Education: Grades 8-12 certificate shall require the following academic preparation and wage-earning experience.

(A) Option I. An individual must:

(i) hold a baccalaureate degree from an accredited institution of higher education; and

(ii) have three years of full-time wage-earning experience within the past eight years in one or more approved occupations for which instruction is offered. The experience must be approved by the certification officer of an educator preparation program approved to prepare teachers for the trade and industrial education certificate. Up to 18 months of the wage-earning experience can be met through a formal documented internship.

(B) Option II. An individual must:

(i) hold an associate degree from an accredited institution of higher education; and

(ii) have three years of full-time wage-earning experience within the past eight years in one or more approved occupations for which instruction is offered. The experience must be approved by the certification officer of an educator preparation program approved to prepare teachers for the Trade and Industrial Education: Grades 8-12 certificate.

(C) Option III. An individual must:

(i) hold a high school diploma or the equivalent; and

(ii) have five years of full-time wage-earning experience within the past eight years in one or more approved occupations for which instruction is offered. The experience must be approved by the certification officer of an educator preparation program approved to prepare teachers for the Trade and Industrial Education: Grades 8-12 certificate.

(2) The standard Trade and Industrial Education: Grades 8-12 certificate shall require current licensure, certification, or registration by a nationally recognized accrediting agency based on a recognized test or measurement. If the licensure, certification, or registration is not based on a recognized test or measurement, then passing of the appropriate National Occupational Competency Testing Institute (NOCTI) assessment is required. A cosmetology teacher must hold a current cosmetology instructor license issued by the Texas Department of Licensing and Regulation.

(3) An individual must complete one year of creditable classroom teaching experience, as defined in Chapter 153, Subchapter CC, of this title, on an emergency permit or probationary certificate in the specific area of trade and industrial education.

(c) Career and technical education certificate. Approval of career and technical education teachers shall be based on prior experience and preparation in a skill area.

(1) Prospective career and technical education teachers shall submit a statement of qualifications detailing prior experience and skill area preparation to the educator preparation program approved to prepare teachers for the career and technical education certificate sought. The certification officer of the educator preparation program shall review the applicant's statement of qualifications to determine whether the applicant meets the appropriate approval criteria specified in this subsection.

(2) Under this subsection, 12 months of wage-earning experience consisting of at least 40 hours per week shall equal one year of full-time experience. Wage-earning experience consisting of less than 40, but at least 20, hours per week shall be calculated at a 50% rate in determining years of full-time experience. Wage-earning experience consisting of less than 20 hours per week shall not be considered acceptable in determining full-time experience.

(3) Postsecondary and proprietary school teaching experience in the specific occupational area for which the candidate is seeking certification may be counted on a year-for-year basis in lieu of on-the-job experience. Proprietary schools must be accredited or otherwise approved by the Texas Workforce Commission. Recency of experience, as well as current licensure, certification, or registration by a state or nationally recognized accrediting agency must be met.

Comments

Source Note: The provisions of this §230.483 adopted to be effective December 5, 1996, 21 TexReg 11480; amended to be effective April 28, 1997, 22 TexReg 3585; amended to be effective September 2, 1999, 24 TexReg 6749; amended to be effective June 9, 2002, 27 TexReg 4698; amended to be effective September 14, 2003, 28 TexReg 7702; amended to be effective July 13, 2004, 29 TexReg 6644; amended to be effective June 4, 2006, 31 TexReg 4422; amended to be effective June 21, 2009, 34 TexReg 3930

Subchapter Q

§230.501: General Provisions

(a) In accordance with the provisions of this subchapter, emergency permits are issued under the authority of the State Board for Educator Certification (SBEC).

(b) Under this subchapter, a superintendent or his or her designee who cannot secure an appropriately certified and qualified individual to fill a vacant position may activate an emergency permit for an individual who does not have one of the appropriate credentials required for the assignment as specified in Chapter 231 of this title (relating to Assignment of Public School Personnel). The superintendent or his or her designee must:

(1) document the efforts the school district has taken to employ a fully certified individual in the position for which an emergency permit is activated;

(2) apply for an emergency permit when a vacant position is filled with an uncertified or inappropriately certified individual who will serve as the teacher of record or will serve in the assignment for more than 30 consecutive instructional days. The application must be submitted within 45 instructional days of the date of assignment;

(3) verify that the school district maintains a support system, has assigned a trained mentor, and will provide release time as needed to assist the individual serving on an emergency permit. (A school district shall not be required to provide a mentor for a degreed, certified teacher assigned on an emergency permit if the teacher has one or more creditable years experience within the school district, as defined in Chapter 153, Subchapter CC, of this title (relating to Commissioner's Rules on Creditable Years of Service)); and

(4) verify that the individual for whom the emergency permit is activated has been advised of the SBEC rules regarding permits and permit renewal requirements in this subchapter.

(c) A certified teacher must consent to the activation of an emergency permit and be advised of the conditions of the emergency permit. A teacher who refuses to consent to activation of an emergency permit may not be terminated or nonrenewed or otherwise retaliated against because of the teacher's refusal to consent to the activation of the emergency permit. However, a teacher's refusal to consent shall not impair a school district's right to implement a necessary reduction in force or other personnel actions in accordance with local school district policy.

(d) An emergency permit is authorized for the school district for a specific assignment and is not the property of the individual for whom the emergency permit was activated.

(e) If an emergency permit authorized by the SBEC is not used, the school district shall notify the Texas Education Agency (TEA) staff in writing.

(f) An emergency permit may be authorized on a hardship basis for an individual who does not meet all emergency permit requirements as listed in §§230.503(1), 230.504, and 230.506 of this title (relating to General Eligibility Requirements for Emergency Permits, Specific Requirements for Initial Emergency Permits, and Renewal Requirements) only if approval has been granted and written notification received from the SBEC or TEA staff. The school district must:

(1) document local conditions requiring the assignment of an individual who does not meet emergency permit requirements;

(2) verify that the deficiencies for the certificate sought do not exceed 36 semester credit hours; and

(3) verify that the individual will be enrolled in the first available course listed on the deficiency plan.

(g) The school district is not required to comply with the requirements of this subchapter if an uncertified individual is assigned for a certified teacher that will be absent for more than 30 consecutive instructional days due to documented health related reasons and has expressed the intention to return to the assignment. The school district must comply with the Texas Education Code, §21.057.

Comments

Source Note: The provisions of this §230.501 adopted to be effective December 5, 1996, 21 TexReg 11480; amended to be effective April 28, 1997, 22 TexReg 3585; amended to be effective July 11, 1999, 24 TexReg 5013; amended to be effective June 21, 2009, 34 TexReg 3930

§230.502: Validity of Emergency Permits

(a) The validity date of an emergency permit activated and authorized under this subchapter is specified in §230.434 of this title (relating to Effective Dates of Certificates and Permit Issuance).

(b) An emergency permit is valid for the remainder of the school year for which it is activated and authorized by the State Board for Educator Certification (SBEC). The emergency permit must be submitted to the Texas Education Agency staff within 45 instructional days from the date of assignment.

(c) An emergency permit authorized by the SBEC is valid for service only in the requesting school district and only for the assignments indicated on the emergency permit application.

(d) The employment of an individual on an emergency permit may not exceed three years in the same assignment. The individual may serve in a specific assignment no more than two additional school years beyond the initial emergency permit. To continue beyond the initial emergency permit year, the individual must comply with the renewal provisions specified in §230.506 of this title (relating to Renewal Requirements). To continue employment in the assignment beyond the validity of the emergency permit, the individual must hold the appropriate certificate. An individual may not serve as a classroom teacher of record in the Texas public school for more than three school years, without obtaining initial, standard certification.

Comments

Source Note: The provisions of this §230.502 adopted to be effective December 5, 1996, 21 TexReg 11480; amended to be effective July 11, 1999, 24 TexReg 5013; amended to be effective June 21, 2009, 34 TexReg 3930

§230.503: General Eligibility Requirements for Emergency Permits

An individual for whom an emergency permit is activated must meet the following criteria.

(1) The individual must hold a baccalaureate degree from an accredited institution of higher education.

(A) For a career and technical education assignment requiring certification based on both a baccalaureate degree and experience in the occupational area to be taught, such as health science technology education or marketing education, the individual must have completed the degree requirement and have specified work experience.

(B) For trade and industrial education assignments, the individual must have specified work experience in lieu of a baccalaureate degree.

(2) The individual must be at least 18 years old.

(3) The individual must be able to speak and understand the English language sufficiently to use it easily and readily in conversation and teaching, as specified in Subchapter M of this chapter (relating to Certification of Educators in General).

(4) The individual must be of good moral character. The State Board for Educator Certification may refuse to authorize an emergency permit for an individual who has been convicted of a felony or misdemeanor crime that directly relates to the duties and responsibilities of the teaching profession.

Comments

Source Note: The provisions of this §230.503 adopted to be effective December 5, 1996, 21 TexReg 11480; amended to be effective July 11, 1999, 24 TexReg 5013; amended to be effective June 21, 2009, 34 TexReg 3930

§230.504: Specific Requirements for Initial Emergency Permits

(a) General Provisions. An individual for whom an emergency permit is activated must:

(1) have completed the appropriate semester credit hours or equivalent contact hours required for the emergency permit sought as specified in this section; or, for a degreed, certified teacher, have passed the appropriate content specialization portions of the appropriate certification examination required for the target certificate; and

(2) have satisfied the appropriate experience requirement specified in this section for the emergency permit sought.

(b) Assignments to elementary grades (Early Childhood-Grade 6) (general education).

(1) Elementary (Early Childhood-Grade 6). The individual must have completed 12 semester credit hours in a combination of subjects directly related to the elementary curriculum, or 12 semester credit hours in elementary education, or any combination of these areas of study. Subjects related to the elementary curriculum include, but are not limited to, art, English language arts, health, mathematics, music, physical education, reading, science, social studies, technology applications, or theatre arts.

(2) Foreign language in the elementary grades (Early Childhood-Grade 6).

(A) An individual must have current certification with a teaching field in the language to be taught.

(B) An individual who holds a secondary certificate with a teaching field in the language to be taught must have completed six semester credit hours of elementary education before the assignment is continued.

(C) Continued assignment must be documented on the individual's teacher service record.

(D) An individual who holds a Generalist: Early Childhood-Grade 4 or Generalist: Early Childhood-Grade 6 certificate with a passing score on the appropriate oral proficiency test in the target language may qualify for an emergency permit. To continue in the assignment, the individual must pass the written content specialization portion of the certification examination.

(E) Requirements specified in §230.506 of this title (relating to Renewal Requirements) do not apply to this assignment.

(c) Assignments to secondary grades (Grades 7-12) (general education).

(1) An emergency permit may be activated for an individual not certified at the secondary level provided the individual has completed:

(A) 24 semester credit hours in the subject to be taught; or

(B) 24 semester credit hours toward a composite teaching field appropriate for the assignment, including at least six semester credit hours in the subject to be taught.

(2) A Temporary Classroom Assignment Permit (TCAP) may be activated for a teacher certified at the secondary level assigned to a subject area not covered by the certificate. The school district is not required to file the TCAP with the Texas Education Agency staff. The TCAP must be maintained in the school district personnel records.

(A) A TCAP must be activated for an individual who is assigned to one or more class periods in an area not covered by the certificate held. The individual must have completed six semester credit hours in the specific subject area(s) to be taught. A TCAP may be activated for no more than four class periods.

(B) The TCAP is valid for one school year and is not renewable except in the event that the TCAP was issued for fewer than 90 calendar days before the last day of student instruction in the prior school year.

(d) Assignments to all grade levels (Early Childhood-Grade 12) (general education).

(1) An individual must have completed 24 semester credit hours in the subject area to be taught.

(2) This section will apply to all general education subject areas that are available as Early Childhood-Grade 12 certificates.

(e) Assignments to career and technical education programs.

(1) Agricultural science and technology assignments. An individual must:

(A) hold a baccalaureate degree from an accredited institution of higher education; and

(B) have completed 24 semester credit hours in agricultural science and technology coursework.

(2) Health science technology assignments. An individual must:

(A) hold a baccalaureate degree from an accredited institution of higher education;

(B) be currently licensed, certified, or registered (requiring two years of college education) by a state-authorized or nationally recognized accrediting agency as a professional practitioner in one or more health occupations for which instruction is offered; and

(C) have an approved statement of qualifications verifying two years of full-time employment in an accredited health care facility or agency while holding the license mentioned in subparagraph (B) of this paragraph.

(3) Family and consumer sciences assignments. An individual must:

(A) hold a baccalaureate degree from an accredited institution of higher education; and

(B) have completed 24 semester credit hours in family and consumer sciences coursework.

(4) Marketing education assignments. An individual must:

(A) hold a baccalaureate degree from an accredited institution of higher education;

(B) have completed 24 semester credit hours in marketing coursework; and

(C) have an approved statement of qualifications verifying two years of full-time wage-earning experience in marketing occupations for which training is offered at the secondary level.

(5) Business education assignments (for any instructional arrangement). An individual must:

(A) hold a baccalaureate degree from an accredited institution of higher education; and

(B) have completed 24 semester credit hours in business coursework.

(6) Trade and industrial education assignments.

(A) Option I. An individual must:

(i) hold a baccalaureate degree from an accredited institution of higher education; and

(ii) have an approved statement of qualifications verifying three years of full-time wage-earning experience earned within the past eight years in one or more approved occupations for which instruction is offered. Up to 18 months of the wage-earning experience can be met through a formal documented internship.

(B) Option II. An individual must:

(i) hold an associate degree from an accredited institution of higher education; and

(ii) have an approved statement of qualifications verifying three years of full-time wage-earning experience earned within the past eight years in one or more approved occupations for which instruction is offered.

(C) Option III. An individual must:

(i) hold a high school diploma or the equivalent; and

(ii) have an approved statement of qualifications verifying five years of full-time wage-earning experience earned within the past eight years in one or more approved occupations for which instruction is offered.

(D) Additional requirements.

(i) Current licensure, certification, or registration by a state or nationally recognized accrediting agency as a professional practitioner in one or more approved occupations for which instruction is offered. Licensure, certification, or registration by a nationally recognized accrediting agency must be based on a recognized test or measurement. If the license, certification, or registration is not based on a recognized test or measurement, then passing of the appropriate National Occupational Competency Testing (NOCTI) assessment is required.

(ii) A cosmetology teacher must:

(I) have three years of full-time wage-earning experience as a licensed cosmetologist; and

(II) currently be licensed as a cosmetology instructor by the Texas Department of Licensing and Regulation.

(iii) Wage-earning experience must be approved by the certification officer of the educator preparation program.

(f) Assignments for special populations.

(1) English language learners (ELLs).

(A) Bilingual education.

(i) An individual who holds a baccalaureate degree from an accredited institution of higher education and is certified at the appropriate level must:

(I) have completed three semester credit hours in an approved bilingual education program; and

(II) have completed six semester credit hours in the language of the target population; or have demonstrated proficiency in oral communication skills in the language of the target population by achieving a score of "intermediate mid" (level 2) or higher on the Texas Oral Proficiency Test (TOPT) or a comparable score on a state-approved examination of oral proficiency.

(ii) An individual who holds a baccalaureate degree from an accredited institution of higher education, but is not certified must:

(I) meet the requirements for the level of assignment;

(II) be currently enrolled in an approved educator preparation program for bilingual education; and

(III) have satisfied one of the following requirements:

(-a-) have completed 12 semester credit hours in the language of the target population, bilingual education, or a combination of the two subject areas; or

(-b-) have demonstrated proficiency in oral communication skills in the language of the target population by achieving a score of "intermediate mid" (level 2) or higher on the TOPT or a comparable score on a state-approved examination of oral proficiency.

(B) English as a second language (ESL). An individual must:

(i) be currently certified for the grade level based on a baccalaureate degree from an accredited institution of higher education; and

(ii) have satisfied one of the following requirements:

(I) have completed six semester credit hours in an approved ESL program; or

(II) have one creditable year of classroom teaching experience, as defined in Chapter 153, Subchapter CC, of this title (relating to Commissioner's Rules on Creditable Years of Service).

(2) Students with special learning needs.

(A) Auditory impairments. An individual must:

(i) hold a baccalaureate degree from an accredited institution of higher education;

(ii) have completed six semester credit hours directly related to teaching the hearing impaired;

(iii) have demonstrated competence in the specific communication method used in the classroom setting with students who are deaf; and

(iv) have verified that the employing school district, cooperative, or education service center (ESC) has one or more fully certified teachers for students with auditory impairments available as a mentor and to provide support.

(B) Visual impairments. An individual must:

(i) be currently certified in elementary, secondary, or special education;

(ii) have satisfied one of the following requirements:

(I) have completed six semester credit hours directly related to teaching students with visual impairments; or

(II) have one creditable year of classroom teaching experience, as defined in Chapter 153, Subchapter CC, of this title;

(iii) have demonstrated competency in literary Braille and basic Nemeth Code by passing the approved Braille examination, holding certification as a literary Braille transcriber by the Library of Congress, or completing one university course in Braille; and

(iv) have verified that the employing school district, cooperative, or ESC has one or more fully certified teachers of students with visual impairments available as a mentor and to provide support.

(C) Home-based instruction or instruction in a hospital class. An individual must:

(i) be currently certified based on a baccalaureate degree from an accredited institution of higher education; and

(ii) have one creditable year of teaching experience, as defined in Chapter 153, Subchapter CC, of this title.

(D) Special education (Early Childhood-Grade 12).

(i) An individual who holds a baccalaureate degree from an accredited institution of higher education and is certified at the appropriate level must:

(I) have completed six semester credit hours directly related to teaching children with special learning needs; or

(II) have one creditable year of classroom teaching experience, as defined in Chapter 153, Subchapter CC, of this title.

(ii) An individual who holds a baccalaureate degree from an accredited institution of higher education, but is not certified must:

(I) for elementary assignments, meet requirements for the level of assignment as stated in subsection (b) of this section and have completed 18 semester credit hours directly related to teaching children with special learning needs; or

(II) for secondary assignments, have completed 24 semester credit hours directly related to teaching children with special learning needs.

(g) Assignments for other instructional and support personnel.

(1) School Counselor (Early Childhood-Grade 12). An individual must:

(A) hold a baccalaureate degree from an accredited institution of higher education;

(B) have completed 24 semester credit hours of graduate-level credit, including 12 semester credit hours in guidance and counseling; and

(C) have two creditable years of classroom teaching experience, as defined in Chapter 153, Subchapter CC, of this title.

(2) Educational Diagnostician (Early Childhood-Grade 12). An individual must:

(A) hold a baccalaureate degree from an accredited institution of higher education;

(B) have completed 30 semester credit hours of graduate-level credit in the field of education or a related field, including six semester credit hours in tests and measurements, at least three semester credit hours of which emphasized individualized testing;

(C) have completed six semester credit hours directly related to teaching individuals with special learning needs; and

(D) have two creditable years of classroom teaching experience, as defined in Chapter 153, Subchapter CC, of this title.

(3) School Librarian (Early Childhood-Grade 12). An individual must:

(A) hold a baccalaureate degree from an accredited institution of higher education;

(B) have completed six semester credit hours directly related to the basic competencies required of school librarians; and

(C) have two creditable years of classroom teaching experience, as defined in Chapter 153, Subchapter CC, of this title.

(4) Reserve Officers' Training Corps (ROTC) instructor.

(A) An individual must verify that he or she has satisfied the requirements and been approved to serve by the ROTC.

(B) Requirements specified in §230.506 of this title (relating to Renewal Requirements) do not apply to this assignment.

(C) Continued assignment must be documented on the individual's teacher service record.

§230.505: Procedures for Activation of Initial Emergency Permits

(a) For all assignments (except career and technical education assignments based on skill and experience). The employing superintendent or his or her designee or authorized representative must verify the individual's eligibility for the emergency permit as described in §230.503 of this title (relating to General Eligibility Requirements for Emergency Permits) and §230.504 of this title (relating to Specific Requirements for Initial Emergency Permits) and submit to the Texas Education Agency (TEA) staff the following information within 45 instructional days of assignment:

(1) a completed emergency permit application;

(2) one of the following:

(A) a deficiency plan from an approved Texas educator preparation program verifying that the individual meets the grade point average requirement for admission to the educator education program and a listing of the preparation, student teaching/internship, and/or assessment activities required to obtain certification in the assignment for which the emergency permit application has been submitted; or

(B) for an individual who holds a baccalaureate degree from an accredited institution of higher education, is certified, and is placed in an assignment requiring a classroom teaching certificate or endorsement, verification of registration for the next available administration of the appropriate content specialization portion of the certification examination; and

(3) the appropriate fee (payable by the school district).

(b) For career and technical education assignments based on skill and experience. The employing superintendent or his or her designee or authorized representative must verify the individual's eligibility for the emergency permit as described in §230.503 and §230.504 of this title and submit to the TEA staff the following information within 45 instructional days of assignment:

(1) a completed emergency permit application;

(2) a copy of the individual's statement of qualifications, approved by the certification officer of an institution of higher education approved to prepare career and technical education teachers, verifying appropriate work experience in the occupation or trade area to be taught. For the purpose of approving work experience, 12 months of wage-earning experience consisting of at least 40 hours per week shall equal one year of full-time experience. Wage-earning experience consisting of less than 40 hours per week, but at least 20 hours per week, shall be calculated at a 50% rate in determining years of full-time experience. Wage-earning experience consisting of less than 20 hours per week shall not be considered acceptable in determining full-time experience;

(3) a deficiency plan from an approved Texas educator preparation program for the career and technical education certificate appropriate for the assignment; and

(4) the appropriate fee (payable by the school district).

Comments

Source Note: The provisions of this §230.505 adopted to be effective December 5, 1996, 21 TexReg 11480; amended to be effective July 11, 1999, 24 TexReg 5013; amended to be effective June 21, 2009, 34 TexReg 3930

§230.506: Renewal Requirements

(a) General provisions.

(1) The employing superintendent or his or her designee or authorized representative of a public school district may renew an emergency permit for the same assignment in the same school district for which the initial emergency permit was activated.

(2) No individual may continue in the same assignment for more than three years of service on an emergency permit, except as provided in paragraph (4) of this subsection.

(3) The total of semester credit hours or the equivalent contact hours required to obtain certification appropriate for the assignment shall determine the number of emergency permit renewals for which the individual may be eligible. The following schedule shall determine eligibility for emergency permit renewal.

(A) For six semester credit hours or less plus appropriate examination requirements, an individual is not eligible for renewal.

(B) For six semester credit hours or less, appropriate examination requirements, and teaching two years on an emergency permit in lieu of student teaching, an individual is eligible for one renewal, provided the individual completes all coursework during the first year.

(C) For 7-12 semester credit hours plus appropriate examination requirements, an individual is eligible for one renewal.

(D) For more than 12 semester credit hours plus appropriate examination requirements, an individual is eligible for two renewals.

(4) An emergency permit used fewer than 85 calendar days may be renewed for one additional year of service, provided renewal requirements have been met each year. Effective with the 1998-1999 school year, emergency permits used fewer than 90 calendar days may be renewed for one additional year of service.

(b) Renewal procedures.

(1) Before an emergency permit for a noncertified individual is renewed for the first time, the superintendent or his or her designee or authorized representative must verify that a noncertified teacher has satisfied the admission requirements of an educator preparation program in the areas of reading, written communication, and mathematics.

(2) No emergency permit renewal will be authorized for a teacher who does not satisfy the admission requirements of an educator preparation program specified in paragraph (1) of this subsection.

(3) The superintendent or his or her designee or authorized representative may renew an emergency permit provided the following requirements and procedures are met.

(A) The emergency permit must be renewed for the same assignment in the same school district.

(B) Official transcripts verifying completion of a minimum of six semester credit hours or documentation of completion of equivalent contact hours toward the appropriate target certificate must be placed in the individual's personnel file.

(C) The appropriate renewal section of the original emergency permit application must be completed prior to the beginning date of duties for the current school year.

(4) Requests for emergency permit renewal must be submitted for authorization when:

(A) an individual has failed to demonstrate progress toward correcting a deficiency by completing the appropriate renewal requirements specified in subsection (a) of this section;

(B) the renewal is for a change of assignment or school district; or

(C) the renewal is for nonconsecutive years.

(5) The following information must be submitted when requesting authorization for emergency permit renewal from the Texas Education Agency (TEA) staff:

(A) an emergency permit application, indicating the appropriate renewal, completed before the continued assignment;

(B) verification of all course work or equivalent contact hours completed since authorization of the initial emergency permit; and

(C) the appropriate fee (payable by the school district).

Comments

Source Note: The provisions of this §230.506 adopted to be effective December 5, 1996, 21 TexReg 11480; amended to be effective July 11, 1999, 24 TexReg 5013; amended to be effective June 7, 2000, 25 TexReg 5332; amended to be effective June 21, 2009, 34 TexReg 3930

§230.507: Nonrenewable Permits

(a) The superintendent or his or her designee of a public school district may activate a nonrenewable permit for an individual who has not completed the appropriate examination requirements specified in §230.5 of this title (relating to Educator Assessment).

(b) A nonrenewable permit may be activated for an individual in one or more of the following categories:

(1) an individual who has completed all course and degree requirements of a Texas educator preparation program specified in this chapter except for successful completion of all appropriate examination requirements. Nonrenewable permits activated for individuals in this category expire 12 months from the date of activation;

(2) an individual who holds a Texas teacher certificate with an effective date before February 1, 1986, but has not revalidated the certificate for employment purposes by passing an examination specified in this chapter. The individual must not have been employed in a Texas public school during the 1985-1986 school year or since. A nonrenewable permit activated for an individual in this category expires six months from the date of activation or at the end of the school year, whichever is less; or

(3) an individual who has served on a one-year certificate under Subchapter O of this chapter (relating to Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States) and passed the appropriate content specialization portions of the certification examinations but did not pass the pedagogy and professional responsibilities portion of the examination while the one-year certificate was valid. A nonrenewable permit activated for an individual in this category expires 12 months from the date the individual first attempted the pedagogy and professional responsibilities portion of the certification examinations.

(c) A nonrenewable permit may not be activated for an individual in the same assignment area for which another permit had previously been authorized.

(d) The employing superintendent or his or her designee or authorized representative must verify that an individual is eligible for the permit under this section and submit the following information within 60 calendar days of assignment:

(1) an application for a nonrenewable permit completed before the effective date of the assignment; and

(2) the appropriate fee (payable by the school district).

Comments

Source Note: The provisions of this §230.507 adopted to be effective December 5, 1996, 21 TexReg 11480; amended to be effective July 11, 1999, 24 TexReg 5013; amended to be effective June 21, 2009, 34 TexReg 3930

§230.512: Emergency Certificates

The permits contained in this subchapter fulfill the provision stated in the Texas Education Code, §21.041(b)(2), concerning emergency certificates until rules relating to new classes of emergency certificates are adopted.

Comments

Source Note: The provisions of this §230.512 adopted to be effective March 1, 1998, 23 TexReg 1022; amended to be effective June 21, 2009, 34 TexReg 3930

Subchapter S

§230.551: Policy

An individual employed in a Texas public school as an educational aide must be certified according to requirements established by the State Board for Educator Certification.

Comments

Source Note: The provisions of this §230.551 adopted to be effective December 5, 1996, 21 TexReg 11480; amended to be effective March 19, 2000, 25 TexReg 2059; amended to be effective June 21, 2009, 34 TexReg 3930

§230.552: Procedures in General

(a) School district administrators have the authority and responsibility to determine the number of educational aides and level of job performance desired for the operation of the school district. The school district administrator is responsible for preparing accurate job descriptions for each assignment, classifying each assignment, and filling these assignments with individuals certified according to this subchapter.

(b) An appropriate certificate shall be issued to a qualified individual who is recommended by the employing superintendent or his or her designee and who meets the requirements of this subchapter. The school district shall submit the following materials to the SBEC:

(1) a completed application and recommendation for an educational aide certificate; and

(2) the designated fee.

(c) An individual with experience in other states must have that experience verified on a teacher service record when he or she is employed in a Texas school district.

(d) An applicant for an Educational Aide certificate is subject to the provisions in §230.413(b)(1)-(5) of this title (relating to General Requirements).

Comments

Source Note: The provisions of this §230.552 adopted to be effective December 5, 1996, 21 TexReg 11480; amended to be effective March 19, 2000, 25 TexReg 2059; amended to be effective June 21, 2009, 34 TexReg 3930

§230.553: Certification Requirements for Educational Aide I

An applicant for an educational aide I certificate shall:

(1) hold a high school diploma or the equivalent; and

(2) have experience working with students or parents as approved by the employing superintendent. Experience may be work in church related schools, day camps, youth groups, private schools, licensed day-care centers, or similar experience.

Comments

Source Note: The provisions of this §230.553 adopted to be effective December 5, 1996, 21 TexReg 11480; amended to be effective March 19, 2000, 25 TexReg 2059; amended to be effective June 21, 2009, 34 TexReg 3930

§230.554: Certification Requirements for Educational Aide II

An applicant for an educational aide II certificate shall:

(1) hold a high school diploma or the equivalent;

(2) have satisfied one of the following requirements:

(A) have two creditable years of experience, as defined in Chapter 153, Subchapter CC, of this title (relating to Commissioner's Rules on Creditable Years of Service), as an educational aide I;

(B) have completed a minimum of 15 semester credit hours of college credit with some emphasis on child growth and development or related subject areas; or

(C) have demonstrated proficiency in a specialized skill area as determined by the school district; and

(3) have experience working with students or parents as approved by the employing superintendent.

Comments

Source Note: The provisions of this §230.554 adopted to be effective December 5, 1996, 21 TexReg 11480; amended to be effective April 28, 1997, 22 TexReg 3586; amended to be effective March 19, 2000, 25 TexReg 2059; amended to be effective June 21, 2009, 34 TexReg 3930

§230.555: Certification Requirements for Educational Aide III

An applicant for an educational aide III certificate shall:

(1) hold a high school diploma or the equivalent;

(2) have satisfied one of the following requirements:

(A) have three creditable years of experience, as defined in Chapter 153, Subchapter CC, of this title (relating to Commissioner's Rules on Creditable Years of Service), as either an educational aide I or II; or

(B) have completed 30 semester credit hours of college credit with some emphasis on child growth and development or related subject areas; and

(3) have experience working with students or parents as approved by the employing superintendent.

Comments

Source Note: The provisions of this §230.555 adopted to be effective December 5, 1996, 21 TexReg 11480; amended to be effective April 28, 1997, 22 TexReg 3586; amended to be effective March 19, 2000, 25 TexReg 2059; amended to be effective June 21, 2009, 34 TexReg 3930

§230.559: Assignments in Specialized Areas

An individual employed as an educational aide must hold an Educational Aide certificate. An educational aide assigned to a specialized area, such as vocational education, special education, and title programs, shall meet the eligibility requirements assigned to that area; however, no certification beyond an educational aide certificate will be required for assignment in a specialized area.

Comments

Source Note: The provisions of this §230.559 adopted to be effective December 5, 1996, 21 TexReg 11480; amended to be effective March 19, 2000, 25 TexReg 2059; amended to be effective June 21, 2009, 34 TexReg 3930

§230.560: Role Descriptions

School districts shall use the following guidelines to assign educational aides.

(1) Educational Aide I: performs routine tasks under the direction and supervision of a certified teacher or teaching team; releases the teacher from routine tasks and participates in selecting, planning, organizing, and evaluating; helps the teacher with clerical operations; helps the teacher supervise students in routine movement from one recreational activity to another; helps supervise the playground, bus, and lunchroom; helps the teacher prepare and use instructional media; duplicates instructional materials for teachers; performs classroom clerical operations under the supervision of a certified teacher; or performs equivalent activities determined by the local school district.

(2) Educational Aide II: performs tasks under the general supervision of a certified teacher or teaching team; releases the teacher from routine tasks and participates in selecting, planning, organizing, and evaluating; helps the teacher prepare and use instructional materials; conducts drills and exercises as directed by the teacher; helps administer and score objective measurement instruments; helps the teacher work with individual students and groups; duplicates materials; records grades and attendance; prepares instructional aids, including displays and mockups; assists with play area activities; helps operate and use educational media; assists with testing routines; works with individual students in drills and exercises; conducts group drills and exercises; assists students with programmed or precise units of instruction; or performs equivalent activities determined by the local school district.

(3) Educational Aide III: performs and assumes responsibility for tasks under the general guidance of a certified teacher or teaching team; releases the teacher from routine tasks and participates in selecting, planning, organizing, and evaluating; helps the teacher implement methodology and use instructional media to yield an educational environment for all students; assists the teacher with instructional activities; works with individuals or groups of students in a variety of educational experiences; relieves the teacher of selected exercises and instructional drills with students; or performs equivalent activities determined by the local school district.

Comments

Source Note: The provisions of this §230.560 adopted to be effective December 5, 1996, 21 TexReg 11480; amended to be effective March 19, 2000, 25 TexReg 2059; amended to be effective June 21, 2009, 34 TexReg 3930

Subchapter V

§230.610: Induction Program for Beginning Teachers

(a) General provisions. Beginning teachers who do not have prior teaching experience shall be assigned a trained mentor teacher.

(b) Induction training for beginning teachers. Beginning teachers shall participate in teacher orientation, which may include specialized induction year program activities.

Comments

Source Note: The provisions of this §230.610 adopted to be effective December 5, 1996, 21 TexReg 11480; amended to be effective June 21, 2009, 34 TexReg 3930

Chapter 231

§231.1: Criteria for Assignment of Public School Personnel

(a) The assignment requirements in this chapter apply to the holders of certificates issued on the basis of 1955, 1972, 1984, and 1987 Standards for Teacher Education as well as certificates issued on the basis of standards aligned with the Texas Essential Knowledge and Skills (TEKS) curriculum, adopted by the State Board of Education, as specified in Chapter 233 of this title (relating to Categories of Classroom Teaching Certificates).

(b) An elementary certificate may be appropriate for teaching high school students if the level of instruction is comparable to that in elementary grades. When such an assignment is made, course outlines must be maintained in the school district files.

(c) Professional personnel employed in federally funded programs and innovative programs must have the qualifications and meet the assignment requirements specified in subsection (e) of this section and in other rules of the State Board for Educator Certification (SBEC).

(d) The assignment requirements in this chapter apply to substitute teachers. If a school district must employ a substitute teacher who is not certified, a list of the substitute teachers shall be retained in the school district files.

(e) A public school employee must have the appropriate credentials for his or her current assignment specified in the figure provided in this subsection and in other rules of the SBEC, unless the appropriate permit has been issued under Chapter 230, Subchapter Q, of this title (relating to Permits).

Attached Graphic

Comments

Source Note: The provisions of this §231.1 adopted to be effective June 21, 2009, 34 TexReg 3942

Chapter 232

Subchapter A

§232.1: Types of Certificates

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

(1) standard, as specified in subsection (c) of this section;

(2) provisional, as specified in subsection (b) of this section;

(3) professional, as specified in subsection (b) of this section;

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

(5) probationary, as specified in §232.4 of this title (relating to Probationary Certificates);

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

(7) emergency, as specified in §230.512 of this title (relating to Emergency Certificates).

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

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

Comments

Source Note: The provisions of this §232.1 adopted to be effective October 12, 2003, 28 TexReg 8609; amended to be effective April 25, 2004, 29 TexReg 3960; amended to be effective June 22, 2008, 33 TexReg 4668

§232.2: Classes of Certificates

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

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

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

(3) comprehensive examination(s) as prescribed by the SBEC for the certificate.

(b) Classes of certificates include the following:

(1) superintendent;

(2) principal;

(3) classroom teacher;

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

(5) master teacher;

(6) school librarian;

(7) school counselor;

(8) educational diagnostician; and

(9) educational aide.

Comments

Source Note: The provisions of this §232.2 adopted to be effective October 12, 2003, 28 TexReg 8609; amended to be effective June 22, 2008, 33 TexReg 4668

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

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

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

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

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

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

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

(1) classroom teacher; and

(2) master teacher.

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

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

(f) Implementation. The Texas Education Agency (TEA) staff shall be primarily responsible for implementing the certification standards approved by the SBEC by having certification examinations developed or recommended to the SBEC on the basis of such standards.

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

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

Comments

Source Note: The provisions of this §232.3 adopted to be effective October 12, 2003, 28 TexReg 8609; amended to be effective June 22, 2008, 33 TexReg 4668

§232.4: Probationary Certificates

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

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

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

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

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

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

(6) Texas Education Agency (TEA) staff--Staff of the TEA assigned by the commissioner of education to perform the State Board for Educator Certification's (SBEC's) administrative functions and services.

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

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

(1) Except as otherwise provided in rules of the SBEC related to certain career and technical education certificates based on skill and experience, the individual must hold at least a baccalaureate degree from an institution of higher education that, when the degree was conferred, was accredited by an accrediting organization recognized by the Texas Higher Education Coordinating Board.

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

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

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

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

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

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

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

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

(i) by passing the appropriate content area certification examination as prescribed in Chapter 230, Subchapter B, of this title; or

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

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

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

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

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

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

(i) by passing the appropriate content area certification examination as prescribed in Chapter 230, Subchapter B, of this title for the assignment or by completing an academic major, graduate degree, or coursework equivalent to an academic major comprised of not fewer than 24 semester hours, including 12 semester hours of upper division coursework in the subject taught; and

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

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

(1) A certificate may be extended for no more than two annual terms following expiration of the initial term. A probationary certificate may be extended for an annual term only if the Texas educator preparation program, recommends extension and certifies that the holder is making satisfactory progress toward standard certification. If an educator is employed under a probationary certificate and is terminated, or resigns in lieu of termination, before the end of the school year due to a reduction in force, that probationary term shall not count as one of the three allowed annual probationary terms.

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

(A) probationary certificates as described in this subsection;

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

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

(e) The TEA staff shall establish reasonable procedures to implement this section.

Comments

Source Note: The provisions of this §232.4 adopted to be effective October 12, 2003, 28 TexReg 8609; amended to be effective March 30, 2005, 30 TexReg 1769; amended to be effective August 17, 2008, 33 TexReg 6369; amended to be effective October 25, 2009, 34 TexReg 7198

§232.5: Temporary Teacher Certificates

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

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

(2) performs satisfactorily on the appropriate examinations prescribed under the TEC, §21.048;

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

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

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

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

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

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

(f) A school district employing a person who holds a certificate issued under this section must provide the same coursework, mentoring, and training that is required by Chapter 228 of this title (relating to Requirements for Educator Preparation Programs), except that a certificate issued under this section shall require 380 total clock-hours of training.

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

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

(i) At the end of the two years of employment, the person must apply to the SBEC for a standard certificate. The person must also be recommended by the current employing school district for certification. All employing school districts must provide evidence to the SBEC that each district complied with the requirements of subsection (f) of this section.

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

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

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

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

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

Comments

Source Note: The provisions of this §232.5 adopted to be effective April 25, 2004, 29 TexReg 3960; amended to be effective August 17, 2008, 33 TexReg 6369

§232.6: Visiting International Teacher Certificates

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

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

(1) meet appropriate requirements prescribed in §230.413 of this title (relating to General Requirements);

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

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

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

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

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

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

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

(d) The TEA staff shall establish reasonable procedures to implement this section.

Comments

Source Note: The provisions of this §232.6 adopted to be effective November 8, 2004, 29 TexReg 10260; amended to be effective June 22, 2008, 33 TexReg 4668

Subchapter B

§232.800: General Provisions

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

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

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

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

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

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

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

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

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

Comments

Source Note: The provisions of this §232.800 adopted to be effective January 1, 1999, 23 TexReg 8677; amended to be effective September 2, 1999, 24 TexReg 6750; amended to be effective June 22, 2008, 33 TexReg 4668

§232.810: Voluntary Renewal of Current Texas Educators

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

Comments

Source Note: The provisions of this §232.810 adopted to be effective January 1, 1999, 23 TexReg 8677; amended to be effective September 2, 1999, 24 TexReg 6750; amended to be effective June 22, 2008, 33 TexReg 4668

§232.820: Renewal Date for Certificates

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

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

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

Comments

Source Note: The provisions of this §232.820 adopted to be effective January 1, 1999, 23 TexReg 8677; amended to be effective June 22, 2008, 33 TexReg 4668

§232.830: Requirements for Certificate Renewal

(a) The Texas Education Agency (TEA) staff shall develop procedures to:

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

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

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

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

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

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

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

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

(3) not be a respondent in a disciplinary proceeding under Chapter 249 of this title (relating to Disciplinary Proceedings, Sanctions, and Contested Cases);

(4) successfully resolve any criminal history, as defined by §249.16 of this title (relating to Eligibility of Persons with Criminal Convictions for a Certificate under Texas Occupations Code, Chapter 53);

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

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

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

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

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

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

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

Comments

Source Note: The provisions of this §232.830 adopted to be effective January 1, 1999, 23 TexReg 8677; amended to be effective September 2, 1999, 24 TexReg 6750; amended to be effective June 7, 2000, 25 TexReg 5332; amended to be effective March 30, 2005, 30 TexReg 1770; amended to be effective June 22, 2008, 33 TexReg 4668; amended to be effective June 21, 2009, 34 TexReg 3942

§232.840: Inactive Status and Late Renewal

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

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

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

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

Comments

Source Note: The provisions of this §232.840 adopted to be effective January 1, 1999, 23 TexReg 8677; amended to be effective March 30, 2005, 30 TexReg 1770; amended to be effective June 22, 2008, 33 TexReg 4668

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

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

(b) One semester credit hour earned at an accredited institution of higher education is equivalent to 15 CPE clock hours.

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

(1) content area knowledge and skills;

(2) professional ethics and standards of conduct;

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

(A) district and campus priorities and objectives;

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

(C) discipline management;

(D) applicable federal and state laws;

(E) diversity and special needs of student populations;

(F) increasing and maintaining parental involvement;

(G) integration of technology into educational practices;

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

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

(J) instructional techniques.

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

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

Comments

Source Note: The provisions of this §232.850 adopted to be effective January 1, 1999, 23 TexReg 8677; amended to be effective September 2, 1999, 24 TexReg 6750; amended to be effective June 4, 2006, 31 TexReg 4423; amended to be effective June 22, 2008, 33 TexReg 4668

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

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

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

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

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

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

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

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

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

(i) Holders of the Standard Educational Aide Certificate are exempt from the provisions of §232.850 of this title.

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

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

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

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

(1) Supervisor;

(2) Special Education Supervisor;

(3) Vocational Supervisor;

(4) Visiting Teacher; and

(5) Special Education Visiting Teacher.

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

Comments

Source Note: The provisions of this §230.851 adopted to be effective June 7, 2000, 25 TexReg 5332; amended to be effective February 6, 2003, 28 TexReg 933; amended to be effective June 4, 2006, 31 TexReg 4423

§232.860: Types of Acceptable Continuing Professional Education Activities

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

(1) participating in institutes, workshops, seminars, conferences, in-service or staff development activities given by an approved provider or sponsor, pursuant to §232.872 of this title (relating to Provider Registration Requirements), which are related to or enhance the professional knowledge and skills of the educator. Staff development activities completed through accredited public and private schools in other states, United States territories, and countries outside Texas may be accepted;

(2) completing undergraduate courses in the content area knowledge and skills related to the certificate(s) being renewed, graduate courses, or training programs which are taken through an accredited institution of higher education as recognized by the Texas Higher Education Coordinating Board or as outlined in §230.801 of this title (relating to Definitions);

(3) participating in interactive distance learning, video conferencing, or on-line activities or conferences;

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

(5) developing curriculum or CPE training materials;

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

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

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

Comments

Source Note: The provisions of this §232.860 adopted to be effective January 1, 1999, 23 TexReg 8677; amended to be effective September 2, 1999, 24 TexReg 6750; amended to be effective June 4, 2006, 31 TexReg 4424; amended to be effective June 22, 2008, 33 TexReg 4668

§232.870: Pre-Approved Professional Education Provider or Sponsor

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

(1) State Board for Educator Certification;

(2) Texas Education Agency;

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

(4) regional education service centers;

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

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

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

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

Comments

Source Note: The provisions of this §232.870 adopted to be effective January 1, 1999, 23 TexReg 8677; amended to be effective September 2, 1999, 24 TexReg 6750; amended to be effective June 4, 2006, 31 TexReg 4424; amended to be effective June 22, 2008, 33 TexReg 4668

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

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

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

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

Comments

Source Note: The provisions of this §232.871 adopted to be effective June 4, 2006, 31 TexReg 4424; amended to be effective June 22, 2008, 33 TexReg 4668

§232.872: Provider Registration Requirements

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

(1) notify the TEA staff of the intent to offer CPE activities;

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

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

(4) document that each CPE activity:

(A) complies with applicable SBEC rules codified in the Texas Administrative Code, Title 19, Part 7;

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

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

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

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

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

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

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

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

Comments

Source Note: The provisions of this §232.872 adopted to be effective June 4, 2006, 31 TexReg 4424; amended to be effective June 22, 2008, 33 TexReg 4668

§232.880: Verification of Renewal Requirements

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

(b) By the date renewal is required, the educator shall verify through an affidavit in a manner determined by the Texas Education Agency (TEA) staff whether he or she is in compliance with renewal requirements, including CPE. If it is determined that an educator falsified any information submitted on the affidavit, the educator could be subject to criminal liability and educator certification sanction.

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

Comments

Source Note: The provisions of this §232.880 adopted to be effective January 1, 1999, 23 TexReg 8677; amended to be effective September 2, 1999, 24 TexReg 6750; amended to be effective June 22, 2008, 33 TexReg 4668

§232.890: Fees Payable Upon Certificate Renewal or Reactivation

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

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

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

(3) late renewal fee;

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

(5) national criminal history review.

Comments

Source Note: The provisions of this §232.890 adopted to be effective January 1, 1999, 23 TexReg 8677; amended to be effective September 2, 1999, 24 TexReg 6750; amended to be effective June 22, 2008, 33 TexReg 4668

Subchapter C

§232.901: Purpose

(a) This subchapter provides rules for the implementation of the criminal history record information review under the Texas Education Code (TEC), Chapter 22, Subchapter C.

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

(1) Certified educator--An employee or applicant for employment at a school entity who holds a Texas educator certification issued under the TEC, Chapter 21, Subchapter B, as required by the TEC, Chapter 22, Subchapter C, to whom the TEC, §22.0831, and this subchapter apply.

(2) Criminal History Clearinghouse--An electronic clearinghouse and subscription service established by the Texas Department of Public Safety (DPS), as defined by the Texas Government Code, §411.0845.

(3) National criminal history record information--Criminal history record information obtained from both the Texas Department of Public Safety and the Federal Bureau of Investigation, as defined by the TEC, §22.081.

(4) School entity--A school district, open-enrollment charter school, or shared services arrangement.

(5) Texas Education Agency staff--Staff of the Texas Education Agency assigned by the commissioner of education to perform the State Board for Educator Certification's (SBEC's) administrative functions and services.

(c) A certified educator shall submit fingerprint, photograph, and identification information to the DPS in the form the DPS requires for the purpose of entering the person's national criminal history record information into the Criminal History Clearinghouse.

(d) A certified educator may not be employed by a school entity on or after September 1, 2011, unless the certified educator's national criminal history record information has been entered into the Criminal History Clearinghouse and made available to the SBEC and the school entity by which the certified educator is employed.

Comments

Source Note: The provisions of this §232.901 adopted to be effective December 16, 2007, 32 TexReg 9109

§232.903: Required Assistance

All school entities and regional education service centers shall assist the State Board for Educator Certification (SBEC) and the Texas Education Agency (TEA) in the collection of criminal history record information to facilitate this review, as required by statute. School entities shall promptly submit all requested information in accordance with §232.905 of this title (relating to Submission of Required Information) to the TEA staff. School entities and regional education service centers shall cooperate with the SBEC, the TEA, and the Texas Department of Public Safety and its contractors in providing facilities and opportunities for certified educators to submit their required information.

Comments

Source Note: The provisions of this §232.903 adopted to be effective December 16, 2007, 32 TexReg 9109

§232.905: Submission of Required Information

(a) Notice to school entity.

(1) Upon notice from the Texas Education Agency (TEA) staff, a school entity shall provide, no later than 15 calendar days from the date the school entity receives the notice, the names, e-mail addresses, mailing addresses, and any other requested identifying information for all certified educators employed by the school entity at that time.

(2) All certified educators shall provide the school entity by which they are employed an e-mail address at which the certified educator can receive notices and authorizations required by this subchapter. A school entity e-mail address or an Internet e-mail address is acceptable for this purpose.

(3) The TEA staff shall use the identifying information to send notices to the school entity and its certified educators notifying those educators who must submit fingerprint, photograph, and identification information for the purpose of a national criminal history record information review.

(4) All certified educators hired by a school entity after it submits the names of all its certified educators to the TEA staff shall submit fingerprint, photograph, and identification information required by this subchapter before the certified educator begins employment with the school entity. This requirement will not apply if the certified educator has already submitted such information to the Texas Department of Public Safety (DPS) in the form the DPS requires.

(b) Notice to certified educator to submit required information.

(1) The TEA staff shall notify the certified educator by e-mail, at the address specified by the school entity, that the certified educator must submit fingerprint, photograph, and identification information to the DPS in the form the DPS requires for the purpose of entering the certified educator's national criminal history record information into the Criminal History Clearinghouse.

(2) The notice shall specify the date, which shall be at least 80 calendar days from the date the notice is sent via e-mail, that the certified educator's national criminal history record information must be received by the TEA staff as required by this section and by the Texas Education Code (TEC), §22.083.

(3) The TEA staff shall e-mail the employing school entity a copy of each notice.

(4) Within ten calendar days of the date on which each notice was sent, the school entity shall ensure that all affected certified educators have received the notice by obtaining written acknowledgment from each certified educator, or by delivering a copy of the notice to the certified educator. The school entity shall maintain a record of the proof of delivery of each notice.

(5) Twenty-five calendar days before the date on which an educator's criminal history information must be submitted, the TEA staff shall send a reminder notice, by e-mail only, to any certified educator whose information has not yet been received and to his or her employing school entity.

(c) Authorization to submit required information.

(1) Each certified educator shall pay the required national criminal history review fee, which shall be in the same amount as the national criminal history check fee for applicants for certification in §230.436 of this title (relating to Schedule of Fees for Certification Services), and shall electronically obtain an authorization form from the TEA staff. This provision does not prohibit another entity from paying the national criminal history review fee on behalf of the educator.

(2) The authorization form shall be used to submit fingerprint, photograph, and identification information to the DPS and its contractors in the form that the DPS requires to obtain national criminal history record information required by the TEC, §22.0831, which shall be entered into the Criminal History Clearinghouse, and made available to the TEA staff and the school entity.

(3) Only fingerprint information that has been properly authorized by the TEA staff shall satisfy the requirements of the TEC, §22.0831, and shall be accepted and entered in the Criminal History Clearinghouse.

Comments

Source Note: The provisions of this §232.905 adopted to be effective December 16, 2007, 32 TexReg 9109

§232.907: Inactive Status

(a) If the Texas Education Agency (TEA) staff has not received a certified educator's national criminal history record information as required by this subchapter by the date specified in the notice described in §232.905(b) of this title (relating to Submission of Required Information), the educator's certificate shall be placed on inactive status.

(b) For good cause shown, the date on which a certified educator's certificate becomes inactive may be extended one time for a period not to exceed ten calendar days. Such an extension may only be granted by a person designated for this purpose by the SBEC, and the decision to grant or deny a request for extension shall be within the designee's sole discretion.

(c) An educator whose certificate is in inactive status is ineligible for employment in a Texas public school in a position that requires educator certification, pursuant to the Texas Education Code, §21.003(a) and §22.0831(d).

(d) An educator's certificate shall be removed from inactive status and reactivated when the TEA staff receives a certified educator's national criminal history record information as required by this subchapter.

Comments

Source Note: The provisions of this §232.907 adopted to be effective December 16, 2007, 32 TexReg 9109

§232.909: State Board for Educator Certification Review of National Criminal History Information

A certified educator's national criminal history record information submitted under the provisions of the Texas Education Code, §22.0831, and this subchapter shall be reviewed by the Texas Education Agency staff in accordance with the disciplinary rules and procedures contained in Chapter 249 of this title (relating to Disciplinary Proceedings, Sanctions, and Contested Cases).

Comments

Source Note: The provisions of this §232.909 adopted to be effective December 16, 2007, 32 TexReg 9109

Chapter 233

§233.1: General Authority

(a) In this chapter, the State Board for Educator Certification (SBEC) establishes separate certificate categories within the certificate class for the classroom teacher established under §232.2(b)(3) of this title (relating to Classes of Certificates).

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

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

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

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

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

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

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

(f) A person seeking a languages other than English certificate valid for Early Childhood-Grade 12 specified in §233.15 of this title (relating to Languages Other Than English) must successfully complete an approved oral or communication proficiency examination in the target language in addition to the appropriate grade level of pedagogy and professional responsibility and content subject examinations as specified in subsection (e) of this section.

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

Comments

Source Note: The provisions of this §233.1 adopted to be effective June 9, 2002, 27 TexReg 4699; amended to be effective June 22, 2008, 33 TexReg 4670; amended to be effective October 25, 2009, 34 TexReg 7199

§233.2: Generalist

(a) Generalist: Early Childhood-Grade 4. The Generalist: Early Childhood-Grade 4 certificate may be issued no earlier than September 1, 2002. The provisions of this subsection shall expire on September 1, 2011. The holder of the Generalist: Early Childhood-Grade 4 certificate may teach the following content areas in a prekindergarten program, in kindergarten, and in Grades 1-4:

(1) Art;

(2) Health;

(3) Music;

(4) Physical Education;

(5) English Language Arts and Reading;

(6) Mathematics;

(7) Science;

(8) Social Studies; and

(9) Technology Applications.

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

(1) English Language Arts and Reading;

(2) Mathematics;

(3) Science; and

(4) Social Studies.

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

(1) Art;

(2) Health;

(3) Music;

(4) Physical Education;

(5) English Language Arts and Reading;

(6) Mathematics;

(7) Science;

(8) Social Studies; and

(9) Technology Applications.

(d) The holder of the Generalist: Early Childhood-Grade 4, Bilingual Generalist: Early Childhood-Grade 4, or English as a Second Language Generalist: Early Childhood-Grade 4 certificates may be assigned to teach the content areas specified in subsection (a) of this section in a self-contained classroom in Grades 5 and 6 during the school years 2003-2004, 2004-2005, 2005-2006, and 2006-2007. Standard certificate holders assigned prior to the 2007-2008 school year, in accordance with this subsection, may remain in these assignments, at the discretion of the employing school districts, through the 2009-2010 school year.

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

(2) The superintendent or designee must affirm:

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

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

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

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

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

(3) Individuals assigned to self-contained classrooms in Grades 5 and 6 under the provisions of this subsection are subject to the provisions of the Texas Education Code, §21.057.

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

Comments

Source Note: The provisions of this §233.2 adopted to be effective June 9, 2002, 27 TexReg 4699; amended to be effective February 6, 2003, 28 TexReg 935; amended to be effective July 31, 2006, 31 TexReg 5963; amended to be effective October 17, 2007, 32 TexReg 7262; amended to be effective June 22, 2008, 33 TexReg 4670; amended to be effective June 21, 2009, 34 TexReg 3943

§233.3: English Language Arts and Reading; Social Studies

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

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

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

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

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

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

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

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

Comments

Source Note: The provisions of this §233.3 adopted to be effective June 9, 2002, 27 TexReg 4699; amended to be effective February 6, 2003, 28 TexReg 935; amended to be effective June 4, 2006, 31 TexReg 4425; amended to be effective June 22, 2008, 33 TexReg 4670

§233.4: Mathematics; Science

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

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

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

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

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

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

(g) Physical Science: Grades 8-12. The Physical Science: Grades 8-12 certificate may be issued no earlier than September 1, 2002. The holder of the Physical Science: Grades 8-12 certificate is eligible to teach science in Grade 8 and all physics and chemistry courses, including Integrated Physics and Chemistry, Principles of Technology I and II, and Scientific Research and Design, in Grades 9-12. All teachers assigned to teach Principles of Technology I and II shall participate in a TEA-approved workshop for beginning principles of technology teachers prior to teaching the course.

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

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

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

Comments

Source Note: The provisions of this §233.4 adopted to be effective June 9, 2002, 27 TexReg 4699; amended to be effective February 6, 2003, 28 TexReg 935; amended to be effective June 28, 2004, 29 TexReg 6088; amended to be effective June 4, 2006, 31 TexReg 4425; amended to be effective June 22, 2008, 33 TexReg 4670; amended to be effective June 21, 2009, 34 TexReg 3943

§233.5: Technology Applications and Computer Science

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

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

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

Comments

Source Note: The provisions of this §233.5 adopted to be effective June 9, 2002, 27 TexReg 4699; amended to be effective February 6, 2003, 28 TexReg 935; amended to be effective June 22, 2008, 33 TexReg 4670

§233.6: Bilingual Education

(a) Bilingual Generalist: Early Childhood-Grade 4. The Bilingual Generalist: Early Childhood-Grade 4 certificate may be issued no earlier than September 1, 2002. The holder of the Bilingual Generalist: Early Childhood-Grade 4 certificate may teach in a bilingual prekindergarten program, a bilingual kindergarten program, and a bilingual program in Grades 1-4. The holder of the Bilingual Generalist: Early Childhood-Grade 4 certificate may teach the same content areas, in either a bilingual or general education program, as the holder of the Generalist: Early Childhood-Grade 4 certificate may teach under §233.2(a) of this title (relating to Generalist). The holder of the Bilingual Generalist: Early Childhood-Grade 4 certificate may also teach in an English as a second language program in Early Childhood-Grade 4. The provisions of this subsection shall expire on September 1, 2011.

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

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

(d) Bilingual Education Supplemental: Early Childhood-Grade 4. The Bilingual Education Supplemental: Early Childhood-Grade 4 certificate may be issued no earlier than September 1, 2002. The holder of the Bilingual Education Supplemental: Early Childhood-Grade 4 certificate may teach in a bilingual program at the same grade levels and in the content area(s) of the holder's base certificate. The holder of the Bilingual Education Supplemental: Early Childhood-Grade 4 certificate may also teach in an English as a second language program at the same grade levels and in the content area(s) of the holder's base certificate. The provisions of this subsection shall expire on September 1, 2011.

(e) Bilingual Education Supplemental: Grades 4-8. The Bilingual Education Supplemental: Grades 4-8 certificate may be issued no earlier than September 1, 2002. The holder of the Bilingual Education Supplemental: Grades 4-8 certificate may teach in a bilingual program at the same grade levels and in the content area(s) of the holder's base certificate. The holder of the Bilingual Education Supplemental: Grades 4-8 certificate may also teach in an English as a second language program at the same grade levels and in the content area(s) of the holder's base certificate. The provisions of this subsection shall expire on September 1, 2011.

(f) Bilingual Education Supplemental. The Bilingual Education Supplemental certificate may be issued no earlier than September 1, 2009. The holder of the Bilingual Education Supplemental certificate may teach in a bilingual program at the same grade levels and in the content area(s) of the holder's base certificate. The holder of the Bilingual Education Supplemental certificate may also teach in an English as a second language program at the same grade levels and in the content area(s) of the holder's base certificate.

Comments

Source Note: The provisions of this §233.6 adopted to be effective June 9, 2002, 27 TexReg 4699; amended to be effective February 6, 2003, 28 TexReg 935; amended to be effective June 22, 2008, 33 TexReg 4670; amended to be effective June 21, 2009, 34 TexReg 3943

§233.7: English as a Second Language

(a) English as a Second Language Generalist: Early Childhood-Grade 4. The English as a Second Language Generalist: Early Childhood-Grade 4 certificate may be issued no earlier than September 1, 2003. The holder of the English as a Second Language Generalist: Early Childhood-Grade 4 certificate may teach in an English as a second language program in prekindergarten-Grade 4. The holder of the English as a Second Language Generalist: Early Childhood-Grade 4 certificate may teach the same content areas, in either an English as a second language or a general education program, as the holder of the Generalist: Early Childhood-Grade 4 certificate may teach under §233.2(a) of this title (relating to Generalist). The provisions of this subsection shall expire on September 1, 2011.

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

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

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

Comments

Source Note: The provisions of this §233.7 adopted to be effective February 6, 2003, 28 TexReg 935; amended to be effective June 22, 2008, 33 TexReg 4670; amended to be effective June 21, 2009, 34 TexReg 3943

§233.8: Special Education

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

(b) Special Education Supplemental. The Special Education Supplemental certificate may be issued no earlier than September 1, 2003. The holder of the Special Education Supplemental certificate may teach in a special education instructional program serving eligible students at the same grade levels and in the content area(s) of the holder's base certificate, unless otherwise specified in §89.1131 of this title.

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

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

Comments

Source Note: The provisions of this §233.8 adopted to be effective February 6, 2003, 28 TexReg 935; amended to be effective June 4, 2006, 31 TexReg 4425; amended to be effective June 22, 2008, 33 TexReg 4670

§233.9: Gifted and Talented

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

Comments

Source Note: The provisions of this §233.9 adopted to be effective June 28, 2004, 29 TexReg 6088; amended to be effective June 22, 2008, 33 TexReg 4670

§233.10: Fine Arts

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

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

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

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

Comments

Source Note: The provisions of this §233.10 adopted to be effective June 28, 2004, 29 TexReg 6088; amended to be effective June 4, 2006, 31 TexReg 4425

§233.11: Health

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

Comments

Source Note: The provisions of this §233.11 adopted to be effective June 28, 2004, 29 TexReg 6088; amended to be effective June 22, 2008, 33 TexReg 4670

§233.12: Career and Technical Education (Certificates not requiring experience and preparation in a skill area)

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

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

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

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

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

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

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

Comments

Source Note: The provisions of this §233.12 adopted to be effective June 28, 2004, 29 TexReg 6088; amended to be effective June 4, 2006, 31 TexReg 4425; amended to be effective August 9, 2007, 32 TexReg 4756; amended to be effective June 22, 2008, 33 TexReg 4670; amended to be effective June 21, 2009, 34 TexReg 3943

§233.13: Physical Education

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

Comments

Source Note: The provisions of this §233.13 adopted to be effective March 30, 2005, 30 TexReg 1770; amended to be effective June 22, 2008, 33 TexReg 4670

§233.14: Career and Technical Education (Certificates requiring experience and preparation in a skill area)

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

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

Comments

Source Note: The provisions of this §233.14 adopted to be effective June 4, 2006, 31 TexReg 4425; amended to be effective June 22, 2008, 33 TexReg 4670; amended to be effective June 21, 2009, 34 TexReg 3943

§233.15: Languages Other Than English

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

(b) Arabic: Early Childhood-Grade 12. The Arabic: Early Childhood-Grade 12 certificate may be issued no earlier than October 15, 2007. The holder of the Arabic: Early Childhood-Grade 12 certificate is eligible to teach Arabic in a prekindergarten program, in kindergarten, and in Grades 1-12.

(c) Chinese: Early Childhood-Grade 12. The Chinese: Early Childhood-Grade 12 certificate may be issued no earlier than October 15, 2007. The holder of the Chinese: Early Childhood-Grade 12 certificate is eligible to teach Chinese in a prekindergarten program, in kindergarten, and in Grades 1-12.

(d) French: Early Childhood-Grade 12. The French: Early Childhood-Grade 12 certificate may be issued no earlier than November 1, 2009. The holder of the French: Early Childhood-Grade 12 certificate is eligible to teach French in a prekindergarten program, in kindergarten, and in Grades 1-12.

(e) German: Early Childhood-Grade 12. The German: Early Childhood-Grade 12 certificate may be issued no earlier than November 1, 2009. The holder of the German: Early Childhood-Grade 12 certificate is eligible to teach German in a prekindergarten program, in kindergarten, and in Grades 1-12.

(f) Japanese: Early Childhood-Grade 12. The Japanese: Early Childhood-Grade 12 certificate may be issued no earlier than October 15, 2007. The holder of the Japanese: Early Childhood-Grade 12 certificate is eligible to teach Japanese in a prekindergarten program, in kindergarten, and in Grades 1-12.

(g) Latin: Early Childhood-Grade 12. The Latin: Early Childhood-Grade 12 certificate may be issued no earlier than January 1, 2010. The holder of the Latin: Early Childhood-Grade 12 certificate is eligible to teach Latin in a prekindergarten program, in kindergarten, and in Grades 1-12.

(h) Russian: Early Childhood-Grade 12. The Russian: Early Childhood-Grade 12 certificate may be issued no earlier than October 15, 2007. The holder of the Russian: Early Childhood-Grade 12 certificate is eligible to teach Russian in a prekindergarten program, in kindergarten, and in Grades 1-12.

(i) Spanish: Early Childhood-Grade 12. The Spanish: Early Childhood-Grade 12 certificate may be issued no earlier than November 1, 2009. The holder of the Spanish: Early Childhood-Grade 12 certificate is eligible to teach Spanish in a prekindergarten program, in kindergarten, and in Grades 1-12.

(j) Vietnamese: Early Childhood-Grade 12. The Vietnamese: Early Childhood-Grade 12 certificate may be issued no earlier than October 15, 2007. The holder of the Vietnamese: Early Childhood-Grade 12 certificate is eligible to teach Vietnamese in a prekindergarten program, in kindergarten, and in Grades 1-12.

Comments

Source Note: The provisions of this §233.15 adopted to be effective June 4, 2006, 31 TexReg 4425; amended to be effective October 15, 2007, 32 TexReg 7264; amended to be effective October 25, 2009, 34 TexReg 7199

Chapter 239

Subchapter A

§239.1: General Provisions

(a) Because the school counselor plays a critical role in campus effectiveness and student achievement, the rules adopted by the State Board for Educator Certification in this subchapter ensure that each candidate for the School Counselor Certificate is of the highest caliber and possesses the knowledge and skills necessary to improve the performance of the diverse student population of this state.

(b) An individual serving as a school counselor is expected to actively participate in professional development activities to continually update his or her knowledge and skills. Currency in best practices and research as related to both campus leadership and student learning is essential.

(c) The holder of the School Counselor Certificate issued under the provisions of this subchapter may provide counseling services to all students in Prekindergarten-Grade 12.

Comments

Source Note: The provisions of this §239.1 adopted to be effective January 23, 2001, 26 TexReg 761; amended to be effective July 13, 2004, 29 TexReg 6644; amended to be effective December 23, 2009, 34 TexReg 9201

§239.5: Minimum Requirements for Admission to a School Counselor Preparation Program

(a) Prior to admission to an educator preparation program leading to the School Counselor Certificate, an individual must:

(1) hold a baccalaureate degree from an accredited institution of higher education that at the time was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board; and

(2) meet the requirements for admission to an educator preparation program under Chapter 227 of this title (relating to Provisions for Educator Preparation Candidates).

(b) An educator preparation program may adopt requirements for admission in addition to those required in subsection (a) of this section.

Comments

Source Note: The provisions of this §239.5 adopted to be effective January 23, 2001, 26 TexReg 761; amended to be effective December 23, 2009, 34 TexReg 9201

§239.10: Preparation Program Requirements

(a) Structured, field-based training must be focused on actual experiences with each of the standards identified in §239.15 of this title (relating to Standards Required for the School Counselor Certificate) to include experiences with diverse types of students, grade levels, and campuses.

(b) An educator preparation program must develop and implement specific criteria and procedures that allow a candidate to substitute related professional counselor training and/or experience directly related to the standards identified in §239.15 of this title for part of the preparation coursework or other program requirements.

Comments

Source Note: The provisions of this §239.10 adopted to be effective January 23, 2001, 26 TexReg 761; amended to be effective December 23, 2009, 34 TexReg 9201

§239.15: Standards Required for the School Counselor Certificate

(a) School Counselor Certificate Standards. The knowledge and skills identified in this section must be used by an educator preparation program in the development of curricula and coursework and by the State Board for Educator Certification as the basis for developing the examination required to obtain the School Counselor Certificate. The standards also serve as the foundation for the professional growth plan and continuing professional education activities required by §239.25 of this title (relating to Requirements to Renew the Standard School Counselor Certificate).

(b) Standard I. Learner-Centered Knowledge: The certified school counselor has a broad knowledge base. The certified school counselor must know and understand:

(1) the history of counseling;

(2) counseling and consultation theories and practices;

(3) career development theories and practices;

(4) assessment principles and procedures, including the appropriate use of tests and test results;

(5) changing societal trends, including demographic, economic, and technological tendencies, and their relevance to school counseling;

(6) environmental, social, and cultural factors that affect learners' development and the relevance of those factors to guidance and counseling programs;

(7) learners' developmental characteristics and needs and their relevance to educational and career choices;

(8) legal and ethical standards, practices, and issues;

(9) the characteristics and educational needs of special populations;

(10) theories and techniques in pedagogy and classroom management;

(11) the integration of the guidance and academic curricula;

(12) the roles and responsibilities of the counselor in a developmental guidance and counseling program that is responsive to all students; and

(13) counseling-related research techniques and practices.

(c) Standard II. Learner-Centered Skills: The certified school counselor applies the knowledge base to promote the educational, personal, social, and career development of the learner. The certified school counselor must:

(1) develop processes and procedures for planning, designing, implementing, and evaluating a developmental guidance and counseling program;

(2) provide a proactive, developmental guidance program based on the needs of students;

(3) counsel individuals and small groups using appropriate counseling theories and techniques in response to students' needs;

(4) consult with parents/guardians, teachers, administrators, and other individuals as appropriate to enhance their work with students;

(5) coordinate resources for students within the school and community;

(6) demonstrate proficiency in teaching small and large groups by actively engaging students in the learning process;

(7) participate in the selection, use, and interpretation of assessments and assessment results;

(8) use varied sources of information about students for assessment purposes;

(9) use counseling-related research techniques and practices to address student needs; and

(10) advocate for a developmental guidance and counseling program that is responsive to all students.

(d) Standard III. Learner-Centered Process: The certified school counselor participates in the development, monitoring, and evaluation of a developmental school guidance and counseling program that promotes learners' knowledge, skills, motivation, and personal growth. The certified school counselor must:

(1) collaborate with others in the school and community to implement a guidance curriculum that promotes learners' development in all domains, including cognitive, social, and emotional areas;

(2) facilitate learners' ability to achieve their potential by helping them set and attain challenging educational, career, and personal/social goals based on various types of information;

(3) use both preventive and intervening strategies to address the concerns of learners and to help them clarify problems and situations, set goals, explore options, and implement change;

(4) implement effective referral procedures to facilitate the use of special programs and services; and

(5) act as a consultant and/or coordinator to help learners achieve success inside and outside of school.

(e) Standard IV. Learner-Centered Equity and Excellence for All Learners: The certified school counselor promotes academic success for all learners by acknowledging, respecting, and responding to diversity while building on similarities that bond all people. The certified school counselor must:

(1) understand learner differences, including those related to cultural background, gender, ethnicity, and learning styles, and know ways to create and maintain a positive school environment that is responsive to all learners;

(2) advocate for a school environment in which diversity is acknowledged and respected, resulting in positive interactions across cultures; and

(3) facilitate learning and achievement for all students, including special populations, by promoting a cooperative, inclusive, and purposeful learning environment.

(f) Standard V. Learner-Centered Communications: The certified school counselor, an advocate for all students and the school, demonstrates effective professional and interpersonal communication skills. The certified school counselor must:

(1) demonstrate effective communication through oral, written, and nonverbal expression;

(2) use knowledge of group dynamics and productive group interaction;

(3) support responsive interventions by effectively communicating with parents/guardians, teachers, administrators, and community members;

(4) facilitate learners' access to community resources;

(5) develop and implement strategies for effective internal and external communications;

(6) facilitate parent/guardian involvement in their children's education;

(7) develop partnerships with parents/guardians, businesses, and other groups in the community to facilitate learning; and

(8) work effectively as a team member to promote positive change for individuals, groups, and the school community.

(g) Standard VI. Learner-Centered Professional Development: The certified school counselor continues professional development, demonstrating a commitment to learn, to improve the profession, and to model professional ethics and personal integrity. The certified school counselor must:

(1) use reflection, self-assessment, and interactions with colleagues to promote personal professional development;

(2) use counseling-related research techniques and practices as well as technology and other resources to facilitate continued professional growth;

(3) strive toward the highest level of professionalism by adhering to and modeling professional, ethical, and legal standards;

(4) apply research-based practice to improve the school guidance and counseling program; and

(5) continue professional development to improve the school guidance and counseling program.

Comments

Source Note: The provisions of this §239.15 adopted to be effective January 23, 2001, 26 TexReg 761; amended to be effective December 23, 2009, 34 TexReg 9201

§239.20: Requirements for the Issuance of the Standard School Counselor Certificate

To be eligible to receive the standard School Counselor Certificate, a candidate must:

(1) successfully complete a school counselor preparation program that meets the requirements of §239.10 of this title (relating to Preparation Program Requirements) and §239.15 of this title (relating to Standards Required for the School Counselor Certificate);

(2) successfully complete the examination based on the standards identified in §239.15 of this title;

(3) hold, at a minimum, a master's degree from an accredited institution of higher education that at the time was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board; and

(4) have two creditable years of teaching experience as a classroom teacher, as defined in Chapter 153, Subchapter CC, of this title (relating to Commissioner's Rules on Creditable Years of Service) and the Texas Education Code, §5.001(2).

Comments

Source Note: The provisions of this §239.20 adopted to be effective January 23, 2001, 26 TexReg 761; amended to be effective December 23, 2009, 34 TexReg 9201

§239.25: Requirements to Renew the Standard School Counselor Certificate

(a) An individual issued a standard counselor certificate under this title from September 1, 1999, to August 31, 2000, is subject to Chapter 232, Subchapter B, of this title (relating to Certificate Renewal and Continuing Professional Education Requirements), except that only 150 clock-hours of continuing professional education must be completed during the first five-year renewal period. During subsequent renewal periods, the holder of such an active standard counselor certificate must satisfy the most current requirements for renewal.

(b) An individual issued the standard School Counselor Certificate on or after September 1, 2000, is subject to Chapter 232, Subchapter B, of this title.

(c) An individual who holds a valid Texas counselor certificate issued prior to September 1, 1999, may voluntarily comply with the requirements of this section under procedures implemented by the Texas Education Agency staff under §232.810 of this title (relating to Voluntary Renewal of Current Texas Educators).

Comments

Source Note: The provisions of this §239.25 adopted to be effective January 23, 2001, 26 TexReg 761; amended to be effective December 23, 2009, 34 TexReg 9201

§239.30: Transition and Implementation Dates

(a) Section 239.20 of this title (relating to Requirements for the Issuance of the Standard School Counselor Certificate) shall be implemented September 1, 2002, and shall supersede all conflicting provisions in this title on September 1, 2003. All other sections of this subchapter shall take effect pursuant to the Texas Government Code, §2001.036.

(b) Not later than September 1, 2003, the following provisions shall no longer apply to the School Counselor Certificate:

(1) Section 245.5(a)(2) of this title (relating to Requirements for Issuance of a Texas Certificate Based on Certification from Another Country), as it existed on May 5, 2000; and

(2) the "teaching practicum" requirement in §245.10(a)(2)(B) of this title (relating to Application Procedures), as it existed on May 5, 2000.

Comments

Source Note: The provisions of this §239.30 adopted to be effective January 23, 2001, 26 TexReg 761; amended to be effective June 9, 2002, 27 TexReg 4701; amended to be effective December 23, 2009, 34 TexReg 9201

Subchapter B

§239.40: General Provisions

(a) Because the school librarian plays a critical role in campus effectiveness and student achievement, the rules adopted by the State Board for Educator Certification in this subchapter ensure that each candidate for the School Librarian Certificate is of the highest caliber and possesses the knowledge and skills necessary to improve the performance of the diverse student population of this state.

(b) An individual serving as a school librarian is expected to actively participate in professional development activities to continually update his or her knowledge and skills. Currency in best practices and research as related to both campus leadership and student learning is essential.

(c) The holder of the School Librarian Certificate issued under the provisions of this subchapter may serve as a librarian in Prekindergarten-Grade 12.

Comments

Source Note: The provisions of this §239.40 adopted to be effective January 23, 2001, 26 TexReg 761; amended to be effective July 13, 2004, 29 TexReg 6645; amended to be effective December 23, 2009, 34 TexReg 9201

§239.45: Minimum Requirements for Admission to a School Librarian Preparation Program

(a) Prior to admission to an educator preparation program leading to the School Librarian Certificate, an individual must:

(1) hold a baccalaureate degree from an accredited institution of higher education that at the time was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board; and

(2) meet the requirements for admission to an educator preparation program under Chapter 227 of this title (relating to Provisions for Educator Preparation Candidates).

(b) An educator preparation program may adopt requirements for admission in addition to those required under subsection (a) of this section.

Comments

Source Note: The provisions of this §239.45 adopted to be effective January 23, 2001, 26 TexReg 761; amended to be effective December 23, 2009, 34 TexReg 9201

§239.50: Preparation Program Requirements

(a) Structured, field-based training must be focused on actual experiences with each of the standards identified in §239.55 of this title (relating to Standards Required for the School Librarian Certificate) to include actual library experiences with diverse types of students, grade levels, and campuses.

(b) An educator preparation program must develop and implement specific criteria and procedures that allow a candidate to substitute related experience and/or professional training directly related to the standards identified in §239.55 of this title for part of the preparation coursework or other program requirements.

Comments

Source Note: The provisions of this §239.50 adopted to be effective January 23, 2001, 26 TexReg 761; amended to be effective December 23, 2009, 34 TexReg 9201

§239.55: Standards Required for the School Librarian Certificate

(a) School Librarian Certificate Standards. The knowledge and skills identified in this section must be used by an educator preparation program in the development of curricula and coursework and by the State Board for Educator Certification as the basis for developing the examination required to obtain the School Librarian Certificate. The standards also serve as the foundation for the professional growth plan and continuing professional education activities required by §239.65 of this title (relating to Requirements to Renew the Standard School Librarian Certificate).

(b) Standard I. Learner-Centered Teaching and Learning: The certified school librarian is an educational leader who promotes the integration of curriculum, resources, and teaching strategies to ensure the success of all students as the effective creators and users of ideas and information, enabling them to become lifelong learners. Accordingly, the certified school librarian must be able to do the following activities with understanding and valuation of their importance:

(1) participate as an educational leader, an equal partner, and a change agent in the curriculum development process at both the school campus and school district levels;

(2) participate in curriculum design and integrated planning of a shared school campus vision that focuses on reading, teaching, and learning;

(3) model and promote collaborative planning, cooperative teaching, and direct instruction as determined by learners' needs and state curriculum standards;

(4) direct and encourage students in the ethical use of resources to locate, gather, select, synthesize, and evaluate relevant information;

(5) work collaboratively with faculty to provide students with opportunities to assume responsibility for planning and engaging in independent learning;

(6) adapt teaching strategies to accommodate the diverse learning needs of the student population;

(7) provide and promote ongoing staff development for the learning community, particularly in the areas of integration of information technology, information literacy, and literature appreciation;

(8) provide and promote ongoing learning opportunities for students, particularly in the areas of integration of information technology and information literacy;

(9) direct and encourage students to read a variety of fiction and nonfiction resources for personal and informational needs;

(10) understand and evaluate national, state, and local reading initiatives;

(11) create a learning environment in which the diversity of groups and the uniqueness of individuals are recognized and appreciated; and

(12) provide instructional access to library resources and facilities through open, flexible scheduling for classes, small groups, and individuals.

(c) Standard II. Learner-Centered Library Program Leadership and Management: The certified school librarian is an educational leader who promotes the success of all students by acquiring, organizing, and managing information for use in a creative and exemplary library program. Accordingly, the certified school librarian is a leader and manager who must be able to do the following activities with understanding and valuation of their importance:

(1) advocate for the development of an exemplary library media program that encourages a vision of excellence for all learners;

(2) synthesize information from a variety of sources for effective decision making to develop and maintain an exemplary library program;

(3) design policies and procedures that comply with local, state, and federal laws and policies while supporting sound decisions relating to school and library instruction and programs;

(4) establish partnerships within the learning community to support school district and school campus goals through exemplary library programs;

(5) demonstrate effective leadership strategies while working within school campus and school district administrative structures to promote achievement of library program goals;

(6) employ effective interpersonal communication skills;

(7) implement effective strategies and techniques to systematically perform library management operations such as budgeting; purchasing; scheduling; managing and maintaining facilities and resources; supervising adults and children; reporting; grant writing; and overseeing circulation and inventory;

(8) collaborate with faculty to ensure that the process of evaluating and selecting library resources provides curriculum-related and leisure reading materials;

(9) design and implement acceptable use policies for current and emerging technologies;

(10) use effective planning, time management, and organization of work to maximize attainment of district and campus goals through exemplary library programs; and

(11) monitor, assess, and employ existing and emerging technologies for management applications.

(d) Standard III. Learner-Centered Technology and Information Access: The certified school librarian is an educational leader who promotes the success of all students by facilitating the use and integration of technology, telecommunications, and information systems to enrich the curriculum and enhance learning. Accordingly, the certified school librarian must be able to do the following activities with understanding and valuation of their importance:

(1) provide a balanced, carefully selected, and systematically organized collection of library resources that are sufficient to meet students' needs and are continuously monitored to be current and relevant in each subject area;

(2) model and promote the highest standard of conduct, ethics, and integrity in the use of the Internet and other print and electronic resources;

(3) employ existing and emerging technologies to access, evaluate, and disseminate information for possible application to instructional programs;

(4) promote interlibrary loan policy to facilitate information access beyond the campus;

(5) model information problem-solving processes in providing instruction about reference and research techniques; and

(6) participate in state and national technology initiatives.

(e) Standard IV. Learner-Centered Library Environment: The school librarian is an educational leader who promotes the success of all students by establishing a climate in the library that enables and encourages all members of the learning community to explore and meet their information needs. Accordingly, the certified school librarian must be able to do the following activities with understanding and valuation of their importance:

(1) understand the principles of exemplary library design as defined by state and federal guidelines for a simultaneous-use facility for individuals, small groups, and classes;

(2) develop and maintain a flexible, functional, and barrier-free library facility that conforms to national and state library standards;

(3) provide a safe, secure environment that is age appropriate;

(4) maximize available space to permit displays of student-, faculty- and community-produced materials and collections; and

(5) promote access to resources and information during and beyond the instructional day and school year.

(f) Standard V. Learner-Centered Connections to the Community: The school librarian is an educational leader who promotes the success of all students by collaborating with families and community members, responding to diverse community interests and needs, and fostering the use of community resources. Accordingly, the certified school librarian must be able to do the following activities with understanding and valuation of their importance:

(1) promote awareness of and responsiveness to learning differences and other types of diversity in the learning community;

(2) exhibit effective communication through oral, written, electronic, and nonverbal expression;

(3) implement strategies for effective internal and external communications;

(4) establish partnerships with businesses, learning institutions, global communities, and other libraries and entities to strengthen programs and support school campus goals;

(5) develop library programs that offer families opportunities to participate in school activities and in their children's education;

(6) advocate access to resources and information during and beyond the instructional day and school year; and

(7) develop and implement a comprehensive program of community relations that uses strategies to effectively involve and inform multiple constituencies, including the news media.

(g) Standard VI. Learner-Centered Information Science and Librarianship: As an educational leader, the certified school librarian uses his or her unique knowledge base, drawing from both education and library science, to promote the success of all students and to provide experiences that help learners locate, evaluate, and use information to solve problems while becoming lifelong readers and learners. Accordingly, the certified school librarian must be able to do the following activities with understanding and valuation of their importance:

(1) understand the role of all types of libraries and information agencies in an integrated learning environment;

(2) understand the role of the school library media program as a central element in the intellectual life of the school;

(3) know theories, principles, and skills related to the selection, acquisition, organization, storage, retrieval, use, and evaluation of information;

(4) implement standard library procedures for classifying, cataloging, and processing various resources that facilitate computerization and resource sharing;

(5) evaluate and select existing and emergent technologies in support of the library program;

(6) communicate effectively to patrons to determine their information needs;

(7) demonstrate an understanding of bibliographic and retrieval techniques needed to organize and use information sources;

(8) use knowledge of literature and information resources to help students select materials;

(9) understand and model principles of intellectual freedom, information access, privacy, and proprietary rights;

(10) design and use statistical reports to support an exemplary library program;

(11) use varied reading materials, programs, and motivational strategies to guide the development of independent readers;

(12) engage in continual self-evaluation and self-directed learning for professional growth;

(13) maintain an active interest in and contribute to appropriate local, state, regional, and national professional associations and publications;

(14) demonstrate ethical behavior in all professional contexts; and

(15) work collaboratively with other information professionals in support of the library program and the profession.

Comments

Source Note: The provisions of this §239.55 adopted to be effective January 23, 2001, 26 TexReg 761; amended to be effective December 23, 2009, 34 TexReg 9201

§239.60: Requirements for the Issuance of the Standard School Librarian Certificate

To be eligible to receive the standard School Librarian Certificate, a candidate must:

(1) successfully complete a school librarian preparation program that meets the requirements of §239.50 of this title (relating to Preparation Program Requirements) and §239.55 of this title (relating to Standards Required for the School Librarian Certificate);

(2) successfully complete the examination based on the standards identified in §239.55 of this title;

(3) hold, at a minimum, a master's degree from an accredited institution of higher education that at the time was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board; and

(4) have two creditable years of teaching experience as a classroom teacher, as defined in Chapter 153, Subchapter CC, of this title (relating to Commissioner's Rules on Creditable Years of Service) and the Texas Education Code, §5.001(2).

Comments

Source Note: The provisions of this §239.60 adopted to be effective January 23, 2001, 26 TexReg 761; amended to be effective December 23, 2009, 34 TexReg 9201

§239.65: Requirements to Renew the Standard School Librarian Certificate

(a) An individual issued a standard librarian certificate from September 1, 1999, to August 31, 2000, is subject to Chapter 232, Subchapter B, of this title (relating to Certificate Renewal and Continuing Professional Education Requirements), except that only 150 clock-hours of continuing professional education must be completed during the first five-year renewal period. During subsequent renewal periods, the holder of such an active standard librarian certificate must satisfy the most current requirements for renewal.

(b) An individual issued the standard School Librarian Certificate on or after September 1, 2000, is subject to Chapter 232, Subchapter B, of this title.

(c) An individual who holds a valid Texas school librarian certificate or endorsement issued prior to September 1, 1999, may voluntarily comply with the requirements of this section under procedures implemented by the Texas Education Agency staff under §232.810 of this title (relating to Voluntary Renewal of Current Texas Educators).

Comments

Source Note: The provisions of this §239.65 adopted to be effective January 23, 2001, 26 TexReg 761; amended to be effective December 23, 2009, 34 TexReg 9201

§239.70: Transition and Implementation Dates

(a) Section 239.60 of this title (relating to Requirements for the Issuance of the Standard School Librarian Certificate) shall be implemented on September 1, 2002, and shall supersede all conflicting provisions in this title on September 1, 2003. All other sections of this subchapter shall take effect pursuant to the Texas Government Code, §2001.036.

(b) Not later than September 1, 2003, the following provisions shall no longer apply to the School Librarian Certificate:

(1) Section 245.5(a)(2) of this title (relating to Requirements for Issuance of a Texas Certificate Based on Certification from Another Country), as it existed on May 5, 2000; and

(2) the "teaching practicum" requirement in §245.10(a)(2)(B) of this title (relating to Application Procedures) as it existed on May 5, 2000.

Comments

Source Note: The provisions of this §239.70 adopted to be effective January 23, 2001, 26 TexReg 761; amended to be effective June 9, 2002, 27 TexReg 4701; amended to be effective December 23, 2009, 34 TexReg 9201

Subchapter C

§239.80: General Provisions

(a) Because the educational diagnostician plays a critical role in campus effectiveness and student achievement, the rules adopted by the State Board for Educator Certification in this subchapter ensure that each candidate for the Educational Diagnostician Certificate is of the highest caliber and possesses the knowledge and skills necessary to improve the performance of the diverse student population of this state.

(b) An individual serving as an educational diagnostician is expected to actively participate in professional development activities to continually update his or her knowledge and skills. Currency in best practices and research as related to both campus leadership and student learning is essential.

(c) The holder of the Educational Diagnostician Certificate issued under the provisions of this subchapter may serve as an educational diagnostician, including providing educational assessment and evaluation, as required by the Individuals with Disabilities Education Act (IDEA) or other applicable law, for students from Early Childhood-Grade 12.

Comments

Source Note: The provisions of this §239.80 adopted to be effective April 28, 2002, 27 TexReg 3351; amended to be effective July 13, 2004, 29 TexReg 6645; amended to be effective December 23, 2009, 34 TexReg 9201

§239.81: Minimum Requirements for Admission to an Educational Diagnostician Preparation Program

(a) Prior to admission to an educator preparation program leading to the Educational Diagnostician Certificate, an individual must:

(1) hold a baccalaureate degree from an accredited institution of higher education that at the time was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board;

(2) hold a valid classroom teaching certificate; and

(3) meet the requirements for admission to an educator preparation program under Chapter 227 of this title (relating to Provisions for Educator Preparation Candidates).

(b) An educator preparation program may adopt requirements for admission in addition to those required in subsection (a) of this section.

Comments

Source Note: The provisions of this §239.81 adopted to be effective April 28, 2002, 27 TexReg 3351; amended to be effective December 23, 2009, 34 TexReg 9201

§239.82: Preparation Program Requirements

(a) Structured, field-based training must be focused on actual experiences with each of the standards identified in §239.83 of this title (relating to Standards Required for the Educational Diagnostician Certificate) to include experiences with diverse types of students, grade levels, and campuses.

(b) An educator preparation program must develop and implement specific criteria and procedures that allow a candidate to substitute related professional educational diagnostician training and/or experience directly related to the standards identified in §239.83 of this title for part of the preparation coursework or other program requirements.

Comments

Source Note: The provisions of this §239.82 adopted to be effective April 28, 2002, 27 TexReg 3351; amended to be effective December 23, 2009, 34 TexReg 9201

§239.83: Standards Required for the Educational Diagnostician Certificate

(a) Educational Diagnostician Certificate Standards. The knowledge and skills identified in this section must be used by an educator preparation program in the development of curricula and coursework and by the State Board for Educator Certification as the basis for developing the examination required to obtain the standard Educational Diagnostician Certificate. The standards also serve as the foundation for the professional growth plan and continuing professional education activities required by §239.85 of this title (relating to Requirements to Renew the Standard Educational Diagnostician Certificate).

(b) Standard I. The educational diagnostician understands and applies knowledge of the purpose, philosophy, and legal foundations of evaluation and special education.

(1) The beginning educational diagnostician knows and understands:

(A) state and federal regulations relevant to the role of the educational diagnostician;

(B) laws and legal issues related to the assessment and evaluation of individuals with educational needs;

(C) models, theories, and philosophies that provide the basis for special education evaluations;

(D) issues, assurances, and due process rights related to evaluation, eligibility, and placement within a continuum of services; and

(E) rights and responsibilities of parents/guardians, schools, students, and teachers and other professionals in relation to individual learning needs.

(2) The beginning educational diagnostician is able to:

(A) articulate the purpose of evaluation procedures and their relationship to educational programming; and

(B) conduct evaluations and other professional activities consistent with the requirements of laws, rules and regulations, and local district policies and procedures.

(c) Standard II. The educational diagnostician understands and applies knowledge of ethical and professional practices, roles, and responsibilities.

(1) The beginning educational diagnostician knows and understands:

(A) ethical practices regarding procedural safeguards (e.g., confidentiality issues, informed consent) for individuals with disabilities;

(B) ethical practices related to assessment and evaluation;

(C) qualifications necessary to administer and interpret various instruments and procedures; and

(D) organizations and publications relevant to the field of educational diagnosis.

(2) The beginning educational diagnostician is able to:

(A) demonstrate commitment to developing quality educational opportunities appropriate for individuals with disabilities;

(B) demonstrate positive regard for the culture, gender, and personal beliefs of individual students;

(C) promote and maintain a high level of competence and integrity in the practice of the profession;

(D) exercise objective professional judgment in the practice of the profession;

(E) engage in professional activities that benefit individuals with exceptional learning needs, their families, and/or colleagues;

(F) comply with local, state, and federal monitoring and evaluation requirements;

(G) use copyrighted educational materials in an ethical manner; and

(H) participate in the activities of professional organizations in the field of educational diagnosis.

(d) Standard III. The educational diagnostician develops collaborative relationships with families, educators, the school, the community, outside agencies, and related service personnel.

(1) The beginning educational diagnostician knows and understands:

(A) strategies for promoting effective communication and collaboration with others, including parents/guardians and school and community personnel, in a culturally responsive manner;

(B) concerns of parents/guardians of individuals with exceptional learning needs and appropriate strategies to help parents/guardians address these concerns;

(C) strategies for developing educational programs for individuals through collaboration with team members;

(D) roles of individuals with disabilities, parents/caregivers, teachers, and other school and community personnel in planning educational programs for individuals; and

(E) family systems and the role of families in supporting student development and educational progress.

(2) The beginning educational diagnostician is able to:

(A) use collaborative strategies in working with individuals with disabilities, parents/caregivers, and school and community personnel in various learning environments;

(B) communicate and consult effectively with individuals, parents/guardians, teachers, and other school and community personnel;

(C) foster respectful and beneficial relationships between families and education professionals;

(D) encourage and assist individuals with disabilities and their families to become active participants in the educational team;

(E) plan and conduct collaborative conferences with individuals who have exceptional learning needs and their families or primary caregivers;

(F) collaborate with classroom teachers and other school and community personnel in including individuals with exceptional learning needs in various learning environments;

(G) communicate with classroom teachers, administrators, and other school personnel about characteristics and needs of individuals with disabilities;

(H) use appropriate communication skills to report and interpret assessment and evaluation results;

(I) provide assistance to others who collect informal and observational data;

(J) effectively communicate to parents/guardians and professionals the purposes, methods, findings, and implications of assessments; and

(K) keep accurate and detailed records of assessments, evaluations, and related proceedings (e.g., admission, review, and dismissal/individualized education program (ARD/IEP) meetings, parent/guardian communications and notifications).

(e) Standard IV. The educational diagnostician understands and applies knowledge of student assessment and evaluation, program planning, and instructional decision making.

(1) The beginning educational diagnostician knows and understands:

(A) the characteristics, needs, and rights of individual students in relation to assessment and evaluation for placement within a continuum of services;

(B) the relationship between evaluation and placement decisions; and

(C) the role of team members, including the student when appropriate, in planning an individualized program.

(2) The beginning educational diagnostician is able to:

(A) use assessment and evaluation information to plan individualized programs and make instructional decisions that result in appropriate services for individuals with disabilities, including those from culturally and/or linguistically diverse backgrounds;

(B) interpret and use assessment and evaluation data for targeted instruction and ongoing review; and

(C) assist in identifying realistic expectations for educationally relevant behavior (e.g., vocational, functional, academic, social) in various settings.

(f) Standard V. The educational diagnostician knows eligibility criteria and procedures for identifying students with disabilities and determining the presence of an educational need.

(1) The beginning educational diagnostician knows and understands:

(A) characteristics of individuals with disabilities, including those with different levels of severity and with multiple disabilities;

(B) educational implications of various disabilities; and

(C) the variation in ability exhibited by individuals with particular types of disabilities.

(2) The beginning educational diagnostician is able to:

(A) access information on the cognitive, communicative, physical, social, and emotional characteristics of individuals with disabilities;

(B) gather background information regarding the academic, medical, and family history of individuals with disabilities; and

(C) use various types of assessment and evaluation procedures appropriately to identify students with disabilities and to determine the presence of an educational need.

(g) Standard VI. The educational diagnostician selects, administers, and interprets appropriate formal and informal assessments and evaluations.

(1) The beginning educational diagnostician knows and understands:

(A) basic terminology used in assessment and evaluation;

(B) standards for test reliability;

(C) standards for test validity;

(D) procedures used in standardizing assessment instruments;

(E) possible sources of test error;

(F) the meaning and use of basic statistical concepts used in assessment and evaluation (e.g., standard error of measurement, mean, standard deviation);

(G) uses and limitations of each type of assessment instrument;

(H) uses and limitations of various types of assessment data;

(I) procedures for screening, prereferral, referral, and eligibility;

(J) the appropriate application and interpretation of derived scores (e.g., standard scores, percentile ranks, age and grade equivalents, stanines);

(K) the necessity of monitoring the progress of individuals with disabilities;

(L) methods of academic and nonacademic (e.g., vocational, developmental, assistive technology) assessment and evaluation; and

(M) methods of motor skills assessment.

(2) The beginning educational diagnostician is able to:

(A) collaborate with families and other professionals in the assessment and evaluation of individuals with disabilities;

(B) select and use assessment and evaluation materials based on technical quality and individual student needs;

(C) score assessment and evaluation instruments accurately;

(D) create and maintain assessment reports;

(E) select or modify assessment procedures to ensure nonbiased results;

(F) use a variety of observation techniques;

(G) assess and interpret information using formal/informal instruments and procedures in the areas of cognitive/adaptive behavior and academic skills;

(H) determine the need for further assessment in the areas of language skills, physical skills, social/emotional behavior, and assistive technology;

(I) determine a student's needs in various curricular areas, and make intervention, instructional, and transition planning recommendations based on assessment and evaluation results;

(J) make recommendations based on assessment and evaluation results;

(K) prepare assessment reports; and

(L) use performance data and information from teachers, other professionals, individuals with disabilities, and parents/guardians to make or suggest appropriate modifications and/or accommodations within learning environments.

(h) Standard VII. The educational diagnostician understands and applies knowledge of ethnic, linguistic, cultural, and socioeconomic diversity and the significance of student diversity for evaluation, planning, and instruction.

(1) The beginning educational diagnostician knows and understands:

(A) issues related to definition and identification procedures for individuals with disabilities, including individuals from culturally and/or linguistically diverse backgrounds;

(B) characteristics and effects of the cultural and environmental backgrounds of students and their families, including cultural and linguistic diversity, socioeconomic diversity, abuse/neglect, and substance abuse;

(C) issues related to the representation in special education of populations that are culturally and linguistically diverse;

(D) ways in which diversity may affect evaluation; and

(E) strategies that are responsive to the diverse backgrounds and particular disabilities of individuals in relation to evaluation, programming, and placement.

(2) The beginning educational diagnostician is able to:

(A) apply knowledge of cultural and linguistic factors to make appropriate evaluation decisions and instructional recommendations for individuals with disabilities; and

(B) recognize how student diversity and particular disabilities may affect evaluation, programming, and placement, and use procedures that ensure nonbiased results.

(i) Standard VIII. The educational diagnostician knows and demonstrates skills necessary for scheduling, time management, and organization.

(1) The beginning educational diagnostician knows and understands:

(A) time-management strategies and systems appropriate for various educational situations and environments;

(B) legal and regulatory timelines, schedules, deadlines, and reporting requirements; and

(C) methods for organizing, maintaining, accessing, and storing records and information.

(2) The beginning educational diagnostician is able to:

(A) select, adapt, or design forms to facilitate planning, scheduling, and time management;

(B) maintain eligibility folders; and

(C) use technology appropriately to organize information and schedules.

(j) Standard IX. The educational diagnostician addresses students' behavioral and social interaction skills through appropriate assessment, evaluation, planning, and instructional strategies.

(1) The beginning educational diagnostician knows and understands:

(A) requirements and procedures for functional behavioral assessment, manifestation determination review, and behavioral intervention plans;

(B) applicable laws, rules and regulations, and procedural safeguards regarding the planning and implementation of behavioral intervention plans for individuals with disabilities;

(C) ethical considerations inherent in behavior interventions;

(D) teacher attitudes and behaviors that influence the behavior of individuals with disabilities;

(E) social skills needed for school, home, community, and work environments;

(F) strategies for crisis prevention, intervention, and management;

(G) strategies for preparing individuals to live productively in a multiclass, multiethnic, multicultural, and multinational world; and

(H) key concepts in behavior intervention (e.g., least intrusive accommodations/ modifications within the learning environment, reasonable expectations for social behavior, social skills curricula, cognitive behavioral strategies).

(2) The beginning educational diagnostician is able to:

(A) conduct functional behavioral assessments;

(B) assist in the development of behavioral intervention plans; and

(C) participate in manifestation determination review.

(k) Standard X. The educational diagnostician knows and understands appropriate curricula and instructional strategies for individuals with disabilities.

(1) The beginning educational diagnostician knows and understands:

(A) instructional strategies, technology tools and applications, and curriculum materials for students with disabilities within the continuum of services;

(B) varied learning styles of individuals with disabilities;

(C) curricula for the development of motor, cognitive, academic, social, language, affective, career, and functional skills for individuals with disabilities;

(D) techniques for modifying instructional methods and materials for individuals with disabilities;

(E) functional skills instruction relevant to transitioning across environments (e.g., preschool to elementary school, school to work);

(F) supports needed for integration into various program placements; and

(G) individualized assessment strategies for instruction (e.g., authentic assessment, contextual assessment, curriculum-based assessment).

(2) The beginning educational diagnostician is able to:

(A) interpret and use assessment and evaluation data for instructional planning; and

(B) use assessment and evaluation, planning, and management procedures that are appropriate in relation to student needs and the instructional environment.

§239.84: Requirements for the Issuance of the Standard Educational Diagnostician Certificate

To be eligible to receive the standard Educational Diagnostician Certificate, a candidate must:

(1) successfully complete an educational diagnostician preparation program that meets the requirements of §239.82 of this title (relating to Preparation Program Requirements) and §239.83 of this title (relating to Standards Required for the Educational Diagnostician Certificate);

(2) successfully complete the examination based on the standards identified in §239.83 of this title;

(3) hold, at a minimum, a master's degree from an accredited institution of higher education that at the time was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board;

(4) hold a valid classroom teaching certificate; and

(5) have two creditable years of teaching experience as a classroom teacher, as defined in Chapter 153, Subchapter CC, of this title (relating to Commissioner's Rules on Creditable Years of Service) and the Texas Education Code, §5.001(2).

Comments

Source Note: The provisions of this §239.84 adopted to be effective April 28, 2002, 27 TexReg 3351; amended to be effective December 23, 2009, 34 TexReg 9201

§239.85: Requirements to Renew the Standard Educational Diagnostician Certificate

(a) An individual issued the standard Educational Diagnostician Certificate under this title is subject to Chapter 232, Subchapter B, of this title (relating to Certificate Renewal and Continuing Professional Education Requirements).

(b) An individual who holds a valid Texas educational diagnostician certificate issued prior to September 1, 1999, may voluntarily comply with the requirements of this section under procedures implemented by the Texas Education Agency staff under §232.810 of this title (relating to Voluntary Renewal of Current Texas Educators).

Comments

Source Note: The provisions of this §239.85 adopted to be effective April 28, 2002, 27 TexReg 3351; amended to be effective December 23, 2009, 34 TexReg 9201

§239.86: Transition and Implementation Dates

Section 239.84 of this title (relating to Requirements for the Issuance of the Standard Educational Diagnostician Certificate) shall be implemented and shall supersede all conflicting provisions in this title on September 1, 2003. All other sections of this subchapter shall take effect pursuant to the Texas Government Code, §2001.036.

Comments

Source Note: The provisions of this §239.86 adopted to be effective April 28, 2002, 27 TexReg 3351; amended to be effective December 23, 2009, 34 TexReg 9201

Subchapter D

§239.90: General Provisions

(a) Because the reading specialist plays a critical role in campus effectiveness and student achievement, the rules adopted by the State Board for Educator Certification in this subchapter ensure that each candidate for the Reading Specialist Certificate is of the highest caliber and possesses the knowledge and skills necessary to improve the performance of the diverse student population of this state.

(b) An individual serving as a reading specialist is expected to actively participate in professional development activities to continually update his or her knowledge and skills. Currency in best practices and research as related to both campus leadership and student learning is essential.

(c) The holder of the Reading Specialist Certificate issued under the provisions of this subchapter may teach reading to students in Prekindergarten-Grade 12.

Comments

Source Note: The provisions of this §239.90 adopted to be effective February 6, 2003, 28 TexReg 936; amended to be effective July 13, 2004, 29 TexReg 6645; amended to be effective December 23, 2009, 34 TexReg 9201

§239.91: Minimum Requirements for Admission to a Reading Specialist Preparation Program

(a) Prior to admission to an educator preparation program leading to the standard Reading Specialist Certificate, an individual must:

(1) hold a baccalaureate degree from an accredited institution of higher education that at the time was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board; and

(2) meet the requirements for admission to an educator preparation program under Chapter 227 of this title (relating to Provisions for Educator Preparation Candidates).

(b) An educator preparation program may adopt requirements for admission in addition to those required in subsection (a) of this section.

Comments

Source Note: The provisions of this §239.91 adopted to be effective February 6, 2003, 28 TexReg 936; amended to be effective December 23, 2009, 34 TexReg 9201

§239.92: Preparation Program Requirements

(a) Structured, field-based training must be focused on actual experiences with each of the standards identified in the State Board for Educator Certification-approved reading specialist standards to include experiences with diverse types of students, grade levels, and campuses.

(b) An educator preparation program must develop and implement specific criteria and procedures that allow a candidate to substitute related professional reading specialist training and/or experience directly related to the standards identified in subsection (a) of this section for part of the preparation coursework or other program requirements.

Comments

Source Note: The provisions of this §239.92 adopted to be effective February 6, 2003, 28 TexReg 936; amended to be effective December 23, 2009, 34 TexReg 9201

§239.93: Requirements for the Issuance of the Reading Specialist Certificate

To be eligible to receive the standard Reading Specialist Certificate, a candidate must:

(1) successfully complete a reading specialist preparation program that meets the requirements of §239.92 of this title (relating to Preparation Program Requirements);

(2) successfully complete the examination based on the standards identified in §239.92 of this title;

(3) hold, at a minimum, a master's degree from an accredited institution of higher education that at the time was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board; and

(4) have two creditable years teaching experience as a classroom teacher, as defined in Chapter 153, Subchapter CC, of this title (relating to Commissioner's Rules on Creditable Years of Service) and the Texas Education Code, §5.001(2).

Comments

Source Note: The provisions of this §239.93 adopted to be effective February 6, 2003, 28 TexReg 936; amended to be effective December 23, 2009, 34 TexReg 9201

§239.94: Requirements to Renew the Standard Reading Specialist Certificate

(a) An individual issued the standard Reading Specialist Certificate under this title is subject to Chapter 232, Subchapter B, of this title (relating to Certificate Renewal and Continuing Professional Education Requirements).

(b) An individual who holds a valid Texas reading specialist certificate issued prior to September 1, 1999, may voluntarily comply with the requirements of this section under procedures implemented by the Texas Education Agency staff under §232.810 of this title (relating to Voluntary Renewal of Current Texas Educators).

Comments

Source Note: The provisions of this §239.94 adopted to be effective February 6, 2003, 28 TexReg 936; amended to be effective December 23, 2009, 34 TexReg 9201

§239.95: Transition and Implementation Dates

Section 239.93 of this title (relating to Requirements for the Issuance of the Reading Specialist Certificate) shall be implemented on September 1, 2003, and shall supersede all conflicting provisions in this title on September 1, 2004. All other sections of this subchapter shall take effect pursuant to the Texas Government Code, §2001.036.

Comments

Source Note: The provisions of this §239.95 adopted to be effective February 6, 2003, 28 TexReg 936; amended to be effective December 23, 2009, 34 TexReg 9201

Subchapter E

§239.100: General Provisions for Master Teacher Certificates

(a) An educator preparation program must obtain approval from the State Board for Educator Certification (SBEC) under §228.10 of this title (relating to Approval Process) before it may offer a program to prepare candidates to be certified master teachers.

(b) SBEC-approved standards shall be the basis for an educator preparation program that prepares candidates to be certified as master teachers. An educator preparation program operating a program shall periodically measure a candidate's progress and needed improvement using benchmarks and structured assessments based on the appropriate master teacher certificate standards.

(c) A field-based practicum required by this subchapter shall be structured to provide a candidate relevant experiences in a variety of educational settings with diverse student populations. The practicum experience shall require a candidate to demonstrate proficiency in each of the applicable standards.

(d) To take a course through an SBEC-approved educator preparation program, a candidate must meet the following requirements:

(1) hold a baccalaureate degree from an accredited institution of higher education that at the time was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board; and

(2) satisfy other requirements established by the educator preparation program to appropriately determine the candidate's qualifications for the master teacher certificate sought.

Comments

Source Note: The provisions of this §239.100 adopted to be effective May 22, 2003, 28 TexReg 3950; amended to be effective December 23, 2009, 34 TexReg 9201

§239.101: Master Reading Teacher Certification

(a) To ensure that there are teachers with special training to work with other teachers and with students in order to improve student reading performance, the State Board for Educator Certification (SBEC) established the Master Reading Teacher Certificate.

(b) The holder of the Master Reading Teacher Certificate may serve as a reading teacher mentor to other teachers and teach reading to students in Prekindergarten-Grade 12.

(c) To be eligible for the Master Reading Teacher Certificate, an individual must:

(1) hold the Reading Specialist Certificate issued under Subchapter D of this chapter (relating to Reading Specialist Certificate) and successfully complete a course of instruction as prescribed under paragraph (2)(B) of this subsection through an SBEC-approved educator preparation program and satisfy any other requirement generally applicable to a certificate issued under this title; or

(2) hold a valid teaching certificate issued under this title and:

(A) have at least three creditable years teaching experience as a classroom teacher, as defined in Chapter 153, Subchapter CC, of this title (relating to Commissioner's Rules on Creditable Years of Service) and the Texas Education Code, §5.001(2);

(B) satisfactorily complete a knowledge-based and skills-based course of instruction through an SBEC-approved educator preparation program on the science of teaching children to read that includes training in:

(i) effective reading instruction techniques, including effective techniques for students whose primary language is a language other than English;

(ii) identification of dyslexia and related reading disorders and effective reading instruction techniques for students with those disorders; and

(iii) effective professional peer mentoring techniques;

(C) satisfactorily complete a field-based practicum prescribed by an SBEC-approved educator preparation program;

(D) perform satisfactorily on the master reading teacher certification examination prescribed by the SBEC; and

(E) satisfy any other requirement generally applicable to a certificate issued under this title.

Comments

Source Note: The provisions of this §239.101 adopted to be effective May 22, 2003, 28 TexReg 3950; amended to be effective March 30, 2005, 30 TexReg 1771; amended to be effective December 23, 2009, 34 TexReg 9201

§239.102: Master Mathematics Teacher Certification

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

(1) the Master Mathematics Teacher Certificate to teach mathematics in Early Childhood-Grade 4;

(2) the Master Mathematics Teacher Certificate to teach mathematics in Grades 4-8; and

(3) the Master Mathematics Teacher Certificate to teach mathematics in Grades 8-12.

(b) The SBEC shall issue the appropriate Master Mathematics Teacher Certificate to an eligible individual.

(c) To be eligible for the Master Mathematics Teacher Certificate, an individual must:

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

(2) have at least three creditable years teaching experience as a classroom teacher, as defined in Chapter 153, Subchapter CC, of this title (relating to Commissioner's Rules on Creditable Years of Service) and the Texas Education Code, §5.001(2);

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

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

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

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

(d) The course of instruction prescribed under subsection (c)(3) of this section shall be developed by the Texas Education Agency staff in consultation with mathematics and science faculty members at institutions of higher education.

Comments

Source Note: The provisions of this §239.102 adopted to be effective May 22, 2003, 28 TexReg 3950; amended to be effective December 23, 2009, 34 TexReg 9201

§239.103: Master Technology Teacher Certification

(a) To ensure that there are teachers with special training to work with other teachers and with students in order to increase the use of technology in each classroom, the State Board for Educator Certification (SBEC) established the Master Technology Teacher Certificate.

(b) The holder of the Master Technology Teacher Certificate may serve as a technology training mentor for the amount of time and in the manner established by the school district and by rule adopted by the commissioner of education. The holder of the Master Technology Teacher Certificate is not certified to teach technology courses in the required secondary curriculum as specified in §74.3 of this title (relating to Description of a Required Secondary Curriculum), unless the individual holds a certificate appropriate for assignment to teach those courses as specified in Chapter 231 of this title (relating to Assignment of Public School Personnel), Chapter 233 of this title (relating to Categories of Classroom Teaching Certificates), or elsewhere in this title.

(c) To be eligible for the Master Technology Teacher Certificate, an individual must:

(1) hold the Technology Applications Certificate or the Technology Education Certificate issued under this title and:

(A) satisfactorily complete the course of instruction as prescribed under paragraph (2)(B) of this subsection through an SBEC-approved educator preparation program;

(B) satisfactorily perform on the examination prescribed under paragraph (2)(D) of this subsection;

(C) satisfactorily complete a field-based practicum prescribed by an SBEC-approved educator preparation program; and

(D) satisfy any other requirement generally applicable to certificates issued under this title; or

(2) hold a valid teaching certificate issued under this title and:

(A) have at least three creditable years teaching experience as a classroom teacher, as defined in Chapter 153, Subchapter CC, of this title (relating to Commissioner's Rules on Creditable Years of Service) and the Texas Education Code, §5.001(2);

(B) satisfactorily complete a knowledge-based and skills-based course of instruction on interdisciplinary technology applications and the science of teaching technology through an SBEC-approved educator preparation program that includes training in:

(i) effective technology instruction techniques, including applications designed to meet the educational needs of students with disabilities;

(ii) classroom teaching methodology that engages student learning through the integration of technology;

(iii) digital learning competencies, including Internet research, graphics, animation, website mastering, and video technologies;

(iv) curriculum models designed to prepare teachers to facilitate an active student learning environment; and

(v) effective professional peer mentoring techniques;

(C) satisfactorily complete a field-based practicum prescribed by an SBEC-approved educator preparation program;

(D) satisfactorily perform on an examination administered at the conclusion of the course of instruction prescribed under subparagraph (B) of this paragraph; and

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

(d) The SBEC may provide technology applications training courses under subsection (c)(2)(B) of this section and a field-based practicum under subsection (c)(2)(C) of this section in cooperation with:

(1) regional education service centers; and

(2) other public or private entities, including any state council on technology.

(e) The course of instruction prescribed under subsection (c)(2)(B) of this section shall be developed by the Texas Education Agency staff in consultation with technology faculty members at institutions of higher education.

Comments

Source Note: The provisions of this §239.103 adopted to be effective May 22, 2003, 28 TexReg 3950; amended to be effective March 30, 2005, 30 TexReg 1771; amended to be effective December 23, 2009, 34 TexReg 9201

§239.104: Master Science Teacher Certification

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

(1) the Master Science Teacher Certificate to teach science in Early Childhood-Grade 4;

(2) the Master Science Teacher Certificate to teach science in Grades 4-8; and

(3) the Master Science Teacher Certificate to teach science in Grades 8-12.

(b) To be eligible for the Master Science Teacher Certificate, an individual must:

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

(2) have at least three creditable years teaching experience as a classroom teacher, as defined in Chapter 153, Subchapter CC, of this title (relating to Commissioner's Rules on Creditable Years of Service) and the Texas Education Code, §5.001(2);

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

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

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

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

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

Comments

Source Note: The provisions of this §239.104 adopted to be effective June 4, 2006, 31 TexReg 4426; amended to be effective December 23, 2009, 34 TexReg 9201

Chapter 241

§241.1: General Provisions

(a) Due to the critical role the principal plays in campus effectiveness and student achievement, and consistent with the Texas Education Code (TEC), §21.046(c), the rules adopted by the State Board for Educator Certification ensure that each candidate for the Principal Certificate is of the highest caliber and possesses the knowledge and skills necessary for success.

(b) As required by the TEC, §21.046(b)(1)-(6), the standards identified in §241.15 of this title (relating to Standards Required for the Principal Certificate) emphasize instructional leadership; administration, supervision, and communication skills; curriculum and instruction management; performance evaluation; organization; and fiscal management.

(c) An individual serving as a principal or assistant principal is expected to actively participate in professional development activities to continually update his or her knowledge and skills. Currency in best practices and research as related to both campus leadership and student learning is essential.

(d) The holder of the Principal Certificate issued under the provisions of this chapter may serve as a principal or assistant principal in a Texas public school.

Comments

Source Note: The provisions of this §241.1 adopted to be effective March 14, 1999, 24 TexReg 1616; amended to be effective September 2, 1999, 24 TexReg 6751; amended to be effective July 13, 2004, 29 TexReg 6646; amended to be effective October 25, 2009, 34 TexReg 7200

§241.5: Minimum Requirements for Admission to a Principal Preparation Program

(a) Prior to admission to an educator preparation program leading to the Principal Certificate, an individual must hold a baccalaureate degree from an accredited institution of higher education that at the time was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board.

(b) An educator preparation program may adopt requirements for admission in addition to those required in subsection (a) of this section.

(c) The educator preparation program shall implement procedures that include screening activities to determine the candidate's appropriateness for the Principal Certificate as identified in Chapter 227 of this title (relating to Provisions for Educator Preparation Candidates).

Comments

Source Note: The provisions of this §241.5 adopted to be effective March 14, 1999, 24 TexReg 1616; amended to be effective September 2, 1999, 24 TexReg 6751; amended to be effective June 10, 2001, 26 TexReg 3929; amended to be effective October 25, 2009, 34 TexReg 7200

§241.10: Preparation Program Requirements

(a) The standards identified in §241.15 of this title (relating to Standards Required for the Principal Certificate) and Chapter 228 of this title (relating to Requirements for Educator Preparation Programs) shall be the curricular basis for an educator preparation program preparing candidates to be principals. The educator preparation program shall establish benchmarks and structured assessments of the candidate's progress and needed growth throughout the educator preparation program based on the standards identified in §241.15 of this title.

(b) The principal preparation program shall include a field-based practicum whereby a candidate must demonstrate proficiency in each of the standards identified in §241.15 of this title.

(c) An educator preparation program may develop and implement specific criteria and procedures that allow a candidate to substitute related experience and/or professional training directly related to the standards identified in §241.15 of this title for part of the preparation requirements.

Comments

Source Note: The provisions of this §241.10 adopted to be effective March 14, 1999, 24 TexReg 1616; amended to be effective June 10, 2001, 26 TexReg 3929; amended to be effective October 25, 2009, 34 TexReg 7200

§241.15: Standards Required for the Principal Certificate

(a) Principal Certificate Standards. The knowledge and skills identified in this section must be used by an educator preparation program in the development of curricula and coursework and by the State Board for Educator Certification as the basis for developing the examinations required to obtain the standard Principal Certificate. The standards also serve as the foundation for the individual assessment, professional growth plan, and continuing professional education activities required by §241.30 of this title (relating to Requirements to Renew the Standard Principal Certificate).

(b) Learner-Centered Values and Ethics of Leadership. A principal is an educational leader who promotes the success of all students by acting with integrity and fairness and in an ethical manner. At the campus level, a principal understands, values, and is able to:

(1) model and promote the highest standard of conduct, ethical principles, and integrity in decision making, actions, and behaviors;

(2) implement policies and procedures that encourage all campus personnel to comply with Chapter 247 of this title (relating to Educators' Code of Ethics);

(3) model and promote the continuous and appropriate development of all learners in the campus community;

(4) promote awareness of learning differences, multicultural awareness, gender sensitivity, and ethnic appreciation in the campus community; and

(5) articulate the importance of education in a free democratic society.

(c) Learner-Centered Leadership and Campus Culture. A principal is an educational leader who promotes the success of all students and shapes campus culture by facilitating the development, articulation, implementation, and stewardship of a vision of learning that is shared and supported by the school community. At the campus level, a principal understands, values, and is able to:

(1) create a campus culture that sets high expectations, promotes learning, and provides intellectual stimulation for self, students, and staff;

(2) ensure that parents and other members of the community are an integral part of the campus culture;

(3) use strategies to ensure the development of collegial relationships and effective collaboration of campus staff;

(4) respond appropriately to the diverse needs of individuals within the community in shaping the campus culture;

(5) use emerging issues, trends, demographic data, knowledge of systems, campus climate inventories, student learning data, and other information to develop a campus vision and plan to implement the vision;

(6) facilitate the collaborative development of a shared campus vision that focuses on teaching and learning;

(7) facilitate the collaborative development of a plan in which objectives and strategies to implement the campus vision are clearly articulated;

(8) align financial, human, and material resources to support the implementation of the campus vision;

(9) establish processes to assess and modify the plan of implementation to ensure achievement of the campus vision;

(10) support innovative thinking and risk-taking efforts of everyone within the school community and view unsuccessful experiences as learning opportunities; and

(11) acknowledge, recognize, and celebrate the contributions of students, staff, parents, and community members toward the realization of the campus vision.

(d) Learner-Centered Human Resources Leadership and Management. A principal is an educational leader who promotes the success of all students by implementing a staff evaluation and development system to improve the performance of all staff members, selects and implements appropriate models for supervision and staff development, and applies the legal requirements for personnel management. At the campus level, a principal understands, values, and is able to:

(1) collaboratively develop, implement, and revise a comprehensive and on-going plan for professional development of campus staff that addresses staff needs and aligns professional development with identified goals;

(2) facilitate the application of adult learning and motivation theory to all campus professional development, including the use of appropriate content, processes, and contexts;

(3) ensure the effective implementation of the professional development plan by allocation of appropriate time, funding, and other needed resources;

(4) implement effective, legal, and appropriate strategies for the recruitment, selection, assignment, and induction of campus staff;

(5) use formative and summative evaluation processes appropriate to the position held to further develop the knowledge and skills of campus staff;

(6) diagnose and improve campus organizational health and morale through the implementation of strategies designed to provide on-going support to campus staff members; and

(7) engage in on-going, meaningful, and professional growth activities to further develop necessary knowledge and skills and to model lifelong learning.

(e) Learner-Centered Communications and Community Relations. A principal is an educational leader who promotes the success of all students by collaborating with families and community members, responding to diverse community interests and needs, and mobilizing community resources. At the campus level, a principal understands, values, and is able to:

(1) demonstrate effective communication through oral, written, auditory, and nonverbal expression;

(2) use effective conflict management and group consensus building skills;

(3) implement effective strategies to systematically gather input from all campus stakeholders;

(4) develop and implement strategies for effective internal and external communications;

(5) develop and implement a comprehensive program of community relations, which uses strategies that will effectively involve and inform multiple constituencies, including the media;

(6) provide varied and meaningful opportunities for parents to be engaged in the education of their children;

(7) establish partnerships with parents, businesses, and other groups in the community to strengthen programs and support campus goals; and

(8) respond to pertinent political, social, and economic issues that exist in the internal and external environment.

(f) Learner-Centered Organizational Leadership and Management. A principal is an educational leader who promotes the success of all students through leadership and management of the organization, operations, and resources for a safe, efficient, and effective learning environment. At the campus level, a principal understands, values, and is able to:

(1) implement appropriate management techniques and group processes to define roles, assign functions, delegate authority, and determine accountability for campus goal attainment;

(2) gather and organize information from a variety of sources for use in creative and effective campus decision making;

(3) frame, analyze, and creatively resolve campus problems using effective problem-solving techniques to make timely, high-quality decisions;

(4) develop, implement, and evaluate change processes for organizational effectiveness;

(5) implement strategies that enable the physical plant, equipment, and support systems to operate safely, efficiently, and effectively to maintain a conducive learning environment;

(6) apply local, state, and federal laws and policies to support sound decisions while considering implications related to all school operations and programs;

(7) acquire, allocate, and manage human, material, and financial resources according to school district policies and campus priorities;

(8) collaboratively plan and effectively manage the campus budget;

(9) use technology to enhance school management; and

(10) use effective planning, time management, and organization of work to maximize attainment of school district and campus goals.

(g) Learner-Centered Curriculum Planning and Development. A principal is an educational leader who promotes the success of all students by facilitating the design and implementation of curricula and strategic plans that enhance teaching and learning; alignment of curriculum, curriculum resources, and assessment; and the use of various forms of assessment to measure student performance. At the campus level, a principal understands, values, and is able to:

(1) use emerging issues, occupational and economic trends, demographic data, student learning data, motivation theory, learning theory, legal requirements, and other information as a basis for campus curriculum planning;

(2) facilitate the use of sound research-based practice in the development and implementation of campus curricular, co-curricular, and extracurricular programs;

(3) facilitate campus participation in collaborative school district planning, implementation, monitoring, and curriculum revision to ensure appropriate scope, sequence, content, and alignment;

(4) facilitate the use and integration of technology, telecommunications, and information systems to enrich the campus curriculum; and

(5) facilitate the effective coordination of campus curricular, co-curricular, and extracurricular programs in relation to other school district programs.

(h) Learner-Centered Instructional Leadership and Management. A principal is an educational leader who promotes the success of all students by advocating, nurturing, and sustaining a campus culture and instructional program conducive to student learning and staff professional growth. At the campus level, a principal understands, values, and is able to:

(1) facilitate the development of a campus learning organization that supports instructional improvement and change through an on-going study of relevant research and best practice;

(2) facilitate the implementation of sound, research-based instructional strategies, decisions, and programs in which multiple opportunities to learn and be successful are available to all students;

(3) implement special campus programs to ensure that all students are provided quality, flexible instructional programs and services to meet individual student needs (i.e., guidance and counseling programs and services);

(4) use interpretation of formative and summative data from a comprehensive student assessment program to develop, support, and improve campus instructional strategies and goals;

(5) facilitate the use and integration of technology, telecommunications, and information systems to enhance learning;

(6) facilitate the implementation of sound, research-based theories and techniques of classroom management, student discipline, and school safety to ensure an environment conducive to teaching and learning;

(7) facilitate the development, implementation, evaluation, and refinement of student activity programs to fulfill academic, developmental, social, and cultural needs; and

(8) acquire and allocate sufficient instructional resources on the campus in the most equitable manner to support and enhance student learning.

Comments

Source Note: The provisions of this §241.15 adopted to be effective March 14, 1999, 24 TexReg 1616; amended to be effective June 10, 2001, 26 TexReg 3929; amended to be effective October 25, 2009, 34 TexReg 7200

§241.20: Requirements for the Issuance of the Standard Principal Certificate

To be eligible to receive the standard Principal Certificate, a candidate must:

(1) successfully complete the appropriate examinations required under Chapter 230, Subchapter B, of this title (relating to Assessment of Educators);

(2) hold, at a minimum, a master's degree from an accredited institution of higher education that at the time was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board;

(3) hold a valid classroom teaching certificate;

(4) have two creditable years of teaching experience as a classroom teacher, as defined in Chapter 153, Subchapter CC, of this title (relating to Commissioner's Rules on Creditable Years of Service) and the Texas Education Code, §5.001(2); and

(5) successfully complete a principal preparation program that meets the requirements of §241.10 of this title (relating to Preparation Program Requirements), §241.15 of this title (relating to Standards Required for the Principal Certificate), Chapter 227 of this title (relating to Provisions for Educator Preparation Candidates), and Chapter 228 of this title (relating to Requirements for Educator Preparation Programs).

Comments

Source Note: The provisions of this §241.20 adopted to be effective October 25, 2009, 34 TexReg 7200

§241.25: Requirements for the First-Time Principal in Texas

(a) A principal or assistant principal employed for the first-time as a campus administrator (including the first time in the state) shall participate in an induction period of at least one year.

(b) The induction period should be a structured, systemic process for assisting the new principal or assistant principal in further developing skills in guiding the everyday operation of a school, adjusting to the particular culture of a school district, and developing a personal awareness of self in the campus administrator role. Mentoring support must be an integral component of the induction period.

Comments

Source Note: The provisions of this §241.25 adopted to be effective October 25, 2009, 34 TexReg 7200

§241.30: Requirements to Renew the Standard Principal Certificate

(a) An individual who holds a standard principal or mid-management administrator certificate is subject to Chapter 232, Subchapter B, of this title (relating to Certificate Renewal and Continuing Professional Education Requirements).

(b) To satisfy the requirements of this section, an individual must complete 200 clock-hours of continuing professional education every five years directly related to the standards in §241.15 of this title (relating to Standards Required for the Principal Certificate).

(c) An individual who holds a valid Texas professional administrator certificate issued prior to September 1, 1999, may voluntarily comply with the requirements for continuing professional education in this section.

Comments

Source Note: The provisions of this §241.30 adopted to be effective March 14, 1999, 24 TexReg 1616; amended to be effective September 2, 1999, 24 TexReg 6751; amended to be effective June 10, 2001, 26 TexReg 3929; amended to be effective June 21, 2005, 30 TexReg 3581; amended to be effective October 25, 2009, 34 TexReg 7200

Chapter 242

§242.1: General Provisions

(a) Due to the critical role the superintendent plays in school district effectiveness and student achievement, the rules adopted by the State Board for Educator Certification ensure that each candidate for the Superintendent Certificate is of the highest caliber and possesses the knowledge and skills necessary for success.

(b) As required by the Texas Education Code, §21.046(b)(1)-(6), the standards identified in §242.15 of this title (relating to Standards Required for the Superintendent Certificate) emphasize instructional leadership; administration, supervision, and communication skills; curriculum and instruction management; performance evaluation; organization; and fiscal management.

(c) An individual serving as a superintendent is expected to actively participate in professional development activities to continually update his or her knowledge and skills. Currency in best practices and research as related to both school district leadership and student learning is essential.

(d) The holder of the Superintendent Certificate issued under the provisions of this chapter may serve as a superintendent, principal, or assistant principal in a Texas public school.

Comments

Source Note: The provisions of this §242.1 adopted to be effective October 25, 2009, 34 TexReg 7202

§242.5: Minimum Requirements for Admission to a Superintendent Preparation Program

(a) Prior to admission to an educator preparation program leading to the Superintendent Certificate, an individual must hold, at a minimum, a master's degree from an accredited institution of higher education that at the time was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board.

(b) An educator preparation program may adopt requirements for admission in addition to those required in subsection (a) of this section.

(c) The educator preparation program shall implement procedures that include screening activities to determine the candidate's appropriateness for the Superintendent Certificate as identified in Chapter 227 of this title (relating to Provisions for Educator Preparation Candidates).

Comments

Source Note: The provisions of this §242.5 adopted to be effective March 14, 1999, 24 TexReg 1617; amended to be effective September 2, 1999, 24 TexReg 6751; amended to be effective April 28, 2002, 27 TexReg 3354; amended to be effective October 25, 2009, 34 TexReg 7202

§242.10: Preparation Program Requirements

(a) The design of the superintendent preparation program resides with the State Board for Educator Certification-approved educator preparation program and curricula and coursework shall be based upon the standards in §242.15 of this title (relating to Standards Required for the Superintendent Certificate) and Chapter 228 of this title (relating to Requirements for Educator Preparation Programs).

(b) The superintendent preparation program shall include a field-based practicum whereby candidates must demonstrate proficiency in each of the standards identified in §242.15 of this title.

(c) An educator preparation program may develop and implement specific criteria and procedures that allow a candidate to substitute related experience and/or professional training directly related to the standards identified in §242.15 of this title for part of the preparation requirements.

Comments

Source Note: The provisions of this §242.10 adopted to be effective March 14, 1999, 24 TexReg 1617; amended to be effective September 2, 1999, 24 TexReg 6751; amended to be effective October 25, 2009, 34 TexReg 7202

§242.15: Standards Required for the Superintendent Certificate

(a) Superintendent Certificate Standards. The knowledge and skills identified in this section must be used by an educator preparation program in the development of curricula and coursework and the State Board for Educator Certification as the basis for developing the examinations required to obtain the standard Superintendent Certificate. The standards also serve as the foundation for the individual assessment, professional growth plan, and continuing professional education activities required by §242.30 of this title (relating to Requirements to Renew the Standard Superintendent Certificate).

(b) Learner-Centered Values and Ethics of Leadership. A superintendent is an educational leader who promotes the success of all students by acting with integrity, fairness, and in an ethical manner. A superintendent understands, values, and is able to:

(1) model and promote the highest standard of conduct, ethical principles, and integrity in decision making, actions, and behaviors;

(2) implement policies and procedures that encourage all school district personnel to comply with Chapter 247 of this title (relating to Educators' Code of Ethics);

(3) serve as an articulate spokesperson for the importance of education in a free democratic society;

(4) enhance teaching and learning by participating in quality professional development activities, study of current professional literature and research, and interaction with the school district's staff and students;

(5) maintain personal physical and emotional wellness; and

(6) demonstrate the courage to be a champion for children.

(c) Learner-Centered Leadership and School District Culture. A superintendent is an educational leader who promotes the success of all students and shapes school district culture by facilitating the development, articulation, implementation, and stewardship of a vision of learning that is shared and supported by the school community. A superintendent understands, values, and is able to:

(1) establish and support a school district culture that promotes learning, high expectations, and academic rigor for self, student, and staff performance;

(2) facilitate the development and implementation of a shared vision that focuses on teaching and learning;

(3) implement strategies for the involvement of all stakeholders in the planning processes and facilitate planning between constituencies;

(4) conduct and analyze school district/campus climate inventories for effective and responsive decision making;

(5) institute and monitor planning processes that include strategies designed to ensure the accomplishment of school district goals and objectives to achieve the school district's vision;

(6) facilitate the use and allocation of all available resources to support the implementation of the school district's vision and goals;

(7) recognize and celebrate contributions of staff and community toward realization of the school district's vision;

(8) demonstrate an awareness of emerging issues and trends affecting the education community;

(9) encourage and model innovative thinking and risk taking and view problems as learning opportunities; and

(10) promote multicultural awareness, gender sensitivity, and the appreciation of diversity in the education community.

(d) Learner-Centered Human Resources Leadership and Management. A superintendent is an educational leader who promotes the success of all students by implementing a staff evaluation and development system to improve the performance of all staff members, selects and implements appropriate models for supervision and staff development, and applies the legal requirements for personnel management. A superintendent understands, values, and is able to:

(1) develop, implement, and evaluate a comprehensive professional development plan designed specifically to address areas of identified school district, campus, and/or staff need;

(2) facilitate the application of adult learning principles to all professional development activities, including the use of relevant issues and tasks and the use of support and follow-up strategies to facilitate implementation;

(3) implement strategies to enhance professional capabilities at the school district and campus level to ensure support for a continuum of services and programming;

(4) deliver effective presentations and facilitate the learning of both small and large groups;

(5) implement effective strategies for the recruitment, selection, induction, development, and promotion of staff;

(6) develop and institute comprehensive staff evaluation models appropriate to the position held that include both formative and summative assessment and appraisal strategies;

(7) demonstrate use of school district and staff evaluation data for personnel policy development and decision making;

(8) demonstrate and apply knowledge of certification requirements and standards; and

(9) diagnose and improve organizational health/morale by the implementation of strategies and programs designed to provide on-going assistance and support to personnel.

(e) Learner-Centered Policy and Governance. A superintendent is an educational leader who promotes the success of all students by understanding, responding to, and influencing the larger political, social, economic, legal, and cultural context and by working with the board of trustees to define mutual expectations, policies, and standards. A superintendent understands, values, and is able to:

(1) define and apply the general characteristics of internal and external political systems to the educational organization;

(2) demonstrate and apply appropriate knowledge of legal issues affecting education;

(3) provide leadership in defining superintendent and board of trustees roles, mutual expectations, and effective superintendent-board of trustees working relationships;

(4) determine the political, economic, and social aspects and/or needs of groups in the community, and those of the community at large, for effective and responsive decision making;

(5) prepare and recommend school district policies to improve student learning and school district performance in compliance with state and federal requirements;

(6) use legal systems to protect the rights of students and staff and to improve learning opportunities;

(7) apply laws, policies, and procedures fairly, wisely, and considerately; and

(8) access state and national political systems to provide input on critical educational issues.

(f) Learner-Centered Communications and Community Relations. A superintendent is an educational leader who promotes the success of all students by collaborating with families and community members, responding to diverse community interests and needs, and mobilizing community resources. A superintendent understands, values, and is able to:

(1) develop and implement an effective and comprehensive school district internal and external communications plan and public relations program;

(2) analyze community and school district structures and identify major opinion leaders and their relationships to school district goals and programs;

(3) establish partnerships with parents, area businesses, institutions of higher education, and community groups to strengthen programs and support school district goals;

(4) implement effective strategies to systematically communicate with and gather input from all stakeholders in the school district;

(5) communicate effectively with all social, cultural, ethnic, and racial groups in the school district and community;

(6) develop and use formal and informal techniques to obtain accurate perceptions of the school district staff, parents, and community;

(7) use effective consensus-building and conflict-management skills;

(8) articulate the school district's vision and priorities to the community and to the media;

(9) influence the media by using proactive communication strategies that serve to enhance and promote the school district's vision;

(10) communicate an articulate position on educational issues; and

(11) demonstrate effective and forceful writing, speaking, and active listening skills.

(g) Learner-Centered Organizational Leadership and Management. A superintendent is an educational leader who promotes the success of all students by leadership and management of the organization, operations, and resources for a safe, efficient, and effective learning environment. A superintendent understands, values, and is able to:

(1) implement appropriate management techniques and group processes to define roles, assign functions, delegate effectively, and determine accountability for goal attainment;

(2) implement processes for gathering, analyzing, and using data for informed decision making;

(3) frame, analyze, and resolve problems using appropriate problem-solving techniques and decision-making skills;

(4) develop, implement, and evaluate change processes for organizational effectiveness;

(5) implement strategies that enable the physical plant, equipment, and support systems to operate safely, efficiently, and effectively to maintain a conducive learning environment throughout the school district;

(6) apply legal concepts, regulations, and codes for school district operations;

(7) perform effective budget planning, management, account auditing, and monitoring and establish school district procedures for accurate and effective fiscal reporting;

(8) acquire, allocate, and manage resources according to school district vision and priorities;

(9) manage one's own time and the time of others to maximize attainment of school district goals; and

(10) use technology to enhance school district operations.

(h) Learner-Centered Curriculum Planning and Development. A superintendent is an educational leader who promotes the success of all students by facilitating the design and implementation of curricula and strategic plans that enhance teaching and learning; alignment of curriculum, curriculum resources, and assessment; and the use of various forms of assessment to measure student performance. A superintendent understands, values, and is able to:

(1) apply understanding of pedagogy, cognitive development, and child and adolescent growth and development to facilitate effective school district curricular decisions;

(2) implement curriculum planning methods to anticipate and respond to occupational and economic trends and to achieve optimal student learning;

(3) implement core curriculum design and delivery systems to ensure instructional continuity and instructional integrity across the school district;

(4) develop and implement collaborative processes for the systematic assessment and renewal of the curriculum to ensure appropriate scope, sequence, content, and alignment;

(5) evaluate and provide direction for improving school district curriculum in ways that are based upon sound, research-based practices;

(6) facilitate the use of technology, telecommunications, and information systems to enrich the school district curriculum and enhance learning for all students;

(7) facilitate the use of creative, critical-thinking, and problem-solving tools by staff and other school district stakeholders; and

(8) facilitate the effective coordination of school district and campus curricular and extracurricular programs.

(i) Learner-Centered Instructional Leadership and Management. A superintendent is an educational leader who promotes the success of all students by advocating, nurturing, and sustaining a school district culture and instructional program conducive to student learning and staff professional growth. A superintendent understands, values, and is able to:

(1) apply knowledge and understanding of motivational theories to create conditions that empower staff, students, families, and the community to strive to achieve the school district's vision;

(2) facilitate the implementation of sound, research-based theories and techniques of classroom management, student discipline, and school safety to ensure a school district environment conducive to learning;

(3) facilitate the development of a learning organization that supports instructional improvement, builds and implements an appropriate curriculum, and incorporates best practice;

(4) facilitate the ongoing study of current best practice and relevant research and encourage the application of this knowledge to school district/campus improvement initiatives;

(5) plan and manage student activity programs to fulfill developmental, social, cultural, athletic, leadership, and scholastic needs (i.e., guidance and counseling programs and services);

(6) institute a comprehensive school district program of student assessment, interpretation of data, and reporting of state and national data results;

(7) apply knowledge and understanding of special programs to ensure that students with special needs are provided quality, flexible instructional programs and services;

(8) analyze and deploy available instructional resources in the most effective and equitable manner to enhance student learning;

(9) develop, implement, and evaluate change processes to improve student and adult learning and the climate for learning; and

(10) create an environment in which all students can learn.

Comments

Source Note: The provisions of this §242.15 adopted to be effective March 14, 1999, 24 TexReg 1617; amended to be effective September 2, 1999, 24 TexReg 6751; amended to be effective October 25, 2009, 34 TexReg 7202

§242.20: Requirements for the Issuance of the Standard Superintendent Certificate

To be eligible to receive the standard Superintendent Certificate, a candidate must:

(1) satisfactorily complete an examination based on the standards identified in §242.15 of this title (relating to Standards Required for the Superintendent Certificate);

(2) successfully complete a State Board for Educator Certification-approved superintendent preparation program and be recommended for certification by that program;

(3) hold, at a minimum, a master's degree from an accredited institution of higher education that at the time was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board; and

(4) hold, at a minimum, a principal certificate or the equivalent issued under this title or by another state or country.

Comments

Source Note: The provisions of this §242.20 adopted to be effective March 14, 1999, 24 TexReg 1617; amended to be effective September 2, 1999, 24 TexReg 6751; amended to be effective April 28, 2002, 27 TexReg 3354; amended to be effective July 13, 2004, 29 TexReg 6646; amended to be effective October 25, 2009, 34 TexReg 7202

§242.25: Requirements for the First-Time Superintendent in Texas

(a) A first-time superintendent (including the first time in the state) shall participate in a one-year mentorship that should include at least 36 clock-hours of professional development directly related to the standards identified in §242.15 of this title (relating to Standards Required for the Superintendent Certificate).

(b) During the one-year mentorship, the superintendent should have contact with his or her mentor at least once a month. The mentorship program must be completed within the first 18 months of employment as superintendent in order to maintain the standard certificate.

(c) Experienced superintendents willing to serve as mentors must participate in training for the role.

Comments

Source Note: The provisions of this §242.25 adopted to be effective March 14, 1999, 24 TexReg 1617; amended to be effective September 2, 1999, 24 TexReg 6751; amended to be effective October 25, 2009, 34 TexReg 7202

§242.30: Requirements to Renew the Standard Superintendent Certificate

(a) An individual who holds the standard Superintendent Certificate is subject to Chapter 232, Subchapter B, of this title (relating to Certificate Renewal and Continuing Professional Education Requirements).

(b) To satisfy the requirements of this section, an individual must complete 200 clock-hours of continuing professional education every five years directly related to the standards in §242.15 of this title (relating to Standards Required for the Superintendent Certificate).

(c) An individual who holds a valid Texas professional administrator certificate issued prior to September 1, 1999, may voluntarily comply with the requirements of this section under procedures implemented by the Texas Education Agency staff under §232.810 of this title (relating to Voluntary Renewal of Current Texas Educators).

Comments

Source Note: The provisions of this §242.30 adopted to be effective March 14, 1999, 24 TexReg 1617; amended to be effective September 2, 1999, 24 TexReg 6751; amended to be effective October 25, 2009, 34 TexReg 7202

Chapter 244

§244.1: General Provisions

(a) The State Board for Educator Certification is responsible for ensuring the certification of appraisers performing appraisal of teachers, administrators, and counselors employed in Texas public schools.

(b) The appraisal process for teachers is outlined in Texas Education Code (TEC) Chapter 21, Subchapter H, and Chapter 15 of this title (relating to Commissioner of Education Rules Concerning Teacher Appraisal). Appraisal systems that may be used for appraising teachers are either recommended by the Commissioner of Education or locally developed and adopted by a school district according to the Commissioner's rules.

Comments

Source Note: The provisions of this §244.1 adopted to be effective March 1, 1998, 23 TexReg 1022.

§244.2: Conditions for Issuing a Certificate of Completion of Training for Appraisers of Teachers

(a) Each regional education service center is responsible for maintaining documentation of training for all individuals completing appraiser training to appraise teachers. The content of the training and the criteria for acceptable performance of the appraiser are established by the Commissioner of Education if the training is provided to implement the Commissioner's Recommended Appraisal System or by a public school district if a locally-developed system is implemented.

(b) The SBEC will recognize individuals who have successfully completed appraiser training as provided by the regional education service center or by school districts, as appropriate. The providers of training are responsible for issuing a certificate denoting completion of training.

Comments

Source Note: The provisions of this §244.2 adopted to be effective March 1, 1998, 23 TexReg 1022.

§244.3: Training for Appraisers in Districts Using Locally-Developed Teacher Appraisal Systems

A district must have a clearly defined set of procedures for training appraisers. The district must identify the qualities appraisers must demonstrate and include appropriate proficiency checks to evaluate the performance of teachers. The district shall be responsible for documenting that appraisers have met training criteria established by the school district.

Comments

Source Note: The provisions of this §244.3 adopted to be effective March 1, 1998, 23 TexReg 1022.

§244.4: Certification of Appraisers of Administrators or Counselors

(a) A person who holds a certificate of one of the following classifications listed in this subsection, or who occupies a position that requires such a certification, is certified to appraise the performance of a counselor or an administrator other than the superintendent: superintendent; administrator; mid-management; principal; or assistant-principal. Each district shall assign one or more appraisers for each counselor or administrator, other than the superintendent, as the district considers appropriate.

(b) An uncertified person designated by the local school district may appraise the performance of an administrator in an area for which certification is not required, including personnel, business, accounting, planning, and research.

(c) The board of trustees may appraise the performance of the superintendent. Certification is not necessary for this purpose.

Comments

Source Note: The provisions of this §244.4 adopted to be effective March 1, 1998, 23 TexReg 1022.

Chapter 245

§245.1: General Provisions

(a) A Texas educator certificate may be issued to an individual who holds a college degree and an appropriate certificate or other credential issued by the authorized licensing agency in another country and who meets appropriate requirements specified in §230.413 of this title (relating to General Requirements) and in this chapter.

(b) The degree held by an applicant from another country must be, at a minimum, equivalent to a baccalaureate degree issued by an institution of higher education in the United States accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board.

(c) The certificate(s) or other credential(s) issued by the authorized licensing agency in another country may not be a temporary permit, a credential issued by a city or school district, or a certificate for which academic or other program deficiencies are indicated. Specific examination or renewal requirements shall not be considered academic or program deficiencies.

(d) A statement, approval letter, or certification entitlement card issued by the authorized licensing agency in another country specifying eligibility for full certification upon employment or completion of specified examination requirements shall have the same standing as a certificate.

(e) The certificate(s) or other credential(s) and areas of certification issued by the authorized licensing agency in another country must be equivalent to a certificate and certification areas issued by the State Board for Educator Certification (SBEC). The Texas Education Agency (TEA) staff shall identify the certification areas for which the applicant qualifies in Texas. The certificate, including all certification areas for which the applicant qualifies, may be issued by the TEA staff under the authority of the SBEC.

Comments

Source Note: The provisions of this §245.1 adopted to be effective February 3, 2000, 25 TexReg 572; amended to be effective June 9, 2002, 27 TexReg 4701; amended to be effective June 23, 2010, 35 TexReg 5195

§245.5: Requirements for Issuance of a Texas Certificate Based on Certification from Another Country

(a) The appropriate standard certificate issued under Chapter 232, Subchapter A, of this title (relating to Types and Classes of Certificates Issued), may be issued to an applicant holding a certificate or other credential and college degree as specified in §245.1 of this title (relating to General Provisions). The applicant must:

(1) pass the appropriate examination(s) prescribed in the Texas Education Code (TEC), §21.048(a), and §230.5 of this title (relating to Educator Assessment); or

(2) achieve an acceptable score on an examination(s) similar to and at least as rigorous as the requirements prescribed in the TEC, §21.048(a), and §230.5 of this title that was administered under the authority of another country. The applicant shall verify in a manner determined by the Texas Education Agency staff the level of performance on acceptable examinations administered under the authority of another country.

(b) If all certification requirements are met, except successful completion of the appropriate certification examination(s), the applicant may request issuance of a one-year certificate in one or more of the certification areas authorized by the certificate(s) or other credential(s) from another country. An applicant who holds only a credential that is equivalent to a student services, principal, or superintendent certificate issued in accordance with Chapter 239 of this title (relating to Student Services Certificates), with the exception of Subchapter E (relating to Master Teacher Certificate); Chapter 241 of this title (relating to Principal Certificate); or Chapter 242 of this title (relating to Superintendent Certificate) may be issued the equivalent Texas certificate. The applicant must verify two creditable years of public or private school experience, as defined in Chapter 153, Subchapter CC, of this title (relating to Commissioner's Rules on Creditable Years of Service) and the TEC, §5.001(2), in the specific student services or administrative area sought.

(c) An applicant issued a one-year certificate under §232.1 of this title (relating to Types of Certificates) and this chapter who does not satisfy the appropriate examination requirements to establish eligibility for a standard certificate during the validity of the one-year certificate is not eligible for any type of certificate or permit authorizing employment for the same certification level or area until he or she has satisfied the examination requirements. If, due to extenuating circumstances, examination requirements are not met during the validity period of the one-year certificate, the educator may request an extension of the one-year certificate, not to exceed one calendar year in length.

(d) An applicant issued a one-year certificate under subsection (c) of this section who, during or subsequent to the validity of the one-year certificate, satisfies the appropriate examination requirements and establishes eligibility for a standard certificate may apply for:

(1) a new one-year certificate in another certification area based on a certificate or other credential issued by a another country; or

(2) a second one-year certificate in an area previously authorized on a one-year certificate, provided the applicant was not assigned to the area and has not attempted the appropriate examination requirements for that area.

Comments

Source Note: The provisions of this §245.5 adopted to be effective February 3, 2000, 25 TexReg 572; amended to be effective June 9, 2002, 27 TexReg 4701; amended to be effective June 23, 2010, 35 TexReg 5195

§245.10: Application Procedures

(a) An individual who has been issued an appropriate certificate or other credential by the authorized licensing agency in another country as specified in §245.1 of this title (relating to General Provisions) may apply for a review of credentials by submitting the following items to the Texas Education Agency (TEA) staff:

(1) a completed application;

(2) the original detailed report or course-by-course evaluation for professional licensing of all college-level credits prepared by a foreign credential evaluation service recognized by the TEA staff. The evaluation must verify that the individual:

(A) holds, at a minimum, the equivalent of a baccalaureate degree issued by an accredited institution of higher education in the United States as specified in §245.1(b) of this title, including the date that the degree was conferred; and

(B) has completed an educator preparation program, including a teaching practicum;

(3) an original written statement, provided by the authorized licensing agency in the issuing country, that the educator certificate(s) or other credential(s) specified in §245.1 of this title is currently in good standing and has not been revoked, suspended, or sanctioned for misconduct and is not pending disciplinary or adverse action. The statement must be written in the English language or must be accompanied by a translation in the English language from a foreign credential evaluation service recognized by the TEA staff or an accredited translation service;

(4) official transcripts of any additional college credits earned in the United States; and

(5) a nonrefundable review fee as specified in Chapter 230, Subchapter N, of this title (relating to Certificate Issuance Procedures).

(b) Pursuant to §245.5(b) of this title (relating to Requirements for Issuance of a Texas Certificate Based on Certification from Another Country) an applicant may apply for a one-year certificate by submitting the following items to the TEA staff:

(1) a completed application; and

(2) the appropriate fee as specified in Chapter 230, Subchapter N, of this title.

(c) Pursuant to §245.5(a) of the title, an applicant may apply for a standard certificate by submitting the following items to the TEA staff:

(1) a completed application; and

(2) the appropriate fee as specified in Chapter 230, Subchapter N, of this title.

Comments

Source Note: The provisions of this §245.10 adopted to be effective February 3, 2000, 25 TexReg 572; amended to be effective June 9, 2002, 27 TexReg 4701; amended to be effective June 23, 2010, 35 TexReg 5195

§245.15: Evaluation of College Credentials

(a) A request to evaluate an applicant's credentials for areas of certification that are not identified on the certificate(s) or other credential(s) issued in accordance with §245.1 of this title (relating to General Provisions) must be directed to a State Board for Educator Certification (SBEC)-approved educator preparation program for admission to and recommendation by the program for certification.

(b) An individual who does not hold a certificate or other credential issued in accordance with §245.1 of this title must seek admission to an SBEC-approved educator preparation program and be recommended by the program for certification.

Comments

Source Note: The provisions of this §245.15 adopted to be effective February 3, 2000, 25 TexReg 572; amended to be effective June 23, 2010, 35 TexReg 5195

Chapter 247

§247.1: Purpose and Scope

In compliance with the Texas Education Code, §21.041(b)(8), the State Board for Educator Certification (the board) adopts an educators' code of ethics as set forth in §247.2 of this title (relating to Code of Ethics and Standard Practices for Texas Educators). The board may amend the ethics code in the same manner as any other formal rule. The board is solely responsible for enforcing the ethics code for purposes related to certification disciplinary proceedings.

Comments

Source Note: The provisions of this §247.1 adopted to be effective March 1, 1998, 23 TexReg 1022.

§247.2: Code of Ethics and Standard Practices for Texas Educators

(a) Statement of Purpose. The Texas educator shall comply with standard practices and ethical conduct toward students, professional colleagues, school officials, parents, and members of the community and shall safeguard academic freedom. The Texas educator, in maintaining the dignity of the profession, shall respect and obey the law, demonstrate personal integrity, and exemplify honesty. The Texas educator, in exemplifying ethical relations with colleagues, shall extend just and equitable treatment to all members of the profession. The Texas educator, in accepting a position of public trust, shall measure success by the progress of each student toward realization of his or her potential as an effective citizen. The Texas educator, in fulfilling responsibilities in the community, shall cooperate with parents and others to improve the public schools of the community.

(b) Enforceable Standards.

(1) Professional Ethical Conduct, Practices and Performance.

(A) Standard 1.1. The educator shall not knowingly engage in deceptive practices regarding official policies of the school district or educational institution.

(B) Standard 1.2. The educator shall not knowingly misappropriate, divert, or use monies, personnel, property, or equipment committed to his or her charge for personal gain or advantage.

(C) Standard 1.3. The educator shall not submit fraudulent requests for reimbursement, expenses, or pay.

(D) Standard 1.4. The educator shall not use institutional or professional privileges for personal or partisan advantage.

(E) Standard 1.5. The educator shall neither accept nor offer gratuities, gifts, or favors that impair professional judgment or to obtain special advantage. This standard shall not restrict the acceptance of gifts or tokens offered and accepted openly from students, parents, or other persons or organizations in recognition or appreciation of service.

(F) Standard 1.6. The educator shall not falsify records, or direct or coerce others to do so.

(G) Standard 1.7. The educator shall comply with state regulations, written local school board policies, and other applicable state and federal laws.

(H) Standard 1.8. The educator shall apply for, accept, offer, or assign a position or a responsibility on the basis of professional qualifications.

(2) Ethical Conduct Toward Professional Colleagues.

(A) Standard 2.1. The educator shall not reveal confidential health or personnel information concerning colleagues unless disclosure serves lawful professional purposes or is required by law.

(B) Standard 2.2. The educator shall not harm others by knowingly making false statements about a colleague or the school system.

(C) Standard 2.3. The educator shall adhere to written local school board policies and state and federal laws regarding the hiring, evaluation, and dismissal of personnel.

(D) Standard 2.4. The educator shall not interfere with a colleague's exercise of political, professional, or citizenship rights and responsibilities.

(E) Standard 2.5. The educator shall not discriminate against or coerce a colleague on the basis of race, color, religion, national origin, age, sex, disability, or family status.

(F) Standard 2.6. The educator shall not use coercive means or promise of special treatment in order to influence professional decisions or colleagues.

(G) Standard 2.7. The educator shall not retaliate against any individual who has filed a complaint with the SBEC under this chapter.

(3) Ethical Conduct Toward Students.

(A) Standard 3.1. The educator shall not reveal confidential information concerning students unless disclosure serves lawful professional purposes or is required by law.

(B) Standard 3.2. The educator shall not knowingly treat a student in a manner that adversely affects the student's learning, physical health, mental health, or safety.

(C) Standard 3.3. The educator shall not deliberately or knowingly misrepresent facts regarding a student.

(D) Standard 3.4. The educator shall not exclude a student from participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of race, color, sex, disability, national origin, religion, or family status.

(E) Standard 3.5. The educator shall not engage in physical mistreatment of a student.

(F) Standard 3.6. The educator shall not solicit or engage in sexual conduct or a romantic relationship with a student.

(G) Standard 3.7. The educator shall not furnish alcohol or illegal/unauthorized drugs to any student or knowingly allow any student to consume alcohol or illegal/unauthorized drugs in the presence of the educator.

Comments

Source Note: The provisions of this §247.2 adopted to be effective March 1, 1998, 23 TexReg 1022; amended to be effective August 22, 2002, 27 TexReg 7530

Chapter 249

Subchapter A

§249.3: Definitions

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

(1) Administrative denial--a decision or action by the Texas Education Agency (TEA) staff to deny a person any of the following based on the withholding or voiding of certification test scores; the invalidation of a certification test registration; or evidence of a lack of good moral character or improper conduct:

(A) admission to an educator preparation program;

(B) certification (including certification following revocation, cancellation, or surrender of a previously issued certificate) or renewal of certification; or

(C) reinstatement of a previously suspended certificate.

(2) Administrative law judge (ALJ)--a person appointed by the chief judge of the State Office of Administrative Hearings (SOAH) under Texas Government Code, Chapter 2003.

(3) Answer--the initial responsive pleading filed in reply to factual and legal issues raised by a petition.

(4) Applicant--a party seeking any of the following from the TEA staff or the State Board for Educator Certification (SBEC): issuance of a certificate (including issuance of a new certificate following revocation, cancellation, or surrender of a previously issued certificate); renewal of a certificate; or reinstatement of a suspended certificate.

(5) Cancellation--the invalidation of an erroneously issued certificate.

(6) Certificate--the whole or part of any certificate, permit, approval, endorsement, or similar form of permission issued by the TEA staff or the SBEC. The official certificate is the record of the certificate as maintained on the SBEC's website.

(7) Certificate holder--a person who holds a certificate issued under the Texas Education Code (TEC), Chapter 21, Subchapter B.

(8) Chair--the presiding officer of the SBEC, elected pursuant to the TEC, §21.036, or other person designated by the chair to act in his or her absence or inability to serve.

(9) Chief judge--the chief administrative law judge of the SOAH.

(10) Code of Ethics--the Code of Ethics and Standards of Practices for Texas Educators, pursuant to Chapter 247 of this title (relating to the Educators' Code of Ethics).

(11) Complaint--a written statement submitted to the TEA staff that contains essential facts alleging improper conduct by an educator, applicant, or examinee, and provides grounds for sanctions.

(12) Contested case--a proceeding under this chapter in which the legal rights, duties, and privileges of a party are to be determined by the SBEC after an opportunity for an adjudicative hearing.

(13) Conviction--an adjudication of guilt for a criminal offense. The term does not include the imposition of deferred adjudication for which the judge has not proceeded to an adjudication of guilt, except as provided by Code of Criminal Procedure, Article 42.12.

(14) Disciplinary proceedings--contested case proceedings before the TEA staff, the SOAH, and the SBEC that commence when a request for hearing is timely filed under this chapter.

(15) Educator--a person who is required to hold a certificate issued under the TEC, Chapter 21, Subchapter B.

(16) Effective date--as applied to a non-rulemaking decision or action by the SBEC or the TEA staff, the date the decision or action becomes final under the appropriate legal authority.

(17) Examinee--a person who registers to take or who takes a basic skills examination prescribed by the SBEC for admission to an educator preparation program or a comprehensive examination prescribed by the SBEC for a certificate.

(18) Filing--any written petition, answer, motion, response, other written instrument, or item appropriately filed with the TEA staff, the SBEC, or the SOAH under this chapter.

(19) Good moral character--the virtues of a person as evidenced, at a minimum, by his or her not having committed crimes relating directly to the duties and responsibilities of the education profession as described in §249.16(b) of this title (relating to Eligibility of Persons with Criminal Convictions for a Certificate under Texas Occupations Code, Chapter 53) or acts involving moral turpitude.

(20) Informal conference--an informal meeting between the TEA staff and an educator, applicant, or examinee; the purpose of such a meeting being to give the person an opportunity to show compliance with all requirements of law for the granting or retention of a certificate or test score.

(21) Invalidation--rendered void; lacking legal or administrative efficacy.

(22) Law--the United States and Texas Constitutions, state and federal statutes, regulations, rules, relevant case law, and decisions and orders of the SBEC and the commissioner of education.

(23) Mail--certified United States mail, return receipt requested, unless otherwise provided by this chapter.

(24) Majority--a majority of the voting members of the SBEC who are present and voting on the issue at the time the vote is recorded.

(25) Moral turpitude--improper conduct including, but not limited to, the following: dishonesty; fraud; deceit; theft; misrepresentation; deliberate violence; base, vile, or depraved acts that are intended to arouse or to gratify the sexual desire of the actor; drug or alcohol related offenses as described in §249.16(b) of this title (relating to Eligibility of Persons with Criminal Convictions for a Certificate under Texas Occupations Code, Chapter 53); or acts constituting abuse or neglect under the Texas Family Code, §261.001.

(26) Party--each person named or admitted to participate in a contested case under this chapter.

(27) Person--any individual, representative, corporation, or other entity, including the following: an educator, applicant, or examinee; the TEA staff, SBEC, or SOAH; any other agency or instrumentality of federal, state, or local government; or any public or non-profit corporation.

(28) Petition--the written pleading filed by the petitioner in a contested case under this chapter.

(29) Petitioner--the party having the burden of proof by a preponderance of the evidence in any contested case hearing or proceeding under this chapter. The term includes the following persons:

(A) the TEA staff;

(B) a person appealing the administrative cancellation of scores based on irregularities involving a TEA-administered test; and

(C) a person appealing the administrative denial of any of the following:

(i) certification (including certification following revocation, cancellation, or surrender of a previously issued certificate) or renewal of certification; or

(ii) reinstatement of a suspended certificate.

(30) Presiding officer--the chair or acting chair of the SBEC.

(31) Proposal for decision--a recommended decision issued by an ALJ in accordance with the Texas Government Code, §2001.062.

(32) Quorum--a majority of the 14 members appointed to and serving on the SBEC pursuant to the TEC, §21.033; eight SBEC members, as specified in the SBEC Operating Policies and Procedures.

(33) Reinstatement--the reactivation to valid status of a certificate suspended by the SBEC; the lifting or discharging of a suspension on a certificate.

(34) Representative--a person representing an educator, applicant, or examinee in matters arising under this chapter; in a contested case proceeding before the SOAH, an attorney licensed to practice law in the State of Texas.

(35) Reprimand--the SBEC's formal censuring of a certificate holder.

(A) An "inscribed reprimand" is a formal, published censure appearing on the face of the educator's virtual certificate.

(B) A "non-inscribed reprimand" is a formal, unpublished censure that does not appear on the face of the educator's virtual certificate.

(36) Revocation--a sanction imposed by the SBEC permanently invalidating an educator's certificate.

(37) Respondent--the party who contests factual or legal issues or both raised in a petition; the party filing an answer in response to a petition.

(38) Sanction--

(A) a disciplinary action by the SBEC, including a restriction, reprimand, suspension, surrender, or revocation of a certificate;

(B) a reasonable and lawful punitive measure imposed by the ALJ or presiding officer against a party, representative, or other participant involved in a disciplinary proceeding, hearing, or other matter under this chapter.

(39) State Board for Educator Certification--the SBEC acting through its voting members in a decision-making capacity.

(40) State Board for Educator Certification member(s)--one or more of the members of the SBEC, appointed and qualified under the TEC, §21.033.

(41) Surrender--an educator's voluntary, permanent relinquishment and invalidation of a particular certificate in lieu of disciplinary proceedings under this chapter and possible revocation of the certificate.

(42) Suspension--a sanction imposed by the SBEC temporarily invalidating a particular certificate until reinstated by the SBEC.

(43) Test administration rules or procedures--rules and procedures governing professional examinations administered by the SBEC through the TEA staff and a test contractor, including policies, regulations, and procedures set out in a test registration bulletin.

(44) Texas Education Agency staff--staff of the TEA assigned by the commissioner of education to perform the SBEC's administrative functions and services.

(45) Unworthy to instruct or to supervise the youth of this state--the determination that a person is unfit to hold a certificate under the TEC, Chapter 21, Subchapter B, or to be allowed on a school campus under the auspices of an educator preparation program.

(46) Virtual certificate--the official record of a person's certificate status as maintained on the SBEC's website.

Comments

Source Note: The provisions of this §249.3 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective June 21, 2009, 34 TexReg 3944

§249.4: Applicability

(a) In conjunction with the rules of practice and procedure of the State Office of Administrative Hearings (SOAH), (1 Texas Administrative Code, Part 7, Chapter 155 (relating to Rules of Procedures)) and other applicable law, this chapter shall govern disciplinary matters before the State Board for Educator Certification (SBEC), including the following proceedings:

(1) sanctions sought against a certificate holder;

(2) appeals of administrative denials;

(3) appeals of the administrative cancellation or withholding of test scores for alleged violation of test administration rules;

(4) reinstatement of a suspended certificate;

(5) complaints of contract abandonment filed with the Texas Education Agency (TEA) staff pursuant to Texas Education Code (TEC), §§21.105(c), 21.160(c), or 21.210(c); and

(6) sanctions sought against a certificate for the holder's knowing failure to report criminal history or other information required to be reported under the TEC, Chapter 22, Subchapter C; Texas Family Code, Chapter 261, Subchapter B; or this chapter.

(b) The SOAH shall conduct all contested case hearings held under this chapter.

(c) This chapter shall apply to any matter referred for a contested case hearing.

(d) This chapter does not apply to matters related to the proposal or adoption of the SBEC rules under the Texas Government Code, Chapter 2001, or to internal personnel policies or practices of the TEA staff or the SBEC. The provisions of this chapter may not be used to seek sanctions against a member of the SBEC or the TEA staff acting in that capacity.

Comments

Source Note: The provisions of this §249.4 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112

§249.5: Purpose

The purpose of this chapter is:

(1) to protect the safety and welfare of Texas schoolchildren and school personnel;

(2) to ensure educators and applicants are morally fit and worthy to instruct or to supervise the youth of the state;

(3) to regulate and to enforce the standards of conduct of educators and applicants;

(4) to provide for disciplinary proceedings in conformity with the Texas Government Code, Chapter 2001, and the rules of practice and procedure of the State Office of Administrative Hearings;

(5) to enforce an educators' code of ethics;

(6) to fairly and efficiently resolve disciplinary proceedings at the least expense possible to the parties and the state;

(7) to promote the development of legal precedents through State Board for Educator Certification (SBEC) decisions to the end that disciplinary proceedings may be justly resolved; and

(8) to provide for regulation and general administration pursuant to the SBEC's enabling statutes.

Comments

Source Note: The provisions of this §249.5 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112

§249.6: Construction

(a) This chapter shall be liberally construed in conformity with the Texas Government Code, Chapter 2001, and the rules of practice and procedure of the State Office of Administrative Hearings so as to achieve the purposes for which it was adopted, without changing the statutory jurisdiction, powers, or authority of the State Board for Educator Certification (SBEC).

(b) "Includes" and "including" are terms of enlargement and not of limitation or exclusive enumeration, and use of the terms does not create a presumption that components not expressed are excluded.

(c) If any provision of this chapter is declared invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions of this chapter that can be applied without the invalid provision. To that end, the SBEC declares the provisions of this chapter to be severable.

Comments

Source Note: The provisions of this §249.6 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112

§249.7: Signature Authority; Seal

(a) The State Board for Educator Certification (SBEC) may delegate to the chair the authority to sign on behalf of a majority of the SBEC members a decision made or order issued under this chapter.

(b) As provided by this chapter, the Texas Education Agency (TEA) staff may sign final orders dismissing cases by agreement of the parties or by non-suit of the petitioner as well as those relating to other matters as provided by this chapter.

(c) The SBEC and the TEA staff may maintain a seal to authenticate their official acts under this title, including certifying copies of records showing decisions or orders of the SBEC or the TEA staff. The seal shall have a star with five points and the words "State Board for Educator Certification" on it.

Comments

Source Note: The provisions of this §249.7 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112

§249.8: Agreements to Be in Writing

Unless otherwise provided in this chapter, no agreement between parties or their representatives related to a matter under this chapter will be enforced unless it be in writing and signed by the parties to the agreement or their representatives and appropriately filed with the papers as part of the record.

Comments

Source Note: The provisions of this §249.8 adopted to be effective March 31, 1999, 24 TexReg 2304

§249.9: Ex Parte Communications

Subjects, parties, their authorized representatives, or anyone else on a party's behalf shall not communicate or attempt to communicate with any State Board for Educator Certification member regarding a complaint, investigation, or disciplinary proceeding under this chapter, except as allowed by law. The chair may impose sanctions against a violator of this section.

Comments

Source Note: The provisions of this §249.9 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112

§249.10: Conduct and Decorum

(a) Parties, authorized representatives, witnesses, and other persons involved in a proceeding, hearing, or other matter under this chapter shall conduct themselves with proper dignity, courtesy, and respect for the State Board for Educator Certification (SBEC), Texas Education Agency staff, administrative law judge (ALJ), and all other participants. Disorderly conduct shall not be tolerated. The rules of the State Office of Administrative Hearings (SOAH) governing conduct and decorum under 1 Texas Administrative Code (TAC), Part 7, Chapter 155 (relating to Rules of Procedures), shall also apply to matters referred to the SOAH.

(b) Authorized representatives shall observe the standards of conduct prescribed for their professions.

(c) The presiding officer or ALJ may impose sanctions against a violator of this section, including barring the person from attending further proceedings. Sanctions allowed by the rules of the SOAH under 1 TAC, Part 7, Chapter 155, governing sanctions against a party or its representative and the grounds for them under that chapter are also available to the chair in any other proceeding before the SBEC that is not conducted by the SOAH.

Comments

Source Note: The provisions of this §249.10 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112

Subchapter B

§249.11: Test Irregularities; Appeal; Sanctions

(a) Upon satisfactory evidence that the examinee has violated test administration rules or procedures, the State Board for Educator Certification may cancel the examinee's test scores or registration and bar the person from being admitted to a future test administration. The Texas Education Agency (TEA) staff shall mail notice of this action to the examinee, and the examinee shall be given the opportunity to show compliance with test administration rules or procedures.

(b) The examinee may appeal the administrative cancellation of test scores by requesting a hearing before the State Office of Administrative Hearings (SOAH). The appeal of an administrative cancellation shall be in the form of a petition that complies in content and form with §249.26 of this title (relating to Petition) and 1 Texas Administrative Code, Part 7, §155.29 (relating to Pleadings) and shall be filed with the TEA staff. No appeal of an administrative cancellation shall receive a contested case hearing on the merits unless the petition is received by the TEA staff within 30 calendar days after the person received written notice of the TEA staff's action. It is a rebuttable presumption that the notice was received no later than five calendar days after mailing. The TEA staff may dismiss an appeal not timely filed.

(c) The TEA staff shall send an answer to the petition to the examinee and shall refer the petition and answer to the SOAH for a contested case hearing.

Comments

Source Note: The provisions of this §249.11 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112

§249.12: Administrative Denial; Appeal

(a) This section applies to the denial of an application for certification (including certification following revocation, cancellation, or surrender of a previously issued certificate), the denial of an application for renewal of certification, or the reinstatement of a suspended certificate. This section does not apply to the denial of an application for a certificate that has been permanently revoked, denied, or surrendered.

(b) The Texas Education Agency (TEA) staff may administratively deny any of the matters set out in subsection (a) of this section based on satisfactory evidence that:

(1) the person has committed a crime, an offense, or conduct that would constitute a crime or offense relating directly to the duties and responsibilities of the education profession;

(2) the person lacks good moral character;

(3) the person filed a fraudulent application;

(4) the person is unworthy to instruct or to supervise the youth of this state;

(5) the person failed to comply with an order issued by the State Board for Educator Certification or the TEA staff; or

(6) the person has committed a crime, an offense, or conduct that would constitute a crime or offense relating directly to the duties and responsibilities of the education profession while the person's certificate was suspended.

(c) The TEA staff shall mail to the person whose application or request has been administratively denied written notice of the denial and the factual and legal reasons for it. The person shall be given an opportunity to show compliance with legal requirements. A person may appeal an administrative denial.

(d) The appeal of an administrative denial shall be in the form of a petition that complies in content and form with §249.26 of this title (relating to Petition) and 1 Texas Administrative Code, Part 7, §155.29 (relating to Pleadings). No appeal of an administrative denial shall receive a contested case hearing on the merits unless the request for hearing is received by the TEA staff within 30 calendar days after the person received written notice of the TEA staff's action. The TEA staff may dismiss an appeal that is not timely filed without further action.

(e) The TEA staff shall send an answer to the petition to the person appealing an administrative denial and shall refer the petition and answer to the State Office of Administrative Hearings for a contested case hearing.

Comments

Source Note: The provisions of this §249.12 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112

§249.13: Cancellation of an Erroneously Issued Certificate

(a) When satisfactory evidence indicates that a certificate was issued in error and the person issued the certificate has not fulfilled all certification requirements, the Texas Education Agency (TEA) staff shall cancel the certificate by updating the person's virtual certificate. Before canceling the certificate, the TEA staff shall notify the person issued the certificate that the TEA intends to cancel the certificate and shall provide the person issued the certificate at least ten calendar days to respond and show cause why the certificate should not be cancelled.

(b) The TEA staff shall notify the person and the person's employing school district, if any, that the person was issued a certificate in error, what actions the TEA staff have taken to cancel the erroneously issued certificate, and how the person can be issued a valid certificate.

(c) The TEA staff will issue the person a valid certificate when it receives satisfactory evidence that all certification requirements have been fulfilled. The person whose erroneously issued certificate has been cancelled may request a contested case hearing before the State Office of Administrative Hearings. The person whose certificate has been cancelled shall be deemed to have had their original application for the erroneously issued certificate administratively denied.

Comments

Source Note: The provisions of this §249.13 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112

§249.14: Complaint, Required Reporting, and Investigation; Investigative Notice; Filing of Petition

(a) The Texas Education Agency (TEA) staff may obtain and investigate information concerning alleged improper conduct by an educator, applicant, examinee, or other person subject to this chapter that would warrant the State Board for Educator Certification (SBEC) denying relief to or taking disciplinary action against the person or certificate.

(b) Complaints against an educator, applicant, or examinee must be filed in writing.

(c) The TEA staff may also obtain and act on other information providing grounds for investigation and possible action under this chapter.

(d) A person who serves as the superintendent of a school district or the director of an open-enrollment charter school, private school, regional education service center, or shared services arrangement shall promptly notify in writing the SBEC by filing a report with the TEA staff within seven calendar days of the date the person first obtains or has knowledge of information indicating any of the following circumstances:

(1) that an applicant for or a holder of a certificate has a reported criminal history;

(2) that a certificate holder was terminated from employment based on a determination that he or she committed any of the following acts:

(A) sexually or physically abused a student or minor or engaged in any other illegal conduct with a student or minor;

(B) possessed, transferred, sold, or distributed a controlled substance;

(C) illegally transferred, appropriated, or expended school property or funds;

(D) attempted by fraudulent or unauthorized means to obtain or to alter any certificate or permit that would entitle the individual to be employed in a position requiring such certificate or permit or to receive additional compensation associated with a position;

(E) committed a crime, any part of such crime having occurred on school property or at a school-sponsored event; or

(F) solicited or engaged in sexual conduct or a romantic relationship with a student or minor;

(3) that a certificate holder resigned and reasonable evidence supported a recommendation by the person to terminate a certificate holder because he or she committed one of the acts specified in paragraph (2) of this subsection.

(A) Before accepting an employee's resignation that, under this paragraph, requires a person to notify the SBEC by filing a report with the TEA staff, the person shall inform the certificate holder in writing that such a report will be filed and sanctions against his or her certificate may result as a consequence.

(B) A person required to comply with this paragraph shall notify the governing body of the employing school district before filing the report with the TEA staff; or

(4) any other circumstances requiring a report under the Texas Education Code (TEC), §21.006.

(e) A report filed under subsection (d) of this section shall, at a minimum, describe in detail the factual circumstances requiring the report and identify the subject of the report by providing the following available information: name and any aliases; certificate number, if any, or social security number; last known mailing address and home and daytime phone numbers; name or names and any available contact information of any alleged victim or victims; and name or names and any available contact information of any relevant witnesses to the circumstances requiring the report. A person who is required to file a report under subsection (d) of this section but fails to do so timely is subject to sanctions under this chapter.

(f) The TEA staff shall not pursue sanctions against an educator who is alleged to have abandoned his or her contract in violation of the TEC, §§21.105(c), 21.160(c), or 21.210(c), unless the board of trustees of the employing school district:

(1) renders a finding that good cause did not exist under the TEC, §§21.105(c)(2), 21.160(c)(2), or 21.210(c)(2). This finding constitutes prima facie evidence of the educator's lack of good cause, but is not a binding determination in a contested case hearing; and

(2) submits a written complaint to the TEA staff within 30 calendar days after the educator files a written resignation with the school district in the manner provided by the TEC, §§21.105, 21.160, or 21.210. This deadline applies even if the school district does not accept the educator's written resignation. If the educator does not submit a written resignation, the employing school district may determine the effective resignation date for purposes of this section, which shall not be later than 14 days after the educator fails to appear for work without district permission under the terms of the contract.

(g) To efficiently administer and implement the SBEC's purpose under this chapter and the TEC, the TEA staff may set priorities for the investigation of complaints based on the severity and immediacy of the allegations and the likelihood of harm posed by the subject of the investigation. All cases accepted for investigation shall be assigned one of the following priorities:

(1) Priority 1: conduct that indicates a risk to the health, safety, or welfare of a student or minor, parent of a student, fellow employee, or professional colleague, including but not limited to the following:

(A) any conduct constituting a felony criminal offense;

(B) indecent exposure;

(C) public lewdness;

(D) child abuse and/or neglect;

(E) possession of a weapon on school property;

(F) drug offenses occurring on school property;

(G) sale to or making alcohol or other drugs available to a student or minor;

(H) sale, distribution, or display of harmful material to a student or minor;

(I) certificate fraud;

(J) serious testing violations;

(K) deadly conduct; and

(L) conduct that involves soliciting or engaging in sexual conduct or a romantic relationship with a student or minor.

(2) Priority 2: other conduct including but not limited to the following:

(A) any conduct constituting a misdemeanor criminal offense or testing violation which is not described as Priority 1 under paragraph (1) of this subsection;

(B) contract abandonment; and

(C) code of ethics violations.

(3) An investigative notice will not be placed on an educator's certification records on the basis of an allegation of Priority 2 conduct. The TEA staff may change a case's priority at any time based on information received.

(4) For purposes of this subsection, a serious testing violation is a failure to observe the requirements of test administration established by the commissioner of education in a manner that involves dishonesty or intent to affect the test score of a student or action that is calculated to effect the accountability rating of a school district or campus.

(h) After accepting a case for investigation, if the alleged conduct indicates a risk to the health, safety, or welfare of a student or minor, as described in subsection (g)(1) of this section, the TEA staff shall immediately place an investigative notice on the certificate holder's certification records stating that the certificate holder is currently under investigation. The placement of such an investigative notice must follow the procedures set forth in subsection (i)(1) of this section. After accepting a case for investigation, if the alleged conduct indicates a risk to the health, safety, or welfare of a parent of a student, fellow employee, or professional colleague, as described in subsection (g)(1) of this section, the TEA staff may place an investigative notice on the certificate holder's certification records stating that the certificate holder is currently under investigation. The placement of an investigative notice must follow the procedures set forth in subsection (i)(2) of this section.

(i) The following procedures must be followed for placing an investigative notice on the educator's certification records.

(1) At the time of placing an investigative notice on an educator's certification records for alleged conduct that indicates a risk to the health, safety, or welfare of a student or minor, the TEA staff shall serve the certificate holder with a letter informing the educator of the investigation and the basis of the complaint.

(A) Within ten days of placing an investigative notice on the educator's certification records, the letter notifying the certificate holder of the investigation shall be mailed to the address provided to the TEA staff pursuant to the requirements set forth in §230.431 of this title (relating to Procedures in General).

(B) The letter notifying the certificate holder of the investigation shall include a statement of the alleged conduct, which forms the basis for the investigative notice, and shall provide the certificate holder the opportunity to show cause within ten days why the notice should be removed from the educator's certification records.

(2) Prior to placing an investigative notice on an educator's certification records for alleged conduct that indicates a risk to the health, safety, or welfare of a parent of a student, fellow employee, or professional colleague, as described in subsection (g)(1) of this section, the TEA staff shall serve the certificate holder with a letter informing the educator of the investigation and the basis of the complaint.

(A) At least ten days before placing an investigative notice on the educator's certification records, the letter notifying the certificate holder of the investigation shall be mailed to the address provided to the TEA staff pursuant to the requirements set forth in §230.431 of this title.

(B) The letter notifying the certificate holder of the investigation shall include a statement of the alleged conduct, which forms the basis for the investigative notice, and shall provide the certificate holder the opportunity to show cause within ten days why the notice should not be placed on the educator's certification records.

(3) The TEA staff shall determine whether or not to remove or place an investigative notice on the educator's certification records, taking into account the educator's response, if any, to the letter notifying the certificate holder of the investigation.

(j) An investigative notice is subject to the following time limits.

(1) An investigative notice may remain on the certification records of a certificate holder for a period not to exceed 240 calendar days.

(2) The TEA staff may toll this time limit if information is received indicating that there is a pending criminal matter related to the alleged act of misconduct that gives rise to the investigative notice. For purposes of this subsection, a criminal matter includes an arrest, an investigation, or a prosecution by a criminal law enforcement agency. Upon receiving notice that the criminal matter has been resolved the tolling period shall end. As part of its procedure, the TEA staff will attempt to make bimonthly (once every two months) contact with a law enforcement agency where a criminal investigation is pending to determine whether the criminal investigation has been closed or otherwise resolved.

(3) The TEA staff may toll this time limit if the matter is referred for a contested case hearing, or upon agreement of the parties.

(k) The TEA staff shall remove an investigative notice from the certification records in the following situations.

(1) When a case's final disposition occurs within the time limits established in subsection (j) of this section, an investigative notice shall be removed.

(2) If the time limits for an investigative notice have been exceeded; and

(A) the certificate holder has made a written demand to the TEA staff that the investigative notice be removed because the time limits have been exceeded; and

(B) the TEA staff has failed to refer the matter to the State Office of Administrative Hearings for a contested case hearing within 30 calendar days from the date of receipt of the written demand to remove the investigative notice.

(l) Only the TEA staff may file a petition seeking sanctions under §249.15 of this title (relating to Disciplinary Action by Board). Prior to filing a petition, the TEA staff shall mail to the certificate holder affected by written notice of the facts or conduct alleged to warrant the intended action and shall provide the certificate holder an opportunity to show compliance with all requirements of law.

(m) The following words and terms, when used in this section, shall have the following meanings.

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

(2) For purposes of this section, solicitation of a romantic relationship means deliberate or repeated acts that can be reasonably interpreted as soliciting a relationship characterized by an ardent emotional attachment or pattern of exclusivity. Acts that constitute the solicitation of a romantic relationship include, but are not limited to:

(A) behavior, gestures, expressions, communications, or a pattern of communication with a student that are unrelated to the educator's job duties and which may reasonably be interpreted as encouraging the student to form an ardent or exclusive emotional attachment to the educator, including statements of love, affection or attraction. When evaluating whether communications constitute the solicitation of a romantic relationship, the TEA staff may consider the following:

(i) the nature of the communications;

(ii) the timing of the communications;

(iii) the extent of the communications;

(iv) whether the communications were made openly or secretly;

(v) the extent that the educator attempts to conceal the communications;

(vi) if the educator claims to be counseling a student, the SBEC may consider whether the educator's job duties included counseling, whether the educator reported the subject of the counseling to the student's guardians or to the appropriate school personnel, or, in the case of alleged abuse or neglect, whether the educator reported the abuse or neglect to the appropriate law enforcement agencies; and

(vii) any other communications tending to show that the educator solicited a romantic relationship with the student;

(B) making inappropriate comments about a student's body;

(C) making sexually demeaning comments to a student;

(D) making comments about a student's potential sexual performance;

(E) requesting details of a student's sexual history;

(F) requesting a date;

(G) engaging in conversations regarding the sexual problems, preferences, or fantasies of either party;

(H) inappropriate hugging, kissing, or excessive touching;

(I) suggestions that a romantic relationship is desired after the student graduates, including post-graduation plans for dating or marriage; and

(J) any other acts tending to show that the educator solicited a romantic relationship with the student, including, but not limited to, providing the student with drugs or alcohol.

§249.15: Disciplinary Action by State Board for Educator Certification

(a) Pursuant to this chapter, the State Board for Educator Certification (SBEC) may take any of the following actions:

(1) place restrictions on the issuance, renewal, or holding of a certificate, either indefinitely or for a set term;

(2) issue an inscribed or non-inscribed reprimand;

(3) suspend a certificate for a set term or issue a probated suspension for a set term;

(4) revoke or cancel, which includes accepting the surrender of, a certificate without opportunity for reapplication for a set term or permanently; or

(5) impose any additional conditions or restrictions upon a certificate that the SBEC deems necessary to facilitate the rehabilitation and professional development of the educator or to protect students, parents of students, school personnel, or school officials.

(b) The SBEC may take any of the actions listed in subsection (a) of this section based on satisfactory evidence that:

(1) the person has conducted school or education activities in violation of law;

(2) the person is unworthy to instruct or to supervise the youth of this state;

(3) the person has violated a provision of the educators' code of ethics;

(4) the person has failed to report or has hindered the reporting of child abuse or the known criminal history of an educator as required by law and §249.14 of this title (relating to Complaint, Required Reporting, and Investigation; Investigative Notice; Filing of Petition);

(5) the person has abandoned a contract in violation of the Texas Education Code, §§21.105(c), 21.160(c), or 21.210(c);

(6) the person has failed to cooperate with the Texas Education Agency (TEA) in an investigation; or

(7) the person has committed an act described in §249.14(g) of this title (relating to Complaint, Required Reporting, and Investigation; Investigative Notice; Filing of Petition), §249.12(b) of this title (relating to Administrative Denial; Appeal), or §249.16(b) of this title (relating to Eligibility of Persons with Criminal Convictions for a Certificate under Texas Occupations Code, Chapter 53).

(c) The TEA staff may commence a contested case to take any of the actions listed in subsection (a) of this section by serving a petition to the certificate holder in accordance with this chapter describing the SBEC's intent to issue a sanction and specifying the legal and factual reasons for the sanction. The certificate holder shall have 30 calendar days to file an answer as provided in §249.27 of this title (relating to Answer).

(d) Upon the failure of the certificate holder to file a written answer as required by this chapter, the TEA staff may file a request for the issuance of a default judgment from the SBEC imposing the proposed sanction in accordance with §249.35 of this title (relating to Disposition Prior to Hearing; Default).

(e) If the certificate holder files a timely answer as provided in this section, the case will be referred to the State Office of Administrative Hearings (SOAH) for hearing in accordance with the SOAH rules; the Texas Government Code, Chapter 2001; and this chapter.

(f) The provisions of this section are not exclusive and do not preclude consideration of other grounds or measures available by law to the SBEC or the TEA staff, including student loan default or child support arrears. The SBEC may request the Office of the Attorney General to pursue available civil, equitable, or other legal remedies to enforce an order or decision of the SBEC under this chapter.

Comments

Source Note: The provisions of this §249.15 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective June 21, 2009, 34 TexReg 3944

§249.16: Eligibility of Persons with Criminal Convictions for a Certificate under Texas Occupations Code, Chapter 53

(a) Pursuant to the Texas Occupations Code, Chapter 53, and the Texas Education Code (TEC), Chapter 22, Subchapter C, the State Board for Educator Certification may suspend or revoke an existing valid certificate, deny an applicant a certificate, or bar a person from being assessed or examined for a certificate because of a person's conviction of a felony or misdemeanor if the crime directly relates to the duties and responsibilities of the education profession.

(b) Subsection (a) of this section applies to a crime that indicates a threat to the health, safety, or welfare of a student or minor, parent of a student, fellow employee, or professional colleague; interferes with the orderly, efficient, or safe operation of a school district, campus, or activity; or indicates impaired ability or misrepresentation of qualifications to perform the functions of an educator. Crimes considered to relate directly to the duties and responsibilities of the education profession include, but are not limited to:

(1) crimes involving moral turpitude;

(2) crimes involving any form of sexual or physical abuse or neglect of a student or minor or other illegal conduct with a student or minor;

(3) crimes involving any felony possession or conspiracy to possess, or any misdemeanor or felony transfer, sale, distribution, or conspiracy to transfer, sell, or distribute any controlled substance defined in the Texas Health and Safety Code, Chapter 481;

(4) crimes involving school property or funds;

(5) crimes involving any attempt by fraudulent or unauthorized means to obtain or alter any certificate or permit that would entitle any person to hold or obtain a position as an educator;

(6) crimes occurring wholly or in part on school property or at a school-sponsored activity; or

(7) felonies involving driving while intoxicated (DWI).

(c) Pursuant to the Texas Occupations Code, Chapter 53, the Texas Education Agency (TEA) staff shall notify the applicant or certificate holder in writing of the TEA staff's intent to seek disciplinary action, including denial or revocation, and the reasons for the proposed action. The applicant or certificate holder shall have the opportunity to be heard according to the procedures set forth in this chapter.

(d) The grounds for revoking or suspending a certificate provided by this section and the Texas Occupations Code, Chapter 53, are cumulative of the other grounds and remedies provided by the TEC, §21.060, and this chapter.

Comments

Source Note: The provisions of this §249.16 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective June 21, 2009, 34 TexReg 3944

§249.17: Decision-Making Guidelines

(a) Purpose. The purpose of these guidelines is to achieve the following objectives:

(1) to provide a framework of analysis for the Texas Education Agency (TEA) staff, the presiding administrative law judge (ALJ), and the State Board for Educator Certification (SBEC) in considering matters under this chapter;

(2) to promote consistency in the exercise of sound discretion by the TEA staff, the presiding ALJ, and the SBEC in seeking, proposing, and making decisions under this chapter; and

(3) to provide guidance for the informal resolution of potentially contested matters.

(b) Construction and application. This section shall be construed and applied so as to preserve SBEC members' discretion in making final decisions under this chapter. This section shall be further construed and applied so as to be consistent with the Texas Education Code (TEC), the rest of this chapter, and other applicable law, including SBEC decisions and orders.

(c) Consideration. The following factors may be considered in seeking, proposing, or making a decision under this chapter:

(1) the seriousness of the violation;

(2) whether the misconduct was premeditated or intentional;

(3) attempted concealment of misconduct;

(4) prior misconduct;

(5) whether the sanction will deter future violations; and

(6) any other relevant circumstances or facts.

(d) Permanent revocation or denial. Notwithstanding subsection (c) of this section, the SBEC shall permanently revoke the teaching certificate of any educator or permanently deny the application of any applicant if, after a contested case hearing, it is determined that the educator or applicant:

(1) engaged in or solicited any sexual contact or romantic relationship with a student or minor as defined in §249.14(m) of this title (relating to Complaint, Required Reporting, and Investigation; Investigative Notice; Filing of Petition);

(2) possessed or distributed child pornography;

(3) was registered as a sex offender;

(4) committed criminal homicide;

(5) possessed without a prescription, transferred, sold, distributed, or conspired to possess without a prescription, transfer, sell, or distribute any controlled substance defined in the Texas Health and Safety Code, Chapter 481, on school property; or

(6) committed any offense described in the TEC, §21.058.

Comments

Source Note: The provisions of this §249.17 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112

Subchapter C

§249.18: Jurisdiction

(a) A contested case commences under this chapter when a request for hearing is timely filed with the Texas Education Agency (TEA) staff.

(b) The TEA staff shall refer the case to the State Office of Administrative Hearings (SOAH) if the TEA staff determines:

(1) in an administrative denial case, the applicant has timely filed a petition pursuant to §249.12(d) of this title (relating to Administrative Denial; Appeal); or

(2) the certificate holder has timely filed an answer pursuant to §249.15(d) of this title (relating to Disciplinary Action by State Board for Educator Certification).

(c) Nothing in this section precludes the TEA staff from referring the case to the SOAH prior to the receipt of a petition or answer.

(d) Jurisdiction of the SOAH is determined by the administrative law judge under 1 Texas Administrative Code, Part 7, Chapter 155 (relating to Rules of Procedures) and this chapter after the TEA staff has referred the case to the SOAH.

Comments

Source Note: The provisions of this §249.18 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112

§249.19: Powers and Duties of Administrative Law Judge

The powers and duties of an administrative law judge are determined by 1 Texas Administrative Code, Part 7, Chapter 155 (relating to Rules of Procedures).

Comments

Source Note: The provisions of this §249.19 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112

§249.20: Recusal and Disqualification of Administrative Law Judge

The recusal or disqualification of an administrative law judge shall be governed by 1 Texas Administrative Code, Part 7, Chapter 155 (relating to Rules of Procedures).

Comments

Source Note: The provisions of this §249.20 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112

§249.21: Substitution of Administrative Law Judge

Substitution of an administrative law judge shall be governed by 1 Texas Administrative Code, Part 7, Chapter 155 (relating to Rules of Procedures).

Comments

Source Note: The provisions of this §249.21 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112

§249.22: Classification of Parties; Current Addresses

(a) Regardless of errors as to designation of a party, parties shall be accorded their true status in the proceeding.

(b) The petitioner in a contested case proceeding under this chapter and 1 Texas Administrative Code, Part 7, Chapter 155 (relating to Rules of Procedures) is the party in a contested case seeking relief from the decision maker and requesting an adjudicative hearing with the State Office of Administrative Hearings. The petitioner shall have the burden of proof to show by a preponderance of the evidence entitlement to such relief.

(c) Parties shall keep the Texas Education Agency (TEA) staff apprised of their current addresses and shall notify the TEA staff of a change of address within five calendar days of the effective date of such change.

Comments

Source Note: The provisions of this §249.22 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112

§249.23: Representation of Parties

(a) Representatives of parties shall notify the State Office of Administrative Hearings (SOAH) and other parties of the representation.

(b) At an informal conference offered pursuant to the Texas Government Code, Chapter 2001, a person may be represented by a person who is not an attorney.

(c) Parties in contested cases before the SOAH may represent themselves or be represented by an attorney licensed to practice law in the State of Texas.

Comments

Source Note: The provisions of this §249.23 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112

§249.24: Filing or Serving Documents on the Texas Education Agency Staff or the Administrative Law Judge

(a) The following original papers shall be filed with the Texas Education Agency (TEA) staff:

(1) appeal of an administrative denial;

(2) appeal of the imposition of an administrative sanction and request for a contested case hearing under this chapter;

(3) exceptions and replies to the proposal for decision of the administrative law judge (ALJ); and

(4) motions for rehearing.

(b) It is a rebuttable presumption that the date of filing is the file stamp date affixed by the TEA staff.

(c) All papers may be filed with the TEA staff by any method allowed by the State Office of Administrative Hearings (SOAH) rules or any electronic transmission agreed to by the parties.

(d) The filing of papers with the SOAH or service of documents on the ALJ in contested cases shall be governed by 1 Texas Administrative Code, Part 7, Chapter 155 (relating to Rules of Procedures), unless modified by order of the ALJ as allowed by law.

Comments

Source Note: The provisions of this §249.24 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112

§249.25: Pleadings

(a) Pleadings include petitions, answers, replies, exceptions, and motions. Regardless of any error in its designation, a pleading shall be accorded its true status in the proceeding in which it is filed.

(1) Amended and supplemental pleadings may be filed at such time so as not to operate as a surprise on the opposing party.

(2) The administrative law judge may allow a pleading to be amended during the contested case evidentiary hearing on the merits and shall do so freely when the trial amendment will facilitate determining the merits of the case but will not unduly prejudice the objecting party.

(b) In addition to this chapter, 1 Texas Administrative Code, Part 7, Chapter 155 (relating to Rules of Procedures) shall also govern the following matters related to pleadings:

(1) content generally of pleadings;

(2) purpose and effect of motions;

(3) general requirements for motions;

(4) responses to motions generally;

(5) motions to intervene;

(6) motions for continuance;

(7) responses to written motions for continuance; and

(8) amendment of pleadings.

Comments

Source Note: The provisions of this §249.25 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112

§249.26: Petition

(a) The party seeking relief and requesting a contested case hearing under this chapter shall file a petition with the Texas Education Agency staff. The petitioner shall have the burden of proof by a preponderance of the evidence in all contested case proceedings brought under this chapter.

(b) The petition shall contain the following items:

(1) a statement of the legal authority and jurisdiction under which the disciplinary action is being sought and the hearing is to be held;

(2) a reference to the particular sections of the statutes and rules involved;

(3) a statement of the matters asserted;

(4) a statement regarding the failure of the parties to reach an agreed settlement of the matters asserted in the petition;

(5) the name, current mailing address, daytime telephone number, if any, and facsimile number, if any, of the petitioner and the petitioner's authorized representative; and

(6) if the petition imposes sanctions against a certificate holder, a notification set forth as follows in capital letters and in at least 12-point boldface type: IF YOU DO NOT FILE A WRITTEN ANSWER TO THIS PETITION WITH THE TEXAS EDUCATION AGENCY STAFF WITHIN 30 CALENDAR DAYS OF BEING SERVED WITH THIS PETITION, THE STATE BOARD FOR EDUCATOR CERTIFICATION MAY GRANT THE RELIEF REQUESTED IN THIS PETITION, INCLUDING REVOCATION OF YOUR CERTIFICATE BY DEFAULT. THE MATTERS ASSERTED IN THE PETITION WILL BE DEEMED ADMITTED UNLESS YOUR WRITTEN ANSWER SPECIFICALLY DENIES EACH ASSERTION PLED AND IS FILED WITHIN THE PRESCRIBED TIME PERIOD. IF YOU FILE A WRITTEN ANSWER BUT THEN FAIL TO ATTEND A SCHEDULED HEARING, THE STATE BOARD FOR EDUCATOR CERTIFICATION MAY GRANT THE RELIEF REQUESTED IN THIS PETITION, INCLUDING REVOCATION OF YOUR CERTIFICATE.

(c) The petition shall be served on the respondent by United States certified mail, return receipt requested, and by regular first-class United States mail. A certificate evidencing service shall be included in the petition. For purposes of this section and §249.27 of this title (relating to Answer), it is a rebuttable presumption that a petition was served on the respondent no later than five calendar days after mailing.

Comments

Source Note: The provisions of this §249.26 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112

§249.27: Answer

(a) The party responding to a petition filed under this chapter shall file a written answer with the petitioner within 30 calendar days after being served with such petition. For purposes of this section and §249.26 of this title (relating to Petition), it is a rebuttable presumption that a petition was served on the respondent no later than five calendar days after mailing. The respondent shall serve the answer on the petitioner by United States certified mail, return receipt requested, and by regular first-class United States mail.

(b) The answer shall specifically admit or deny each allegation in the petition and shall plead all affirmative defenses.

(c) The answer shall contain the name, current mailing address, daytime telephone number, if any, and facsimile number, if any, of the respondent and the respondent's authorized representative.

(d) All well-pled factual allegations in the petition will be deemed admitted unless the respondent's answer, containing specific denials to each allegation, is filed within the time period prescribed in subsection (a) of this section. A general denial shall not be sufficient to controvert factual allegations contained in the petition.

(e) An answer that does not comply with the requirements of this section and 1 Texas Administrative Code, Part 7, §155.29 (relating to Pleadings) may provide grounds for judgment in favor of the petitioner, if supported by a proposal for decision issued by an administrative law judge.

Comments

Source Note: The provisions of this §249.27 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112

§249.28: Stipulations

Stipulations shall be governed by 1 Texas Administrative Code, Part 7, Chapter 155 (relating to Rules of Procedures).

Comments

Source Note: The provisions of this §249.28 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112

§249.29: Discovery

The Texas Government Code, Chapter 2001; 1 Texas Administrative Code, Part 7, Chapter 155 (relating to Rules of Procedures); this chapter; and the Texas Rules of Civil Procedure, as applicable, shall govern discovery.

Comments

Source Note: The provisions of this §249.29 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112

Subchapter D

§249.30: Notice of Hearing

(a) The notice of hearing is governed by the Texas Government Code, Chapter 2001; 1 Texas Administrative Code, Part 7, Chapter 155 (relating to Rules of Procedures); and this chapter.

(b) The Texas Education Agency (TEA) staff may serve the notice of hearing by sending it certified, return receipt requested, and regular first-class United States mail to the party's last known address.

(c) For purposes of this subsection, the last known address is the address supplied by the educator pursuant to §230.431(c) of this title (relating to Procedures in General) and any other address that is known to the TEA staff at the time that the notice is sent.

Comments

Source Note: The provisions of this §249.30 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112

§249.31: Venue

Hearings shall be conducted in Austin, Texas, at a site designated by the State Office of Administrative Hearings in accordance with applicable law and 1 Texas Administrative Code, Part 7, Chapter 155 (relating to Rules of Procedures).

Comments

Source Note: The provisions of this §249.31 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112

§249.32: Conduct and Record of Hearings

The rules of the State Office of Administrative Hearings under 1 Texas Administrative Code, Part 7, Chapter 155 (relating to Rules of Procedures) shall govern the procedure at the hearing and the making of a record of a contested case.

Comments

Source Note: The provisions of this §249.32 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112

§249.33: Use of Deposition Transcripts in Contested Case Hearings

The use of deposition transcripts in contested case hearings shall be governed by Rule 203 of the Texas Rules of Civil Procedure. The terms "court proceedings" and "trial" used in Rule 203 are deemed to refer to "contested case hearing(s)" for purposes of applying this section and Rule 203 to contested case hearings before the State Office of Administrative Hearings.

Comments

Source Note: The provisions of this §249.33 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112

§249.34: Consolidated Proceedings

A party may move to consolidate two or more proceedings under this chapter if:

(1) they involve common questions of law and fact; and

(2) separate proceedings would result in unwarranted expense, delay, or substantial injustice.

Comments

Source Note: The provisions of this §249.34 adopted to be effective March 31, 1999, 24 TexReg 2304

§249.35: Disposition Prior to Hearing; Default

(a) This chapter and 1 Texas Administrative Code (TAC), Part 7, Chapter 155 (relating to Rules of Procedures) shall govern disposition prior to hearing, default, and attendant relief.

(b) The Texas Education Agency (TEA) staff may issue and sign orders on behalf of the State Board for Educator Certification (SBEC) resolving a case by waiver, stipulation, compromise, agreed settlement, consent order, agreed statement of facts, or any other informal or alternative resolution agreed to by the parties and not precluded by law.

(c) The SBEC or the State Office of Administrative Hearings (SOAH) may dispose of a case prior to a contested case hearing on the merits on the following grounds: unnecessary duplication of proceedings; res judicata; withdrawal; mootness; lack of jurisdiction; failure of a party requesting relief to timely file or file in proper form a pleading that would support an order or decision in that party's favor; failure to comply with an applicable order, deadline, rule, or other requirement issued by the SBEC, the TEA staff, or the presiding administrative law judge (ALJ); failure to state a claim for which relief can be granted; or failure to prosecute.

(d) In any contested case hearing conducted pursuant to this chapter, the findings made by a hearing examiner in a proceeding arising under the Texas Education Code, Chapter 21, Subchapter G, shall not be conclusive but, the record of such proceeding, including all testimony and evidence admitted in the hearing, as well as the findings of the hearing examiner, shall be deemed admissible in a proceeding brought pursuant to this chapter, and shall be considered by the ALJ and the SBEC in issuing a proposed or final decision.

(e) For purposes of this chapter, the following shall constitute a default in a contested case:

(1) the failure of the respondent to timely file a written answer in proper form as required by this chapter;

(2) the failure of the petitioner in an administrative denial case to timely file a petition in proper form as required by this chapter; or

(3) the failure of the certificate holder or applicant to appear in person or by authorized representative on the day and at the time set for hearing in a contested case, regardless of whether a written answer or petition has been filed. In such event, the SOAH shall abate the case so that the SBEC may enter a final order in accordance with this chapter.

(f) Upon the occurrence of an event of default as defined in this section, the SBEC may enter a default judgment, as authorized by the Texas Government Code, §2001.056, and 1 TAC, Part 7, §155.55, whether or not the case has been referred to the SOAH, upon 30 days calendar notice. It is a rebuttable presumption that the notice was served on the certificate holder or applicant no later than five days after mailing. The notice shall specify the factual and legal basis for imposing the proposed sanction. Prior to issuance of a default decision or order, the certificate holder may contest the issuance of a default judgment by written notice filed with the TEA staff or by written request to appear before the SBEC at an SBEC meeting to show good cause for failure to file an answer or appear at the contested case proceeding.

Comments

Source Note: The provisions of this §249.35 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112

Subchapter E

§249.36: Proposal for Decision

(a) As appropriate, the presiding administrative law judge (ALJ) shall prepare a proposal for decision containing the following items:

(1) separately stated findings of fact and conclusions of law; and

(2) a proposed order, if requested in the Texas Education Agency (TEA) staff's notice of hearing.

(b) In an appeal of the imposition of an administrative sanction, the TEA staff may prepare a proposal for decision containing separately stated findings of fact, conclusions of law, and a proposed order if the respondent has failed to file a timely answer to the TEA staff's petition as required by §249.27 of this title (relating to Answer).

(c) The ALJ may amend the proposal for decision pursuant to exceptions, replies to exceptions, and briefs.

(d) The ALJ shall submit the proposal for decision to the SBEC, with a copy to each party.

(e) Except as otherwise provided or prohibited by these rules and other applicable law, the SBEC's general counsel may issue procedural directives relating to matters that arise after the submission of the proposal for decision to the SBEC and that are not delegated to the State Office of Administrative Hearings for action or decision.

Comments

Source Note: The provisions of this §249.36 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112

§249.37: Exceptions and Replies

(a) A party who is aggrieved by the proposal for decision of the administrative law judge (ALJ) or the Texas Education Agency (TEA) staff shall file any exceptions to the proposal for decision within 30 calendar days of the date of the proposal for decision. Any replies to the exceptions shall be filed by other parties within 50 calendar days of the proposal for decision. Exceptions and replies shall be:

(1) filed with the State Board for Educator Certification (SBEC) by mailing, hand-delivering, or faxing them to the SBEC's general counsel;

(2) served upon the other party by mail, hand-delivery, or fax; and

(3) served on the ALJ in accordance with 1 Texas Administrative Code, Part 7, Chapter 155 (relating to Rules of Procedures).

(b) Any disagreement with a factual finding or conclusion of law in the proposal for decision not contained in an exception to the proposal shall be waived.

(c) Each exception or reply to a finding of fact or conclusion of law shall be concisely stated and shall summarize the evidence in support of each exception.

(1) Any evidence or arguments relied upon shall be grouped under the exceptions to which they relate.

(2) In summarizing evidence, the parties shall include a specific citation to the hearing record where such evidence appears or shall attach the relevant excerpts from the hearing record.

(3) Arguments shall be logical and coherent and citations to authorities shall be complete.

(d) Exceptions to the proposal for decision may be based on the following:

(1) the ALJ has made an incorrect conclusion of law;

(2) the ALJ has failed to make an essential fact finding;

(3) the ALJ applied the incorrect burden or standard of proof;

(4) the findings of fact do not support the conclusions of law; or

(5) the ALJ has made a finding of fact that is not supported by the preponderance of the evidence.

Comments

Source Note: The provisions of this §249.37 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112

§249.38: Review and Presentation of Proposal to Board

The State Board for Educator Certification (SBEC) shall review the proposal for decision and any amended proposals for decision, the exceptions and any replies to exceptions, the relevant excerpts from the record of the hearing conducted by the State Office of Administrative Hearings, and oral arguments by the parties (if any) before making a final decision or issuing an order in a case. The SBEC may require the presiding administrative law judge to make a presentation on the proposal for decision at a public meeting of the SBEC.

Comments

Source Note: The provisions of this §249.38 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112

§249.39: Final Decisions and Orders

(a) The chair having certified a quorum present at a regularly scheduled State Board for Educator Certification (SBEC) meeting, a majority vote of the voting members present shall be required to make a final decision on a proposal for decision or request for issuance of a default judgment, unless provided otherwise by this chapter.

(b) A copy of the SBEC's decision or order shall be delivered by hand or certified mail to the parties or to their authorized representatives, as appropriate, and to the State Office of Administrative Hearings.

(c) All final decisions and orders of the SBEC under this chapter shall be in writing and signed by the members of the SBEC voting in favor of the decision or order or by the chair on behalf of the majority as allowed by this chapter. A final decision or order shall include findings of fact and conclusions of law separately stated. The findings of fact or conclusions of law may be adopted by reference to another document.

(d) The SBEC may adopt an order modifying findings of fact or conclusions of law in a proposal for decision submitted by the administrative law judge (ALJ) in accordance with the Texas Government Code, Chapter 2001. If the SBEC adopts an order that differs from an ALJ's proposal for decision, the SBEC's final decision or order shall show how the proposal was changed and state the specific reason and legal basis for a change. If the SBEC changes a proposal for decision because no evidence in the record supports the ALJ's finding of fact or conclusion of law, then the SBEC may cite the record as a whole for such a change. The SBEC may remand the matter back to the ALJ with specific instructions for the ALJ to determine an essential finding of fact or to apply the correct burden or standard of proof.

Comments

Source Note: The provisions of this §249.39 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112

§249.40: Motion for Rehearing; Administrative Finality; Appeal

(a) A motion for rehearing of the State Board for Educator Certification's (SBEC's) decision in a contested case and the determination of administrative finality shall be governed by the Texas Government Code, Chapter 2001; applicable case law; and this section.

(b) A motion for rehearing unsupported by satisfactory evidence shall be overruled. This subsection does not limit the overruling of a motion for rehearing on other grounds or by operation of law.

(c) Appeals from a final order of the SBEC shall be under the substantial evidence standard of review and governed by the Texas Government Code, Chapter 2001; applicable case law; and this section.

(d) The costs of transcribing the testimony and preparing the record for an appeal by judicial review shall be paid by the party who appeals.

Comments

Source Note: The provisions of this §249.40 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112

§249.41: Procedure for Reprimand; Restriction

(a) Notice. When the State Board for Educator Certification (SBEC) reprimands an educator or restricts an educator's certificate, the Texas Education Agency (TEA) staff shall mail to the educator a copy of the SBEC's order.

(b) Inscribed reprimand.

(1) The TEA staff shall inscribe the reprimand upon the virtual certificate of the educator.

(2) A record of the SBEC's action publicly reprimanding the educator shall become part of the educator's official certification records maintained by the TEA staff.

(3) The TEA staff shall also notify the employing school district of the SBEC's order reprimanding the educator.

(c) Non-inscribed reprimand.

(1) The educator may retain all copies of all certificates or permits issued by the State of Texas as well as all copies of them without being required to substitute a certificate showing the reprimand.

(2) The SBEC's action reprimanding the certificate holder shall only become part of the person's confidential investigative/litigation case file maintained by the TEA staff and shall not be available for public inspection except as required by law.

(3) The TEA staff, the presiding administrative law judge, and the SBEC may consider a non-inscribed reprimand in seeking, recommending, or ordering sanctions based on subsequently obtained evidence of improper or criminal conduct by the educator.

(d) Restriction.

(1) A record of the SBEC's action restricting the educator's certificate shall be placed on the educator's virtual certificate and shall become part of the person's official records maintained by the TEA staff.

(2) The TEA staff shall notify the employing school district of the SBEC's order restricting the educator's certificate.

Comments

Source Note: The provisions of this §249.41 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112

§249.42: Procedure for the Suspension, Surrender, or Revocation of a Certificate

(a) When the State Board for Educator Certification (SBEC) issues an order of suspension, surrender, or revocation, the Texas Education Agency (TEA) staff shall mail a copy of the order to the person who formerly held the certificate.

(b) When an order of suspension, surrender, or revocation becomes administratively final, the TEA staff shall mail to the former certificate holder notification of finality.

(c) A record of the SBEC action suspending, canceling, or revoking the certificate shall be recorded on the educator's virtual certificate and shall become part of the person's official records maintained by the TEA staff.

(d) The TEA staff shall also notify the employing school district of the SBEC's order when it becomes administratively final.

(e) The TEA staff shall notify all Texas school district superintendents and certification officers in each state or territory of the United States of the suspension, surrender, or revocation by mailing a notice to any school district known to be employing the educator and by recording the action on the educator's virtual certificate.

Comments

Source Note: The provisions of this §249.42 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112

§249.43: Procedure for Reinstating a Suspended Certificate

(a) At the end of the suspension period designated by the State Board for Educator Certification (SBEC), the person whose certificate was suspended may request that the Texas Education Agency (TEA) staff reinstate the certificate by applying for a duplicate certificate up to 30 days prior to the end of the suspension period and paying the appropriate fee. The TEA staff shall run a criminal background check on the applicant for the duplicate certificate and may deny the reinstatement based on a subsequent criminal history or other misconduct occurring or discovered after the effective date of the order suspending the certificate.

(b) A record of reinstatement of the certificate shall become part of the educator's official certification records.

(c) The TEA staff shall notify all Texas school district superintendents and certification officers in each state or territory of the United States of the reinstatement of the certificate by updating the educator's virtual certificate to show that the period of the suspension has expired. The record of the prior suspension shall become part of the person's official records maintained by the TEA staff and shall be recorded as a prior disciplinary action on the educator's virtual certificate.

Comments

Source Note: The provisions of this §249.43 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112

§249.44: Reapplication Following Denial, Surrender, or Revocation

(a) Except as provided by this section, the Texas Education Agency (TEA) staff shall process and review in its usual and customary manner the certificate application of a person whose previous application was denied or whose certificate was revoked or surrendered by the State Board for Educator Certification (SBEC) under this chapter. Such an applicant shall be subject to the same requirements and qualifications as any other current applicant, as specified in Chapter 230 of this title (relating to Professional Educator Preparation and Certification), including recommendation from an approved educator preparation program, if applicable, and all other prerequisites for certification at the time the application is received.

(b) A person whose certificate has been denied, surrendered, or revoked under this chapter shall not reapply for a certificate before the fifth anniversary after the date of the SBEC's order denying, accepting a surrender, or revoking a certificate became administratively final. The TEA staff shall reject without processing or further proceedings any application received in violation of this subsection.

(c) In addition to other sanctions available under this chapter, the SBEC may order that a person whose certificate has been denied, surrendered, or revoked under this chapter shall not reapply for a certificate before a time period longer than five years after the order of denial, surrender, or revocation became administratively final. The SBEC may order that a certificate be permanently revoked or surrendered or that an application be permanently denied. The TEA staff shall reject without processing or further proceedings any application received in violation of such an order. A rejection pursuant to this section is not considered an administrative denial and is not subject to a contested case hearing.

(d) In reviewing a certificate application, the TEA staff, the presiding administrative law judge, and the SBEC shall consider prior SBEC orders denying, accepting a surrender, or revoking a certificate previously applied for or held by the applicant. The applicant may not contest the underlying basis for the prior order.

(e) A person whose petition for relief under this section has been denied by the SBEC, in whole or in part, shall not file a subsequent application or petition earlier than the fifth anniversary of the effective date of such denial.

(f) The TEA staff shall publish notice of any certificate issued to a person whose previous application was denied or whose certificate was canceled or revoked by the SBEC under this chapter by updating the educator's virtual certificate.

Comments

Source Note: The provisions of this §249.44 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112

Chapter 250

Subchapter A

§250.1: Historically Underutilized Business (HUB) Program

The State Board for Educator Certification hereby adopts the rules of the Texas Building and Procurement Commission relating to the Historically Underutilized Business (HUB) Program and codified at 1 Texas Administrative Code Chapter 111, Executive Administration Division, Subchapter B, Historically Underutilized Business Program, §§111.11-111.28.

Comments

Source Note: The provisions of this §250.1 adopted to be effective March 14, 1999, 24 TexReg 1617; amended to be effective March 30, 2005, 30 TexReg 1771

§250.2: Ethical Standards

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

(1) Board--the State Board for Educator Certification and its employees and agents;

(2) Employee--an individual, other than an independent contractor, employed by the State Board for Educator Certification.

(3) Executive director--the board's executive director;

(4) Participate--to have taken action through decision, approval, disapproval, recommendation, giving of advice or opinion, investigation, evaluation, preparing bid specifications or request for proposals, or similar action.

(5) Particular matter--a specific application; investigation; hearing; rulemaking proceeding; request for information, offer, or proposal; bid review; contract; claim; charge; or other proceeding related to purchasing.

(6) Purchase--a procurement delegated to the State Board for Educator Certification under Government Code, Chapter 2155, Chapter 2156, Chapter 2157, or Chapter 2158 or the rules adopted by the Texas Building and Procurement Commission under those statutes;

(7) Relative of the employee--

(A) the employee's parent or child;

(B) the employee's brother, sister, grandparent, or grandchild;

(C) the employee's great-grandparent, great-grandchild, aunt who is a sister of a parent of the employee, uncle who is a brother of a parent of the employee, nephew who is a child of a brother or sister of the employee, or niece who is a child of a brother or sister of the employee;

(D) the employee's spouse; or

(E) the spouse of any of the relatives listed in subparagraph (A) or (B) of this paragraph.

(8) Procurement coordinator--the board employee primarily responsible for administering the purchase of goods and services for the agency.

(9) Vendor--an actual or prospective supplier of goods or services to the state.

(b) Purpose and scope. This section states the ethical standards of conduct required of current and former employees of the board and vendors. The section applies to purchases made by the board or on behalf of the board. The executive director will notify employees of these ethical standards and, to the greatest feasible extent, disseminate them to vendors.

(c) Former employees. A former employee of the board who ceases service or employment with the board may not represent any person or receive compensation for services rendered on behalf of any person regarding a particular matter in which the former employee participated during the period of employment, either through personal involvement or because the purchase was a matter within the employee's official responsibility.

(d) Current employees. An employee shall not:

(1) participate in a purchase knowing that the employee has an actual or potential financial interest in the purchase, including prospective employment;

(2) participate in a purchase knowing that a relative of the employee described by subsection (a) of this section has an actual or potential financial interest in the purchase, including prospective employment;

(3) solicit or accept anything of value from a vendor;

(4) be employed by, or agree to work for, a vendor; or

(5) knowingly and without authorization disclose confidential information for personal gain or to benefit another.

(e) Vendors. A vendor shall not:

(1) offer, give, or agree to give an employee anything of value;

(2) participate in a proposed bid or award a contract if the vendor participated in preparing the specifications or request for proposals on which the bid or contract is based.

(f) Notice of violation. An employee or vendor who has information about a suspected violation under this section shall promptly notify the board's procurement coordinator. If the procurement coordinator is the person alleged to have violated this section, then the employee or vendor shall notify the executive director. A vendor may protest a purchase made in violation of this section pursuant to the board's protest procedures.

(g) Determination of violation and corrective action. As appropriate in accordance with subsection (f) of this section, the procurement coordinator or the executive director shall investigate an alleged violation of this section and determine whether a violation has occurred. The procurement coordinator or the executive director, as appropriate, may designate one or more employees to help investigate an alleged violation under this section and to report in writing the results of the investigation. To participate in an investigation under this subsection, an employee must not have been implicated by the allegation or identified as a witness with knowledge of the alleged violation.

(h) Corrective action. A current employee who violates a provision of this section is subject to corrective action, including the following: reprimand; exclusion from participating in purchases; suspension; or termination. A former employee or vendor who violates a provision of this section is subject to corrective action, including the following: rejection of a pending bid, proposal, or offer; cancellation of an existing contract; or debarment.

Comments

Source Note: The provisions of this §250.2 adopted to be effective February 3, 2000, 25 TexReg 574; amended to be effective March 30, 2005, 30 TexReg 1771

§250.3: Vendor Protest Procedures

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

(1) Board--the State Board for Educator Certification and its employees and agents;

(2) Executive director--the board's executive director;

(3) Executive staff council--the board's management staff other than the executive director, including the program directors and the general counsel;

(4) Interested party--a vendor who has submitted a bid, offer, or proposal for the purchase at issue in a protest;

(5) Purchase or purchasing process--a procurement delegated to the State Board for Educator Certification under Government Code, Chapter 2155, Chapter 2156, Chapter 2157, or Chapter 2158 or the rules adopted by the Texas Building and Procurement Commission under those statutes;

(6) Receive or receipt--actual receipt;

(7) Procurement coordinator--the board employee primarily responsible for administering the purchase of goods and services for the agency; and

(8) Vendor--an actual or prospective supplier of goods or services to the state.

(b) Purpose. The purpose of this section is to provide an internal procedure to be used by an interested party for protesting an alleged violation of applicable rules or statutes during the purchasing process. This section is consistent with the General Services Commission's rules governing resolution of vendor protests. If the staff services officer or the executive director is the subject of a protest, the board's general counsel shall assume the powers and duties of the person under this section.

(c) Protests. An interested party may file a formal protest with the procurement coordinator about a violation of applicable rules or statutes in the purchasing process that aggrieves the party. A protest shall be in writing and must be received by the procurement coordinator not later than the 14th calendar day after the purchase order or contract at issue has been executed.

(1) The procurement coordinator will notify other interested parties that a protest has been filed over the purchase.

(2) An interested party is entitled to receive copies of the protest and additional filings and to participate in the matter as provided by this section. Upon request, the procurement coordinator will provide the names and mailing addresses of the protesting party and other interested parties, as available.

(d) Status of purchase during protest and appeal. If the purchase being protested has not been awarded, upon the timely filing of a protest or appeal under these procedures, the executive director shall not proceed further with the purchase unless the executive director, in consultation with the procurement coordinator, makes a written determination that the purchase without delay is necessary to protect substantial interests of the State of Texas.

(e) Filing of protest. A formal protest shall be sworn to and contain the following items:

(1) a specific identification of the statutory or regulatory provision(s) that the action complained of is alleged to have violated;

(2) a specific description of each act alleged to have violated the statutory or regulatory provision(s) identified in paragraph (1) of this subsection;

(3) a precise statement of the relevant facts;

(4) an identification of the issue or issues to be resolved; and

(5) argument and authorities in support of the protest.

(f) Failure to file timely or in proper form. The procurement coordinator shall dismiss a protest that does not comply with the requirements of this section, unless the executive director determines that good cause exists for the untimely or improper filing and the protest raises significant issues about the board's purchasing process.

(g) Informal resolution. The procurement coordinator shall have the authority, prior to any appeal to the executive director, to informally resolve a protest.

(h) Determination by procurement coordinator. The procurement coordinator may solicit written responses to the protest from other interested parties. If the protest is not resolved by mutual agreement, the procurement coordinator will issue a written determination on the protest and take appropriate remedial action, which may include voiding a purchase order or contract related to the protest.

(1) If the procurement coordinator determines that no violation of rules or statutes has occurred, he or she shall so inform the protesting party and interested parties in writing, setting forth the reasons for the determination.

(2) If the procurement coordinator determines that a violation of the rules or statutes has occurred in a case in which a purchase order has not been issued or a contract has not been awarded, he or she shall so inform the protesting party and interested parties in writing, setting forth the reasons for the determination and the appropriate remedial action.

(3) If the procurement coordinator determines that a violation of the rules or statutes has occurred in a case in which a purchase order has been issued or a contract has been awarded, he or she shall so inform the protesting party and interested parties in writing, setting forth the reasons for the determination and the appropriate remedial action, which may include voiding the purchase order or contract.

(i) Appeal to executive director. The procurement coordinator's determination issued under subsection (h) of this section may be appealed by the protesting party or by an interested party to the executive director.

(1) An appeal of the procurement coordinator's determination shall be in writing and must be received by the executive director not later than the 14th calendar day after the issuance of the procurement coordinator's written determination under subsection (h) of this section. The executive director shall dismiss an appeal that does not comply with requirements of this subsection. The procurement coordinator shall notify non-appealing interested parties of the appeal.

(2) The appeal shall be limited to a review of the procurement coordinator's determination.

(3) The executive director shall request one or more members of the executive staff council to review the staff services officer's determination and to provide the executive director with a written recommendation for disposition. Other interested parties may file responses to the appeal, and the executive director may consider them in making a decision or referring the matter to the board.

(4) The executive director may issue a written decision on the appeal. A decision by the executive director shall be final and shall completely dispose of all the issues related to a protest, determination, or appeal under this section.

(5) The executive director reserves the sole discretion to refer the matter to the board for the members' consideration at a regularly scheduled open meeting.

(j) Referral to board. When the executive director refers an appeal to the board, the following requirements shall apply.

(1) Copies of the appeal, any responses to it by other interested parties, the procurement coordinator's written determination, and any recommendations or findings by the executive director or executive staff council members shall be provided to the board members. Copies of the appeal and any responses to it by other interested parties shall be made available to all interested parties.

(2) All interested parties who wish to make an oral presentation at the open meeting during which the particular matter is to be considered should notify the executive director or a designee at least 48 hours before the meeting.

(3) The board may consider oral presentations and written documents presented by staff and interested parties. The board's presiding officer shall set the order and amount of time allowed for presentations. The board may take the matter under advisement and decide the appeal at a subsequent open meeting.

(4) The board's decision on the appeal shall be by duly adopted resolution reflected in the minutes of the open meeting and shall be final.

(k) Standards for maintaining documentation. The executive director or a designee will maintain all documentation about the purchasing process in accordance with the board's records retention schedule.

Comments

Source Note: The provisions of this §250.3 adopted to be effective February 3, 2000, 25 TexReg 574; amended to be effective March 30, 2005, 30 TexReg 1771

Subchapter B

§250.20: Petition for Adoption of Rules

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

(1) Administrative Procedure Act--Chapter 2001 of the Government Code.

(2) Amend or amendment--a change to an existing rule, including modification, addition, substitution, deletion, or repeal.

(3) Board--the State Board for Educator Certification and its employees and agents;

(4) Executive director--the board's executive director;

(5) Interested person--an individual whose interests are or will be affected by the rule or amendment.

(6) Rule--a section containing a board statement of general applicability and has the meaning assigned to "rule" under the Administrative Procedure Act.

(7) Rulemaking proceeding--deliberation about a petitioned-for rule at a regularly scheduled board meeting.

(b) Filing. Any interested person may request the board to propose or amend a rule by filing a petition with the executive director. To be considered by the board, a petition shall be filed with the executive director not later than the 30th calendar day and not earlier than the 45th calendar day before a regularly scheduled board meeting. The executive director shall deny a petition that does not comply with the requirements of this subsection.

(c) Scope. The filing of a petition does not obligate the executive director or the board to grant it, to hold a hearing, or to engage in any other public rulemaking proceedings. In denying a petition under this section, the board is not obligated to make findings of fact or conclusions of law or to decide questions or issues raised in the petition. A petition filed under this section is not a contested case under the Administrative Procedure Act or 19 Texas Administrative Code Chapter 249 of this title (relating to Disciplinary Proceedings, Sanctions, and Contested Cases, Including Enforcement of the Educator's Code of Ethics). The approval of a petition and the initiation of a rulemaking proceeding under this section does not obligate the board to propose or to adopt the rule or amendment petitioned for.

(d) Denial by executive director. The executive director shall deny a petition that does not comply with the requirements of subsection (e) of this section.

(1) A petitioner whose petition has been denied by the executive director shall have one more opportunity to refile a corrected petition in accordance with the requirements of this section. Each refiling of a petition begins anew the 60-day deadline for the board to act on the petition under subsection (f) of this section.

(2) After two opportunities to file a petition that complies with this section, the executive director shall deny without further review all subsequent petitions filed by the same petitioner regarding the same or similar rule.

(e) Petition. A petition for rulemaking filed under this section shall include the following items:

(1) Identifying information. The petition shall contain the full name, complete United States mail address, and daytime telephone and fax numbers, if any, of the petitioner and each signatory to the petition.

(2) Text of proposed rule. The petition shall contain the full text of the proposed rule or amendment in the exact form in which it is to be published for legal notice and public comment.

(A) If the petition seeks the adoption of a new rule, the text of the proposed rule shall be underlined.

(B) If the petition seeks to amend an existing rule, the text of the proposed amendment shall show:

(i) the full text of the rule being amended;

(ii) deleted text inside brackets and stricken through; and

(iii) added text underlined.

(3) Statutory authority. The specific statutory authority for the promulgation of the proposed rule shall be cited with sufficient particularity to enable the board and the public to readily access the referenced statute.

(4) Suggested effective date. Subject to applicable statute and rule, the desired effective date should be stated.

(5) Reasoned justification. The petition shall provide a reasoned justification for the proposed rule in narrative form with sufficient particularity to fully inform the board and the public of the following items:

(A) a summary of the rule;

(B) the factual basis for the rule;

(C) the purpose of the rule, including a statement explaining the desired effect to be achieved by the proposed rule;

(D) how the rule would work in practice;

(E) the premises for the rule;

(F) data or information considered in formulating the rule; and

(G) analyses of relevant factors and reasons why the rule was found to be appropriate, including an explanation as to why the means set out in the rule to achieve the desired effect is the best method for achieving that effect.

(6) Fiscal impact statement. A description of the estimated fiscal impact of the rule that includes the following information:

(A) the additional estimated cost to the state and to local governments expected as a result of enforcing or administering the rule;

(B) the estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule;

(C) the estimated loss or increase in revenue to the state or to local governments as a result of enforcing or administering the rule; and

(D) if applicable, that enforcing or administering the rule does not have foreseeable implications relating to cost or revenues of the state or local governments.

(7) Public benefit statement. An explanation about public benefits and costs for each year of the first five years that the rule would be in effect:

(A) the public benefits expected as a result of adoption of the proposed rule;

(B) the probable economic cost to persons required to comply with the rule; and

(C) a determination of whether the proposed rule may affect a local economy; if so, the petition must describe in detail the probable effect of the rule on employment in each geographic area affected by the rule for each year of the first five years that the rule will be in effect.

(8) Signatures. The petitioner and the attorney or other representative of the petitioner must sign the petition.

(f) Not later than the 60th day after the date the executive director receives a petition under this section, the board shall:

(1) deny the petition in writing, stating the reasons for denial; or

(2) initiate a rulemaking proceeding.

(g) Without limitation to the reasons for denial set out below, the board may deny a petition on the following grounds:

(1) the board does not have jurisdiction or authority to propose or to adopt the rule petitioned for;

(2) the rule petitioned for conflicts with a statute, court decision, another rule proposed or adopted by the board, or other law;

(3) the board determines that a different proceeding, procedure, or act more appropriately addresses the subject matter of the petition than initiating a rulemaking proceeding; or

(4) the petitioner is inappropriately using the opportunity to file a rulemaking petition under this section, as evidenced by filing a petition:

(A) after having participated in rulemaking activities on the same subject matter but without having objected to or appealed from an ensuing rule proposed or adopted by the board;

(B) before the fourth anniversary of the board's having previously considered and rejected a similar rule on the same subject matter;

(C) to amend a rule proposed or adopted by the board that has not yet become effective;

(D) to amend an existing rule undergoing review under the plan submitted by the board to the Texas Secretary of State; or

(E) to amend an existing rule before the first anniversary of a completed review of the rule under the plan submitted by the board to the Texas Secretary of State.

(h) The board's presiding officer may appoint a committee of board members to review petitions under this section and to recommend disposition to the board. The executive shall notify the petitioner of the board's disposition of the petition.

Comments

Source Note: The provisions of this §250.20 adopted to be effective February 3, 2000, 25 TexReg 574

Subchapter C

§250.30: Definitions

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

(1) Agency--the State Board for Educator Certification acting through its executive director and other employees.

(2) Board--the members of the State Board for Educator Certification appointed under §21.033, Education Code.

(3) Designee--an agency employee in a management role assigned by the executive director to carry out responsibilities under this subchapter.

(4) Executive director--the person employed by the board under §21.039, Education Code.

(5) Training--instruction, teaching, or education received by an employee that is not normally received by other state employees and that is designed to enhance the ability of the employee to perform the employee's job. The term includes a course of study at an institution of higher education or a private or independent institution of education as defined by section 61.003, Education Code, if the agency spends money to assist the employee to meet the expense of the course of study or pays salary to the employee to undertake the course of study as an assigned duty. The term does not include training required either by state or federal law or that is determined necessary by the agency and offered to all employees of the agency performing similar jobs.

Comments

Source Note: The provisions of this §250.30 adopted to be effective February 3, 2000, 25 TexReg 575

§250.31: Findings, Policy, and Applicability

(a) Programs for the training of agency employees materially aid the effective administration of the board's mission, and the spending of public funds on those programs serves an important public purpose.

(b) In accordance with state law and this subchapter, the agency may use public funds to provide training and education for its employees. The training must be related to the duties or prospective duties of the employee following training.

(c) This subchapter applies to full- and part-time employees who receive training that is paid for by the agency. This subchapter does not apply to contracted or temporary workers.

Comments

Source Note: The provisions of this §250.31 adopted to be effective February 3, 2000, 25 TexReg 575

§250.32: Eligibility

(a) Subject to approval by the executive director or a designee, the agency may pay for all or part of the training an employee receives under this subchapter. To be eligible, an employee must:

(1) have completed at least six months of continuous employment from the date of beginning or restarting service with the agency;

(2) meet or exceed performance standards on the most current written employee evaluation, if any; and

(3) not be on leave or suspension without pay.

(b) Notwithstanding subsection (a)(2) of this section, the executive director or a designee may approve training that is reasonably expected to help the employee meet or exceed performance standards in the employee's written evaluation.

(c) Board members and the executive director may receive training under this subchapter.

Comments

Source Note: The provisions of this §250.32 adopted to be effective February 3, 2000, 25 TexReg 575

§250.33: Employee Obligations

(a) During a training period when an employee does not perform the employee's regular duties for three or more months as a result of the training, the employee assumes the following enforceable obligations:

(1) to work for the agency following the training for at least one month for each month of the training period; or

(2) to pay the agency for all the costs associated with the training that were paid during the training period, including any amounts of the employee's salary that were paid and that were not accounted for as paid vacation or compensatory leave.

(b) The executive director may require an employee of the agency to attend, as all or part of the employee's duties, a training or education program if the training is related to the employee's current or prospective duties.

(c) Before an employee receives training that will be paid for by the agency and during which the employee will not be performing the employee's regular duties for three months or more, the executive director shall require the employee to agree in writing, before the training begins, to comply with the requirements of subsection (a) of this section.

(d) By an order adopted in a public meeting, the board may waive the requirements prescribed under subsection (a) of this section and release an employee from the obligation to meet those requirements if the board finds that such action is in the best interest of the agency or is warranted because of an extreme personal hardship suffered by the employee.

(e) If an employee does not provide the services required in accordance with subsection (a) of this section, provides those services for less than the required term, or fails to make payments required by this section, and the board has not released the employee from the obligation to provide the services or to make the payments, the employee is liable to the agency for any costs described by subsection (a)(2) of this section and for the agency's reasonable expenses incurred in obtaining payment, including reasonable attorney's fees.

Comments

Source Note: The provisions of this §250.33 adopted to be effective February 3, 2000, 25 TexReg 575

§250.34: Report

The executive director or a designee shall prepare and submit an annual report to the Legislative Budget Board detailing the amount of money expended by the agency in the preceding fiscal year for training subject to this subchapter.

Comments

Source Note: The provisions of this §250.34 adopted to be effective February 3, 2000, 25 TexReg 575

Subchapter D

§250.40: General

(a) Policy. It is the policy of the State Board for Educator Certification that contract disputes involving the agency be resolved as fairly and expeditiously as possible.

(b) Purpose. The purpose of this subchapter is to establish procedures to resolve certain contract disputes between contractors and the State Board for Educator Certification (SBEC).

(c) Scope and applicability. This subchapter applies to certain breach of contract claims and counterclaims involving the State Board for Educator Certification. This subchapter does not apply to:

(1) contracts between SBEC and another governmental body;

(2) contracts between a subcontractor and contractor;

(3) a grant agreement between SBEC as grantor and a public or private entity as grantee;

(4) a claim for personal injury or wrongful death arising from the breach of a contract; or

(5) a claim or dispute with respect to which the 77th Legislature or a previous legislature has enacted a concurrent resolution granting permission to the contractor to bring a suit against the state or SBEC.

(d) Legal authority. Government Code, §2260.052(c) requires the Board to adopt rules for negotiation and mediation of certain breach of contract claims and counterclaims involving contractors and the State of Texas. Education Code, §21.041(a) authorizes the Board to adopt rules as necessary for its own procedures and §21.041(b)(1) requires the Board to propose rules for the general administration of its organic statutes, Education Code, Chapter 21, Subchapter B.

(e) Exclusive procedures. In accordance with Civil Practice and Remedies Code, Chapter 107, relating to permission to sue the state, this subchapter contains the exclusive and required prerequisites to suit for breach of contract by a contractor against SBEC.

(1) By written agreement of the parties, this subchapter may be applied to a breach of contract claim brought by SBEC against a contractor.

(2) Nothing in this subchapter precludes SBEC from initiating a lawsuit for damages against the contractor in a court of competent jurisdiction.

(f) Sovereign immunity. This subchapter does not waive sovereign immunity to suit or liability.

(g) Delivery of papers. Delivery of notices and other papers required under this subchapter shall be made by hand delivery (courier receipt requested), certified mail (return receipt requested), or other verifiable delivery service.

(1) Delivery to SBEC shall be made to the agency's executive director.

(2) Delivery to the contractor shall be made to the contractor's representative designated in the contract for receipt of papers under this subchapter or to the contractor's chief executive officer or registered agent for delivery of service if a representative is not so designated in the contract.

Comments

Source Note: The provisions of this §250.40 adopted to be effective June 10, 2001, 26 TexReg 3930

§250.41: Definitions

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

(1) Agency--The State Board for Educator Certification.

(2) ALJ--An individual appointed by the chief administrative law judge of SOAH under Government Code, §2003.041.

(3) APA--The Administrative Procedure Act, codified as Government Code, Chapter 2001.

(4) Board--The State Board for Educator Certification.

(5) Contested case--A proceeding brought pursuant to this subchapter in which the legal rights, duties, or privileges of a party are to be determined by the Board or SOAH or both after an opportunity for an adjudicative hearing.

(6) Contract--A written agreement between SBEC and a contractor by the terms of which the contractor agrees either:

(A) to provide goods or services, by sale or by lease, to SBEC; or

(B) to perform a project as defined by Government Code, §2166.001, relating to building construction and acquisition.

(7) Contractor--Independent contractor who has entered into a contract directly with the agency. The term does not include:

(A) a contractor's subcontractor, officer, employee, agent, or other person furnishing goods or services to a contractor;

(B) an employee of SBEC or another unit of state government; or

(C) a student at an institution of higher education.

(8) Day--A calendar day, unless otherwise indicated.

(9) Dispute--A contested legal or factual issue involving a breach of contract claim or counterclaim.

(10) Institution of higher education--Any public technical institute, public junior college, public senior college or university, medial or dental unit, or other agency of higher education as defined by the Education Code, §61.003.

(11) Mediation--A non-adversarial approach to disputes that seeks a collaboratively reached consensual solution to conflicts through the assistance of a third-party neutral, who guides participants through a confidential process designed to facilitate understanding of parties' real interests and conscious exploration of alternative solutions.

(12) Negotiation--A process whereby SBEC and the contractor come together to discuss potential solutions to the dispute.

(13) Party to the contract or Party--A contractor or SBEC; a "neutral third party" refers to a mediator.

(14) Representative--A person authorized to represent SBEC or a contractor in matters arising under this subchapter.

(15) SBEC--The State Board for Educator Certification.

(16) SOAH--The State Office of Administrative Hearings.

Comments

Source Note: The provisions of this §250.41 adopted to be effective June 10, 2001, 26 TexReg 3930

§250.42: Dispute Resolution Process

(a) If any disputes arise relating to contracts between SBEC and a contractor, the parties shall attempt to resolve those disputes first by negotiation, by mediation if the parties are unable to resolve the disputes through negotiation, and lastly by a contested hearing before SOAH if the parties are unable to resolve the disputes by mediation.

(b) A settlement agreement reached under this subchapter will be final and binding on the parties. The settlement agreement shall be in writing and signed by representatives of SBEC and the contractor with authority to bind the parties.

(1) The parties shall disclose their settlement approval procedures to each other prior to negotiation or mediation.

(2) If the settlement agreement does not resolve all issues raised by the claim and counterclaim, the agreement shall identify the issues that are not resolved. A partial settlement does not waive a contractor's rights under Government Code, Chapter 2260, as to the parts of the claim that are not resolved.

(3) Any settlement to be paid by SBEC is subject to the availability of funds appropriated to the agency.

(4) The confidentiality of a final settlement agreement to which SBEC is a signatory is governed by Government Code, Chapter 552, the Texas Public Information Act.

(c) The parties may act through their representatives in pursuing resolution of a claim or counterclaim under this subchapter.

(1) The parties shall select representatives who have knowledge about the dispute and who are in a position to reach agreement or can credibly recommend approval of an agreement, with the understanding that the agreement may have to be approved by others with SBEC or the contractor or other state officials, others with a company, corporation, or within the contracting entity.

(2) Limitations on the settlement authority, if any, of a representative participating in a negotiation or mediation shall be disclosed as soon as possible by that individual to a representative of the other party.

(d) The parties shall refrain from litigation during the resolution process insofar as they can do so without prejudicing their legal rights.

Comments

Source Note: The provisions of this §250.42 adopted to be effective June 10, 2001, 26 TexReg 3930

§250.43: Required Contract Provisions

(a) Each contract that SBEC enters into to which these procedures apply shall include as a term of the contract the following provisions:

(1) Negotiation:

(A) "Both parties agree they will first attempt to resolve any disputes relating to this contract through negotiations pursuant to SBEC's negotiation procedures relating to certain contract disputes."

(B) "Both parties agree that SBEC shall file any agency counterclaim in accordance with SBEC's above-referenced negotiation procedures."

(2) Mediation: "Both parties agree that if they are unable to resolve completely the dispute during negotiation, the parties shall invoke SBEC's mediation procedures relating to certain contract disputes for the portions of the claim that remain unresolved."

(3) Contested case hearing: "Both parties agree that if any unresolved issues remain following negotiation and mediation efforts, the contractor shall request an administrative hearing in accordance with SBEC's contested hearing procedures relating to certain contract disputes. The contractor's failure to request such a hearing is a waiver of claim as to the unresolved issues."

(b) In each contract with SBEC, a contractor shall designate a representative to receive papers delivered under this subchapter.

(c) Even in the absence of a contractual provision to do so, SBEC and the contractor may apply the procedures in this subchapter to resolve a breach of contract claim if they agree in writing to do so, subject to the limitations imposed by §250.40(c) of this title (relating to General).

Comments

Source Note: The provisions of this §250.43 adopted to be effective June 10, 2001, 26 TexReg 3930

§250.44: Damages

(a) The total amount of money recoverable on a claim for breach of contract under these procedures may not, after deducting the amount specified in subsection (b) of this section, exceed the balance due and owing on the contract price, including orders for additional work, services, or goods.

(b) Any amount owed to SBEC for work not performed or goods not delivered under a contract or in substantial compliance with its terms shall be deducted from the amount in subsection (a) of this section.

(c) Any award of damages under these procedures may not include:

(1) consequential or similar damages;

(2) exemplary damages;

(3) any damages based on an unjust enrichment theory;

(4) attorney's fees; or

(5) home office overhead.

Comments

Source Note: The provisions of this §250.44 adopted to be effective June 10, 2001, 26 TexReg 3930

§250.45: Notice of Claim or Counterclaim

(a) Notice of claim of breach of contract. To assert a breach of contract claim against SBEC, a contractor must deliver notice of the claim to SBEC in accordance with the provisions of this subsection or the claim is waived. The notice of claim of breach of contract must:

(1) be in writing;

(2) state with particularity:

(A) the name and address of the contractor and the contractor's representative;

(B) the nature of the alleged breach, including a detailed description of each event that the contractor claims breached the contract, the identity of any witnesses to the event, the date of each such event, and the identity of each contract provision allegedly breached;

(C) a description of damages that includes the amount and method used to calculate those damages; and

(D) the legal theory of recovery, i.e., breach of contract, including the relationship between the alleged breach and the damages claimed; and

(3) be delivered to SBEC's executive director not later than 180 days after the date of the event that the contractor asserts as the basis of the claim.

(b) Notice of Counterclaim. SBEC may counterclaim in opposition to or deduction from a contractor's claim of breach of a contract between the contractor and SBEC. The notice of counterclaim under this subsection must:

(1) be in writing;

(2) state with particularity:

(A) the name and address of SBEC's representative;

(B) the nature of the counterclaim;

(C) a description of damages or offsets, including the amount and method used to calculate those damages or offsets; and

(D) the legal theory supporting the counterclaim; and

(3) be delivered to the contractor no later than 90 days after SBEC receives the contractor's notice of claim.

Comments

Source Note: The provisions of this §250.45 adopted to be effective June 10, 2001, 26 TexReg 3930

§250.46: Duty to Negotiate

The parties shall negotiate in accordance with the timetable set forth in §250.47 of this title (relating to Negotiation Timetable), to attempt to resolve all claims and counterclaims filed under this chapter. No party is obligated to settle with the other party as a result of the negotiation.

Comments

Source Note: The provisions of this §250.46 adopted to be effective June 10, 2001, 26 TexReg 3930

§250.47: Negotiation Timetable

(a) Following receipt of a contractor's notice of claim, SBEC shall review the contractor's claim and the agency's counterclaim, if any, and initiate negotiations with the contractor to attempt to resolve the claim and counterclaim.

(b) Subject to subsection (c) of this section, the parties shall begin negotiations within a reasonable period of time, not to exceed 60 days following the later of:

(1) the date of termination of the contract;

(2) the completion date, or substantial completion date in the case of construction projects, in the original contract; or

(3) the date SBEC receives the contractor's notice of claim.

(c) SBEC may delay negotiations until after the 180th day after the date of the event giving rise to the claim of breach of contract by:

(1) delivering written notice to the contractor that the commencement of negotiations will be delayed; and

(2) delivering written notice to the contractor when SBEC is ready to begin negotiations.

(d) The parties may conduct negotiations according to an agreed schedule as long as they begin negotiations no later than the applicable deadlines set forth in subsection (b) or (c) of this section, whichever is applicable.

(e) Subject to subsection (f) of this section, the parties shall complete the negotiations that are required by this chapter as a prerequisite to a contractor's request for contested case hearing no later than 270 days after SBEC receives the contractor's notice of claim.

(f) The parties may agree in writing to extend the time for negotiations on or before the 270th day after SBEC receives the contractor's notice of claim. The agreement shall be signed by representatives of the parties with authority to bind each respective party.

Comments

Source Note: The provisions of this §250.47 adopted to be effective June 10, 2001, 26 TexReg 3930

§250.48: Mediation

(a) Mediation timetable. SBEC and the contractor may agree to mediate the dispute at any time before the 270th day after the date a claim is filed under this subchapter or before the expiration of any extension agreed to in writing by the parties to the contract.

(1) SBEC and the contractor may mediate the dispute even after the case has been referred to SOAH for a contested case hearing. SOAH may also refer a contested case for mediation pursuant to its own rules and guidelines, regardless of whether the parties have previously attempted mediation.

(2) In setting the time period for the duration of the mediation, SBEC and the contractor should allow enough time in which to make arrangements with mediator and the attending representatives to schedule the mediation, to attend and to participate in the mediation, and to complete any settlement approval procedures necessary to achieve final settlement.

(b) Conduct of mediation. Mediation is a consensual, confidential process in which an impartial third person, the mediator, facilitates communication between the parties to promote reconciliation, settlement, or understanding among them. The mediation is nonbinding and subject to Government Code, Chapter 2009, the Governmental Dispute Resolution Act.

(c) Qualifications, standards, and immunity of mediator. The mediator must be acceptable to both parties, subject to the authority of SOAH to appoint a mediator in a contested case referred to mediation. To qualify as a mediator under this subchapter, a person must have completed a minimum of 40 classroom hours of training in dispute resolution techniques in a course conducted by a county alternative dispute resolution system created under Civil Practice and Remedies Code, Chapter 152, or other dispute resolution organization approved by SOAH.

(1) The mediator shall be subject to the standards and duties prescribed by Civil Practice and Remedies Code, §154.053, including the following:

(A) A mediator shall encourage and assist the parties in reaching a settlement of their dispute but may not compel or coerce the parties to enter into a settlement agreement.

(B) Unless expressly authorized by the disclosing party, the mediator may not disclose to either party information given in confidence by the other and shall at all times maintain confidentiality with respect to communications relating to the subject matter of the dispute.

(2) SBEC and the contractor should decide whether, and to what extent, knowledge and experience in mediation of the subject matter at issue would be required or preferred of the mediator.

(3) A volunteer mediator shall have, if applicable, the qualified immunity prescribed by Civil Practice and Remedies Code, §154.055, which provides that a person appointed to facilitate an alternative dispute resolution procedure under this subchapter, or appointed by the parties whether before or after the institution of formal judicial proceedings, who is a volunteer and who does not act with wanton and willful disregard of the rights, safety, or property of another, is immune from civil liability for any act or omission within the course and scope of his or her duties or functions as mediator. For purposes of this paragraph, a volunteer mediator is a person who does not receive compensation in excess of reimbursement for expenses incurred or a stipend intended as reimbursement for expenses incurred.

(d) Source of Mediator. Subject to the requirements of subsection (c) of this section, relating to qualifications, standards, and immunity of mediator, SBEC and the contractor may obtain the services of a mediator through an agreement with:

(1) a governmental officer or employee or private individual who is qualified as a mediator under this subsection;

(2) SOAH;

(3) the Center for Public Policy Dispute Resolution at the University of Texas School of Law;

(4) a county alternative dispute resolution system created under Civil Practice and Remedies Code, Chapter 152; or

(5) another state or federal agency or through a pooling agreement among several governmental bodies.

(e) Agreement to mediate. The mediation agreement shall be in writing and executed by both parties to the contract. At a minimum, the agreement must address the following factors:

(1) the identity of the mediator;

(2) the time period for the mediation;

(3) the location of the mediation;

(4) the allocation of costs of the mediator;

(5) the identity of representatives who will attend the mediation on behalf of the parties by name and position within SBEC or the contractor's organization; and

(6) the settlement approval process in the event the parties reach agreement at the mediation.

(f) Confidentiality of mediation. A mediation conducted under this subchapter is confidential in accordance with §2009.054, Government Code, relating to confidentiality of certain records and communications made during alternative dispute resolution procedures. Unless the parties agree otherwise, all matters, including the conduct and demeanor of the parties and their counsel during the settlement process, are confidential and may never be disclosed to anyone, including an appointing ALJ.

(g) Each participant in the mediation, including the mediator, is subject to the requirements of Family Code, Chapter 261, Subchapter B, relating to reports of child abuse or neglect, and of Human Resources Code, Chapter 48, Subchapter C, relating to reports of abuse, neglect, or exploitation of elderly or disabled persons.

(h) Any settlement agreement reached during a mediation shall be signed by representatives of the contractor and the unit of state government, and shall describe any procedures that the parties must follow to obtain final and binding approval of the agreement.

(i) Costs of mediation. Unless SBEC and the contractor agree otherwise, the costs of the mediation process itself shall be divided equally between the parties. Each party shall be responsible for its own costs incurred in connection with the mediation, including costs of document reproduction for documents requested by such party, attorney's fees, and consultant or expert fees.

Comments

Source Note: The provisions of this §250.48 adopted to be effective June 10, 2001, 26 TexReg 3930

§250.49: Referral to the State Office of Administrative Hearings

(a) If mediation does not resolve all disputed issues, the contractor may request SBEC to refer the dispute to SOAH. On its own initiative, with or without a request from the contractor, SBEC may refer the dispute to SOAH. Before the dispute may be referred to SOAH for contested case proceedings, SBEC or the contractor must determine that mediation has failed to resolve the dispute in whole or in part and deliver written notification of such determination to the other party.

(b) The contractor's request under this section must be in writing and received by SBEC within 30 days after SBEC or the contractor receives written notification from the other party that mediation has failed to resolve the dispute in whole or in part. The request must:

(1) state the factual and legal basis for the claim or counterclaim; and

(2) request that the claim be referred to the State Office of Administrative Hearings for a contested case hearing.

(c) SBEC's notice of intent to refer the dispute to SOAH must be in writing and received by the contractor within 30 days after SBEC or the contractor receives written notification from the other party that mediation has failed to resolve the dispute in whole or in part. The notice must:

(1) state the factual and legal basis for the claim or counterclaim; and

(2) state that the matter is being referred to the State Office of Administrative Hearings for a contested case hearing.

(d) Within 20 days of receiving the contractor's request for referral of the dispute to SOAH or of delivering to the contractor SBEC's intent to refer the dispute to SOAH, SBEC shall deliver to SOAH a request to docket the dispute for a contested case hearing. Proceedings before SOAH shall be governed by the APA and applicable SOAH rules and procedures.

(e) Subject to SOAH's rules, nothing in this subchapter prohibits SBEC and the contractor from negotiating or mediating a resolution of their dispute after the case has been referred for contested case hearing.

Comments

Source Note: The provisions of this §250.49 adopted to be effective June 10, 2001, 26 TexReg 3930