TITLE 19. EDUCATION

PART 2. TEXAS EDUCATION AGENCY

CHAPTER 61. SCHOOL DISTRICTS

SUBCHAPTER CC. COMMISSIONER'S RULES CONCERNING SCHOOL FACILITIES

19 TAC §61.1034

The Texas Education Agency (TEA) proposes an amendment to §61.1034, concerning the new instructional facility allotment (NIFA). The proposed amendment would modify the rule to reflect changes made by House Bill (HB) 1081, 85th Texas Legislature, Regular Session, 2017.

The Texas Education Code (TEC), §42.158, allows the commissioner by rule to establish procedures and adopt guidelines for the administration of the NIFA. Through 19 TAC §61.1034, last amended to be effective January 2, 2012, the commissioner exercised rulemaking authority to establish definitions, explain the application process, and describe costs and payments related to the allotment.

HB 1081, 85th Texas Legislature, Regular Session, 2017, amended the TEC, §42.158, to increase the allotment per student from $250 to $1,000 for each student in average daily attendance for the first school year students attend a new instructional facility and from $250 to $1,000 for each additional student in average daily attendance for the second year students attend a new instructional facility. The bill also added a definition of a new instructional facility to include a newly constructed instructional facility, a repurposed instructional facility, and a leased facility operating for the first time as an instructional facility with a minimum lease term of not less than 10 years.

The proposed amendment to 19 TAC §61.1034 would add new subsection (a) for definitions. The definitions would implement HB 1081 by defining the term new instructional facility as a newly constructed instructional facility, a repurposed instructional facility, or a leased facility operating for the first time as an instructional facility with a minimum lease term of not less than 10 years. Language in current subsection (a)(2), relettered as subsection (b)(2), would be incorporated into the new definition for instructional campus.

The amendment would also expand the eligibility criteria in current subsection (a), relettered as subsection (b), to include repurposed and leased buildings and remove language in current subsection (a)(4) that prohibits leased facilities from being eligible for the NIFA.

Subsection (b)(1)(B), relettered as subsection (c)(1)(B), would be modified to include references to repurposed and leased buildings in the description of the photograph needed and the legal documents required for the initial application.

Subsection (d), relettered as subsection (e), would be updated to explain that reductions to allotments will be made by applying the same percentage of adjustment to each district and charter school in accordance with the TEC, §42.253. Subsection (d)(2)(A) and (B), relettered as subsection (e)(2)(A) and (B), would be eliminated to reflect the TEC, §42.253, regarding proration of funds.

HB 3593, 85th Texas Legislature, Regular Session, 2017, amended the TEC, §42.158, to add language to specify that a school district entitled to an allotment may use funds from the district's allotment to renovate an existing instructional facility to serve as a dedicated cybersecurity computer laboratory. The TEA has determined that no changes to §61.1034 are necessary as a result of the bill.

The current rule requires a school district or charter school that wishes to receive an allotment to complete and submit an application requesting funding and provide certain documentation electronically. Since the proposed amendment would include repurposed or leased facilities, initial applications would be required to include documentation specific to those types of facilities.

Any locally maintained paperwork requirements resulting from the proposed amendment would correspond with and support the stated procedural and reporting implications.

FISCAL NOTE. Leo Lopez, associate commissioner for school finance / chief school finance officer, has determined that for the first five-year period the amendment is in effect, there will be no fiscal implications for state government as a result of enforcing or administering the amendment. The rule action could have fiscal implications for local government, including school districts and open-enrollment charter schools, that choose to apply for the allotment. The statutory increase in the allotment from $250 per student in average daily attendance to $1,000 per student in average daily attendance could increase the amount to which a school district is entitled. However, the total appropriation was not increased. It remains at $23,750,000 for each year of the biennium, and awards will likely be prorated.

There is no effect on local economy for the first five years that the proposed amendment is in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022. The proposed amendment does not impose a cost on regulated persons and, therefore, is not subject to Texas Government Code, §2001.0045.

PUBLIC BENEFIT/COST NOTE. Mr. Lopez has determined that for each year of the first five years the amendment is in effect the public benefit anticipated as a result of enforcing the amendment will be implementing legislative changes to the NIFA program, which helps school districts accommodate growth by providing funding to build new instructional facilities. There is no anticipated economic cost to persons who are required to comply with the proposed amendment.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSINESSES, AND RURAL COMMUNITIES. There is no direct adverse economic impact for small businesses, microbusinesses, and rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

REQUEST FOR PUBLIC COMMENT. The public comment period on the proposal begins September 1, 2017, and ends October 2, 2017. Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Rulemaking, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701. Comments may also be submitted electronically to rules@tea.texas.gov. A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on September 1, 2017.

STATUTORY AUTHORITY. The amendment is proposed under the Texas Education Code, §42.158, as amended by House Bill 1081, 85th Texas Legislature, Regular Session, 2017, which authorizes the commissioner of education to adopt rules as necessary to implement the new instructional facilities allotment.

CROSS REFERENCE TO STATUTE. The amendment implements the Texas Education Code, §42.158, as amended by House Bill 1081, 85th Texas Legislature, Regular Session, 2017.

§61.1034.New Instructional Facility Allotment.

(a) Definitions. The following definitions apply to the new instructional facility allotment (NIFA) in accordance with the Texas Education Code (TEC), §42.158.

(1) Instructional campus--A campus that:

(A) has its own unique campus ID number registered with the Texas Education Agency (TEA), an assigned administrator, enrolled students who are counted for average daily attendance, and assigned instructional staff;

(B) receives federal and/or state and/or local funds as its primary support;

(C) provides instruction in the Texas Essential Knowledge and Skills (TEKS);

(D) has one or more grade groups in the range from early education through Grade 12; and

(E) is not a program for students enrolled in another public school.

(2) Instructional facility--A real property, an improvement to real property, or a necessary fixture of an improvement to real property that is used predominantly for teaching the curriculum required by the TEC, §28.002.

(3) New instructional facility--A facility that includes:

(A) a newly constructed instructional facility, which is a new instructional campus built from the ground up;

(B) a repurposed instructional facility, which is a facility that has been renovated to become an instructional facility for the first time. An existing facility must not have been used by the school as an instructional facility for at least 10 years prior to application; or

(C) a leased facility operating for the first time as an instructional facility with a minimum lease term of not less than 10 years. The lease must not be a continuation of or renegotiation of an existing lease for an instructional facility.

(b) [(a)] Eligibility. The following eligibility criteria apply to the NIFA [new instructional facility allotment (NIFA)] in accordance with the TEC [Texas Education Code (TEC)] , §42.158.

(1) Both school districts and open-enrollment charter schools are eligible to apply for the NIFA for eligible facilities.

(2) The facility for which NIFA funds are requested must meet the following requirements.

(A) The facility must be an [a newly constructed] instructional campus [facility] used for teaching the curriculum required by the TEC, Chapter 28, and must be:[.]

(i) a newly constructed instructional facility;

(ii) a repurposed instructional facility; or

(iii) a leased facility operating for the first time as an instructional facility with a minimum lease term of not less than 10 years.

(B) To qualify for first-year funding, a new facility must not have been occupied in the prior school year. To qualify for follow-up funding, the facility must have been occupied for the first time in the prior school year and funded for the NIFA for that first year. A special case of one-year funding pertains to a facility that was occupied for the first time in the prior school year but did not receive NIFA funds because of a failure to apply. Any such eligible facility will receive funds for one year of operation only.

[(B) The facility must have its own assigned instructional staff and instructional program distinct from other facilities, and this program cannot be a program for students enrolled in another public school (summer school, evening school, etc.).]

(C) With the exception of a covered walkway connecting the new facility to another building, the new facility must be physically separate from other existing school structures.

[(D) The facility must have its own principal or receive an accountability rating through the standard or the optional alternative rating procedures as described in the most current accountability manuals published by the Texas Education Agency (TEA).]

[(E) The facility must have its own unique campus ID number as designated by the TEA, its own record of expenditures that is not a subset of another school budget, and attendance data that can be reported for those students who are assigned to its campus.]

(D) [(F)] If the applicant is an open-enrollment charter school, the facility must be a charter school site approved for instructional use [either] in the original open-enrollment charter as granted by either the State Board of Education or the commissioner of education or in an amendment granted under §100.1033(b)(9)-(11) [§100.1033(c)(5)] of this title (relating to Charter Amendment), as described in §100.1001(3)(D) [§100.1011(3)(D) ] of this title (relating to Definitions).

(3) Expansion or renovation of existing instructional facilities, as well as portable and temporary structures, are not eligible for the NIFA.

[(4) A facility leased by the school district or by the open-enrollment charter school or open-enrollment charter holder is not eligible for the NIFA.]

(c) [(b)] Application process. To apply for the NIFA, school districts and open-enrollment charter schools must complete the TEA's online application process requesting funding pursuant to the NIFA.

(1) The initial (first-year) application, or an application for one-year funding only, must be submitted electronically no later than July 15. The application must include the following:

(A) the electronic submission of the TEA's online application for initial funding; and

(B) the electronic submission of the following materials:

(i) a brief description and photograph of the newly constructed, repurposed, or leased instructional facility [site];

(ii) a copy of a legal document that clearly describes the nature and dates of the new or repurposed construction or a copy of the applicable lease;

(iii) a site plan;

(iv) a floor plan; and

(v) if applicable, a demolition plan.

(2) Second-year applications require only the electronic submission of the TEA's online application for follow-up funding no later than July 15 of the year preceding the applicable school year.

(d) [(c)] Survey on days of instruction. In the fall of the school year after a school year for which an applicant received NIFA funds, the school district or open-enrollment charter school that received the funds must complete an online survey on the number of instructional days held in the new facility and submit the completed survey electronically. The TEA will use submitted survey information in determining the final (settle-up) amount earned by each eligible school district and open-enrollment charter school, as described in subsection (e)(6) [(d)(6)] of this section.

(e) [(d)] Costs and payments. The costs and payments for the NIFA are determined by the commissioner [of education].

(1) The allotment for the NIFA is a part of the cost of the first tier of the Foundation School Program (FSP). This allotment is not counted in the calculation of weighted average daily attendance for the second tier of the FSP.

(2) If, for all eligible applicants combined, the total cost of the NIFA exceeds the amount appropriated, each allotment is reduced so that the total amount to be distributed equals the amount appropriated. Reductions to allotments are made by applying the same percentage adjustment to each school district and charter school.

[(A) For eligible school districts, reductions to allotments are made by applying the same number of cents of tax rate in each school district to the school district's taxable value of property so that the reduced total for all school districts equals the amount appropriated. For each school district, the taxable value of property is the property value certified by the Texas Comptroller of Public Accounts for the preceding school year as determined under the Texas Government Code, Chapter 403, Subchapter M, or, if applicable, a reduced property value that reflects a rapid decline pursuant to the TEC, §42.2521.]

[(B) For eligible open-enrollment charter schools, reductions to allotments are made in the same way as for school districts, as described in subparagraph (A) of this paragraph, except that the value used as the taxable value of property for each charter school is calculated by determining the statewide taxable value of property for all school districts in the state, dividing that number by the number of non-charter-school students in average daily attendance (ADA) in the state, and multiplying the result by the charter school's total number of ADA.]

(3) If an additional $1 million is appropriated for the NIFA for a school year under the TEC, §42.158(d-1), and if proration as described in paragraph (2) of this subsection is necessary for the school year, the additional appropriation must first be applied to prevent a reduction in the NIFA for eligible high school facilities. Any funds remaining after preventing all reductions in the NIFA for eligible high school facilities will be prorated as described in paragraph (2) of this subsection.

(4) Allocations will be made in conjunction with allotments for the FSP in accordance with the school district's or open-enrollment charter school's payment class. For school districts that are not subject to the requirements of the TEC, Chapter 41, and do not receive payments from the Foundation School Fund, NIFA distributions will correspond to the schedule for payment class 3.

(5) For school districts that are required to reduce wealth pursuant to the TEC, Chapter 41, any NIFA funds for which the school district is eligible are applied as credits to the amounts owed to equalize wealth.

(6) For all school districts and open-enrollment charter schools receiving the NIFA, a final (settle-up) amount earned is determined by the commissioner when information reported through the survey described in subsection (d) [(c)] of this section is available in the fall of the school year after the school year for which NIFA funds were received. The final amount earned is determined using the submitted survey information and final counts of ADA for the school year for which NIFA funds were received, as reported through the Texas Student Data System Public Education Information Management System.

(7) The amount of funds to be distributed for the NIFA to a school district or open-enrollment charter school is in addition to any other state aid entitlements.

(f) [(e)] Ownership of property purchased with NIFA funds. Property purchased with NIFA funds by an open-enrollment charter school is presumed to be public property under the TEC, §12.128, and remains public property in accordance with that section.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 21, 2017.

TRD-201703219

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: October 1, 2017

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


CHAPTER 153. SCHOOL DISTRICT PERSONNEL

SUBCHAPTER DD. CRIMINAL HISTORY RECORD INFORMATION REVIEW

19 TAC §153.1117

The Texas Education Agency proposes the repeal of §153.1117, concerning criminal history record information review. The repeal is necessary since House Bill (HB) 3270, 85th Texas Legislature, 2017, specifies criminal history record information review of certain school contractor employees in statute, rendering the provisions in 19 TAC §153.1117 redundant and obsolete.

Senate Bill 9, 80th Texas Legislature, 2007, added the Texas Education Code, (TEC), §22.0834, which required the criminal history record information review of certain contract employees. To implement this requirement the commissioner exercised rulemaking authority by adopting rules in 19 TAC Chapter 153, School District Personnel, Subchapter DD, Criminal History Record Information Review.

HB 3270, 85th Texas Legislature, Regular Session, 2017, added new TEC, §22.08341, which specifies the requirements for criminal history record information review of certain school contractor employees and conflicts with the provisions in 19 TAC §153.1117. As a result, the repeal of §153.1117 is necessary to remove redundant and obsolete provisions.

The proposed repeal would have no procedural or reporting implications. The proposed repeal would have no locally maintained paperwork requirements.

FISCAL NOTE. Ryan Franklin, associate commissioner for educator leadership and quality, has determined that for the first five-year period the repeal is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal. There is no effect on local economy for the first five years that the proposed repeal is in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022. The proposed repeal does not impose a cost on regulated persons and, therefore, is not subject to Texas Government Code, §2001.0045.

PUBLIC BENEFIT/COST NOTE. Mr. Franklin has determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of enforcing the repeal would be removing from rule provisions that conflict with statute. There is no anticipated economic cost to persons who are required to comply with the proposed repeal.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSINESSES, AND RURAL COMMUNITIES. There is no direct adverse economic impact for small businesses, microbusinesses, and rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

REQUEST FOR PUBLIC COMMENT. The public comment period on the proposal begins September 1, 2017, and ends October 2, 2017. Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Rulemaking, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701. Comments may also be submitted electronically to rules@tea.texas.gov. A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on September 1, 2017.

STATUTORY AUTHORITY. The repeal is proposed under the Texas Education Code (TEC), §22.0834, as amended by House Bill (HB) 3270, 85th Texas Legislature, Regular Session, 2017, which exempts contracting entities, subcontracting entities, and persons subject to TEC, §22.08341, from the requirement to submit information to the Texas Education Agency for a criminal history background check prior to employment; and TEC, §22.08341, as added by HB 3270, 85th Texas Legislature, Regular Session, 2017, which sets out the requirements for contracting entities and subcontracting entities to conduct criminal history background checks on their employees working in public school instructional facilities.

CROSS REFERENCE TO STATUTE. The repeal implements the Texas Education Code (TEC), §22.0834, as amended by House Bill (HB) 3270, 85th Texas Legislature, Regular Session, 2017; and TEC, §22.08341, as added by HB 3270, 85th Texas Legislature, Regular Session, 2017.

§153.1117.School Contractor Employees.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 21, 2017.

TRD-201703220

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: October 1, 2017

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


PART 7. STATE BOARD FOR EDUCATOR CERTIFICATION

CHAPTER 231. REQUIREMENTS FOR PUBLIC SCHOOL PERSONNEL ASSIGNMENTS

The State Board for Educator Certification (SBEC) proposes amendments to §§231.79, 231.271, 231.281, 231.283, 231.287, 231.289, 231.291, 231.301, 231.303, 231.305, 231.307, 231.309. 231.313, 231.331, 231.333, 231.335, 231.337, 231.339, 231.341, 231.343, 231.361, 231.363, 231.365, 231.381, 231.393 - 231.395, 231.401, 231.403, 231.421, 231.423, 231.441, 231.443, 231.445, 231.461, 231.469, 231.481, 231.483, 231.485, 231.487, 231.489, 231.501, 231.503, 231.521, 231.523, 231.541, 231.543, 231.561, 231.563, 231.565, 231.567, 231.569, 231.571, 231.573, 231.575, 231.577, 231.579, 231.581, 231.591, and 231.595; new §§231.397, 231.425, 231.427, 231.525, and 231.583; and the repeal of §231.549 and §231.593, concerning requirements for public school personnel assignments. The proposed revisions would incorporate career and technical education (CTE) courses approved by the State Board of Education (SBOE). The proposed revisions would also incorporate requirements to complete Texas Education Agency-approved training or appropriate training in state and federal requirements regarding work-based learning and safety and add certificate areas to the list of credentials appropriate for placement into a particular assignment.

Current 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, provides guidance to school districts by listing courses by grade level and subject area and identifying the corresponding certificates appropriate for placement into each classroom assignment. This information assists districts with hiring and personnel assignment decisions.

To reflect career and technical education courses approved by the SBOE, the proposed revisions to 19 TAC Chapter 231, Subchapter C and Subchapter E, would identify the appropriate certificates and/or training requirements for placement in various assignments for Grades 6-8 and Grades 9-12 listed throughout the divisions below:

Division 9. Career Development, Grades 9-12 Assignments

Division 10. Agriculture, Food, and Natural Resources, Grades 9-12 Assignments

Division 11. Architecture and Construction, Grades 9-12 Assignments

Division 12. Arts, Audio/Video Technology, and Communications, Grades 9-12 Assignments

Division 13. Business Management and Administration, Grades 9-12 Assignments

Division 14. Education and Training, Grades 9-12 Assignments

Division 15. Finance, Grades 9-12 Assignments

Division 16. Government and Public Administration, Grades 9-12 Assignments

Division 17. Health Science, Grades 9-12 Assignments

Division 18. Hospitality and Tourism, Grades 9-12 Assignments

Division 19. Human Services, Grades 9-12 Assignments

Division 20. Information Technology, Grades 9-12 Assignments

Division 21. Law, Public Safety, Corrections, and Security, Grades 9-12 Assignments

Division 22. Manufacturing, Grades 9-12 Assignments

Division 23. Marketing, Grades 9-12 Assignments

Division 24. Science, Technology, Engineering, and Mathematics, Grades 9-12 Assignments

Division 25. Transportation, Distribution, and Logistics, Grades 9-12 Assignments

The proposed revisions would have no additional procedural and reporting implications. The proposed revisions would have no additional locally maintained paperwork requirements.

FISCAL NOTE. Ryan Franklin, associate commissioner for educator leadership and quality, has determined that for the first five-year period the revisions are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the revisions. There is no effect on local economy for the first five years that the proposed revisions are in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022. The proposed revisions do not impose a cost on regulated persons and, therefore, are not subject to Texas Government Code, §2001.0045.

PUBLIC BENEFIT/COST NOTE. Mr. Franklin has determined that for each year of the first five years the revisions are in effect the public benefit anticipated as a result of enforcing the revisions would be the ability of districts to continue placing educators who are prepared to positively affect the performance of the diverse student population of this state into career and technical education assignments. There is no anticipated economic cost to persons who are required to comply with the proposed revisions.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSINESSES, AND RURAL COMMUNITIES. There is no direct adverse economic impact for small businesses, microbusinesses, and rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

REQUEST FOR PUBLIC COMMENT. The public comment period on the proposal begins September 1, 2017, and ends October 2, 2017. The SBEC will take registered oral and written comments on the proposed revisions at the October 6, 2017, meeting in accordance with the SBEC board operating policies and procedures. All requests for a public hearing on the proposed revisions submitted under the Administrative Procedure Act must be received by the Department of Educator Leadership and Quality, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, Attention: Mr. Ryan Franklin, associate commissioner for educator leadership and quality, not more than 14 calendar days after notice of the proposal has been published in the Texas Register on September 1, 2017.

SUBCHAPTER C. GRADES 6-8 ASSIGNMENTS

19 TAC §231.79

STATUTORY AUTHORITY. The amendment is proposed under the Texas Education Code (TEC), §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; TEC, §21.031(a), which states that the SBEC shall regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; TEC, §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; and TEC, §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates.

CROSS REFERENCE TO STATUTE. The amendment implements the Texas Education Code, §§21.003(a), 21.031(a), and 21.041(b)(1) and (2).

§231.79.Career Development, Grades 6-8.

An assignment in a departmentalized classroom for Career Development, College and Career Readiness [Exploring Careers], or Investigating Careers [Career Portals], Grades 6-8, for a holder of a valid secondary or all-level certificate is allowed with any vocational or career and technical education classroom teaching certificate specified in §233.13 of this title (relating to Career and Technical Education (Certificates not requiring experience and preparation in a skill area)) or §233.14 of this title (relating to Career and Technical Education (Certificates requiring experience and preparation in a skill area)).

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 21, 2017.

TRD-201703230

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: October 1, 2017

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


SUBCHAPTER E. GRADES 9-12 ASSIGNMENTS

DIVISION 9. CAREER DEVELOPMENT, GRADES 9-12 ASSIGNMENTS

19 TAC §231.271

STATUTORY AUTHORITY. The amendment is proposed under the Texas Education Code (TEC), §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; TEC, §21.031(a), which states that the SBEC shall regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; TEC, §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; and TEC, §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates.

CROSS REFERENCE TO STATUTE. The amendment implements the Texas Education Code, §§21.003(a), 21.031(a), and 21.041(b)(1) and (2).

§231.271.Career Development, Grades 9-12.

(a) Subject to the requirements in subsection (e) [(c)] of this section, an assignment for Career Preparation I, Career Preparation II, or Extended Career Preparation [Career Preparation I and II], Grades 9-12, is allowed with any vocational or career and technical education (CTE) classroom teaching certificate specified in §233.13 of this title (relating to Career and Technical Education (Certificates not requiring experience and preparation in a skill area)) or §233.14 of this title (relating to Career and Technical Education (Certificates requiring experience and preparation in a skill area)).

(b) An assignment for Project-Based Research [Problems and Solutions], Grades 9-12, is allowed with any vocational or CTE classroom teaching certificate specified in §233.13 of this title or §233.14 of this title.

(c) An assignment for Applied Mathematics for Technical Professionals, Grades 9-12, is allowed with one of the following certificates:

(1) Any vocational or CTE classroom teaching certificate specified in §233.13 of this title or §233.14 of this title. This assignment requires a bachelor's degree.

(2) Grades 6-12 or Grades 9-12 Mathematics.

(3) Master Mathematics Teacher (Grades 8-12).

(4) Mathematics: Grades 7-12.

(5) Mathematics: Grades 8-12.

(6) Mathematics/Physical Science/Engineering: Grades 6-12.

(7) Mathematics/Physical Science/Engineering: Grades 8-12.

(8) Physics/Mathematics: Grades 7-12.

(9) Physics/Mathematics: Grades 8-12.

(10) Secondary Mathematics (Grades 6-12).

(d) All teachers assigned to Applied Mathematics for Technical Professionals shall participate in Texas Education Agency-approved training prior to teaching this course effective with the 2018-2019 school year. Specific details about the required training can be found at tea.texas.gov/cte.

(e) [(c)] The school district is responsible for ensuring that each teacher assigned to Career Preparation I, Career Preparation II, [and II] or Extended Career Preparation [Problems and Solutions], Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 21, 2017.

TRD-201703231

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: October 1, 2017

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


DIVISION 10. AGRICULTURE, FOOD, AND NATURAL RESOURCES, GRADES 9-12 ASSIGNMENTS

19 TAC §§231.281, 231.283, 231.287, 231.289, 231.291

STATUTORY AUTHORITY. The amendments are proposed under the Texas Education Code (TEC), §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; TEC, §21.031(a), which states that the SBEC shall regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; TEC, §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; and TEC, §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates.

CROSS REFERENCE TO STATUTE. The amendments implement the Texas Education Code, §§21.003(a), 21.031(a), and 21.041(b)(1) and (2).

§231.281.Agriculture, Food, and Natural Resources, Grades 9-12.

(a) An assignment for Advanced Energy and Natural Resource Technology; Agriculture Laboratory and Field Experience; Energy and Natural Resource Technology [Advanced Environmental Technology]; Equine Science; Food Processing; Food Technology and Safety; Forestry and Woodland Ecosystems; Greenhouse Operation and Production; Horticultural [Horticulture] Science; Landscape Design and [Turf Grass] Management; Livestock Production; Principles of Agriculture, Food, and Natural Resources; Professional Standards in Agribusiness; Range Ecology and Management; Small Animal Management; Turf Grass Management; Veterinary Medical Applications; or Wildlife, Fisheries, and Ecology Management, Grades 9-12, is allowed with one of the following certificates.

(1) Agriculture, Food, and Natural Resources: Grades 6-12.

(2) Agricultural Science and Technology: Grades 6-12.

(3) Any vocational agriculture certificate.

(b) Subject to the requirements in subsection (c) of this section, an assignment for Practicum in Agriculture, Food, and Natural Resources or Extended Practicum in Agriculture, Food, and Natural Resources, Grades 9-12, is allowed with one of the following certificates.

(1) Agriculture, Food, and Natural Resources: Grades 6-12.

(2) Agricultural Science and Technology: Grades 6-12.

(3) Any vocational agriculture certificate.

(c) The school district is responsible for ensuring that each teacher assigned to Practicum in Agriculture, Food, and Natural Resources or Extended Practicum in Agriculture, Food, and Natural Resources, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.

§231.283.Advanced Animal Science and Advanced Plant and Soil Science, Grades 9-12.

(a) Subject to the requirements in subsection (b) of this section, an assignment for Advanced Animal Science or Advanced Plant and Soil Science, Grades 9-12, is allowed with one of the following certificates.

(1) Agriculture, Food, and Natural Resources: Grades 6-12.

(2) Agricultural Science and Technology: Grades 6-12.

(3) Any vocational agriculture certificate.

(4) Life Science: Grades 7-12.

(5) Life Science: Grades 8-12.

(6) Master Science Teacher (Grades 8-12).

(7) Science: Grades 7-12.

(8) Science: Grades 8-12.

(9) Secondary Biology (Grades 6-12).

(10) Secondary Science, Composite (Grades 6-12).

(b) All teachers assigned to these courses shall participate in Texas Education Agency-approved training prior to teaching these courses effective with the 2013-2014 school year. Specific details about the required training can be found at tea.texas.gov/cte.

§231.287.Mathematical Applications in Agriculture, Food, and Natural Resources, Grades 9-12.

(a) Subject to the requirements in subsection (b) of this section, an assignment for Mathematical Applications in Agriculture, Food, and Natural Resources, Grades 9-12, is allowed with one of the following certificates.

(1) Agriculture, Food, and Natural Resources: Grades 6-12.

(2) Agricultural Science and Technology: Grades 6-12.

(3) Any vocational agriculture certificate.

(4) Master Mathematics Teacher (Grades 8-12).

(5) Mathematics: Grades 7-12.

(6) Mathematics: Grades 8-12.

(7) Mathematics/Physical Science/Engineering: Grades 6-12.

(8) Mathematics/Physical Science/Engineering: Grades 8-12.

(9) Physics/Mathematics: Grades 7-12.

(10) Physics/Mathematics: Grades 8-12.

(11) Secondary Mathematics (Grades 6-12).

(b) All teachers assigned to this course shall participate in Texas Education Agency-approved training prior to teaching this course effective with the 2013-2014 school year. Specific details about the required training can be found at tea.texas.gov/cte.

§231.289.Agricultural Equipment [Facilities] Design and Fabrication; Agricultural Structures Design and Fabrication; Agricultural Mechanics and Metal Technologies; Agricultural Power Systems; Oil and Gas Production [Energy and Natural Resources Technology], Grades 9-12.

An assignment for Agricultural Equipment [Facilities ] Design and Fabrication, Agricultural Structures Design and Fabrication, Agricultural Mechanics and Metal Technologies, Agricultural Power Systems, Oil and Gas Production I, or Oil and Gas Production II [or Energy and Natural Resources Technology], Grades 9-12, is allowed with one of the following certificates.

(1) Agriculture, Food, and Natural Resources: Grades 6-12.

(2) Agricultural Science and Technology: Grades 6-12.

(3) Any vocational agriculture certificate.

[(4) Secondary Industrial Arts (Grades 6-12).]

[(5) Secondary Industrial Technology (Grades 6-12).]

[(6) Technology Education: Grades 6-12.]

(4) [(7)] Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(5) [(8)] Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(6) [(9)] Vocational Trades and Industry. This assignment requires appropriate work approval.

§231.291.[Principles and Elements of] Floral Design, Grades 9-12.

An assignment for [Principles and Elements of] Floral Design, Grades 9-12, is allowed with one of the following certificates.

(1) Agriculture, Food, and Natural Resources: Grades 6-12.

(2) Agricultural Science and Technology: Grades 6-12.

[(3) All-Level Art (Prekindergarten-Grade 12).]

(3) [(4)] Any vocational agriculture certificate.

[(5) Art: Early Childhood-Grade 12.]

[(6) Secondary Art (Grades 6-12).]

(4) [(7)] Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(5) [(8)] Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(6) [(9)] Vocational Trades and Industry. This assignment requires appropriate work approval.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 21, 2017.

TRD-201703232

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: October 1, 2017

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


DIVISION 11. ARCHITECTURE AND CONSTRUCTION, GRADES 9-12 ASSIGNMENTS

19 TAC §§231.301, 231.303, 231.305, 231.307, 231.309, 231.313

STATUTORY AUTHORITY. The amendments are proposed under the Texas Education Code (TEC), §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; TEC, §21.031(a), which states that the SBEC shall regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; TEC, §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; and TEC, §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates.

CROSS REFERENCE TO STATUTE. The amendments implement the Texas Education Code, §§21.003(a), 21.031(a), and 21.041(b)(1) and (2).

§231.301.Principles of Architecture; Principles of [and] Construction, Grades 9-12.

An assignment for Principles of Architecture or Principles of [and] Construction, Grades 9-12, is allowed with one of the following certificates.

(1) Any home economics or homemaking certificate.

(2) Family and Consumer Sciences, Composite: Grades 6-12.

(3) Mathematics/Physical Science/Engineering: Grades 6-12.

(4) Mathematics/Physical Science/Engineering: Grades 8-12.

(5) Secondary Industrial Arts (Grades 6-12).

(6) Secondary Industrial Technology (Grades 6-12).

(7) Technology Education: Grades 6-12.

(8) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(9) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(10) Vocational Trades and Industry. This assignment requires appropriate work approval.

§231.303.Interior Design, Grades 9-12.

(a) An assignment for Interior Design I or [Advanced] Interior Design II, Grades 9-12, is allowed with one of the following certificates.

(1) Any home economics or homemaking certificate.

(2) Family and Consumer Sciences, Composite: Grades 6-12.

(b) Subject to the requirements in subsection (c) of this section, an assignment for Practicum in Interior Design or Extended Practicum in Interior Design, Grades 9-12, is allowed with one of the following certificates.

(1) Any home economics or homemaking certificate.

(2) Family and Consumer Sciences, Composite: Grades 6-12.

(c) The school district is responsible for ensuring that each teacher assigned to Practicum in Interior Design or Extended Practicum in Interior Design, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.

§231.305.Architectural Design, Grades 9-12.

(a) An assignment for Architectural Design I or [Advanced] Architectural Design II, Grades 9-12, is allowed with one of the following certificates.

(1) Mathematics/Physical Science/Engineering: Grades 6-12.

(2) Mathematics/Physical Science/Engineering: Grades 8-12.

(3) Secondary Industrial Arts (Grades 6-12).

(4) Secondary Industrial Technology (Grades 6-12).

(5) Technology Education: Grades 6-12.

(6) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(7) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(8) Vocational Trades and Industry. This assignment requires appropriate work approval.

(b) Subject to the requirements in subsection (c) of this section, an assignment for Practicum in Architectural Design or Extended Practicum in Architectural Design, Grades 9-12, is allowed with one of the following certificates.

(1) Mathematics/Physical Science/Engineering: Grades 6-12.

(2) Mathematics/Physical Science/Engineering: Grades 8-12.

(3) Secondary Industrial Arts (Grades 6-12).

(4) Secondary Industrial Technology (Grades 6-12).

(5) Technology Education: Grades 6-12.

(6) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(7) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(8) Vocational Trades and Industry. This assignment requires appropriate work approval.

(c) The school district is responsible for ensuring that each teacher assigned to Practicum in Architectural Design or Extended Practicum in Architectural Design, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.

§231.307.Construction Management; [and] Construction Technology, Grades 9-12.

(a) An assignment for Construction Management I, [Advanced] Construction Management II, Construction Technology I, or [Advanced] Construction Technology II, Grades 9-12, is allowed with one of the following certificates.

(1) Agriculture, Food, and Natural Resources: Grades 6-12.

(2) Agricultural Science and Technology: Grades 6-12.

(3) Any vocational agriculture certificate.

(4) Mathematics/Physical Science/Engineering: Grades 6-12.

(5) Mathematics/Physical Science/Engineering: Grades8-12.

(6) Secondary Industrial Arts (Grades 6-12).

(7) Secondary Industrial Technology (Grades 6-12).

(8) Technology Education: Grades 6-12.

(9) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(10) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(11) Vocational Trades and Industry. This assignment requires appropriate work approval.

(b) Subject to the requirements in subsection (c) of this section, an assignment for Practicum in Construction Management, Practicum in Construction Technology, Extended Practicum in Construction Management, or Extended Practicum in Construction Technology, Grades 9-12, is allowed with one of the following certificates.

(1) Agriculture, Food, and Natural Resources: Grades 6-12.

(2) Agricultural Science and Technology: Grades 6-12.

(3) Any vocational agriculture certificate.

(4) Mathematics/Physical Science/Engineering: Grades 6-12.

(5) Mathematics/Physical Science/Engineering: Grades 8-12.

(6) Secondary Industrial Arts (Grades 6-12).

(7) Secondary Industrial Technology (Grades 6-12).

(8) Technology Education: Grades 6-12.

(9) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(10) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(11) Vocational Trades and Industry. This assignment requires appropriate work approval.

(c) The school district is responsible for ensuring that each teacher assigned to Practicum in Construction Management, Practicum in Construction Technology, Extended Practicum in Construction Management, or Extended Practicum in Construction Technology, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.

§231.309.Building Maintenance Technology, Grades 9-12.

An assignment for Building Maintenance Technology I or [Advanced] Building Maintenance Technology II, Grades 9-12, is allowed with one of the following certificates.

(1) Agriculture, Food, and Natural Resources: Grades 6-12.

(2) Agricultural Science and Technology: Grades 6-12.

(3) Any vocational agriculture certificate.

(4) Secondary Industrial Arts (Grades 6-12).

(5) Secondary Industrial Technology (Grades 6-12).

(6) Technology Education: Grades 6-12.

(7) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(8) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(9) Vocational Trades and Industry. This assignment requires appropriate work approval.

§231.313.Electrical Technology; Heating, Ventilation, and Air Conditioning (HVAC)[,] and Refrigeration Technology; Masonry Technology; and [Piping and] Plumbing Technology, Grades 9-12.

(a) An assignment for Electrical Technology I; [Advanced] Electrical Technology II; Heating, Ventilation, and Air Conditioning (HVAC) and Refrigeration I [Technology]; Heating, Ventilation, and Air Conditioning (HVAC) [Advanced HVAC] and Refrigeration II [Technology]; Masonry Technology I; Masonry Technology II; [Piping and] Plumbing Technology I; or [Advanced Piping and] Plumbing Technology II, Grades 9-12, is allowed with one of the following certificates.

(1) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(2) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(3) Vocational Trades and Industry. This assignment requires appropriate work approval.

(b) Subject to the requirements in subsection (c) of this section, an assignment for Practicum in Masonry Technology or Extended Practicum in Masonry Technology, Grades 9-12, is allowed with one of the following certificates.

(1) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(2) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(3) Vocational Trades and Industry. This assignment requires appropriate work approval.

(c) The school district is responsible for ensuring that each teacher assigned to Practicum in Masonry Technology or Extended Practicum in Masonry Technology, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 21, 2017.

TRD-201703233

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: October 1, 2017

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


DIVISION 12. ARTS, AUDIO/VIDEO TECHNOLOGY, AND COMMUNICATIONS, GRADES 9-12 ASSIGNMENTS

19 TAC §§231.331, 231.333, 231.335, 231.337, 231.339, 231.341, 231.343

STATUTORY AUTHORITY. The amendments are proposed under the Texas Education Code (TEC), §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; TEC, §21.031(a), which states that the SBEC shall regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; TEC, §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; and TEC, §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates.

CROSS REFERENCE TO STATUTE. The amendments implement the Texas Education Code, §§21.003(a), 21.031(a), and 21.041(b)(1) and (2).

§231.331.Professional Communications, Grades 9-12.

An assignment for Professional Communications, Grades 9-12, is allowed with one of the following certificates.

(1) All-Level Speech and Drama/Theatre Arts (Prekindergarten-Grade 12).

(2) Any vocational or career and technical education classroom teaching certificate specified in §233.13 of this title (relating to Career and Technical Education (Certificates not requiring experience and preparation in a skill area)) or §233.14 of this title (relating to Career and Technical Education (Certificates requiring experience and preparation in a skill area)) [with a minimum of a bachelor'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 Coordination Board and six semester credit hours in speech].

(3) Mathematics/Physical Science/Engineering: Grades 6-12. [This assignment requires six semester credit hours in speech.]

(4) Mathematics/Physical Science/Engineering: Grades 8-12. [This assignment requires six semester credit hours in speech.]

(5) Secondary English Language Arts, Composite (Grades 6-12). [This assignment requires six semester credit hours in speech.]

(6) Secondary Speech (Grades 6-12).

(7) Secondary Speech Communications (Grades 6-12).

(8) Speech: Grades 7-12.

(9) Speech: Grades 8-12.

§231.333.Principles of Arts, Audio/Video [Audio Video] Technology, and Communications, Grades 9-12.

An assignment for Principles of Arts, Audio/Video [Audio Video] Technology, and Communications, Grades 9-12, is allowed with one of the following certificates.

(1) Any business or office education certificate.

(2) Business and Finance: Grades 6-12.

(3) Business Education: Grades 6-12.

(4) Secondary Industrial Arts (Grades 6-12).

(5) Secondary Industrial Technology (Grades 6-12).

(6) Technology Applications: Early Childhood-Grade 12.

(7) Technology Applications: Grades 8-12.

(8) Technology Education: Grades 6-12.

(9) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(10) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(11) Vocational Trades and Industry. This assignment requires appropriate work approval.

§231.335.Animation, Grades 9-12.

(a) An assignment for Animation I, Animation I Lab, Animation II, or [Advanced] Animation II Lab, Grades 9-12, is allowed with one of the following certificates.

(1) Any business or office education certificate.

(2) Business and Finance: Grades 6-12.

(3) Business Education: Grades 6-12.

(4) Secondary Industrial Arts (Grades 6-12).

(5) Secondary Industrial Technology (Grades 6-12).

(6) Technology Applications: Early Childhood-Grade 12.

(7) Technology Applications: Grades 8-12.

(8) Technology Education: Grades 6-12.

(9) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(10) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(11) Vocational Trades and Industry. This assignment requires appropriate work approval.

(b) Subject to the requirements in subsection (c) of this section, an assignment for Practicum in Animation or Extended Practicum in Animation, Grades 9-12, is allowed with one of the following certificates.

(1) Any business or office education certificate.

(2) Business and Finance: Grades 6-12.

(3) Business Education: Grades 6-12.

(4) Secondary Industrial Arts (Grades 6-12).

(5) Secondary Industrial Technology (Grades 6-12).

(6) Technology Applications: Early Childhood-Grade 12.

(7) Technology Applications: Grades 8-12.

(8) Technology Education: Grades 6-12.

(9) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(10) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(11) Vocational Trades and Industry. This assignment requires appropriate work approval.

(c) The school district is responsible for ensuring that each teacher assigned to Practicum in Animation or Extended Practicum in Animation, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.

§231.337.Audio/Video [Audio Video] Production; Graphic Design and Illustration, Grades 9-12.

(a) An assignment for Audio/Video [Audio Video] Production I; Audio/Video Production I Lab; Audio/Video Production II; Audio/Video Production II Lab; Digital Audio Technology I; Digital Audio Technology II;[, Advanced Audio Video Production,] Graphic Design and Illustration I; Graphic Design and Illustration I Lab;[, or Advanced] Graphic Design and Illustration II; Graphic Design and Illustration II Lab; or Video Game Design, Grades 9-12, is allowed with one of the following certificates.

(1) Secondary Industrial Arts (Grades 6-12).

(2) Secondary Industrial Technology (Grades 6-12).

(3) Technology Applications: Early Childhood-Grade 12.

(4) Technology Applications: Grades 8-12.

(5) Technology Education: Grades 6-12.

(6) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(7) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(8) Vocational Trades and Industry. This assignment requires appropriate work approval.

(b) Subject to the requirements in subsection (c) of this section, an assignment for Practicum in Audio/Video [Audio Video] Production, [or] Practicum in Graphic Design and Illustration, Extended Practicum in Audio/Video Production, or Extended Practicum in Graphic Design and Illustration, Grades 9-12, is allowed with one of the following certificates.

(1) Secondary Industrial Arts (Grades 6-12).

(2) Secondary Industrial Technology (Grades 6-12).

(3) Technology Applications: Early Childhood-Grade 12.

(4) Technology Applications: Grades 8-12.

(5) [(3)] Technology Education: Grades 6-12.

(6) [(4)] Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(7) [(5)] Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(8) [(6)] Vocational Trades and Industry. This assignment requires appropriate work approval.

(c) The school district is responsible for ensuring that each teacher assigned to Practicum in Audio/Video [Audio Video] Production, Practicum in Graphic Design and Illustration, Extended Practicum in Audio/Video Production, or Extended Practicum in Graphic Design and Illustration, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.

§231.339.Photography, Grades 9-12.

(a) An assignment for Commercial Photography I, Commercial Photography I Lab, Commercial Photography II, or [Advanced] Commercial Photography II Lab, Grades 9-12, is allowed with one of the following certificates.

(1) Art (Early Childhood-Grade 12).

(2) Art: Junior High School (Grades 9-10 only), High School, Secondary.

(3) Art (Grades 6-12, Grades 9-12, or All-Level).

(4) [(1)] Secondary Industrial Arts (Grades 6-12).

(5) [(2)] Secondary Industrial Technology (Grades 6-12).

(6) [(3)] Technology Education: Grades 6-12.

(7) [(4)] Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(8) [(5)] Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(9) [(6)] Vocational Trades and Industry. This assignment requires appropriate work approval.

(b) Subject to the requirements in subsection (c) of this section, an assignment for Practicum in Commerical Photography or Extended Practicum in Commercial Photography, Grades 9-12, is allowed with one of the following certificates.

(1) Secondary Industrial Arts (Grades 6-12).

(2) Secondary Industrial Technology (Grades 6-12).

(3) Technology Education: Grades 6-12.

(4) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(5) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(6) Vocational Trades and Industry. This assignment requires appropriate work approval.

(c) The school district is responsible for ensuring that each teacher assigned to Practicum in Commercial Photography or Extended Practicum in Commercial Photography, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.

§231.341.Printing and Imaging Technology, Grades 9-12.

(a) An assignment for Printing and Imaging Technology I, Printing and Imaging Technology I Lab, Printing and Imaging Technology II, or [Advanced] Printing and Imaging Technology II Lab, Grades 9-12, is allowed with one of the following certificates.

(1) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(2) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(3) Vocational Trades and Industry. This assignment requires appropriate work approval.

(b) Subject to the requirements in subsection (c) of this section, an assignment for Practicum in Printing and Imaging Technology or Extended Practicum in Printing and Imaging Technology, Grades 9-12, is allowed with one of the following certificates.

(1) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(2) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(3) Vocational Trades and Industry. This assignment requires appropriate work approval.

(c) The school district is responsible for ensuring that each teacher assigned to Practicum in Printing and Imaging Technology or Extended Practicum in Printing and Imaging Technology, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.

§231.343.Fashion Design, Grades 9-12.

(a) An assignment for Fashion Design I, Fashion Design I Lab, Fashion Design II, or [Advanced] Fashion Design II Lab, Grades 9-12, is allowed with one of the following certificates.

(1) Any home economics or homemaking certificate.

(2) Family and Consumer Sciences, Composite: Grades 6-12.

(b) Subject to the requirements in subsection (c) of this section, an assignment for Practicum in Fashion Design or Extended Practicum in Fashion Design, Grades 9-12, is allowed with one of the following certificates.

(1) Any home economics or homemaking certificate.

(2) Family and Consumer Sciences, Composite: Grades6-12.

(c) The school district is responsible for ensuring that each teacher assigned to Practicum in Fashion Design or Extended Practicum in Fashion Design, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 21, 2017.

TRD-201703236

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: October 1, 2017

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


DIVISION 13. BUSINESS MANAGEMENT AND ADMINISTRATION, GRADES 9-12 ASSIGNMENTS

19 TAC §§231.361, 231.363, 231.365

STATUTORY AUTHORITY. The amendments are proposed under the Texas Education Code (TEC), §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; TEC, §21.031(a), which states that the SBEC shall regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; TEC, §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; and TEC, §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates.

CROSS REFERENCE TO STATUTE. The amendments implement the Texas Education Code, §§21.003(a), 21.031(a), and 21.041(b)(1) and (2).

§231.361.Business Information Management; Business Law; and Touch System Data Entry, Grades 9-12.

(a) An assignment for Business Information Management I and II, Business Law, or Touch System Data Entry, Grades 9-12, is allowed with one of the following certificates.

(1) Any business or office education certificate.

(2) Business and Finance: Grades 6-12.

(3) Business Education: Grades 6-12.

(b) Subject to the requirements in subsection (c) of this section, an assignment for Practicum in Business Management or Extended Practicum in Business Management, Grades 9-12, is allowed with one of the following certificates.

(1) Any business or office education certificate.

(2) Business and Finance: Grades 6-12.

(3) Business Education: Grades 6-12.

(c) The school district is responsible for ensuring that each teacher assigned to Practicum in Business Management or Extended Practicum in Business Management, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.

§231.363.Business Management; Business Lab; Global Business; Human Resources Management; Principles of Business, Marketing, and Finance; and Virtual Business, Grades 9-12.

An assignment for Business Management; Business Lab; Global Business; Human Resources Management; Principles of Business, Marketing, and Finance; or Virtual Business, Grades 9-12, is allowed with one of the following certificates.

(1) Any business or office education certificate.

(2) Any marketing or distributive education certificate.

(3) Business and Finance: Grades 6-12.

(4) Business Education: Grades 6-12.

(5) Marketing: Grades 6-12.

(6) Marketing Education: Grades 8-12.

§231.365.Business English, Grades 9-12.

(a) An assignment for Business English, Grades 9-12, is allowed with one of the following certificates.

(1) Any business or office education certificate.

(2) Business and Finance: Grades 6-12.

(3) Business Education: Grades 6-12.

(4) English Language Arts and Reading: Grades 7-12.

(5) English Language Arts and Reading: Grades 8-12.

(6) Grades 6-12 or Grades 9-12--English.

(7) Grades 6-12 or Grades 9-12--English Language Arts, Composite.

(8) Junior High School (Grades 9-10 only) or High School--English.

(9) Junior High School (Grades 9-10 only) or High School--English Language Arts, Composite.

(10) Secondary English (Grades 6-12).

(11) Secondary English Language Arts, Composite (Grades 6-12).

(b) All teachers assigned to this course shall participate in Texas Education Agency-approved training prior to teaching this course effective with the 2018-2019 school year. Specific details about the required training can be found at tea.texas.gov/cte.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 21, 2017.

TRD-201703238

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: October 1, 2017

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


DIVISION 14. EDUCATION AND TRAINING, GRADES 9-12 ASSIGNMENTS

19 TAC §231.381

STATUTORY AUTHORITY. The amendment is proposed under the Texas Education Code (TEC), §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; TEC, §21.031(a), which states that the SBEC shall regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; TEC, §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; and TEC, §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates.

CROSS REFERENCE TO STATUTE. The amendment implements the Texas Education Code, §§21.003(a), 21.031(a), and 21.041(b)(1) and (2).

§231.381.Education and Training, Grades 9-12.

(a) An assignment for Instructional Practices [in Education and Training] or Principles of Education and Training, Grades 9-12, is allowed with one of the following certificates.

(1) Any home economics or homemaking certificate.

(2) Family and Consumer Sciences, Composite: Grades 6-12.

(3) Human Development and Family Studies: Grades 8-12.

(b) Subject to the requirements in subsection (c) of this section, an assignment for Practicum in Education and Training or Extended Practicum in Education and Training, Grades 9-12, is allowed with one of the following certificates.

(1) Any home economics or homemaking certificate.

(2) Family and Consumer Sciences, Composite: Grades 6-12.

(3) Human Development and Family Studies: Grades 8-12.

(c) The school district is responsible for ensuring that each teacher assigned to Practicum in Education and Training or Extended Practicum in Education and Training, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 21, 2017.

TRD-201703240

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: October 1, 2017

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


DIVISION 15. FINANCE, GRADES 9-12 ASSIGNMENTS

19 TAC §§231.393 - 231.395, 231.397

STATUTORY AUTHORITY. The amendments and new section are proposed under the Texas Education Code (TEC), §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; TEC, §21.031(a), which states that the SBEC shall regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; TEC, §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; and TEC, §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates.

CROSS REFERENCE TO STATUTE. The amendments and new section implement the Texas Education Code, §§21.003(a), 21.031(a), and 21.041(b)(1) and (2).

§231.393.Accounting I; Financial Analysis; Insurance Operations; and Securities and Investments, Grades 9-12.

An assignment for Accounting I; [Accounting II;] Financial Analysis; Insurance Operations; and Securities and Investments, Grades 9-12, is allowed with one of the following certificates.

(1) Any business or office education certificate.

(2) Business and Finance: Grades 6-12.

(3) Business Education: Grades 6-12.

§231.394.Statistics and Business Decision Making [Risk Management], Grades 9-12.

(a) Subject to the requirements in subsection (b) of this section, an assignment for Statistics and Business Decision Making [Risk Management], Grades 9-12, is allowed with one of the following certificates.

(1) Any business or office education certificate.

(2) Business and Finance: Grades 6-12.

(3) Business Education: Grades 6-12.

(4) Master Mathematics Teacher (Grades 8-12).

(5) Mathematics: Grades 7-12.

(6) Mathematics: Grades 8-12.

(7) Mathematics/Physical Science/Engineering: Grades 6-12.

(8) Mathematics/Physical Science/Engineering: Grades 8-12.

(9) Physics/Mathematics: Grades 7-12.

(10) Physics/Mathematics: Grades 8-12.

(11) Secondary Mathematics (Grades 6-12).

(b) All teachers assigned to this course shall participate in Texas Education Agency-approved training prior to teaching this course effective with the 2013-2014 school year. Specific details about the required training can be found at tea.texas.gov/cte.

§231.395.Financial Mathematics, Grades 9-12.

(a) An assignment for Financial Mathematics, Grades 9-12, is allowed with one of the following certificates.

(1) Any business or office education certificate.

(2) Business and Finance: Grades 6-12.

(3) Business Education: Grades 6-12.

(4) Master Mathematics Teacher (Grades 8-12).

(5) Mathematics: Grades 7-12.

(6) Mathematics: Grades 8-12.

(7) Mathematics/Physical Science/Engineering: Grades 6-12.

(8) Mathematics/Physical Science/Engineering: Grades 8-12.

(9) Physics/Mathematics: Grades 7-12.

(10) Physics/Mathematics: Grades 8-12.

(11) Secondary Mathematics (Grades 6-12).

(b) All teachers assigned to this course shall participate in Texas Education Agency-approved training prior to teaching this course effective with the 2018-2019 school year. Specific details about the required training can be found at tea.texas.gov/cte.

§231.397.Accounting II, Grades 9-12.

(a) Subject to the requirements in subsection (b) of this section, an assignment for Accounting II, Grades 9-12, is allowed with one of the following certificates.

(1) Any business or office education certificate.

(2) Business and Finance: Grades 6-12.

(3) Business Education: Grades 6-12.

(b) All teachers assigned to this course shall participate in Texas Education Agency-approved training prior to teaching this course effective with the 2018-2019 school year. Specific details about the required training can be found at tea.texas.gov/cte.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 21, 2017.

TRD-201703241

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: October 1, 2017

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


DIVISION 16. GOVERNMENT AND PUBLIC ADMINISTRATION, GRADES 9-12 ASSIGNMENTS

19 TAC §231.401, §231.403

STATUTORY AUTHORITY. The amendments are proposed under the Texas Education Code (TEC), §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; TEC, §21.031(a), which states that the SBEC shall regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; TEC, §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; and TEC, §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates.

CROSS REFERENCE TO STATUTE. The amendments implement the Texas Education Code, §§21.003(a), 21.031(a), and 21.041(b)(1) and (2).

§231.401.Government and Public Administration, Grades 9-12.

(a) An assignment for Foreign Service and Diplomacy, Planning and Governance, Political Science I and II, Principles of Government and Public Administration, or Public Management and Administration, Grades 9-12, is allowed with one of the following.

(1) Grades 6-12 or Grades 9-12--Government.

(2) Grades 6-12 or Grades 9-12--Social Studies.

(3) Junior High School (Grades 9-10 only) or High School--Government-Political Science.

(4) Junior High School (Grades 9-10 only) or High School--Social Science, Composite.

(5) Secondary Government (Grades 6-12).

(6) Secondary Political Science (Grades 6-12).

(7) Secondary Social Science, Composite (Grades 6-12).

(8) Secondary Social Studies, Composite (Grades 6-12).

(9) Social Studies: Grades 7-12.

(10) Social Studies: Grades 8-12.

(11) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(12) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(13) Vocational Trades and Industry. This assignment requires appropriate work approval.

(b) Subject to the requirements in subsection (c) of this section, an assignment for Practicum in Local, State, and Federal Government or Extended Practicum in Local, State, and Federal Government, Grades 9-12, is allowed with one of the following certificates.

(1) Grades 6-12 or Grades 9-12--Government.

(2) Grades 6-12 or Grades 9-12--Social Studies.

(3) Junior High School (Grades 9-10 only) or High School--Government-Political Science.

(4) Junior High School (Grades 9-10 only) or High School--Social Science, Composite.

(5) Secondary Government (Grades 6-12).

(6) Secondary Political Science (Grades 6-12).

(7) Secondary Social Science, Composite (Grades 6-12).

(8) Secondary Social Studies, Composite (Grades 6-12).

(9) Social Studies: Grades 7-12.

(10) Social Studies: Grades 8-12.

(11) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(12) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(13) Vocational Trades and Industry. This assignment requires appropriate work approval.

(c) The school district is responsible for ensuring that each teacher assigned to Practicum in Local, State, and Federal Government or Extended Practicum in Local, State, and Federal Government, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.

§231.403.Revenue, Taxation, and Regulation, Grades 9-12.

An assignment for Revenue, Taxation, and Regulation, Grades 9-12, is allowed with one of the following certificates.

(1) Any business or office education certificate.

(2) Business and Finance: Grades 6-12.

(3) Business Education: Grades 6-12.

(4) Grades 6-12 or Grades 9-12--Social Studies.

(5) Junior High School (Grades 9-10 only) or High School--Social Science, Composite.

(6) Secondary Social Science, Composite (Grades 6-12).

(7) Secondary Social Studies, Composite (Grades 6-12).

(8) Social Studies: Grades 7-12.

(9) Social Studies: Grades 8-12.

(10) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(11) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(12) Vocational Trades and Industry. This assignment requires appropriate work approval.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 21, 2017.

TRD-201703243

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: October 1, 2017

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


DIVISION 17. HEALTH SCIENCE, GRADES 9-12 ASSIGNMENTS

19 TAC §§231.421, 231.423, 231.425, 231.427

STATUTORY AUTHORITY. The amendments and new sections are proposed under the Texas Education Code (TEC), §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; TEC, §21.031(a), which states that the SBEC shall regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; TEC, §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; and TEC, §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates.

CROSS REFERENCE TO STATUTE. The amendments and new sections implement the Texas Education Code, §§21.003(a), 21.031(a), and 21.041(b)(1) and (2).

§231.421.Health Science, Grades 9-12.

(a) An assignment for Health Science Theory, Health Science Clinical, Medical Terminology, Pharmacology, Principles of Health Science, or World Health Research, Grades 9-12, is allowed with one of the following certificates.

(1) Health Science: Grades 6-12.

(2) Health Science Technology Education: Grades 8-12.

(3) Vocational Health Occupations.

(4) Vocational Health Science Technology.

(b) Subject to the requirements in subsection (c) of this section, an assignment for Practicum in Health Science or Extended Practicum in Health Science, Grades 9-12, is allowed with one of the following certificates.

(1) Health Science: Grades 6-12.

(2) Health Science Technology Education: Grades 8-12.

(3) Vocational Health Occupations.

(4) Vocational Health Science Technology.

(c) The school district is responsible for ensuring that each teacher assigned to Practicum in Health Science or Extended Practicum in Health Science, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.

§231.423.Anatomy and Physiology, Medical Microbiology, and Pathophysiology, Grades 9-12.

(a) An assignment for Anatomy and Physiology, Medical Microbiology, or Pathophysiology, Grades 9-12, is allowed with one of the following certificates.

(1) Secondary Biology (Grades 6-12).

(2) Secondary Science (Grades 6-12).

(3) Secondary Science, Composite (Grades 6-12).

(4) Health Science: Grades 6-12. This assignment requires a bachelor's degree.

(5) Health Science Technology Education: Grades 8-12. This assignment requires a bachelor's degree.

(6) Life Science: Grades 7-12.

(7) Life Science: Grades 8-12.

(8) Master Science Teacher (Grades 8-12).

(9) Science: Grades 7-12.

(10) Science: Grades 8-12.

(11) Vocational Health Occupations. This assignment requires a bachelor's degree.

(12) Vocational Health Science Technology. This assignment requires a bachelor's degree.

(b) All teachers assigned to this course shall participate in Texas Education Agency-approved training prior to teaching this course effective with the 2018-2019 school year. Specific details about the required training can be found at tea.texas.gov/cte.

§231.425.Mathematics for Medical Professionals, Grades 9-12.

(a) An assignment for Mathematics for Medical Professionals, Grades 9-12, is allowed with one of the following certificates.

(1) Health Science: Grades 6-12. This assignment requires a bachelor's degree.

(2) Health Science Technology Education: Grades 8-12. This assignment requires a bachelor's degree.

(3) Vocational Health Occupations. This assignment requires a bachelor's degree.

(4) Vocational Health Science Technology. This assignment requires a bachelor's degree.

(5) Master Mathematics Teacher (Grades 8-12).

(6) Mathematics: Grades 7-12.

(7) Mathematics: Grades 8-12.

(8) Mathematics/Physical Science/Engineering: Grades 6-12.

(9) Mathematics/Physical Science/Engineering: Grades 8-12.

(10) Physics/Mathematics: Grades 7-12.

(11) Physics/Mathematics: Grades 8-12.

(12) Secondary Mathematics.

(b) All teachers assigned to this course shall participate in Texas Education Agency-approved training prior to teaching this course effective with the 2018-2019 school year. Specific details about the required training can be found at tea.texas.gov/cte.

§231.427.Health Informatics, Grades 9-12.

An assignment for Health Informatics, Grades 9-12, is allowed with one of the following certificates.

(1) Health Science: Grades 6-12.

(2) Health Science Technology Education: Grades 8-12.

(3) Vocational Health Occupations.

(4) Vocational Health Science Technology.

(5) Any business or office education certificate.

(6) Business and Finance: Grades 6-12.

(7) Business Education: Grades 6-12.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 21, 2017.

TRD-201703244

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: October 1, 2017

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


DIVISION 18. HOSPITALITY AND TOURISM, GRADES 9-12 ASSIGNMENTS

19 TAC §§231.441, 231.443, 231.445

STATUTORY AUTHORITY. The amendments are proposed under the Texas Education Code (TEC), §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; TEC, §21.031(a), which states that the SBEC shall regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; TEC, §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; and TEC, §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates.

CROSS REFERENCE TO STATUTE. The amendments implement the Texas Education Code, §§21.003(a), 21.031(a), and 21.041(b)(1) and (2).

§231.441.Hospitality and Tourism, Grades 9-12.

(a) An assignment for Hospitality Services, Hotel Management, Principles of Hospitality and Tourism, [Restaurant Management,] or Travel and Tourism Management, Grades 9-12, is allowed with one of the following certificates.

(1) Any home economics or homemaking certificate.

(2) Any marketing or distributive education certificate.

(3) Family and Consumer Sciences, Composite: Grades 6-12.

(4) Hospitality, Nutrition, and Food Sciences: Grades 8-12.

(5) Marketing: Grades 6-12.

(6) Marketing Education: Grades 8-12.

(7) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(8) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(9) Vocational Trades and Industry. This assignment requires appropriate work approval.

(b) Subject to the requirements in subsection (c) of this section, an assignment for Practicum in Hospitality Services or Extended Practicum in Hospitality Services, Grades 9-12, is allowed with one of the following certificates.

(1) Any home economics or homemaking certificate.

(2) Any marketing or distributive education certificate.

(3) Family and Consumer Sciences, Composite: Grades 6-12.

(4) Hospitality, Nutrition, and Food Sciences: Grades 8-12.

(5) Marketing: Grades 6-12.

(6) Marketing Education: Grades 8-12.

(7) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(8) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(9) Vocational Trades and Industry. This assignment requires appropriate work approval.

(c) The school district is responsible for ensuring that each teacher assigned to Practicum in Hospitality Services or Extended Practicum in Hospitality Services, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.

§231.443.Culinary Arts, Grades 9-12.

(a) An assignment for Introduction to Culinary Arts, Culinary Arts, or Advanced Culinary Arts, Grades 9-12, is allowed with one of the following certificates.

(1) Any home economics or homemaking certificate.

(2) Family and Consumer Sciences, Composite: Grades 6-12.

(3) Hospitality, Nutrition, and Food Sciences: Grades 8-12.

(4) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(5) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(6) Vocational Trades and Industry. This assignment requires appropriate work approval.

(b) Subject to the requirements in subsection (c) of this section, an assignment for Practicum in Culinary Arts or Extended Practicum in Culinary Arts, Grades 9-12, is allowed with one of the following certificates.

(1) Any home economics or homemaking certificate.

(2) Family and Consumer Sciences, Composite: Grades 6-12.

(3) Hospitality, Nutrition, and Food Sciences: Grades 8-12.

(4) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(5) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(6) Vocational Trades and Industry. This assignment requires appropriate work approval.

(c) The school district is responsible for ensuring that each teacher assigned to Practicum in Culinary Arts or Extended Practicum in Culinary Arts, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.

§231.445.Food Science, Grades 9-12.

(a) Subject to the requirements in subsection (b) of this section, an assignment for Food Science, Grades 9-12, is allowed with one of the following certificates.

(1) Any home economics or homemaking certificate.

(2) Chemistry: Grades 7-12.

(3) Chemistry: Grades 8-12.

(4) Family and Consumer Sciences, Composite: Grades 6-12.

(5) Hospitality, Nutrition, and Food Sciences: Grades 8-12.

(6) Life Science: Grades 7-12.

(7) Life Science: Grades 8-12.

(8) Master Science Teacher (Grades 8-12).

(9) Science: Grades 7-12.

(10) Science: Grades 8-12.

(11) Secondary Biology (Grades 6-12).

(12) Secondary Chemistry (Grades 6-12).

(13) Secondary Science (Grades 6-12).

(14) Secondary Science, Composite (Grades 6-12).

(b) All teachers assigned to this course shall participate in Texas Education Agency-approved training prior to teaching this course effective with the 2013-2014 school year. Specific details about the required training can be found at tea.texas.gov/cte.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 21, 2017.

TRD-201703246

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: October 1, 2017

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


DIVISION 19. HUMAN SERVICES, GRADES 9-12 ASSIGNMENTS

19 TAC §231.461, §231.469

STATUTORY AUTHORITY. The amendments are proposed under the Texas Education Code (TEC), §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; TEC, §21.031(a), which states that the SBEC shall regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; TEC, §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; and TEC, §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates.

CROSS REFERENCE TO STATUTE. The amendments implement the Texas Education Code, §§21.003(a), 21.031(a), and 21.041(b)(1) and (2).

§231.461.Human Services, Grades 9-12.

(a) An assignment for Child Development, Child Guidance, Family and Community Services, Interpersonal Studies, or Principles of Human Services, Grades 9-12, is allowed with one of the following certificates.

(1) Any home economics or homemaking certificate.

(2) Family and Consumer Sciences, Composite: Grades 6-12.

(3) Human Development and Family Studies: Grades 8-12.

(b) Subject to the requirements in subsection (c) of this section, an assignment for Practicum in Human Services or Extended Practicum in Human Services, Grades 9-12, is allowed with one of the following certificates.

(1) Any home economics or homemaking certificate.

(2) Family and Consumer Sciences, Composite: Grades 6-12.

(3) Human Development and Family Studies: Grades 8-12.

(c) The school district is responsible for ensuring that each teacher assigned to Practicum in Human Services or Extended Practicum in Human Services, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.

§231.469.Cosmetology, Grades 9-12.

An assignment for Introduction to Cosmetology, Cosmetology I, [or] Cosmetology II, or Principles of Cosmetology Design and Color Theory, Grades 9-12, is allowed with one of the following certificates plus a valid license as a cosmetology instructor issued by the Texas Department of Licensing and Regulation.

(1) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(2) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(3) Vocational Trades and Industry. This assignment requires appropriate work approval.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 21, 2017.

TRD-201703247

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: October 1, 2017

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


DIVISION 20. INFORMATION TECHNOLOGY, GRADES 9-12 ASSIGNMENTS

19 TAC §§231.481, 231.483, 231.485, 231.487, 231.489

STATUTORY AUTHORITY. The amendments are proposed under the Texas Education Code (TEC), §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; TEC, §21.031(a), which states that the SBEC shall regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; TEC, §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; and TEC, §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates.

CROSS REFERENCE TO STATUTE. The amendments implement the Texas Education Code, §§21.003(a), 21.031(a), and 21.041(b)(1) and (2).

§231.481.Information Technology, Grades 9-12.

An assignment for Principles of Information Technology, Networking, or Networking Lab [Research in Information Technology Solutions, or Telecommunications and Networking], Grades 9-12, is allowed with one of the following certificates.

(1) Any business or office education certificate.

(2) Business and Finance: Grades 6-12.

(3) Business Education: Grades 6-12.

(4) Secondary Industrial Arts (Grades 6-12).

(5) Secondary Industrial Technology (Grades 6-12).

(6) Technology Applications: Early Childhood-Grade 12.

(7) Technology Applications: Grades 8-12.

(8) Technology Education: Grades 6-12.

(9) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(10) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(11) Vocational Trades and Industry. This assignment requires appropriate work approval.

§231.483.Digital [and Interactive] Media; [or] Web Technologies, Grades 9-12.

An assignment for Digital [and Interactive] Media or Web Technologies, Grades 9-12, is allowed with one of the following certificates.

(1) Any business or office education certificate.

(2) Business and Finance: Grades 6-12.

(3) Business Education: Grades 6-12.

(4) Secondary Industrial Arts (Grades 6-12).

(5) Secondary Industrial Technology (Grades 6-12).

(6) Technology Education: Grades 6-12.

(7) Technology Applications: Early Childhood-Grade 12.

(8) Technology Applications: Grades 8-12.

(9) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(10) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(11) Vocational Trades and Industry. This assignment requires appropriate work approval.

§231.485.Computer Programming, Grades 9-12.

An assignment for Computer Programming I or [Advanced ] Computer Programming II, Grades 9-12, is allowed using one of the following certificates.

(1) Any business or office education certificate.

(2) Business and Finance: Grades 6-12.

(3) Business Education: Grades 6-12.

(4) Computer Science: Grades 8-12.

(5) Secondary Computer Information Systems (Grades 6-12).

(6) Secondary Industrial Arts (Grades 6-12).

(7) Secondary Industrial Technology (Grades 6-12).

(8) Technology Applications: Early Childhood-Grade 12.

(9) Technology Applications: Grades 8-12.

(10) [(8)] Technology Education: Grades 6-12.

(11) [(9)] Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(12) [(10)] Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(13) [(11)] Vocational Trades and Industry. This assignment requires appropriate work approval.

§231.487.Computer Maintenance, Grades 9-12.

An assignment for Computer Maintenance or Computer Maintenance Lab, Grades 9-12, is allowed with one of the following certificates.

(1) Secondary Industrial Arts (Grades 6-12).

(2) Secondary Industrial Technology (Grades 6-12).

(3) Technology Education: Grades 6-12.

(4) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(5) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(6) Vocational Trades and Industry. This assignment requires appropriate work approval.

§231.489.Computer Technician; Information Technology, Grades 9-12.

(a) Subject to the requirements in subsection (b) of this section, an [An] assignment for Computer Technician Practicum, Extended Computer Technician Practicum, Practicum in Information Technology, or Extended Practicum in Information Technology, Grades 9-12, is allowed with one of the following certificates.

(1) Secondary Industrial Arts (Grades 6-12).

(2) Secondary Industrial Technology (Grades 6-12).

(3) Technology Education: Grades 6-12.

(4) Technology Applications: Early Childhood-Grade 12.

(5) Technology Applications: Grades 8-12.

(6) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(7) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(8) Vocational Trades and Industry. This assignment requires appropriate work approval.

(b) The school district is responsible for ensuring that each teacher assigned to Computer Technician Practicum, Extended Computer Technician Practicum, Practicum in Information Technology, or Extended Practicum in Information Technology, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 21, 2017.

TRD-201703248

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: October 1, 2017

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


DIVISION 21. LAW, PUBLIC SAFETY, CORRECTIONS, AND SECURITY, GRADES 9-12 ASSIGNMENTS

19 TAC §231.501, §231.503

STATUTORY AUTHORITY. The amendments are proposed under the Texas Education Code (TEC), §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; TEC, §21.031(a), which states that the SBEC shall regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; TEC, §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; and TEC, §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates.

CROSS REFERENCE TO STATUTE. The amendments implement the Texas Education Code, §§21.003(a), 21.031(a), and 21.041(b)(1) and (2).

§231.501.Law, Public Safety, Corrections, and Security, Grades 9-12.

(a) An assignment for Correctional Services; Court Systems and Practices; Criminal Investigations; Federal Law Enforcement and Protective Services; Firefighter I and II; Law Enforcement I and II; or Principles of Law, Public Safety, Corrections, and Security[; or Security Services], Grades 9-12, is allowed with a valid license appropriate for the assignment plus one of the following certificates.

(1) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(2) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(3) Vocational Trades and Industry. This assignment requires appropriate work approval.

(b) Subject to the requirements in subsection (c) of this section, an assignment for Practicum in Law, Public Safety, Corrections, and Security or Extended Practicum in Law, Public Safety, Corrections, and Security, Grades 9-12, is allowed with a current license appropriate for the assignment plus one of the following certificates.

(1) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(2) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(3) Vocational Trades and Industry. This assignment requires appropriate work approval.

(c) The school district is responsible for ensuring that each teacher assigned to Practicum in Law, Public Safety, Corrections, and Security or Extended Practicum in Law, Public Safety, Corrections, and Security, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.

§231.503.Forensic Science, Grades 9-12.

(a) Subject to the requirements in subsection (b) of this section, an assignment for Forensic Science, Grades 9-12, is allowed with one of the following certificates.

(1) Chemistry: Grades 7-12.

(2) Chemistry: Grades 8-12.

(3) Health Science: Grades 6-12. This assignment requires a bachelor's degree.

(4) Health Science Technology Education: Grades 8-12. This assignment requires a bachelor's degree.

(5) Life Science: Grades 7-12.

(6) Life Science: Grades 8-12.

(7) Master Science Teacher (Grades 8-12).

(8) Science: Grades 7-12.

(9) Science: Grades 8-12.

(10) Secondary Biology (Grades 6-12).

(11) Secondary Chemistry (Grades 6-12).

(12) Secondary Science (Grades 6-12).

(13) Secondary Science, Composite (Grades 6-12).

(14) Trade and Industrial Education: Grades 6-12. This assignment requires a bachelor's degree and appropriate work approval.

(15) Trade and Industrial Education: Grades 8-12. This assignment requires a bachelor's degree and appropriate work approval.

(16) Vocational Health Occupations. This assignment requires a bachelor's degree.

(17) Vocational Health Science Technology. This assignment requires a bachelor's degree.

(18) Vocational Trades and Industry. This assignment requires a bachelor's degree and appropriate work approval.

(b) All teachers assigned to this course shall participate in Texas Education Agency-approved training prior to teaching this course effective with the 2013-2014 school year. Specific details about the required training can be found at tea.texas.gov/cte.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 21, 2017.

TRD-201703249

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: October 1, 2017

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


DIVISION 22. MANUFACTURING, GRADES 9-12 ASSIGNMENTS

19 TAC §§231.521, 231.523, 231.525

STATUTORY AUTHORITY. The amendments and new section are proposed under the Texas Education Code (TEC), §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; TEC, §21.031(a), which states that the SBEC shall regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; TEC, §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; and TEC, §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates.

CROSS REFERENCE TO STATUTE. The amendments and new section implement the Texas Education Code, §§21.003(a), 21.031(a), and 21.041(b)(1) and (2).

§231.521.Manufacturing, Grades 9-12.

(a) An assignment for Diversified Manufacturing I, Diversified Manufacturing II, Manufacturing Engineering Technology I, Metal Fabrication and Machining I, Metal Fabrication and Machining II, Precision Metal Manufacturing I, Precision Metal Manufacturing II, Precision Metal Manufacturing II Lab, Principles of Manufacturing[, Precision Metal Manufacturing, Advanced Precision Metal Manufacturing, Flexible Manufacturing, Advanced Flexible Manufacturing, or Manufacturing Engineering], Grades 9-12, is allowed using one of the following certificates.

(1) Mathematics/Physical Science/Engineering: Grades 6-12.

(2) Mathematics/Physical Science/Engineering: Grades 8-12.

(3) Secondary Industrial Arts (Grades 6-12).

(4) Secondary Industrial Technology (Grades 6-12).

(5) Technology Education: Grades 6-12.

(6) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(7) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(8) Vocational Trades and Industry. This assignment requires appropriate work approval.

(b) Subject to the requirements in subsection (c) of this section, an assignment for Practicum in Manufacturing or Extended Practicum in Manufacturing, Grades 9-12, is allowed with one of the following certificates.

(1) Mathematics/Physical Science/Engineering: Grades 6-12.

(2) Mathematics/Physical Science/Engineering: Grades 8-12.

(3) Secondary Industrial Arts (Grades 6-12).

(4) Secondary Industrial Technology (Grades 6-12).

(5) Technology Education: Grades 6-12.

(6) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(7) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(8) Vocational Trades and Industry. This assignment requires appropriate work approval.

(c) The school district is responsible for ensuring that each teacher assigned to Practicum in Manufacturing or Extended Practicum in Manufacturing, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.

§231.523.Welding, Grades 9-12.

An assignment for Introduction to Welding, Welding I, Welding II, or Welding II Lab [or Advanced Welding], Grades 9-12, is allowed with one of the following certificates.

(1) Agriculture, Food, and Natural Resources: Grades 6-12.

(2) Agricultural Science and Technology: Grades 6-12.

(3) Any vocational agriculture certificate.

(4) Secondary Industrial Arts (Grades 6-12).

(5) Secondary Industrial Technology (Grades 6-12).

(6) Technology Education: Grades 6-12.

(7) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(8) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(9) Vocational Trades and Industry. This assignment requires appropriate work approval.

§231.525.Manufacturing Engineering Technology II, Grades 9-12.

(a) An assignment for Manufacturing Engineering Technology II, Grades 9-12, is allowed with one of the following certificates.

(1) Grades 6-12 or Grades 9-12 Mathematics.

(2) Master Mathematics Teacher (Grades 8-12).

(3) Mathematics: Grades 7-12.

(4) Mathematics: Grades 8-12.

(5) Mathematics/Physical Science/Engineering: Grades 6-12.

(6) Mathematics/Physical Science/Engineering: Grades 8-12.

(7) Physics/Mathematics: Grades 7-12.

(8) Physics/Mathematics: Grades 8-12.

(9) Secondary Industrial Arts (Grades 6-12).

(10) Secondary Industrial Arts Technology (Grades 6-12).

(11) Secondary Mathematics.

(12) Technology Education: Grades 6-12.

(13) Trade and Industrial Education: Grades 6-12. This assignment requires a bachelor's degree and appropriate work approval.

(14) Trade and Industrial Education: Grades 8-12. This assignment requires a bachelor's degree and appropriate work approval.

(15) Vocational Trades and Industry. This assignment requires a bachelor's degree and appropriate work approval.

(b) All teachers assigned to this course shall participate in Texas Education Agency-approved training prior to teaching the course effective with the 2018-2019 school year. Specific details about the required training can be found at tea.texas.gov/cte.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 21, 2017.

TRD-201703250

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: October 1, 2017

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


DIVISION 23. MARKETING, GRADES 9-12 ASSIGNMENTS

19 TAC §231.541, §231.543

STATUTORY AUTHORITY. The amendments are proposed under the Texas Education Code (TEC), §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; TEC, §21.031(a), which states that the SBEC shall regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; TEC, §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; and TEC, §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates.

CROSS REFERENCE TO STATUTE. The amendments implement the Texas Education Code, §§21.003(a), 21.031(a), and 21.041(b)(1) and (2).

§231.541.Marketing, Grades 9-12.

(a) An assignment for Social Media Marketing or Sports and Entertainment Marketing, Grades 9-12, is allowed with one of the following certificates.

(1) Any marketing or distributive education certificate.

(2) Marketing: Grades 6-12.

(3) Marketing Education: Grades 8-12.

(b) Subject to the requirements in subsection (c) of this section, an assignment for Advanced Marketing, Practicum in Marketing, or Extended Practicum in Marketing, [Marketing Dynamics or Practicum in Marketing Dynamics,] Grades 9-12, is allowed with one of the following certificates.

(1) Any marketing or distributive education certificate.

(2) Marketing: Grades 6-12.

(3) Marketing Education: Grades 8-12.

(c) The school district is responsible for ensuring that each teacher assigned to Advanced Marketing, Practicum in Marketing, or Extended Practicum in Marketing, [Marketing Dynamics or Practicum in Marketing Dynamics,] Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.

§231.543.Advertising [and Sales Promotion ], Grades 9-12.

An assignment for Advertising [and Sales Promotion], Grades 9-12, is allowed with one of the following certificates.

(1) Any marketing or distributive education certificate.

(2) Marketing: Grades 6-12.

(3) Marketing Education: Grades 8-12.

(4) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(5) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(6) Vocational Trades and Industry. This assignment requires appropriate work approval.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 21, 2017.

TRD-201703251

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: October 1, 2017

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


19 TAC §231.549

STATUTORY AUTHORITY. The repeal is proposed under the Texas Education Code (TEC), §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; TEC, §21.031(a), which states that the SBEC shall regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; TEC, §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; and TEC, §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates.

CROSS REFERENCE TO STATUTE. The repeal implements the Texas Education Code, §§21.003(a), 21.031(a), and 21.041(b)(1) and (2).

§231.549.Retailing and E-tailing, Grades 9-12.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 21, 2017.

TRD-201703252

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: October 1, 2017

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


DIVISION 24. SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS, GRADES 9-12 ASSIGNMENTS

19 TAC §§231.561, 231.563, 231.565, 231.567, 231.569, 231.571, 231.573, 231.575, 231.577, 231.579, 231.581, 231.583

STATUTORY AUTHORITY. The amendments and new section are proposed under the Texas Education Code (TEC), §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; TEC, §21.031(a), which states that the SBEC shall regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; TEC, §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; and TEC, §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates.

CROSS REFERENCE TO STATUTE. The amendments and new section implement the Texas Education Code, §§21.003(a), 21.031(a), and 21.041(b)(1) and (2).

§231.561.Principles [Concepts ] of Applied Engineering [and Technology], Grades 9-12.

An assignment for Principles [Concepts] of Applied Engineering [and Technology], Grades 9-12, is allowed with one of the following certificates.

(1) Agriculture, Food, and Natural Resources: Grades 6-12.

(2) Agricultural Science and Technology: Grades 6-12.

(3) Any vocational agriculture certificate.

(4) Health Science: Grades 6-12.

(5) Health Science Technology Education: Grades 8-12.

(6) Mathematics/Physical Science/Engineering: Grades 6-12.

(7) Mathematics/Physical Science/Engineering: Grades 8-12.

(8) Science, Technology, Engineering, and Mathematics: Grades 6-12.

(9) Secondary Industrial Arts (Grades 6-12).

(10) Secondary Industrial Technology (Grades 6-12).

(11) Technology Education: Grades 6-12.

(12) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(13) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(14) Vocational Health Occupations.

(15) Vocational Health Science Technology.

(16) Vocational Trades and Industry. This assignment requires appropriate work approval.

§231.563.Principles of Biosciences [Biotechnology], Grades 9-12.

An assignment for Principles of Biosciences [Biotechnology ], Grades 9-12, is allowed with one of the following certificates.

(1) Agriculture, Food, and Natural Resources: Grades 6-12.

(2) Agricultural Science and Technology: Grades 6-12.

(3) Any vocational agriculture certificate.

(4) Health Science: Grades 6-12.

(5) Health Science Technology Education: Grades 8-12.

(6) Mathematics/Physical Science/Engineering: Grades 6-12.

(7) Mathematics/Physical Science/Engineering: Grades 8-12.

(8) Science, Technology, Engineering, and Mathematics: Grades 6-12.

(9) Secondary Industrial Technology (Grades 6-12).

(10) Secondary Industrial Arts (Grades 6-12).

(11) Technology Education: Grades 6-12.

(12) Vocational Health Occupations.

(13) Vocational Health Science Technology.

§231.565.[Advanced] Biotechnology I; Biotechnology II, Grades 9-12.

(a) Subject to the requirements in subsection (b) of this section, an assignment for [Advanced] Biotechnology I or Biotechnology II, Grades 9-12, is allowed with one of the following certificates.

(1) Agriculture, Food, and Natural Resources: Grades 6-12.

(2) Agricultural Science and Technology: Grades 6-12.

(3) Any vocational agriculture certificate.

(4) Health Science: Grades 6-12. This assignment requires a bachelor's degree.

(5) Health Science Technology Education: Grades 8-12. This assignment requires a bachelor's degree.

(6) Life Science: Grades 7-12.

(7) Life Science: Grades 8-12.

(8) Master Science Teacher (Grades 8-12).

(9) Science: Grades 7-12.

(10) Science: Grades 8-12.

(11) Science, Technology, Engineering, and Mathematics: Grades 6-12.

(12) Secondary Biology (Grades 6-12).

(13) Secondary Science (Grades 6-12).

(14) Secondary Science, Composite (Grades 6-12).

(15) Vocational Health Occupations. This assignment requires a bachelor's degree.

(16) Vocational Health Science Technology. This assignment requires a bachelor's degree.

(b) All teachers assigned to this course shall participate in Texas Education Agency-approved training prior to teaching this course effective with the 2013-2014 school year. Specific details about the required training can be found at tea.texas.gov/cte.

§231.567.Engineering Design and Presentation, Grades 9-12.

(a) An assignment for Engineering Design and Presentation I or [Advanced] Engineering Design and Presentation II, Grades 9-12, is allowed with one of the following certificates.

(1) Mathematics/Physical Science/Engineering: Grades 6-12.

(2) Mathematics/Physical Science/Engineering: Grades 8-12.

(3) Science, Technology, Engineering, and Mathematics: Grades 6-12.

(4) Secondary Industrial Arts (Grades 6-12).

(5) Secondary Industrial Technology (Grades 6-12).

(6) Technology Education: Grades 6-12.

(7) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(8) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(9) Vocational Trades and Industry. This assignment requires appropriate work approval.

(b) Subject to the requirements in subsection (c) of this section, an assignment for Practicum in Science, Technology, Engineering, and Mathematics or Extended Practicum in Science, Technology, Engineering, and Mathematics, Grades 9-12, is allowed with one of the following certificates.

(1) Mathematics/Physical Science/Engineering: Grades 6-12.

(2) Mathematics/Physical Science/Engineering: Grades 8-12.

(3) Science, Technology, Engineering, and Mathematics: Grades 6-12.

(4) Secondary Industrial Arts (Grades 6-12).

(5) Secondary Industrial Technology (Grades 6-12).

(6) Technology Education: Grades 6-12.

(7) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(8) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(9) Vocational Trades and Industry. This assignment requires appropriate work approval.

(c) The school district is responsible for ensuring that each teacher assigned to Practicum in Science, Technology, Engineering, and Mathematics or Extended Practicum in Science, Technology, Engineering, and Mathematics, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety.

§231.569.Engineering Mathematics; Robotics II, Grades 9-12.

(a) Subject to the requirements in subsection (b) of this section, an assignment for Engineering Mathematics or Robotics II, Grades 9-12, is allowed with one of the following certificates.

(1) Master Mathematics Teacher (Grades 8-12).

(2) Mathematics: Grades 7-12.

(3) Mathematics: Grades 8-12.

(4) Mathematics/Physical Science/Engineering: Grades 6-12.

(5) Mathematics/Physical Science/Engineering: Grades 8-12.

(6) Physics/Mathematics: Grades 7-12.

(7) Physics/Mathematics: Grades 8-12.

(8) Science, Technology, Engineering, and Mathematics: Grades 6-12.

(9) Secondary Mathematics (Grades 6-12).

(10) Secondary Industrial Arts (Grades 6-12).

(11) Secondary Industrial Technology (Grades 6-12).

(12) Technology Education: Grades 6-12.

(b) All teachers assigned to this course shall participate in Texas Education Agency-approved training prior to teaching this course effective with the 2018-2019 [2013-2014] school year. Specific details about the required training can be found at tea.texas.gov/cte.

§231.571.AC/DC Electronics; Solid State Electronics [or Robotics and Automation], Grades 9-12.

An assignment for Electronics, AC/DC [Advanced] Electronics, or Solid State Electronics [or Robotics and Automation], Grades 9-12, is allowed with one of the following certificates.

(1) Mathematics/Physical Science/Engineering: Grades 6-12.

(2) Mathematics/Physical Science/Engineering: Grades 8-12.

(3) Science, Technology, Engineering, and Mathematics: Grades 6-12.

(4) Secondary Industrial Arts (Grades 6-12).

(5) Secondary Industrial Technology (Grades 6-12).

(6) Technology Education: Grades 6-12.

(7) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(8) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(9) Vocational Trades and Industry. This assignment requires appropriate work approval.

§231.573.Principles of Technology, Grades 9-12.

(a) Subject to the requirements in subsection (b) of this section, an [An] assignment for Principles of Technology, Grades 9-12, is allowed with one of the following certificates.

(1) Master Science Teacher (Grades 8-12).

(2) Mathematics/Physical Science/Engineering: Grades 6-12.

(3) Mathematics/Physical Science/Engineering: Grades 8-12.

(4) Physical Science: Grades 6-12.

(5) Physical Science: Grades 8-12.

(6) Physics/Mathematics: Grades 7-12.

(7) Physics/Mathematics: Grades 8-12.

(8) Science: Grades 7-12.

(9) Science: Grades 8-12.

(10) Science, Technology, Engineering, and Mathematics: Grades 6-12.

(11) Secondary Industrial Arts (Grades 6-12).

(12) Secondary Industrial Technology (Grades 6-12).

(13) Secondary Physics (Grades 6-12).

(14) Secondary Science, Composite (Grades 6-12).

(15) Technology Education: Grades 6-12.

(b) An assignment for Principles of Technology, Grades 9-12, may also be taught with a vocational agriculture certificate or a trades and industry certificate with verifiable physics applications experience in business and industry, if assigned prior to the 1998-1999 school year. Six semester credit hours of college physics, chemistry, or electricity/electronics may be substituted for the business and industry experience. All teachers assigned to these courses shall participate in Texas Education Agency-approved training prior to teaching these courses effective with the 2018-2019 school year. Specific details about the required training can be found at tea.texas.gov/cte.

§231.575.Engineering Design and Problem Solving, Grades 9-12.

(a) Subject to the requirements in subsection (b) of this section, an assignment for Engineering Design and Problem Solving, Grades 9-12, is allowed with one of the following certificates.

(1) Master Science Teacher (Grades 8-12).

(2) Mathematics/Physical Science/Engineering: Grades 6-12.

(3) Mathematics/Physical Science/Engineering: Grades 8-12.

(4) Physical Science: Grades 6-12.

(5) Physical Science: Grades 8-12.

(6) Physics/Mathematics: Grades 7-12.

(7) Physics/Mathematics: Grades 8-12.

(8) Science: Grades 7-12.

(9) Science: Grades 8-12.

(10) Science, Technology, Engineering, and Mathematics: Grades 6-12.

(11) Secondary Industrial Arts (Grades 6-12).

(12) Secondary Industrial Technology (Grades 6-12).

(13) Secondary Physics (Grades 6-12).

(14) Secondary Science (Grades 6-12).

(15) Secondary Science, Composite (Grades 6-12).

(16) Technology Education: Grades 6-12.

(b) All teachers assigned to this course shall participate in Texas Education Agency-approved training prior to teaching this course effective with the 2013-2014 school year. Specific details about the required training can be found at tea.texas.gov/cte.

§231.577.Scientific Research and Design, Grades 9-12.

(a) Subject to the requirements in subsection (b) of this section, an [An] assignment for Scientific Research and Design, Grades 9-12, is allowed with one of the following certificates.

(1) Any vocational or career and technical education classroom teaching certificate with a bachelor's degree and 18 semester credit hours in any combination of sciences.

(2) Any science certificate valid for the grade level of the assignment.

(3) Master Science Teacher (Grades 8-12).

(4) Science, Technology, Engineering, and Mathematics: Grades 6-12.

(b) All teachers assigned to this course shall participate in Texas Education Agency-approved training prior to teaching this course effective with the 2018-2019 school year. Specific details about the required training can be found at tea.texas.gov/cte.

§231.579.[Principles of] Engineering Science, Grades 9-12.

(a) Subject to the requirements in subsection (b) of this section, an assignment for [Principles of] Engineering Science, Grades 9-12, is allowed with one of the following certificates.

(1) Master Science Teacher (Grades 8-12).

(2) Mathematics/Physical Science/Engineering: Grades 6-12.

(3) Mathematics/Physical Science/Engineering: Grades 8-12.

(4) Physical Science: Grades 6-12.

(5) Physical Science: Grades 8-12.

(6) Physics/Mathematics: Grades 7-12.

(7) Physics/Mathematics: Grades 8-12.

(8) Science: Grades 7-12.

(9) Science: Grades 8-12.

(10) Science, Technology, Engineering, and Mathematics: Grades 6-12.

(11) Secondary Industrial Arts (Grades 6-12).

(12) Secondary Industrial Technology (Grades 6-12).

(13) Secondary Physics (Grades 6-12).

(14) Secondary Science (Grades 6-12).

(15) Secondary Science, Composite (Grades 6-12).

(16) Technology Education: Grades 6-12.

(b) All teachers assigned to [Principles of] Engineering Science shall participate in Texas Education Agency-approved training prior to teaching this course effective with the 2018-2019 school year. Specific details about the required training can be found at tea.texas.gov/cte.

§231.581.Digital Electronics, Grades 9-12.

(a) Subject to the requirements in subsection (b) of this section, an assignment for Digital Electronics, Grades 9-12, is allowed with one of the following certificates.

(1) Master Mathematics Teacher (Grades 8-12).

(2) Mathematics/Physical Science/Engineering: Grades 6-12.

(3) Mathematics/Physical Science/Engineering: Grades 8-12.

(4) Physics/Mathematics: Grades 7-12.

(5) Physics/Mathematics: Grades 8-12.

(6) Science, Technology, Engineering, and Mathematics: Grades 6-12.

(7) Secondary Industrial Arts (Grades 6-12).

(8) Secondary Industrial Technology (Grades 6-12).

(9) Secondary Mathematics (Grades 6-12).

(10) Technology Education: Grades 6-12.

(b) All teachers assigned to Digital Electronics shall participate in Texas Education Agency-approved training prior to teaching this course effective with the 2018-2019 school year. Specific details about the required training can be found at tea.texas.gov/cte.

§231.583.Robotics I, Grades 9-12.

An assignment for Robotics I, Grades 9-12, is allowed with one of the following certificates.

(1) Mathematics/Physical Science/Engineering: Grades 6-12.

(2) Mathematics/Physical Science/Engineering: Grades 8-12.

(3) Science, Technology, Engineering, and Mathematics: Grades 6-12.

(4) Secondary Industrial Arts (Grades 6-12).

(5) Secondary Industrial Technology (Grades 6-12).

(6) Technology Applications: Early Childhood-Grade 12.

(7) Technology Applications: Grades 8-12.

(8) Technology Education: Grades 6-12.

(9) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(10) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(11) Vocational Trades and Industry. This assignment requires appropriate work approval.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 21, 2017.

TRD-201703253

Christina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: October 1, 2017

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


DIVISION 25. TRANSPORTATION, DISTRIBUTION, AND LOGISTICS, GRADES 9-12 ASSIGNMENTS

19 TAC §231.591, §231.595

STATUTORY AUTHORITY. The amendments are proposed under the Texas Education Code (TEC), §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; TEC, §21.031(a), which states that the SBEC shall regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; TEC, §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; and TEC, §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates.

CROSS REFERENCE TO STATUTE. The amendments implement the Texas Education Code, §§21.003(a), 21.031(a), and 21.041(b)(1) and (2).

§231.591.Transportation, Distribution, and Logistics, Grades 9-12.

(a) An assignment for Energy, Power, and Transportation Systems; Aircraft Airframe Technology; Aircraft Powerplant Technology; Automotive Basics; Automotive Technology I: Maintenance and Light Repair; Automotive Technology II: Automotive Service; Advanced Transportation Systems Laboratory; Basic Collision Repair and Refinishing; Collision Repair; Paint and Refinishing; Diesel Equipment Technology I; Diesel Equipment Technology II; Introduction to Aircraft Technology; Principles of Distribution and Logistics; Principles of Transportation Systems; Introduction to Transportation Technology; or Management of Transportation Systems [Logistics, Planning, and Management Systems; Principles of Transportation, Distribution, and Logistics; or Transportation Systems Management], Grades 9-12, is allowed with one of the following certificates.

[(1) Secondary Industrial Arts (Grades 6-12).]

[(2) Secondary Industrial Technology (Grades 6-12).]

[(3) Technology Education: Grades 6-12.]

(1) [(4)] Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(2) [(5)] Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(3) [(6)] Vocational Trades and Industry. This assignment requires appropriate work approval.

(b) Subject to the requirements in subsection (c) of this section, an assignment for Practicum in Transportation Systems, Extended Practicum in Transportation Systems, Practicum in[,] Distribution[,] and Logistics, or Extended Practicum in Distribution and Logistics, Grades 9-12, is allowed with one of the following certificates.

[(1) Secondary Industrial Arts (Grades 6-12).]

[(2) Secondary Industrial Technology (Grades 6-12).]

[(3) Technology Education: Grades 6-12.]

(1) [(4)] Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(2) [(5)] Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(3) [(6)] Vocational Trades and Industry. This assignment requires appropriate work approval.

(c) The school district is responsible for ensuring that each teacher assigned to Practicum in Transportation Systems, Extended Practicum in Transportation Systems, Practicum in[,] Distribution[,] and Logistics, or Extended Practicum in Distribution and Logistics, Grades 9-12, has completed appropriate training in state and federal requirements regarding work-based learning and safety [the content for this course].

§231.595.Small Engine Technology, Grades 9-12.

An assignment for Small Engine Technology I or [Advanced ] Small Engine Technology II, Grades 9-12, is allowed with one of the following certificates.

(1) Agriculture, Food, and Natural Resources: Grades 6-12.

(2) Agricultural Science and Technology: Grades 6-12.

(3) Any vocational agriculture certificate.

(4) Secondary Industrial Arts (Grades 6-12).

(5) Secondary Industrial Technology (Grades 6-12).

(6) Technology Education: Grades 6-12.

(7) Trade and Industrial Education: Grades 6-12. This assignment requires appropriate work approval.

(8) Trade and Industrial Education: Grades 8-12. This assignment requires appropriate work approval.

(9) Vocational Trades and Industry. This assignment requires appropriate work approval.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 21, 2017.

TRD-201703254

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: October 1, 2017

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


19 TAC §231.593

STATUTORY AUTHORITY. The repeal is proposed under the Texas Education Code (TEC), §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; TEC, §21.031(a), which states that the SBEC shall regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; TEC, §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; and TEC, §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates.

CROSS REFERENCE TO STATUTE. The repeal implements the Texas Education Code, §§21.003(a), 21.031(a), and 21.041(b)(1) and (2).

§231.593.Aircraft Technology, Automotive Technology, or Collision Repair and Refinishing, Grades 9-12.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 21, 2017.

TRD-201703255

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: October 1, 2017

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


CHAPTER 232. GENERAL CERTIFICATION PROVISIONS

SUBCHAPTER A. CERTIFICATE RENEWAL AND CONTINUING PROFESSIONAL EDUCATION REQUIREMENTS

19 TAC §232.11

The State Board for Educator Certification (SBEC) proposes an amendment to §232.11, concerning certificate renewal and continuing professional education requirements. The proposed amendment would implement changes resulting from the 85th Texas Legislature, Regular Session, 2017, and would add several topics to the continuing professional education (CPE) requirements for all educators, including classroom teachers and principals.

19 TAC Chapter 232, General Certification Provisions, establishes the renewal requirements relating to types and classes of certificates issued, CPE hours to be completed, and the national criminal history record information review. Classroom teachers are required to participate in 150 hours of CPE activities every five years to maintain their standard certificates. Principals are required to participate in 200 hours of CPE activities every five years to maintain their standard certificates. Educators are required to maintain evidence of their CPE activities. When an educator applies to renew his or her certificate, he or she must verify through an affidavit whether he or she is in compliance with renewal requirements, including CPE activities. When an educator is selected for a CPE audit, the educator must provide Texas Education Agency (TEA) staff with documentation that supports certificate renewal.

The proposed amendment to 19 TAC §232.11 would add several topics to the CPE requirements for all educators, including classroom teachers and principals. The proposed changes are designed to fulfill the new statutory requirements required by recent legislation from the 85th Texas Legislature, Regular Session, 2017.

Proposed changes to subsection (c)(4)(C) and (5)(C) would include CPE requirements for classroom teachers and principals that were added by the TEC, §21.054, as amended by Senate Bill (SB) 1839, 85th Texas Legislature, Regular Session, 2017. These changes would require CPE activities regarding digital learning, digital teaching, and integrating technology into classroom instruction (for classroom teachers) and into campus curriculum and instruction (for principals) for the renewal of a standard classroom teacher or principal certificate. Up to 25% of the CPE activities required to renew a standard classroom teacher or principal certificate may include instruction on these topics.

Proposed new subsection (c)(4)(E) would include CPE requirements for classroom teachers that were added by the TEC, §21.054, as amended by SB 7, 85th Texas Legislature, Regular Session, 2017. This new subsection would require CPE activities regarding understanding appropriate relationships, boundaries, and communications between educators and students to renew a standard classroom teacher certificate. Up to 25% of the CPE activities required to renew a standard classroom teacher certificate may include instruction on these topics. Proposed new subsection (c)(5)(E) would include CPE requirements for principals that were added by the TEC, §21.054, as amended by SB 7, 85th Texas Legislature, Regular Session, 2017. This new subsection would require CPE activities regarding preventing, recognizing, and reporting sexual conduct between an educator and student to renew a standard principal certificate. Up to 25% of the CPE activities required to renew a standard principal certificate may include instruction on these topics.

Proposed new subsection (j) would include CPE requirements for classroom teachers and principals that were added by the TEC, §21.054, as amended by SB 179, 85th Texas Legislature, Regular Session, 2017. This new subsection would allow CPE requirements for classroom teachers and principals to include instruction regarding how grief and trauma affect student learning and behavior and how evidence-based, grief-informed, and trauma-informed strategies support the academic success of students affected by grief and trauma.

Proposed new subsection (k)(1) would include CPE requirements for all certificate classes that were added by the TEC, §21.0543, as amended by SB 1839, 85th Texas Legislature, Regular Session, 2017. This new subsection would allow an educator to receive credit toward CPE requirements for completion of education courses that use technology to increase the educator's digital literacy. Proposed new subsection (k)(2) would include CPE requirements for all certificate classes that were added by the TEC, §21.0543, as amended by SB 1839, 85th Texas Legislature, Regular Session, 2017. This new subsection would allow an educator to receive credit toward CPE requirements for completion of education courses that assist the educator in the use of digital technology in learning activities that improve teaching, assessment, and instructional practices.

The proposed amendment to 19 TAC §232.11 would also include technical edits to conform with Texas Register style and formatting requirements.

The proposed amendment would have no additional procedural and reporting implications. The proposed amendment would have no additional locally maintained paperwork requirements.

FISCAL NOTE. Ryan Franklin, associate commissioner for educator leadership and quality, has determined that for the first five-year period the amendment is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the amendment. There is no effect on local economy for the first five years that the proposed amendment is in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022. The proposed amendment does not impose a cost on regulated persons and, therefore, is not subject to Texas Government Code, §2001.0045.

PUBLIC BENEFIT/COST NOTE. Mr. Franklin has determined that for each year of the first five years the amendment is in effect the public benefit anticipated as a result of enforcing the amendment would be clarified certificate renewal requirements relating to the content of the required CPE hours. There is no anticipated economic cost to persons who are required to comply with the proposed amendment.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSINESSES, AND RURAL COMMUNITIES. There is no direct adverse economic impact for small businesses, microbusinesses, and rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

REQUEST FOR PUBLIC COMMENT. The public comment period on the proposal begins September 1, 2017, and ends October 2, 2017. The SBEC will take registered oral and written comments on the proposed amendment at the October 6, 2017, meeting in accordance with the SBEC board operating policies and procedures. All requests for a public hearing on the proposed amendment submitted under the Administrative Procedure Act must be received by the Department of Educator Leadership and Quality, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, Attention: Mr. Ryan Franklin, associate commissioner for educator leadership and quality, not more than 14 calendar days after notice of the proposal has been published in the Texas Register on September 1, 2017.

STATUTORY AUTHORITY. The amendment is proposed under the Texas Education Code (TEC), §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; TEC, §21.0031(f), which clarifies and places certain limits on provisions authorizing termination of an educator's contract for failure to maintain a valid certificate; TEC, §21.031, which authorizes the SBEC to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; TEC, §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; TEC, §21.041(b)(4), which requires the State Board for Educator Certification (SBEC) to propose rules that specify the requirements for the issuance and renewal of an educator certificate; TEC, §21.041(b)(9), which requires the SBEC to propose rules that provide for continuing education requirements; TEC, §21.0543, as added by SB 1839, 85th Texas Legislature, Regular Session, 2017, which requires the SBEC to propose rules that provide for CPE credit related to digital technology instruction; TEC, §21.054, as amended by SB 7, SB 179, and SB 1839, 85th Texas Legislature, Regular Session, 2017, which requires the SBEC to propose rules establishing a process for identifying continuing education courses and programs that fulfill educators' continuing education requirements.

CROSS REFERENCE TO STATUTE. The amendment implements the Texas Education Code (TEC), §§21.003(a); 21.0031(f); 21.031; 21.041(b)(1), (4), and (9); 21.0543, as added by Senate Bill (SB) 1839, 85th Texas Legislature, Regular Session, 2017; and TEC, §21.054, as amended by SB 7, SB 179, and SB 1839, 85th Texas Legislature, Regular Session, 2017.

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

(a) The appropriate number of clock-hours of continuing professional education (CPE), as specified in §232.13 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.

(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 shall 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) classroom 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 practices.

(4) Not more than 25% of the CPE activities for a classroom teacher shall include instruction regarding:

(A) collecting and analyzing information that will improve effectiveness in the classroom;

(B) recognizing early warning indicators that a student may be at risk of dropping out of school;

(C) digital learning, digital teaching, and integrating technology into classroom instruction; [and]

(D) educating diverse student populations, including:

(i) students with disabilities, including mental health disorders;

(ii) students who are educationally disadvantaged;

(iii) students of limited English proficiency; and

(iv) students at risk of dropping out of school; and[.]

(E) understanding appropriate relationships, boundaries, and communications between educators and students.

(5) Not more than 25% of the CPE activities for a principal shall include instruction regarding:

(A) effective and efficient management, including:

(i) collecting and analyzing information;

(ii) making decisions and managing time; and

(iii) supervising student discipline and managing behavior;

(B) recognizing early warning indicators that a student may be at risk of dropping out of school;

(C) digital learning, digital teaching, and integrating technology into campus curriculum and instruction; [and]

(D) educating diverse student populations, including:

(i) students with disabilities, including mental health disorders;

(ii) students who are educationally disadvantaged;

(iii) students of limited English proficiency; and

(iv) students at risk of dropping out of school; and[.]

(E) preventing, recognizing, and reporting any sexual conduct between an educator and student that is prohibited under the Texas Penal Code, §21.12, or for which reporting is required under the Texas Education Code (TEC), §21.006.

(6) Not more than 25% of the CPE activities for a school counselor shall include instruction regarding:

(A) assisting students in developing high school graduation plans;

(B) implementing dropout prevention strategies; and

(C) informing students concerning:

(i) college admissions, including college financial aid resources and application procedures; and

(ii) career opportunities.

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

(e) The required CPE for educators who teach students with dyslexia must include training regarding new research and practices in educating students with dyslexia. The required training may be satisfied through an online course approved by Texas Education Agency staff.

(f) An educator eligible to renew multiple classes of certificates issued during the same renewal period may satisfy the requirements specified in §232.13 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 clock-hours. Educators must complete a minimum of one-fifth of the additional CPE clock-hours for each full calendar year that the additional class of certificate is valid.

(g) An educator may fulfill up to 12 clock-hours of required CPE activities by participating in a mental health first aid training program offered by a local mental health authority under the Texas Health and Safety Code, §1001.203. The number of clock-hours of CPE an educator may fulfill under this subsection may not exceed the number of clock-hours the educator actually spends participating in a mental health first aid training program.

(h) An educator may receive credit toward CPE requirements for completion of an instructional course on the use of an automated external defibrillator (AED) that meets the guidelines for AED training approved under Texas Health and Safety Code, §779.002, in accordance with the TEC [Texas Education Code (TEC)], §21.0541.

(i) An educator may receive credit toward CPE requirements for completion of suicide prevention training that meets the guidelines for suicide prevention training approved under the TEC, §21.451.

(j) Continuing education requirements for a classroom teacher and principal may include instruction regarding how grief and trauma affect student learning and behavior and how evidence-based, grief-informed, and trauma-informed strategies support the academic success of students affected by grief and trauma.

(k) An educator may receive credit toward CPE requirements for completion of education courses that:

(1) use technology to increase the educator's digital literacy; and

(2) assist the educator in the use of digital technology in learning activities that improve teaching, assessment, and instructional practices.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 21, 2017.

TRD-201703222

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: October 1, 2017

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


CHAPTER 234. MILITARY SERVICE MEMBERS, MILITARY SPOUSES, AND MILITARY VETERANS

19 TAC §234.5, §234.7

The State Board for Educator Certification (SBEC) proposes amendments to §234.5 and §234.7, concerning military service members, military spouses, and military veterans. The proposed amendments would implement the requirement from the 85th Texas Legislature, Regular Session, 2017, to extend a temporary certificate for military spouses to three years and also provide clarification of renewal requirements for military service members, military spouses, and military veterans.

19 TAC Chapter 234 consolidates all military-related provisions into one chapter and streamlines future military-related rulemaking opportunities. The 84th Texas Legislature, Regular Session, 2015, passed Senate Bill (SB) 807, requiring all state licensing agencies to adopt rules that implement the requirements of the Texas Occupations Code (TOC), Chapter 55, regarding the licensing of military service members, military spouses, and military veterans and the waiving of licensing and application fees paid to the state. The 84th Texas Legislature also passed SB 1307, providing clarification to definitions of military spouses and military veterans in key sections of the TOC, allowing for the adoption of rules to establish alternative methods for military groups to meet requirements for licensure, granting the executive director of a state agency authority to review applicant credentials and waive requirements for licensure, and incorporating the use of verified military service to satisfy apprenticeship requirements for licensure.

In addition, the 84th Texas Legislature passed House Bill (HB) 2014, allowing military service members seeking certification in career and technical education to substitute experience in a particular trade for the license or professional credential in the specific trade.

Staff developed and launched a Military Community webpage on the Texas Education Agency (TEA) website effective September 1, 2015, to assist eligible military service members, military spouses, and military veterans with creating online educator accounts and submitting military exemption requests accompanied by the required documentation to qualify for fee exemptions from applicable certification applications and testing fees paid to the state.

Since September 1, 2015, procedures have been in place to allow members of the military community to securely upload documents for review by TEA staff to confirm their status to qualify for legislatively mandated fee exemptions as one of the following.

Active duty service member--verified by providing a copy (front and back) of the military ID and current state ID.

Veteran--verified by providing a copy of the current state ID and a DD-214 (member-4) that shows release or separation from active duty was under honorable conditions.

Military spouse of active duty service member--verified by providing a copy of the spouse's current state and military ID (front and back), the active duty service member's current state and military ID (front and back), and a copy of the marriage license.

Certification applications for members of the military community are placed in a specific queue for expedited processing. Upon receipt of all required information and materials, military community member applications are usually processed within 5 to 10 business days and email notifications are sent to provide a timely update on the status of the request. Processing timeframes may vary slightly during the division's peak summer season.

During the first year of implementation (2015-2016), 302 requests were submitted from potential members of the military community: 283 of those met the requirements to qualify for fee exemptions for certification applications and testing fees. Those fee exemptions saved the military community approximately $43,980.

As of June 22, 2017 of the current year of implementation (2016-2017), there have been 314 requests submitted and 299 of those were approved. To date, fee exemptions have saved the military community approximately $35,468.

The 85th Texas Legislature, Regular Session, 2017, passed HB 1934, which requires the SBEC to establish procedures for identifying and expediting processing of applications from spouses of active duty military service members of the armed forces of the United States. This provision is already in current 19 TAC §234.5(a) and (b), therefore, no rule changes are required to implement this legislative mandate. Effective September 1, 2017, the legislation also requires issuance of a three-year temporary certificate to all eligible military spouses.

Following is a description of the proposed amendments to 19 TAC Chapter 234.

§234.5. Certification of Military Service Members, Military Spouses, and Military Veterans

In subsection (b), the limitation on terms of extensions of one-year certificates issued to military spouses would be removed to comply with HB 1934, 85th Texas Legislature, Regular Session, 2017.

Proposed new subsection (c) would include language to support the extension of one-year certificates of military spouses whose certification applications were processed prior to the September 1, 2017 effective date of HB 1934 and clarify that military spouses are eligible for a maximum of two additional years from the date of issuance to allow them the same opportunity to have three years on a temporary certificate in Texas.

Proposed new subsection (d) would include language to support issuance of a three-year certificate to military spouses who meet requirements for a credentials review. This new subsection would align with the September 1, 2017 effective date specified in HB 1934.

In re-lettered subsection (j), the term military spouses would be removed and included in new subsection (k) to create a new provision to comply with HB 1934 that would issue a three-year temporary certificate to military spouses. Provisions for certification and test fee exemptions authorized by the 84th Texas Legislature in 2015 remain in rule.

All remaining subsections, originally lettered as subsections (c)-(h), would be re-lettered to subsections (e)-(j).

§234.7. Renewal and Continuing Education Requirements for Military Service Members

The title of 19 TAC §234.7 would be updated to add military spouses and military veterans to reflect that this section applies to all of the military community.

Proposed new subsection (a) would provide a clarifying reference to the renewal requirements in 19 TAC Chapter 232, General Certification Provisions, for military service members, military spouses, and military veterans who hold a standard certificate.

The remaining subsections, originally lettered as subsections (a) and (b), would be re-lettered to subsections (b) and (c).

The proposed amendments would have no procedural and reporting implications. The proposed amendments would have no locally maintained paperwork requirements.

FISCAL NOTE. Ryan Franklin, associate commissioner for educator leadership and quality, has determined that for the first five-year period the amendments are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the amendments. There is no effect on local economy for the first five years that the proposed amendments are in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022. The proposed amendments do not impose a cost on regulated persons and, therefore, are not subject to Texas Government Code, §2001.0045.

PUBLIC BENEFIT/COST NOTE. Mr. Franklin has determined that for each year of the first five years the amendments are in effect the public benefit anticipated as a result of enforcing the amendments would be continued support to members of the military community, with special provisions to allow military spouses of active duty members to use a three-year temporary credential to maintain employment in Texas. There is no anticipated economic cost to persons who are required to comply with the proposed amendments.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSINESSES, AND RURAL COMMUNITIES. There is no direct adverse economic impact for small businesses, microbusinesses, and rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

REQUEST FOR PUBLIC COMMENT. The public comment period on the proposal begins September 1, 2017, and ends October 2, 2017. The SBEC will take registered oral and written comments on the proposed amendments at the October 6, 2017 meeting in accordance with the SBEC board operating policies and procedures. All requests for a public hearing on the proposed amendments submitted under the Administrative Procedure Act must be received by the Department of Educator Leadership and Quality, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, Attention: Mr. Ryan Franklin, associate commissioner for educator leadership and quality, not more than 14 calendar days after notice of the proposal has been published in the Texas Register on September 1, 2017.

STATUTORY AUTHORITY. The amendments are proposed under the Texas Education Code (TEC), §21.041(b)(2), which requires the State Board for Educator Certification (SBEC) to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; TEC, §21.041(b)(4), which requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate; TEC, §21.044(a), which requires the SBEC to propose rules establishing training requirements a person must accomplish to obtain a certificate, enter an internship, or enter an induction-year program; TEC, §21.052(b-1), as amended by House Bill (HB) 1934, 85th Texas Legislature, Regular Session, 2017, which requires the SBEC to establish procedures to accurately identify military spouses and expedite processing of certification applications that they submit; TEC, §21.052(c), as amended by HB 1934, 85th Texas Legislature, Regular Session, 2017, which states that the SBEC can specify the term of a temporary certificate issued under this subsection; TEC, §21.052(d-1), as amended by HB 1934, 85th Texas Legislature, Regular Session, 2017, which requires the SBEC to issue a three-year temporary certificate to eligible military spouses of active duty service members; and Texas Occupations Code (TOC), §55.001, which defines key terms and identifies the individuals relevant to the processing and support of members of the military community; TOC, §55.002, which provides clarification and guidelines for implementing fee exemptions for members of the military community; TOC, §55.003, which states military service members are eligible to receive a two-year extension of time to complete requirements for license renewal; TOC, §55.004, which requires state agencies to adopt rules for issuance of licensure to members of the military community and also provides alternatives to become eligible for licensure; TOC, §55.005, which requires state agencies to establish a process to expedite applications for licensure submitted by members of the military community; TOC, §55.006, which requires state agencies to determine renewal requirements for expedited licenses issued to members of the military community; TOC, §55.007, which provides state agencies authority to credit verified military service, training, or education toward licensing requirements; TOC, §55.008, which authorizes state agencies to credit verified relevant military service, training, or education relevant to the occupation toward the apprenticeship requirements for licensure; and TOC, §55.009, which confirms state agencies that issue licensure shall waive license application and examination fees paid to the state for applicable members of the military community.

CROSS REFERENCE TO STATUTE. The amendments implement the Texas Education Code, §§21.041(b)(2) and (4); 21.044(a); and 21.052(b-1), (c), and (d-1), as amended by House Bill 1934, 85th Texas Legislature, Regular Session, 2017; and Texas Occupations Code, §§55.001, 55.002, 55.003, 55.004, 55.005, 55.006, 55.007, 55.008, and 55.009.

§234.5.Certification of Military Service Members, Military Spouses, and Military Veterans.

(a) The application for certification of a military service member, military veteran, or military spouse, including an application based upon certification by a jurisdiction other than Texas that has certification requirements substantially similar to the Texas certification requirements, shall be processed as soon as practicable.

(b) As soon as practicable after the issuance of a one-year certificate, Texas Education Agency (TEA) staff shall notify, in writing or by email, a military spouse of the requirements for obtaining a standard Texas certificate. [A military spouse whose active duty spouse has been reassigned to another state during the validity period of the first one-year certificate would be eligible for a second one-year certificate.]

(c) A military spouse who has been issued a one-year certificate prior to September 1, 2017, under the provisions of this chapter, is eligible for two additional years from the date of issuance, not to exceed a total of three years maximum, to align with provisions for a military spouse referenced in subsection (d) of this section.

(d) Effective September 1, 2017, a military spouse shall be issued a three-year temporary certificate upon completion of the review of credentials.

(e) [(c)] The standard Texas certificate of a military service member, military spouse, or military veteran may be renewed if that certificate has expired within five years preceding the Texas application date.

(f) [(d)] A military service member or a military veteran shall be entitled to credit verified military service, training, or education toward the training, education, work experience, or related requirements (other than certification examinations) for educator certification. TEA staff and educator preparation programs (EPPs) shall use information from the U.S. Department of Veterans Affairs or other reliable sources to assist in crediting applicable military service, training, or education to certification requirements.

(g) [(e)] A military service member pursuing certification in career and technical education must meet requirements for the certificate, but for career and technical education certificate areas requiring experience and licensure, the military service member shall be entitled to substitute military experience in the trade for the required license or professional credential for the specific trade.

(h) [(f)] A military service member, military spouse, and military veteran shall complete educator examination requirements for certificate issuance as outlined in Texas Education Code, Chapter 21, Subchapter B, and rules in the Texas Administrative Code, Title 19, Part 7.

(i) [(g)] Military service members and military veterans are exempt from certification application fees that are paid to the state that lead to initial certification. These members of the military community are exempt from paying the portion of the examination registration fee that is paid to the TEA.

(j) [(h)] Military service members[, military spouses,] and military veterans are exempt from certification application fees that are paid to the state that lead to initial certification resulting from a review of credentials, one-year certificate, or out-of-state standard certificate. These members of the military community are exempt from paying the portion of the examination registration fee that is paid to the TEA.

(k) Military spouses are exempt from certification application fees that are paid to the state that lead to initial certification resulting from a review of credentials, three-year temporary certificate, or out-of-state standard certificate. These members of the military community are exempt from paying the portion of the examination registration fee that is paid to the TEA.

§234.7.Renewal and Continuing Education Requirements for Military Service Members, Military Spouses, and Military Veterans.

(a) Military service members, military spouses, and military veterans who hold a standard certificate(s) are responsible for certificate renewal and continuing professional education requirements pursuant to Chapter 232 of this title (relating to General Certification Provisions), except where specified in this chapter.

(b) [(a)] A military service member shall be exempted from any fee or penalty for failing to timely renew his or her Texas educator certificate if the delay occurred because the educator was serving as a military service member.

(c) [(b)] A military service member is entitled to two years of additional time to complete all continuing education requirements and any other requirements relating to the renewal of his or her Texas educator certificate.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 21, 2017.

TRD-201703221

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: October 1, 2017

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


CHAPTER 239. STUDENT SERVICES CERTIFICATES

The State Board for Educator Certification (SBEC) proposes amendments to §§239.1, 239.10, 239.15, 239.20, 239.25, 239.80, and 239.82-239.85; new §239.30 and §239.86; and the repeal of §239.30 and §239.86, concerning student services certificates. The proposed revisions would update the requirements for the minimum admission, preparation, standards, certificate issuance, and renewal for the School Counselor and Educational Diagnostician certificates. The proposed revisions reflect feedback provided by the SBEC-appointed advisory committees for the School Counselor Certificate and Educational Diagnostician Certificate.

The SBEC rules in 19 TAC Chapter 239, Subchapter A, School Counselor Certificate, and Subchapter C, Educational Diagnostician Certificate, establish requirements for minimum admission, preparation, standards, certificate issuance, renewal, and transition and implementation dates for the school counselor and educational diagnostician certificates.

The SBEC-appointed advisory committees for the School Counselor Certificate and Educational Diagnostician Certificate were convened to provide feedback on the current rules and processes related to preparation, testing, certification, and renewal for both certificate areas. Texas Education Agency (TEA) staff updated the SBEC on the activities completed by both advisory committees and provided a high-level overview of key issues relevant to each certificate as part of the discussion item on the March 3, 2017 SBEC meeting agenda. TEA staff presented proposed changes to 19 TAC Chapter 239, Subchapters A and C, as part of the discussion item on the June 9, 2017, SBEC meeting agenda.

Following is a description of the proposed revisions that reflects feedback from the SBEC-appointed advisory committees for the School Counselor Certificate and Educational Diagnostician Certificate.

Subchapter A. School Counselor Certificate

§239.1. General Provisions

The proposed amendment to 19 TAC §239.1(a) would update the language to more fully reflect the scope of preparation required of candidates seeking the School Counselor certificate. The proposed amendment to subsection (b) would specify the expectation that individuals certified as a School Counselor, Grades EC-12, will participate in counseling-related professional development activities as a way to remain current with best practices and procedures for school counseling and in developing quality, comprehensive school counseling programs. The proposed amendment to subsection (c) would provide additional confirmation that individuals with this certificate are appropriately licensed to provide counseling services to all students in Prekindergarten to Grade 12.

§239.10. Preparation Program Requirements

The proposed amendment to 19 TAC §239.10(a) would update the language to further emphasize the importance of having structured, field-based training experiences in an actual school setting but remove the reference to "campuses" to acknowledge that serving in the role of school counselor within several campus settings is not always possible for each certification candidate. The proposed change to subsection (b) would remove the phrase "and/or experience" directly related to the standards as an option for substituting preparation coursework and other requirements leading to issuance of the school counselor certificate to further emphasize the important role of training through an educator preparation program to ensure successful entry and retention in the critical role of school counselor. Proposed new subsection (c) would specify that educator preparation programs must incorporate processes to ensure certification candidates can understand and implement The Texas Model for Comprehensive School Counseling Programs, which aligns with provisions in the TEC, Chapter 33, Subchapter A, School Counselors and Counseling Programs, and serves as a model for school counselors and school counseling programs across the state.

§239.15. Standards Required for the School Counselor Certificate

Under Standard I, Learner-Centered Knowledge, the proposed amendment to 19 TAC §239.15(b)(1) would update the language to ensure that preparation programs and certification candidates share a common understanding of the thoughts and beliefs that have guided the role of the school counselor and school counseling programs over the years. Proposed new subsection (b)(4) would add an emphasis on the role of college and career readiness standards and the ability of the school counselor to infuse these important knowledge and skills into his or her interactions with students as they explore postsecondary options. With the addition of proposed new subsection (b)(4), the subsequent paragraphs would be renumbered accordingly.

The proposed change to subsection (b)(5) would add "test interpretation" to the list of key assessment principles and procedures important to a school counselor's repertoire to further emphasize the importance of understanding test results and using them effectively to assess and address student needs. The proposed change to subsection (b)(7) would update the language to highlight the various phases of learners' development and would allow the rules to further confirm importance of the breadth and depth of the counseling programs. The proposed change to subsection (b)(9) would update the language to stress the importance of conducting oneself in an ethical manner. The proposed change to subsection (b)(11) would reflect more current and expansive language. The proposed change to subsection (b)(12) would reflect the more current reference to the counseling program and refer to the Texas College and Career Readiness Standards as important components to be blended together with academic curricula to ensure the best preparation for all students. The proposed change to subsection (b)(13) would update the language to better express that the counselor is instrumental in ensuring the comprehensiveness of the school counseling program and its ability to be responsive to the needs of all students.

Proposed new subsection (b)(15)-(19) would expand the list of skills and abilities required of an effective school counselor. These proposed additions would further emphasize the importance of solid preparation to effectively step into the role of school counselor and would address the importance of developing and teaching best practices related to leadership skills. The proposed additions would also focus on the impact that cultural factors and group membership can have on students; stipulate a necessary understanding of the comprehensive school counseling program model; emphasize the importance and use of technology in its various forms and the personal and professional harm of technology misuse; and highlight the importance of understanding systems, with a special emphasis on family dynamics and school environments.

Under Standard II, Learner-Centered Skills, reference to The Texas Model for Comprehensive School Counseling Programs would be included to confirm the important role of this key Texas document and its necessary use in all educator preparation programs. The proposed change to subsection (c)(2) would incorporate updated terminology and add reference to The Texas Model for Comprehensive School Counseling Programs to further confirm the important role of this Texas-specific document to the development and maintenance of a successful school counseling program. The proposed change to subsection (c)(5) would emphasize the important, proactive role of the school counselor in making referrals and following up on his or her effectiveness relating to student needs within the school and community. The proposed change to subsection (c)(8) would highlight the importance of a school counselor taking time to complete a thorough assessment of student needs not only relating to assessment data but also to ensure there is sufficient information available to make informed and effective decisions on best ways to support that student in any other critical needs areas. The proposed change to subsection (c)(9) would update the types of practices that should be used to address student needs. The proposed change to subsection (c)(10) would incorporate current terminology for school counseling programs.

Proposed new subsection (c)(11) would address the school counselor's role in facilitating learners' ability to achieve their potential. Proposed new subsection (c)(12) would highlight the importance of the school counselor remaining proficient in counseling and campus-related technology to ensure that he or she is readily equipped with the latest tools and technology to successfully address and support the various needs of learners. Proposed new subsection (c)(13) would add a reference to the use of various resources to counsel students about postsecondary college and career readiness opportunities to ensure the school counselor remains knowledgeable about numerous options available and can craft guidance that meets the needs of each learner.

Under Standard III, Learner-Centered Process, the proposed amendment to subsection (d) would emphasize the importance of revising the school counseling program as needed to strengthen the overall program and ensure that it is meeting the needs of all learners and would add reference to The Texas Model for Comprehensive School Counseling Programs to confirm the importance of using the state's model for school counseling programs. The proposed amendment to subsection (d)(2) would clarify the distinction between personal and social goals. The proposed amendment to subsection (d)(5) would accurately reflect the school counselor's role as a consultant to help learners achieve success inside and outside of school.

Proposed new subsection (d)(6)-(13) would emphasize the school counselor's role as advocate for a comprehensive school counseling program that involves the school and community and utilizes resources within and beyond classrooms to implement and maintain a successful school counseling program that supports all learners, as well as elaborate on the school counselor's extensive role in leading and promoting an effective school counseling program that involves all members of the school community. Proposed new subsection (d)(14) would encourage the school counselor to develop practices to promote learners' knowledge about college and career readiness processes necessary to pursue postsecondary opportunities.

Under Standard IV, Learner-Centered Equity and Excellence for All Learners, the proposed changes to subsection (e)(1)-(3) would update language to reflect the importance of the school counselor to create and maintain a positive school environment that is inclusive of and responsive to all learners.

Proposed new subsection (e)(4)-(9) would specify the need for school counselors to build on commonalities versus differences in all learners; understand the impact of environment and behavior on individual learners; ensure equitable access to programs and services for all students; understand how family values, group membership, and culture intersect; acknowledge learners' gifts, strengths, and extracurricular talents when considering programs and services; and increase students' awareness and include their voice regarding educational and individualized plans as this type of environment affords every learner an opportunity for growth and success. Proposed new subsection (e)(10) would emphasize the important role of the school counselor in ensuring all students and their parents/guardians have equitable access to information about postsecondary opportunities and use available resources to become college and career ready.

Under Standard V, Learner-Centered Communications, proposed new subsection (f)(9)-(11) would be added to illustrate the school counselor's opportunity to take a positive, strength-based approach to the development of a school counseling program that verbalizes commonalities versus differences in all learners; highlight the importance of effectively communicating the school counselor's roles and responsibilities to all stakeholders; and emphasize the need for school counselors to adhere to best practices connected to ethical and legal considerations related to appropriate use of technology and email, documentation, record keeping, privileged communication, and informed consent process as these are all principles that align with the statewide model for school counseling programs. Proposed new subsection (f)(12) would highlight the role of the school counselor in facilitating learners' and parent/guardians' access to school and community resources related to postsecondary opportunities and college and career readiness.

Under Standard VI, Learner-Centered Professional Development, the proposed changes to subsection (g)(5) and (6) would show the importance of school counselors engaging in active professional development on a regular basis, as well as the important role of professional development in a school counselor's ability to increase college and career readiness and the promotion of postsecondary opportunities and preparation for all learners.

§239.20. Requirements for the Issuance of the Standard School Counselor Certificate

The proposed amendment to 19 TAC §239.20(3) would change the minimum degree requirement for issuance of the School Counselor Certificate from a master's degree to a 48-hour master's degree in counseling. TEA staff discussed this suggested change with the Board during the June 9, 2017 SBEC meeting and explained that this was the more rigorous of the two options discussed with the advisory committee. Staff also shared that while all members of the advisory committee agreed on the importance of strong preparation to become certified as a school counselor, several members also supported use of an already established master's degree to meet one of the requirements for issuance of the standard certificate. Based on the Board's discussion in June, TEA staff retained the requirement of a 48-hour master's degree in counseling as part of the proposed amendment.

§239.25. Requirements to Renew the Standard School Counselor Certificate

The proposed amendment to 19 TAC §239.25 would remove outdated references to renewal requirements for certificates issued from September 1, 1999, to August 31, 2000, and would add language to confirm it is necessary for individuals issued the standard school counselor certificate to comply with renewal requirements in place for the certificate. A technical edit would also be made to update a cross reference.

§239.30. Transition and Implementation Dates

Section 239.30 would be repealed to remove outdated language, and new §239.30 would be proposed to include an implementation date of September 1, 2018, for the proposed changes to apply to candidates being admitted into an approved Texas educator preparation program for the School Counselor Certificate. The title of proposed new §239.30 would be updated to clearly reflect the contents of the section.

Subchapter C. Educational Diagnostician Certificate

§239.80. General Provisions

The proposed amendment to 19 TAC §239.80(b) would update the language to emphasize the importance of the educational diagnostician remaining current in the area of assessment as it has a direct impact on student learning. The proposed amendment to subsection (c) would more accurately reflect the student grade range served by educational diagnosticians.

§239.82. Preparation Program Requirements

The proposed amendment to 19 TAC §239.82(b) would allow flexibility in educator preparation program design.

§239.83. Standards Required for the Educational Diagnostician Certificate

The proposed changes to 19 TAC §239.83(b)-(k) would remove the word "beginning" from every reference to the educational diagnostician since the standards apply to all educational diagnosticians and not just individuals entering the profession upon completion of a preparation program and issuance of certification.

Under Standard I, the proposed amendment to subsection (b)(1)(D) would specify that an educational diagnostician knows and understands the importance and impact of placement of special education students in the least restrictive environment.

Under Standard IV, the proposed amendment to subsection (e)(1)(A) would specify that an educational diagnostician knows and understands placement of individual students in the least restrictive environment, and the proposed amendment to subsection (e)(2)(A) would specify that an educational diagnostician is able to establish measurable annual goals and objectives.

Under Standard VI, the proposed amendment to subsection (g)(1)(I) would add the response to intervention or RTI to further explain what is meant by use of the term prereferral, and the proposed amendment to subsection (g)(1)(L) would add "transition" to the examples of methods of academic and nonacademic assessment and evaluation.

Under Standard VII, the proposed amendment to subsection (h)(1)(D) would specify that an educational diagnostician knows and understands the ways in which native language may affect evaluation.

Under Standard IX, the proposed amendment to subsection (j)(1)(A) would add language to emphasize the type of support that will have the most appropriate impact on student behavior.

Under Standard X, the proposed amendment to subsection (k)(1)(D) would update language to show the need for the educational diagnostician to be able to distinguish between techniques and apply them as necessary to positively impact student living.

§239.84. Requirements for the Issuance of the Standard Educational Diagnostician Certificate

The proposed amendment to 19 TAC §239.84(5) would change the required number of creditable years of teaching experience as a classroom teacher from two to three years. The committee was unanimous in favor of this recommendation and felt that returning to three years of experience would allow the individual interested in pursuing the educational diagnostician certificate to gain a much-needed additional year in the classroom before becoming an educational diagnostician.

§239.85. Requirements to Renew the Standard Educational Diagnostician Certificate

Technical edits would be made to update cross references.

§239.86. Transition and Implementation Dates

Section 239.86 would be repealed to remove outdated language, and new §239.86 would be proposed to include an implementation date of September 1, 2018, for the proposed changes to apply to candidates being admitted into an approved Texas educator preparation program for the Educational Diagnostician Certificate. The title of proposed new §239.86 would be updated to clearly reflect the contents of the section.

The proposed revisions would have no additional procedural and reporting implications. The proposed revisions would have no additional locally maintained paperwork requirements.

FISCAL NOTE. Ryan Franklin, associate commissioner for educator leadership and quality, has determined that for the first five-year period the revisions are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the revisions. There is no effect on local economy for the first five years that the proposed revisions are in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022. The proposed revisions do not impose a cost on regulated persons and, therefore, are not subject to Texas Government Code, §2001.0045.

PUBLIC BENEFIT/COST NOTE. Mr. Franklin has determined that for each year of the first five years the revisions are in effect the public benefit anticipated as a result of enforcing the revisions will be more rigorous requirements for the preparation, certification, testing, and renewal of School Counselor and Educational Diagnostician certificates that result in highly effective certified school counselors and educational diagnosticians upon entry into the profession and retention of these qualified professionals. There is no anticipated economic cost to persons who are required to comply with the proposed revisions.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSINESSES, AND RURAL COMMUNITIES. There is no direct adverse economic impact for small businesses, microbusinesses, and rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

REQUEST FOR PUBLIC COMMENT. The public comment period on the proposal begins September 1, 2017, and ends October 2, 2017. The SBEC will take registered oral and written comments on the proposed revisions at the October 6, 2017 meeting in accordance with the SBEC board operating policies and procedures. All requests for a public hearing on the proposed revisions submitted under the Administrative Procedure Act must be received by the Department of Educator Leadership and Quality, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, Attention: Mr. Ryan Franklin, associate commissioner for educator leadership and quality, not more than 14 calendar days after notice of the proposal has been published in the Texas Register on September 1, 2017.

SUBCHAPTER A. SCHOOL COUNSELOR CERTIFICATE

19 TAC §§239.1, 239.10, 239.15, 239.20, 239.25, 239.30

STATUTORY AUTHORITY. The amendments and new section are proposed under the Texas Education Code (TEC), §21.031(a), which charges the SBEC with regulating and overseeing all aspects of the certification, continuing education, and standards of conduct for public school educators; TEC, §21.040(4), which states that the SBEC shall, for each class of educator certificate, appoint an advisory committee composed of members of that class to recommend standards for that class to the board; TEC, §21.041(a), which authorizes the SBEC to adopt rules as necessary to implement its procedures; TEC, §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; TEC, §21.041(b)(2)-(4), which require the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; the period for which each class of educator certificate is valid; and the requirements for the issuance and renewal of an educator certificate; TEC, §21.041(b)(5) and (9), which require the SBEC to propose rules that provide for the issuance of an educator certificate to a person who holds a similar certificate issued by another state or foreign country, subject to the TEC, §21.052, and continuing education requirements; TEC, §21.044, which requires the SBEC to propose rules establishing training requirements a person must accomplish to obtain a certificate, enter an internship, or enter an induction-year program; TEC, §21.048(a), which requires the SBEC to propose rules prescribing comprehensive examinations for each class of certificate issued by the SBEC and requires the commissioner of education to determine the satisfactory level of performance required for each certification examination and each core subject covered by the generalist certification examination; TEC, §21.054, which requires classroom teachers, principals, and school counselors to earn continuing professional education units in specific areas and directs the SBEC to propose rules relating to continuing education courses and programs for educators; and TEC, §22.0831(f), which authorizes the SBEC to propose rules to implement the national criminal history record information review of certified educators.

CROSS REFERENCE TO STATUTE. The amendments and new section implement the Texas Education Code, §§21.031(a), 21.040(4), 21.041(a), 21.041(b)(1)-(5) and (9), 21.044, 21.048(a), 21.054, and 22.0831(f).

§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, and credentials 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 counseling-related professional development activities to continually update his or her knowledge, [and] skills, and credentials. Currency in best practices and research [as] related to developing a quality, comprehensive school counseling program, which includes both campus leadership and student learning, is essential for all students [both campus leadership and student learning is essential].

(c) The holder of the School Counselor Certificate issued under the provisions of this subchapter is certified to [may] provide counseling services to all students in Prekindergarten-Grade12.

§239.10.Preparation Program Requirements.

(a) Structured, field-based training must be focused on actual school-based 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 and[,] 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.

(c) An educator preparation program for the school counselor certificate must prepare students to understand and implement The Texas Model for Comprehensive School Counseling Programs (Texas Education Code, Chapter 33, Subchapter A).

§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 and philosophy of counseling;

(2) counseling and consultation theories and practices;

(3) career development theories and practices;

(4) the roles and responsibilities of a comprehensive school counseling program that emphasizes college and career readiness and postsecondary options for all students, including college admissions, college financial aid resources, application procedures, and workforce and career opportunities;

(5) [(4)] assessment principles and procedures, including the appropriate use of tests, test interpretation, and test results;

(6) [(5)] changing societal trends, including demographic, economic, and technological tendencies, and their relevance to school counseling;

(7) [(6)] environmental, social, and cultural factors that affect learners' development and the relevance of those factors to educational, career, personal, and social development, along with comprehensive school [guidance and] counseling programs;

(8) [(7)] learners' developmental characteristics and needs and their relevance to educational and career choices;

(9) [(8)] legal and ethical standards, practices, and issues and the importance of commitment to and implementation of ethical principles;

(10) [(9)] the characteristics and educational needs of special populations;

(11) [(10)] [theories and] techniques and behavioral interventions to assist teachers with [in pedagogy and] classroom management;

(12) [(11)] the integration of a school counseling program, the Texas College and Career Readiness Standards, [the guidance] and academic curricula;

(13) [(12)] the roles and responsibilities of a comprehensive school [the counselor in a developmental guidance and] counseling program that is responsive to all students; [and]

(14) [(13)] counseling-related research techniques and practices;[.]

(15) developing and teaching best practices on leadership skills;

(16) how cultural factors and group membership impact individual students;

(17) the comprehensive school counseling program model;

(18) how to utilize various forms of technology and how inappropriate use could be professionally and personally harmful; and

(19) an understanding of systems, including family dynamics and school environments.

(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 as outlined in The Texas Model for Comprehensive School Counseling Programs. The certified school counselor must:

(1) develop processes and procedures for planning, designing, implementing, and evaluating The Texas Model for Comprehensive School Counseling Programs [a developmental guidance and counseling program];

(2) provide a proactive, comprehensive, developmental school counseling [guidance] program based on the needs of students, as set forth in The Texas Model for Comprehensive School Counseling Programs;

(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 his or her [their] work with students;

(5) coordinate resources, referrals, and follow-up procedures 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 multiple sets [varied sources] of information and data to make decisions about students, programs, and services [for assessment purposes];

(9) use counseling-related research techniques and evidence-based practices to address student needs; [and]

(10) advocate for a comprehensive school [developmental guidance and] counseling program that is responsive to all students;[.]

(11) facilitate learners' ability to achieve their potential by helping them set and attain challenging educational, career, personal, and social goals based on various types of information;

(12) maintain proficiency in counseling and campus-related technology; and

(13) use varied sources of information, resources, and practices to counsel students about postsecondary opportunities and college and career readiness.

(d) Standard III. Learner-Centered Process: The certified school counselor participates in the development, monitoring, revision, and evaluation of a campus based on The Texas Model for Comprehensive School Counseling Programs [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, personal, and social [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;[.]

(6) advocate for a comprehensive school counseling program and recognize the required time commitment to fully apply the program implementation cycle;

(7) create a program mission, goal, and services in alignment with the school mission and campus improvement plan;

(8) create and disseminate literature or newsletters to all stakeholders that describe the comprehensive school counseling program and reduce negative stigmas associated with receiving counseling services in a school-based program;

(9) establish an advisory council or board with membership of all stakeholders (student, parent, teacher, administrator, community member, other personnel, and support specialists);

(10) increase public relations and awareness through community outreach, such as fundraising, grant writing, donations, volunteerism, local businesses, and use of public or guest speakers;

(11) provide school-wide professional development and parent workshops throughout the school year;

(12) support participation in fair-share responsibilities versus non-counseling related duties;

(13) know district, state, and federal initiatives that are to be reflected in a comprehensive school counseling program; and

(14) develop practices to promote learners' knowledge about college and career readiness processes necessary to pursue postsecondary opportunities.

(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, race, ethnicity, socio-economic levels, academic ability, 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 all cultures, genders, ethnicities, and learning styles; [and]

(3) facilitate learning and achievement for all students to ensure services that cover an array of exceptionalities, including special populations, by promoting a cooperative, inclusive, [and] purposeful learning environment;[.]

(4) take a positive, strength-based approach that builds on commonalities versus differences in all learners;

(5) understand how environment and behavior may impact or influence individual learners;

(6) ensure equitable access to programs and services for all students;

(7) understand how family values, group membership, and culture intersect;

(8) acknowledge learners' gifts, strengths, and extracurricular talents when considering programs and services;

(9) increase students' awareness and include their voices regarding educational and individualized plans; and

(10) ensure equitable access and exposure to postsecondary opportunities and college and career readiness information and resources for students and parents/guardians.

(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;[.]

(9) take a positive, strength-based approach that verbalizes commonalities versus differences in all learners;

(10) effectively communicate his or her role and responsibility and counselor identity to all stakeholders to reduce confusion about the duties of a school counselor;

(11) adhere to best practices connected to ethical and legal considerations around appropriate use of technology and email, documentation, record keeping, privileged communication, and informed consent process; and

(12) facilitate access to and use of school and community information and resources related to postsecondary opportunities and college and career readiness by learners, parents/guardians, teachers, administrators, and community members.

(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) engage in ongoing [continue] professional development to improve the school guidance and counseling program; and[.]

(6) engage in continued professional development experiences to learn and apply concepts, skills, and practices related to increasing college and career readiness and promoting postsecondary opportunities and preparation for all learners.

§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 48-hour master's degree in counseling 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).

§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.]

(a) [(b)] An individual issued the standard School Counselor Certificate on or after September 1, 2000, is subject to Chapter 232, Subchapter A [B], of this title (relating to Certificate Renewal and Continuing Professional Education Requirements) and must satisfy the most current requirements for renewal.

(b) [(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 §232.3 [§232.810] of this title (relating to Voluntary Renewal of Current Texas Educators).

§239.30.Implementation Date.

The provisions of this subchapter apply to an applicant who is admitted to an educator preparation program for the School Counselor Certificate on or after September 1, 2018.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 21, 2017.

TRD-201703226

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: October 1, 2017

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


19 TAC §239.30

STATUTORY AUTHORITY. The repeal is proposed under the Texas Education Code (TEC), §21.031(a), which charges the SBEC with regulating and overseeing all aspects of the certification, continuing education, and standards of conduct for public school educators; TEC, §21.040(4), which states that the SBEC shall, for each class of educator certificate, appoint an advisory committee composed of members of that class to recommend standards for that class to the board; TEC, §21.041(a), which authorizes the SBEC to adopt rules as necessary to implement its procedures; TEC, §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; TEC, §21.041(b)(2)-(4), which require the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; the period for which each class of educator certificate is valid; and the requirements for the issuance and renewal of an educator certificate; TEC, §21.041(b)(5) and (9), which require the SBEC to propose rules that provide for the issuance of an educator certificate to a person who holds a similar certificate issued by another state or foreign country, subject to the TEC, §21.052, and continuing education requirements; TEC, §21.044, which requires the SBEC to propose rules establishing training requirements a person must accomplish to obtain a certificate, enter an internship, or enter an induction-year program; TEC, §21.048(a), which requires the SBEC to propose rules prescribing comprehensive examinations for each class of certificate issued by the SBEC and requires the commissioner of education to determine the satisfactory level of performance required for each certification examination and each core subject covered by the generalist certification examination; TEC, §21.054, which requires classroom teachers, principals, and school counselors to earn continuing professional education units in specific areas and directs the SBEC to propose rules relating to continuing education courses and programs for educators; and TEC, §22.0831(f), which authorizes the SBEC to propose rules to implement the national criminal history record information review of certified educators.

CROSS REFERENCE TO STATUTE. The repeal implements the Texas Education Code, §§21.031(a), 21.040(4), 21.041(a), 21.041(b)(1)-(5) and (9), 21.044, 21.048(a), 21.054, and 22.0831(f).

§239.30.Transition and Implementation Dates.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 21, 2017.

TRD-201703227

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: October 1, 2017

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


SUBCHAPTER C. EDUCATIONAL DIAGNOSTICIAN CERTIFICATE

19 TAC §§239.80, 239.82 - 239.86

STATUTORY AUTHORITY. The amendments and new section are proposed under the Texas Education Code (TEC), §21.031(a), which charges the SBEC with regulating and overseeing all aspects of the certification, continuing education, and standards of conduct for public school educators; TEC, §21.041(a), which authorizes the SBEC to adopt rules as necessary to implement its procedures; TEC, §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; and TEC, §21.041(b)(2)-(4), which require the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; the period for which each class of educator certificate is valid; and the requirements for the issuance and renewal of an educator certificate.

CROSS REFERENCE TO STATUTE. The amendments and new section implement the Texas Education Code, §§21.031(a), 21.041(a), and 21.041(b)(1)-(4).

§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 assessment [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 birth through adulthood [Early Childhood-Grade 12].

§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 may [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.

§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 in the least restrictive environment 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 in the least restrictive environment 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, establish measurable annual goals and objectives, 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 and the assistive technology needs of those students;

(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, including RTI (e.g., response to intervention/multi-tiered support), 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, transition, 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 native language and 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 that incorporate positive behavioral supports and interventions;

(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 accommodating and/or 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 three [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).

§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 A [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 §232.3 [§232.810 ] of this title (relating to Voluntary Renewal of Current Texas Educators). §239.86.Implementation Date.

The provisions of this subchapter apply to an applicant who is admitted to an educator preparation program for the Educational Diagnostician Certificate on or after September 1, 2018.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 21, 2017.

TRD-201703228

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: October 1, 2017

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


19 TAC §239.86

STATUTORY AUTHORITY. The repeal is proposed under the Texas Education Code (TEC), §21.031(a), which charges the SBEC with regulating and overseeing all aspects of the certification, continuing education, and standards of conduct for public school educators; TEC, §21.041(a), which authorizes the SBEC to adopt rules as necessary to implement its procedures; TEC, §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; and TEC, §21.041(b)(2)-(4), which require the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; the period for which each class of educator certificate is valid; and the requirements for the issuance and renewal of an educator certificate.

CROSS REFERENCE TO STATUTE. The repeal implements the Texas Education Code, §§21.031(a), 21.041(a), and 21.041(b)(1)-(4).

§239.86.Transition and Implementation Dates.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 21, 2017.

TRD-201703229

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: October 1, 2017

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