TITLE 19. EDUCATION

PART 1. TEXAS HIGHER EDUCATION COORDINATING BOARD

CHAPTER 1. AGENCY ADMINISTRATION

SUBCHAPTER T. WORKFORCE EDUCATION COURSE MANUAL ADVISORY COMMITTEE

19 TAC §1.223

The Texas Higher Education Coordinating Board proposes amendments to Texas Administrative Code (TAC), Title 19, Part 1, Chapter 1, Subchapter T, §1.223 concerning the duration for the Workforce Education Course Manual Advisory Committee. The proposed amendment would allow the committee to continue in existence until January 31, 2025. The Board will continue the committee in order to provide the Board with advice and recommendation(s) regarding content, structure, currency and presentation of the Workforce Education Course Manual (WECM) and its courses; recommendations regarding field engagement in processes, maintenance, and use of the WECM; and assistance in identifying new programs of study, developments within existing programs represented by courses in the manual, vertical and horizontal alignment of courses within programs, and obsolescence of programs of study and courses.

Dr. Stacey Silverman, Assistant Commissioner of Academic Quality and Workforce, has determined that for the first five years there will be no fiscal implications for state or local government as a result of amending the rule. There are no individuals or institutions required to comply with the rule and, therefore, no costs to individuals or institutions.

Dr. Stacey Silverman, Assistant Commissioner of Academic Quality and Workforce, has also determined that for the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be that the Workforce Education Course Manual Advisory Committee will continue to serve the Coordinating Board through January 31, 2025. There is no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the section as proposed. There is no impact on small businesses, micro businesses, or rural communities.

Government Growth Impact Statement:

(1) the rule will not create or eliminate a government program;

(2) implementation of the rule will not require the creation or elimination of employee positions;

(3) implementation of the rule will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rule will not require an increase or decrease in fees paid to the agency;

(5) the rule will not create a new rule;

(6) the rule will not limit or repeal an existing rule; and

(7) the rule will not change the number of individuals subject to the rule; and

(8) the rule will have no affect the state's economy.

Comments on the proposal may be submitted to Stacey Silverman, Assistant Commissioner, Academic Quality and Workforce, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas, 78711 or via email at AQW@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendments are proposed under the Texas Education Code, Chapter 61, Section 61.026, which provides the Coordinating Board with the authority to adopt rules regarding an advisory committee's terms of service and Texas Education Code Section 130.155 which authorizes the Board to adopt rules to administer Workforce Continuing Education.

The amendment affects Texas Education Code, Sections 61.051, 61.0664 and Texas Education Code Chapter 130, Subchapter M.

§1.223.Duration.

The committee shall be abolished no later than January 31, 2025, [2021,] in accordance with Texas Government Code, §2110.008. It may be reestablished by the Board.

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 10, 2020.

TRD-202003284

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 20, 2020

For further information, please call: (512) 427-6206


CHAPTER 4. RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS

SUBCHAPTER S. APPROVAL FOR PARTICIPATION IN THE STATE AUTHORIZATION RECIPROCITY AGREEMENT (SARA) FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION

19 TAC §4.314

The Texas Higher Education Coordinating Board proposes amendments to Chapter 4, Rules Applying to All Public Institutions of Higher Education in Texas, Subchapter S, §4.314, concerning Approval for Participation in the State Authorization Reciprocity Agreement (SARA) for Public Institutions of Higher Education.

The amendments to §4.314 would change the appeal process for institutions that have been denied membership in SARA by the Coordinating Board. The current process allows institutions to appeal a Coordinating Board denial to the Southern Regional Education Board and the National Council for SARA (NC-SARA). New NC-SARA policy requires SARA member states to develop and implement an in-state appeal process, giving states the final authority to deny institutions for SARA membership. The new appeal process must be in place by January 1, 2021. The proposed amendments clarify that if the Board denies SARA membership to an institution, the institution may appeal to Texas' SARA signatory. This appeal will provide additional in-state due process before the institution takes an appeal to the Southern Regional Education Board consistent with NC-SARA's revised policy.

Dr. Stacey Silverman, Assistant Commissioner for Academic Quality and Workforce, has determined that for the first five years there will be no fiscal implications for state or local governments as a result of amending these rules.

Dr. Silverman has also determined that for each year of the first five years the amendments are in effect, the public benefits anticipated as a result of administering the section will be the clarification of Coordinating Board policy for institutions interested in applying for SARA or currently participating in SARA. These changes will ensure Texas remains in compliance with NC-SARA policy, allowing institutions to continue participation in SARA. There is no cost to persons or institutions required to comply with these rules. There is no impact on local employment, small businesses, micro businesses, or rural communities.

Government Growth Impact Statement:

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an incr agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will not create a new rule;

(6) the rules will not limit or repeal an existing rule; and

(7) the rules will not change the number of individuals subject to the rule.

(8) the rules will have no effect on the state's economy.

Comments on the proposal may be submitted by mail to Stacey Silverman, Assistant Commissioner, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas, 78711 or via email at AQWComments@THECB.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendments are proposed under the Texas Education Code, Section 61.05121, which provides the Coordinating Board with the authority to administer state participation in State Authorization Reciprocity Agreements.

The amendments affect the implementation of Texas Education Code, Section 61.05121.

§4.314.Admission to SARA.

All eligible institutions may apply to the Coordinating Board for admission to SARA under the signature of the institution's chief academic officer. Coordinating Board staff will review the application and make a determination to approve or deny the request to participate in SARA. Within the application, an institution shall make assurances that it:

(1) Agrees to abide by the C-RAC Guidelines for the Evaluation of Distance Education.

(2) Agrees to be responsible for the actions of any third-party providers used by the institution to engage in operations under SARA.

(3) Agrees to notify the board of any negative changes to its accreditation status.

(4) Agrees to provide data requested by the board.

(5) Agrees to cooperate with the board in the investigation of any complaints arising from the students its serves in other states through SARA and to abide by investigating authority's resolution of any such complaint.

(6) All complaints must follow the institution's customary resolution procedure prior to being referred to the Coordinating Board. Grade appeals and student conduct appeals will be resolved at the institutional level without further appeal through SARA.

(7) Agrees to notify all students in a course or program that customarily leads to professional licensure, or which a student could reasonably believe leads to such licensure, whether or not the course or program meets requirements for licensure in the state where the student resides. If an institution does not know whether the course or program meets licensure requirements in the student's state of residence, the institution may meet this SARA requirement by informing the student in writing and providing the student the contact information for the appropriate state licensing board(s). An email dedicated solely to this purpose and sent to the student's best known email address meets this requirement.

(8) Agrees, in cases where the institution cannot fully deliver the instruction for which a student has contracted, to provide a reasonable alternative for delivering the instruction or reasonable financial compensation for the education the student did not receive.

(9) Agrees to pay an annual fee to NC-SARA. This fee replaces any state fees that the institution would normally pay to other SARA member states. If an institution offers distance education to students in non-SARA participating states, it must pay required state fees.

(10) If the Coordinating Board's SARA Coordinator denies an institution's application for membership in SARA, a written reason for denial will be provided. The institution may reapply at any time, having corrected any deficiencies, or may appeal the denial within 30 calendar days to the Coordinating Board's SARA Signatory. SARA director of SREB. If the denial is upheld by SREB, the institution may appeal to NC-SARA. The Coordinating Board's SARA Signatory will review the appeal and render a final decision. If the SARA Signatory upholds the denial, the institution may appeal to the SREB to determine if the board has met the requirements of SARA, but the SREB cannot overturn the final decision made by the Coordinating Board's SARA Signatory.

(10) If institutional membership is denied, the board will provide a written reason for denial. The institution may reapply at any time, having corrected any deficiencies, or may appeal the denial to the SARA director of SREB. If the denial is upheld by SREB, the institution may appeal to NC-SARA.

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 10, 2020.

TRD-202003286

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 20, 2020

For further information, please call: (512) 427-6206


CHAPTER 7. DEGREE GRANTING COLLEGES AND UNIVERSITIES OTHER THAN TEXAS PUBLIC INSTITUTIONS

SUBCHAPTER B. APPROVAL FOR PARTICIPATION IN THE STATE AUTHORIZATION RECIPROCITY AGREEMENT (SARA) FOR PRIVATE OR INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION AND PRIVATE POSTSECONDARY EDUCATIONAL INSTITUTIONS

19 TAC §7.54

The Texas Higher Education Coordinating Board proposes amendments to Chapter 7, Rules Applying to Degree Granting Colleges and Universities Other Than Texas Public Institutions, Subchapter B, Approval for Participation in the State Authorization Reciprocity Agreement (SARA) for Private or Independent Institutions of Higher Education and Private Postsecondary Educational Institutions. The amendments to §7.54 would change the appeal process for institutions that have been denied membership in SARA by the Coordinating Board. The current process allows institutions to appeal a Coordinating Board denial to the Southern Regional Education Board and the National Council for SARA (NC-SARA). New NC-SARA policy requires SARA member states to develop and implement an in-state appeal process, giving states the final authority to deny institutions SARA membership. The new appeal process must be in place by January 1, 2021.

Dr. Stacey Silverman, Assistant Commissioner for Academic Quality and Workforce, has determined that for the first five years there will be no fiscal implications for state or local governments as a result of adding the new section.

Dr. Silverman has also determined that for each year of the first five years the amendments are in effect, the public benefits anticipated as a result of administering the section will be the clarification of Coordinating Board policy for institutions interested in applying for SARA or currently participating in SARA. These changes will ensure Texas remains in compliance with NC-SARA policy, allowing institutions to continue participation in SARA. There is no impact on local employment, small businesses, micro businesses, or rural communities.

Comments on the proposal may be submitted by mail to Stacey Silverman, Interim Assistant Commissioner, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas, 78711 or via email at AQWComments@THECB.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

Government Growth Impact Statement:

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will create a new rule;

(6) the rules will not limit or repeal an existing rule;

(7) the rules will not change the number of individuals subject to the rule; and

(8) the rules will have no effect on the state's economy.

The amendments are proposed under the Texas Education Code, Section 61.05121, which provides the Coordinating Board with the authority to administer state participation in State Authorization Reciprocity Agreements.

The new section affects the implementation of Texas Education Code, Section 61.05121.

§7.54.Admission to SARA.

All eligible institutions may apply to the Coordinating Board for admission to SARA under the signature of the institution's chief academic officer. Coordinating Board staff will review the application and make a determination to approve or deny the request to participate [patriciate] in SARA. Within the application, an institution shall make assurances that it:

(1) Agrees to abide by the C-RAC Guidelines for the Evaluation of Distance Education.

(2) Agrees to be responsible for the actions of any third-party providers used by the institution to engage in operations under SARA.

(3) Agrees to notify the board of any negative changes to its accreditation status.

(4) Agrees to provide data requested by the board.

(5) Agrees to cooperate with the board in the investigation of any complaints arising from the students its serves in other states through SARA and to abide by investigating authority's resolution of any such complaint.

(6) All complaints must follow the institution's customary resolution procedure prior to being referred to the Coordinating Board. Grade appeals and student conduct appeals will be resolved at the institutional level without further appeal through SARA.

(7) Agrees to notify all students in a course or program that customarily leads to professional licensure, or which a student could reasonably believe leads to such licensure, whether or not the course or program meets requirements for licensure in the state where the student resides. If an institution does not know whether the course or program meets licensure requirements in the student's state of residence, the institution may meet this SARA requirement by informing the student in writing and providing the student the contact information for the appropriate state licensing board(s). An email dedicated solely to this purpose and sent to the student's best known email address meets this requirement.

(8) Agrees, in cases where the institution cannot fully deliver the instruction for which a student has contracted, to provide a reasonable alternative for delivering the instruction or reasonable financial compensation for the education the student did not receive.

(9) Agrees to [If approved, the institution must] pay an annual fee to NC-SARA. This fee replaces any state fees that the institution would normally pay to other SARA member states. If an institution offers distance education to students in non-SARA participating states, it must pay required state fees.

(10) If institutional membership is denied, the board will provide a written reason for denial. The institution may reapply at any time, having corrected any deficiencies, or may appeal the denial within 30 calendar days to the Coordinating Board's SARA signatory. [SARA director of SREB. If the denial is upheld by SREB, the institution may appeal to NC-SARA.] The Coordinating Board's SARA signatory will review the appeal and render a final decision. If the denial is upheld, the institution may appeal to the SREB to determine if the board has met the requirements of SARA, but the SREB cannot overturn the final decision made by the Coordinating Board's SARA signatory.

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 10, 2020.

TRD-202003287

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 20, 2020

For further information, please call: (512) 427-6206


CHAPTER 22. STUDENT FINANCIAL AID PROGRAMS

SUBCHAPTER A. GENERAL PROVISIONS

19 TAC §22.11

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to 19 Texas Administrative Code Chapter 22, Subchapter A, §22.11(b) of Board rules, concerning General Provisions. Section 22.11(b) is amended to provide clarity on the flexibility institutions have regarding funding in the Texas College Work-Study and Work-Study Student Mentorship Programs. Section 22.11(b)(1) reflects the authority provided in General Appropriations Act, HB1, Article III, Section 18, 86th Texas Legislature. Section 22.11(b)(2) is proposed to provide institutions with guidance on transferring funds between the two programs funded by the Texas College Work-Study appropriation. The agency proposes a transfer limit in line with what financial aid practitioners are familiar with for Federal Work-Study and Federal Supplemental Educational Opportunity Grant Programs. Some instances of the word "award" throughout the amended rule have been replaced with either "grant" or "offer," depending on the meaning and use of the phrase, to reflect current financial aid terminology.

Dr. Charles W. Contéro-Puls, Deputy Assistant Commissioner for Student Financial Aid Programs, has determined that for each of the first five years the sections are in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rules.

Dr. Contéro-Puls has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of administering the sections will be a clearer understanding of the requirements of the program. There are no anticipated economic costs to persons who are required to comply with the sections as proposed. There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Government Growth Impact Statement:

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will not create a new rule;

(6) the rules will clarify rule §22.11(b);

(7) the rules will not increase or decrease the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

Comments on the proposal may be submitted to Charles W. Contéro-Puls, Ed.D., Deputy Assistant Commissioner, Student Financial Aid Programs, P.O. Box 12788, Austin, Texas 78711, (512) 427-6365, Charles.Contero-Puls@HigherEd.Texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendments are proposed under the Texas Education Code, Sections 56.071-56.079, which provides the Coordinating Board with the authority to adopt rules for the implementation and administration of the Texas College Work-Study Program.

The proposed amendments affect Texas Education Code, Sections 56.071-56.079.

§22.11.Provisions Specific [specific ] to the TEXAS Grant, TEOG, TEG, and Texas Work-Study Programs.

(a) Funding. Funds offered [awarded] through this program may not exceed the amount of appropriations, gifts, grants and other funds that are available for this use (§§56.303(c) and 56.403(c)[)] Texas Education Code).

(b) Authority to Transfer Funds. [Institutions participating in a combination of the Toward EXcellence, Access and Success Grant, Texas Educational Opportunity Grant, Tuition Equalization Grant, and Texas College Work-Study Programs, in accordance with instructions from the Board, may transfer current fiscal year funds up to the lesser of 10 percent or $20,000 between these programs. This threshold applies to the program form which the funds are transferred. Such transfers must occur by July 1 of the current fiscal year.]

(1) Institutions participating in a combination of the Toward EXcellence, Access and Success Grant, Texas Educational Opportunity Grant, Tuition Equalization Grant, and Texas College Work-Study Programs, in accordance with instructions from the Board, may transfer current fiscal year funds up to the lesser of 10 percent or $20,000 between these programs. This threshold applies to the program from which the funds are transferred. Such transfers must occur by July 1 of the current fiscal year.

(2) Institutions participating in both the Texas College Work-Study Program and the Work-Study Student Mentorship Program, in accordance with instructions from the Board, may transfer current fiscal year funds up to 25 percent between the two programs. This threshold applies to the program from which the funds are transferred. Such transfers must occur by July 1 of the current fiscal year.

(c) Grant [Award] Uses. No state grant or work-study funding may be used for any purpose other than paying for any usual and customary cost of attendance incurred by the student related to enrollment at a participating institution of higher education for the academic year for which funding was offered [awarded].

(d) Over Awards. If, at a time after the grant [award] has been disbursed by the institution to the student, the student receives assistance that was not taken into account in the institution's estimate of the student's financial need, so that the resulting sum of assistance exceeds the student's financial need, the institution is not required to adjust the grant [award ] under this program unless the sum of the excess resources is greater than $300.

(e) Grant [Award] adjustments. If a student officially withdraws from enrollment, the institution shall follow its general institutional refund policy in determining the amount by which the financial aid is to be reduced. If the student withdraws or drops classes after the end of the institution's refund period, no refunds are due to the program. If for some other reason the amount of a student's disbursement exceeds the amount the student is eligible to receive, the financial aid should be recalculated accordingly.

(f) Re-offering [Re-awarding] of funds. Funds made available from grant [award] adjustments may be re-offered [re-awarded] to other eligible students attending the institution. If funds cannot be re-offered[re-awarded], they should be returned to the Board in accordance with §22.2 of this subchapter (relating to Timely Distribution of Funds).

(g) Late Disbursements.

(1) A student may receive a disbursement after the end of his/her period of enrollment if the student:

(A) Owes funds to the institution for the period of enrollment for which the grant [award] is being made; or

(B) Received a student loan that is still outstanding for the period of enrollment.

(2) Funds that are disbursed after the end of the student's period of enrollment must be used to either pay the student's outstanding balance from his/her period of enrollment at the institution or to make a payment against an outstanding student loan received during that period of enrollment. Under no circumstances are funds to be released to the student.

(3) Documentation must be retained by the institution, proving the late-disbursed funds were used to make a payment against an outstanding balance at the institution from the relevant period of enrollment and/or to make a payment against an outstanding loan taken out for the period of enrollment.

(4) Unless granted an extension by the staff of the Coordinating Board, late disbursements must be processed prior to the end of the state fiscal year for which the funds were allocated to the institution.

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 10, 2020.

TRD-202003265

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 20, 2020

For further information, please call: (512) 427-6365


SUBCHAPTER B. PROVISIONS FOR THE TUITION EQUALIZATION GRANT PROGRAM

19 TAC §22.28

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to 19 Texas Administrative Code Chapter 22, Subchapter B, §22.28 of Board rules, concerning the Tuition Equalization Grant Program.

The removal of language from §22.28(c) is proposed to introduce greater flexibility for institutions in their efforts to address the needs of their student population and to eliminate an unnecessary level of complexity in the administration and understanding of the grant program.

Dr. Charles W. Contéro-Puls, Deputy Assistant Commissioner for Student Financial Aid Programs, has determined that for each of the first five years the sections are in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rules.

Dr. Contéro-Puls has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be a clearer understanding of the requirements of the program. There are no anticipated economic costs to persons who are required to comply with the sections as proposed. There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Government Growth Impact Statement:

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will not create a new rule;

(6) the rules will limit rule §22.28;

(7) the rules will not increase or decrease the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

Comments on the proposal may be submitted to Charles W. Contéro-Puls, Ed.D., Deputy Assistant Commissioner, Student Financial Aid Programs, P.O. Box 12788, Austin, Texas 78711, (512) 427-6365, Charles.Contero-Puls@HigherEd.Texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendments are proposed under the Texas Education Code, Sections 61.221-61.230, which provides the Coordinating Board with the authority to adopt rules for the implementation and administration of the Tuition Equalization Grant Program.

The proposed amendments affect Texas Education Code, Sections 61.221-61.230.

§22.28.Award Amounts and Adjustments.

(a) - (b) (No change.)

[(c) Prorated Awards. If an eligible student is enrolled less than three-quarter-time in a semester, as measured on the census date, the student's award for that semester may not exceed 50% of the maximum award.]

(d) (No change.)

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 10, 2020.

TRD-202003266

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 20, 2020

For further information, please call: (512) 427-6365


SUBCHAPTER L. TOWARD EXCELLENCE, ACCESS, AND SUCCESS (TEXAS) GRANT PROGRAM

19 TAC §§22.225 - 22.231, 22.233, 22.234, 22.241

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Chapter 22, Subchapter L, §§22.225-22.231, 22.233, 22.234, and 22.241 of Board rules, concerning the Toward EXcellence, Access and Success Grant Program. Some instances of the word "award" throughout the amended rule have been replaced with either "grant" or "offer," depending on the meaning and use of the phrase, to reflect current financial aid terminology.

Section 22.225, concerning "Authority and Purpose," is amended to increase consistency in language within Chapter 22 and to clarify both the need-based nature of the program and the limitation to public institutions.

Section 22.226, concerning "Definitions," is amended to strike the terms that are not used in the subchapter, are defined in Subchapter A, §22.1, or are defined at the time they are used in the subchapter. Section 22.226(1) is amended to remove multiple terms with the same meaning in the subchapter. Section 22.226(2) and (3) are amended to remove the term "certificate," as the program is not available to individuals pursuing certificates, and to clarify the reference to programs of more than four years. Section 22.226(5), (7), and (12) are amended to clarify statutory references. Section 22.226(7) is added to clarify the term "public institution." The terms "institution" or "institution of higher education" have been replaced with "public institution" throughout the subchapter. Section 22.226(10) is added to provide clarity of the term "private institution" within the subchapter. Section 22.226(11) is added to clarify the word "program," as it is used in this subchapter. References throughout the document have been aligned with the defined terms.

Section 22.227(a), concerning "Eligible Institutions," is amended to clarify eligible institutions and to increase consistency in language within Chapter 22. Section 22.227(b) is amended to clarify the approval process. Section 22.227(c) replaces language that is duplicated in Subchapter A with a reference to the subchapter.

Section 22.228, concerning "Eligible Students," is amended to remove language that has expired or that has been moved to §22.230, regarding "Discontinuation of Eligibility or Non-Eligibility," or §22.233, concerning "Priorities in Grants to Students." Section 22.228(a)(6)(D) corrects references regarding students who are eligible to receive TEXAS Grant based on prior receipt of a Texas Educational Opportunity Grant. Section 22.228(b) is amended to remove redundant language and to add clarifying language to support summer grants. Section 22.228(c) removes language that has been moved to §22.233, concerning "Priorities in Grants to Students."

Section 22.229, concerning "Satisfactory Academic Progress," is amended to remove expired or unnecessary language, to add clarifying language to support summer grants and to align with defined terms.

Section 22.230, concerning "Discontinuation of Eligibility or Non-Eligibility," is amended to add language regarding discontinuation of eligibility or non-eligibility that was removed from other sections. Language has been revised to support summer grants, to align with defined terms, and to remove unnecessary or duplicative language. Section 22.230(h) is amended to align the section with the statutory reference to "semester."

Section 22.231, concerning "Hardship Provisions," is amended to improve clarity by moving language to §22.229, concerning "Satisfactory Academic Progress" and §22.230, concerning "Discontinuation of Eligibility or Non-Eligibility," and as well as clarifying and aligning expectations with other subchapters. Section 22.231(c) is amended to extend the hardship to all eligibility pathways described in §22.228(a)(6).

Section 22.233, concerning "Priority in Awards to Students," is amended adding language from other sections of the subchapter to bring all program priorities under one section.

Section 22.234, concerning "Award Amounts," is amended by removing duplicative language, including language that exists in Subchapter A concerning "General Provisions." The section is also amended to add language that aligns the rule with statutory requirements and supports summer grants. The removal of §22.234(e) and (f) is proposed to introduce greater flexibility for institutions in their efforts to address the needs of their student population and to eliminate an unnecessary level of complexity in the administration and understanding of the grant program.

Section 22.241(b) is amended to correct a statutory reference.

Dr. Charles W. Contéro-Puls, Deputy Assistant Commissioner for Student Financial Aid Programs, has determined that for each of the first five years the sections are in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rules.

Dr. Contéro-Puls has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be a clearer understanding of the requirements of the program. There are no anticipated economic costs to persons who are required to comply with the sections as proposed. There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Government Growth Impact Statement:

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will not create a new rule;

(6) the rules will amend, clarify, and limit rules §§22.225-22.231, 22.233, 22.234, 22.236, and 22.241;

(7) the rules will decrease the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

Comments on the proposal may be submitted to Charles W. Contéro-Puls, Ed.D., Deputy Assistant Commissioner, Student Financial Aid Programs, P.O. Box 12788, Austin, Texas 78711, (512) 427-6365, Charles.Contero-Puls@HigherEd.Texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendment is proposed under the Texas Education Code, Section 56.301-56.311, which provides the Coordinating Board with the authority to adopt rules for the administration of the Toward EXcellence, Access and Success Grant Program.

The amendment affects Texas Education Code, Section 56.301-56.311.

§22.225.Authority and Purpose.

(a) Authority. Authority for this subchapter is provided in the Texas Education Code, Chapter 56, Subchapter M, Toward EXcellence, Access and Success (TEXAS) Grant Program. This subchapter establishes [These rules establish] procedures to administer [the subchapter as prescribed in the] Texas Education Code, §§56.301 - 56.311.

(b) Purpose. The purpose of this program is to provide need-based grants of money to enable eligible [certain ] students to attend eligible public institutions of higher education in this state.

§22.226.Definitions.

In addition to the words and terms defined in §22.1 of this Chapter, the [The] following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Awarded--Offered to a student.]

[(2) Board--The Texas Higher Education Coordinating Board.]

[(3) Commissioner--The Commissioner of Higher Education, the Chief Executive Officer of the Board.]

[(4) Committee--The TEXAS Grant Oversight Committee, authorized through Texas Education Code, §56.311.]

(1) [(5)] Continuation grant [or renewal award]--A TEXAS Grant offered [awarded] to a person who has previously received an initial year grant [award].

[(6) Cost of attendance--An institution's estimate of the expenses incurred by a typical financial aid student. It includes direct educational costs (tuition, fees, books, and supplies) as well as indirect costs (room and board, transportation, and personal expenses).]

(2) [(7)] Degree [or certificate ] program of four years or less--A baccalaureate degree [or certificate] program, other than a [in architecture, engineering or any other] program determined by the Board to require four years or less to complete.

(3) [(8)] Degree [or certificate ] program of more than four years--A baccalaureate degree [or certificate] program [in architecture, engineering or any other program] determined by the Board to require more than four years to complete.

[(9) Eligible institution--During the 2013-2014 academic year, all institutions of higher education are eligible to make initial and continuation awards. Beginning with awards for fall 2014, only medical or dental units and general academic teaching institutions other than the public state colleges may make initial and continuation awards. Other institutions of higher education, including public state institutions, may only make continuation awards and can make continuation awards only to otherwise eligible students who received TEXAS Grant awards prior to fall 2014.]

(4) [(10)] Encumbered Funds - Funds ready for disbursal to the institution, based on the institution having submitted to the Board the required documentation to request funds.

[(11) Enrolled on at least a three-quarter basis--Enrolled for the equivalent of nine undergraduate semester credit hours in a regular semester.

[(12) Entering undergraduate--A student enrolled in the first 30 semester credit hours or their equivalent, excluding hours taken during dual enrollment in high school and courses for which the student received credit through examination.]

[(13) Expected family contribution--The amount of discretionary income that should be available to a student from his or her resources and that of his or her family, as determined following the federal methodology.]

[(14) Financial Aid Advisory Committee--An advisory committee for the Board, authorized in Texas Education Code, §61.0776 and charged with providing the Board advice and recommendations regarding the development, implementation and evaluation of state financial aid programs for college students.]

[(15) Financial need--The cost of attendance at a particular public or private institution of higher education less the expected family contribution. The cost of attendance and family contribution are to be determined in accordance with Board guidelines. Federal and state veterans' educational and special combat pay benefits are not to be considered in determining a student's financial need.]

[(16) Foundation high school program--The curriculum specified in the Texas Education Code, §28.025, as it exists after the passage of House Bill 5 by the 83rd Legislature, Regular Session, and the rules promulgated thereunder by the State Board of Education.]

(5) [(17)] General Academic Teaching Institution--As the term is defined in Texas Education Code, §61.003(3) [§61.003].

[(18) Honorably discharged--Released from active duty military service with an Honorable Discharge, General Discharge under Honorable Conditions, or Honorable Separation or Release from Active Duty, as documented by the Certificate of Release or Discharge from Active Duty (DD214) issued by the Department of Defense.]

(6) [(19)] Initial year grant [award]--The TEXAS Grant offered [grant award made] in the student's first year in the TEXAS Grant Program, typically made up of a fall and spring disbursement.

(20) Institution of Higher Education or Institution--Any public technical institute, public junior college, public senior college or university, medical or dental unit or other agency of higher education as defined] in Texas Education Code, §61.003(8).]

(7) [(21)] Medical or dental unit--As the term is defined in Texas Education Code, §61.003(5) [§61.003].

(8) Public Institution--As the term, institution of higher education, is defined in Texas Education Code, §61.003(8)

[(22) Period of enrollment--The term or terms within the current state fiscal year (September 1-August 31) for which the student was enrolled in an eligible institution and met all the eligibility requirements for an award through this program.]

(9) [(23)] Prior-prior year--For allocation purposes, the state fiscal year that began two years earlier than the fiscal year for which the allocation is being calculated.

[(24) Priority Model--The additional academic requirements for priority consideration for an initial year TEXAS grant award for persons who graduate from high school on or after May 1, 2013 and enroll in a general academic teaching institution in the 2013-2014 academic year or enroll in a medical or dental unit or general academic teaching institution other than a state college in fall 2014 or later, as described in §22.228 of this title (relating to Eligible Students).]

(10) Private Institution--As the term, private or independent institution of higher education, is defined in Texas Education Code, §61.003(15).

(11) Program--The Toward EXcellence, Access and Success (TEXAS) Grant program.

[(25) Program Officer--The individual named by each participating institution's chief executive officer to serve as agent for the Board. The Program Officer has primary responsibility for all ministerial acts required by the program, including maintenance of all records and preparation and submission of reports reflecting program transactions. Unless otherwise indicated by the administration, the director of student financial aid shall serve as Program Officer.]

(12) [(26)] Public state college--As the term is defined in Texas Education Code, §61.003(16) [§61.003].

[(27) Recommended or advanced high school programs--The curriculum specified in the Texas Education Code, §28.025 as it existed as of January 1, 2013, and the rules promulgated thereunder by the State Board of Education.]

(13) [(28)] Required fees--A mandatory fee (required by statute) or discretionary fee (authorized by statute, imposed by the governing board of a public [an ] institution) and that a public [an] institution charges to a student as a condition of enrollment at the public institution or in a specific course.

[(29) Resident of Texas--A resident of the State of Texas as determined in accordance with Chapter 21, Subchapter B, of this title (relating to Determination of Resident Status). Nonresident students who are eligible to pay resident tuition rates are not residents of Texas.]

(14) [(30)] Target grant [award] amount--An [award] amount set by the Coordinating Board, in consultation with public institutions participating in the TEXAS Grant Program, and used as the recommended average grant [award] amount for the TEXAS Grant Program for a biennium and in establishing renewal year allocations to participating public institutions as described in §22.236(a)(1) of this title (relating to Allocation and Reallocation of Funds).

(15) [(31)] Tuition--Statutory tuition, designated and/or Board-authorized tuition.

§22.227.Eligible Institutions.

(a) Eligibility.

(1) Institutions [Prior to fall 2014, all institutions of higher education are eligible to participate in the TEXAS Grant program. Beginning with awards for fall 2014, the only institutions] eligible to make initial year and continuation grants [awards] in the program are medical or [and] dental units and general academic teaching institutions, other than the public state colleges. Other public institutions [of higher education], including public state colleges, are only eligible to make continuation grants [awards], and can make continuation grants [awards] only to persons who initially received TEXAS Grants [grant awards] prior to fall 2014 through a public state college, community college, or technical college.

(2) No participating public institution may, on the grounds of race, color, national origin, gender, religion, age, or disability exclude an individual from participation in, or deny the benefits of the program described in this subchapter.

(3) Each participating public institution must follow the Civil Rights Act of 1964, Title VI (Public Law 88-353) in avoiding discrimination in admissions or employment.

(b) Approval.

(1) Agreement. Each eligible public institution must enter into an agreement with the Board, the terms of which shall be prescribed by the Commissioner or his/her designee, prior to being approved to participate in the program.

(2) Approval Deadline. An eligible public institution must enter into an agreement with the Board and indicate an intent to participate in the program [be approved] by April 1 in order for qualified students enrolled in that public institution to be eligible to receive grants in the following fiscal year.

(c) Responsibilities. Participating public institutions are required to abide by the General Provisions outlined in subchapter A of this Chapter.

[(1) Probation Notice. If the institution is placed on public probation by its accrediting agency, it must immediately advise the Board and grant recipients of this condition and maintain evidence in each student's file to demonstrate that the student was so informed.]

[(2) Disbursements to Students.]

[(A) Documentation. The institution must maintain records to prove the receipt of program funds by the student or the crediting of such funds to the student's school account.]

[(B) Procedures in Case of Illegal Disbursements. If the Commissioner has reason for concern that an institution has disbursed funds for unauthorized purposes, the Board will notify the Program Officer and financial aid officer and offer an opportunity for a hearing pursuant to the procedures outlined in Chapter 1 of this title (relating to Agency Administration). Thereafter, if the Board determines that funds have been improperly disbursed, the institution shall become primarily responsible for restoring the funds to the Board. No further disbursements of grants or scholarships shall be permitted to students at that institution until the funds have been repaid.

[(3) Reporting Requirements/Deadlines. All institutions must meet Board reporting requirements in a timely fashion. Such reporting requirements shall include reports specific to allocation and reallocation of grant funds (including the Financial Aid Database Report) as well as progress and year-end reports of program activities.]

[(4) Program Reviews. If selected for such by the Board, participating institutions must submit to program reviews of activities related to the TEXAS Grant Program.]

§22.228.Eligible Students.

[(a) All persons who receive an initial award through the TEXAS Grant Program while attending public community colleges, technical colleges or the Lamar Institute of Technology in the 2013-2014 academic year must:]

[(1) be a resident of Texas;]

[(2) show financial need;]

[(3) have applied for any available financial aid assistance;]

[(4) not have been granted a baccalaureate degree;]

[(5) be a graduate of an accredited high school in this state not earlier than the 1998-1999 school year;]

[(6) have completed the Recommended or Advanced High School Program, or if a graduate of a private high school, its equivalent, unless the student:]

[(A) graduated from a public high school that has been certified by its district not to offer all the courses necessary to complete all parts of the Recommended or Advanced High School Program, and the student has completed all courses that the high school offered toward the completion of such a curriculum; or]

[(B) was anticipated to graduate under the Recommended or Advanced High School Program or meet the academic requirements as outlined by subsection (b)(5) of this section when the award was made; or]

[(C) has received an associate degree from an eligible institution no earlier than May 1, 2001; or]

[(D) was anticipated to receive an associate degree from an eligible institution no earlier than the twelfth month prior to the month in which the student enrolled for fall 2013;]

[(7) enroll in an undergraduate degree or certificate program at an eligible institution on at least a three-quarter time basis:]

[(A) not later than the end of the 16th month after high school graduation, if an entering undergraduate student; or]

[(B) not later than the 12th month after the month the student has received an associate degree;]

[(8) have a statement on file with his or her institution that indicates the student is registered with the Selective Service System as required by federal law or is exempt from selective service registration under federal law; and]

[(9) if awarded the grant on or after September 1, 2005, be enrolled in an institution of higher education.]

[(b) To receive an initial TEXAS Grant award for the 2013-2014 academic year, a person graduating from high school on or after May 1, 2013 and enrolling in a general academic teaching institution must:]

[(1) be a resident of Texas;]

[(2) show financial need;]

[(3) have applied for any available financial aid assistance;]

[(4) not have been granted a baccalaureate degree; and]

[(5) to receive top consideration for an award, meet the academic requirements prescribed by subparagraph (A) of this paragraph and meet the priority deadline set by the Board in compliance with Texas Education Code, §56.008. If funds remain after awards are made to all students meeting the criteria in subparagraph (A) of this paragraph and meet the priority deadline, remaining funds may be awarded to persons who meet the priority deadline and are otherwise eligible for awards. Once these awards are made, remaining funds may be awarded to otherwise eligible persons who did not meet the deadline:]

[(A) graduate or be on track to graduate from a public or accredited private high school in Texas and complete or be on track to complete the Recommended High School Curriculum or its equivalent and on track to have accomplished any two or more of the following at the time the award was made:]

[(i) graduation under the advanced high school program established under Texas Education Code, §28.025 or its equivalent, successful completion of the course requirements of the international baccalaureate diploma program, or earning of the equivalent of at least 12 semester credit hours of college credit in high school through courses described in Texas Education Code, §28.009(a)(1), (2), and (3);]

[(ii) satisfaction of the Texas Success Initiative (TSI) college readiness benchmarks prescribed by the Coordinating Board under Texas Education Code, §51.3062(f) on any assessment instrument designated by the Coordinating Board under Texas Education Code, §51.3062(c) or (e) or qualification for an exemption as described by Texas Education Code, §51.3062(p), (q), or (q-1);]

[(iii) graduation in the top one-third of the person's high school graduating class or graduation from high school with a grade point average of at least 3.0 on a four-point scale or the equivalent; or]

[(iv) completion for high school credit of at least one advanced mathematics course following the successful completion of an Algebra II course, as permitted by Texas Education Code, §28.025(b-3), or at least one advanced career and technical course, as permitted by Texas Education Code, §28.025(b-2);]

[(B) have received an associate degree or be on track to receive an associate's degree from a public or private institution of higher education at the time the award was made; or]

[(C) if sufficient money remains, meet the eligibility criteria described by subsection (a) of this section.]

[(6) Except as provided under §22.231 of this title (relating to Hardship Provisions), a person must also enroll in an undergraduate degree or certificate program at a general academic teaching institution on at least a three-quarter time basis as:]

[(A) an entering undergraduate student not later than the end of the 16th month after high school graduation; or]

[(B) an entering undergraduate student who entered military service not later than the first anniversary of the date of high school graduation and enrolled in a general academic teaching institution no later than 12 months after being honorably discharged from military service; or]

[(C) a continuing undergraduate not later than the end of the 12th month after the calendar month in which the student received an associate degree; and]

[(7) have a statement on file with his or her institution that indicates the student is registered with the Selective Service System as required by federal law or is exempt from selective service registration under federal law.]

(a) [(c)] To qualify for an initial year grant [award for fall 2014 or later], a person who graduates from high school [on or after May 1, 2013] must:

(1) be enrolled in a medical or dental unit or general academic teaching institution other than public state colleges;

(2) be a resident of Texas;

(3) meet financial need requirements established by the Board;

(4) have applied for any available financial aid assistance;

(5) meet applicable standards outlined in Subchapter A of this Chapter [not have been granted a baccalaureate degree]; and

[(6) to receive top consideration for an award, meet the academic requirements prescribed by subparagraph (A) of this paragraph and meet the priority deadline set by the Board in compliance with Texas Education Code, §56.008. If funds remain after awards are made to all students meeting the criteria in subparagraph (A) of this paragraph and meet the priority deadline, remaining funds may be awarded to persons who meet the priority deadline and are otherwise eligible for awards. Once these awards are made, remaining funds may be awarded to otherwise eligible persons who did not meet the priority deadline:]

[(A) graduate or be on track to graduate from a public or accredited private high school in Texas on or after May 1, 2013, and complete or be on track to complete the Foundation High School program or its equivalent as amended in keeping with Texas Education Code, §56.009. An otherwise eligible student graduating before September 1, 2020, must complete or be on track to complete the Foundation, recommended, or advanced High School program. The person must also be on track to have accomplished any two or more of the following at the time the award was made:]

[(i) successful completion of the course requirements of the recommended or advanced high school program established under Texas Education Code, §28.025 or its equivalent or the international baccalaureate diploma program, or earning of the equivalent of at least 12 semester credit hours of college credit in high school through courses described in Texas Education Code, §28.009(a)(1), (2), and (3), or if graduating prior to September 1, 2020, graduate under the Recommended or Advanced high school program;]

[(ii) satisfaction of the Texas Success Initiative (TSI) college readiness benchmarks prescribed by the Board under Texas Education Code, §51.3062(f) on any assessment instrument designated by the Board under Texas Education Code, §51.3062(c) or qualification for an exemption as described by Texas Education Code, §51.3062(p), (q), or (q-1);]

[(iii) graduation in the top one-third of the person's high school graduating class or graduation from high school with a grade point average of at least 3.0 on a four-point scale or the equivalent; or]

[(iv) completion for high school credit of at least one advanced mathematics course following the successful completion of an Algebra II course, or at least one advanced career and technical or technical applications course;]

[(B) have received an associate's degree or be on track to receive an associate's degree from a public or private institution of higher education at the time the award was made; or]

[(C) meet the eligibility criteria described in subsection (a) of this section.]

(6) [(7)] Except as provided under §22.231 of this title (relating to Hardship Provisions), to receive an initial year grant [award in fall 2014 or later], an otherwise eligible person must [also] enroll in a baccalaureate degree program at an eligible public institution on at least a three-quarter time basis as:

(A) an entering undergraduate student not later than the end of the 16th month after the calendar month in which the person graduated from high school [graduation]; or

(B) an entering undergraduate student who entered military service not later than the first anniversary of the date of high school graduation and enrolled in an eligible public institution no later than 12 months after being released from active duty military service with an Honorable Discharge, General Discharge under Honorable Conditions, or Honorable Separation or Release from Active Duty, as documented by the Certificate of Release or Discharge from Active Duty (DD214) issued by the Department of Defense [honorably discharged from military service];

(C) a continuing undergraduate student not later than the end of the 12th month after the calendar month in which the student received an associate [associate's] degree; or

(D) a continuing [an entering] undergraduate student who has:

(i) previously attended a public institution [an institution of higher education];

(ii) received an initial Texas Educational Opportunity Grant under Subchapter M of this Chapter [P] for the 2014 fall semester or a subsequent semester [academic term];

(iii) completed at least 24 semester credit hours at any [Texas] public institution(s) or private institution(s) [institution or institutions of higher education];

(iv) earned an overall grade point average of at least 2.5 on a four-point scale or the equivalent on all course work previously attempted; and

(v) has never previously received a TEXAS Grant. [; and

[(8) have a statement on file with his or her institution that indicates the student is registered with the Selective Service System as required by federal law or is exempt from selective service registration under federal law.]

(b) [(d)] Continuation Grants [Awards]. To receive a continuation grant [award] through the TEXAS Grant Program, a student must:

have previously received an initial year grant [award] through this program;

(2) show financial need in the semester(s) in which a TEXAS Grant is offered;

(3) be enrolled at least three-quarter time in the semester(s) in which a TEXAS Grant is offered unless granted a hardship waiver of this requirement under §22.231 of this title;

(4) [if he or she received an initial TEXAS Grant award prior to fall 2014,] be enrolled in a baccalaureate [an undergraduate degree or certificate] program at the [an] eligible public institution; [if he or she received an initial TEXAS Grant award in fall 2014 or later, be enrolled in a baccalaureate degree at a medical or dental unit or general academic teaching institution other than a state college;

[(5) not have been granted a baccalaureate degree;]

[(6) have a statement on file with his or her institution that indicates the student is registered with the selective service system as required by federal law or is exempt from selective service registration under federal law; and]

(5) [(7) if he or she received an initial TEXAS Grant award prior to fall 2014, make satisfactory academic progress towards an undergraduate degree or certificate, as defined in §22.229 of this title (relating to Satisfactory Academic Progress); if he or she received an initial TEXAS Grant award in fall 2014 or later,] make satisfactory academic progress towards a baccalaureate degree at the [an] eligible public institution, as defined in §22.229 of this title(relating to Satisfactory Academic Progress) [.]

(6) meet applicable standards outlined in Subchapter A of this Chapter; and

(7) [(8)] If a student's eligibility was based on the expectation that the student would complete a high school diploma or associate degree in time to meet the requirements for Program eligibility, [the Recommended or Advanced or Foundation High School Program, meet the priority model academic requirements as outlined in subsection (b)(5) or (c)(6) of this section, or acquire an associate's degree] and the student failed to do so, then, in order to resume eligibility, such a student must:

(A) receive an associate [associate's] degree;

(B) meet all other qualifications for a TEXAS Grant;

(C) if required to do so by the institution through which the TEXAS Grant was made, repay the amount of the TEXAS Grant that was previously received; and

(D) enroll in a higher-level undergraduate degree program in an eligible public institution not later than the 12th month after the month the student received an associate [associate's] degree.

(e) In determining initial student eligibility for TEXAS Grant awards pursuant to subsections (a), (b) and (c) of this section, priority shall be given to those students who have an expected family contribution that does not exceed the lesser of the limit set by the Board for the relevant fiscal year or 60 percent of the average statewide amount of tuition and fees for general academic teaching institutions for the relevant academic year.]

§22.229.Satisfactory Academic Progress.

(a) To qualify for a continuation grant [or renewal award] after the academic year in which a person receives an initial year grant [award], each recipient of the TEXAS Grant shall meet the academic progress requirements as indicated by the financial aid office of his or her institution.

(b) To receive a subsequent grant [award] after he or she receives a continuation grant [award:]

[(1) a recipient who was awarded an initial year TEXAS grant prior to September 1, 2005, shall, unless granted a hardship postponement in accordance with §22.231 of this title (relating to Hardship Provisions):]

[(A) complete at least 75 percent of the hours attempted in his or her most recent academic year, as determined by institutional policies; and]

[(B) maintain an overall grade point average of at least 2.5 on a four point scale or its equivalent, for all coursework attempted at public or private or independent institutions of higher education.]

[(2) To receive a subsequent award after he or she received a continuation award], a recipient [who was awarded an initial year award through the TEXAS Grant Program on or after September 1, 2005] shall, unless granted a hardship postponement in accordance with §22.231 of this title(relating to Hardship Provisions):

(1) [(A)] complete at least 24 semester credit hours in his or her most recent academic year; and[,]

(2) [(B)] maintain an overall grade point average of at least 2.5 on a four point scale or its equivalent, for all coursework attempted at public institutions and private institutions [an institution or private or independent institution].

(3) [(C)] An [A first-time] entering undergraduate [freshman] student enrolling in a participating public institution for the second or later [regular term or] semester in a given academic year meets the semester-credit-hour requirement outlined in paragraph (1) [subparagraph (A)] of this subsection [paragraph] for continuing in the program if he or she completes at least 12 semester credit hours or its equivalent during that [term or] semester.

(c) The calculation of a student's GPA is to be completed in accordance with the General Provisions outlined in Subchapter A of this Chapter.

(d) The completion rate calculations may be made in keeping with institutional policies.

[(c) A grant recipient who is below program grade point average requirements as of the end of a spring term may appeal his/her grade point average calculation if he/she has taken courses previously at one or more different institutions. In the case of such an appeal, the current institution (if presented with transcripts from the previous institutions), shall calculate an overall grade point average counting all classes and grade points previously earned. If the resulting grade point average exceeds the program's academic progress requirement, an otherwise eligible student may receive an award in the following fall term.]

§22.230.Discontinuation of Eligibility or Non-Eligibility.

(a) A student may not receive a TEXAS Grant after having already being granted a baccalaureate degree.

(b) A student may not receive a TEXAS Grant for a semester in which he or she is enrolled for fewer than six hours.

[(a) For recipients who received a TEXAS Grant prior to Fall 2005 or were awarded an initial year TEXAS Grant for the 2005-2006 academic year prior to September 1, 2005:]

[(1) Unless granted a hardship postponement in accordance with §22.231 of this title (relating to Hardship Provisions), a student's eligibility for a TEXAS Grant ends six years from the start of the semester or term in which the student received his or her first disbursement of an initial TEXAS Grant award, if the student's eligibility for a TEXAS Grant was based on the completion of the Recommended or Advanced High School Program or its equivalent in high school.]

[(2) Unless granted a hardship postponement in accordance with §22.231 of this title, a student's eligibility ends four years from the date of the semester or term in which the student received his or her first disbursement of an initial TEXAS Grant award if the student's eligibility was based on receiving an associate's degree.]

[(b) For recipients who were awarded an initial year award through the TEXAS Grant program for the 2005-2006 academic year on or after September 1, 2005, and for recipients who were awarded such an initial year award for a subsequent academic year:]

(c) [(1)] Unless granted a hardship postponement in accordance with §22.231 of this title (relating to Hardship Provisions), eligibility for a TEXAS Grant for a student whose eligibility for an initial year TEXAS Grant was not based on the receipt of an associate [associate's ] degree ends:

(1) [(A)] five years from the start of the semester [or term] in which the student received his or her first disbursement of an initial year TEXAS Grant [award], if the student is enrolled in a degree program of four years or less;

(2) [(B)] six years from the start of the semester [or term] in which the student received his or her first disbursement of an initial year TEXAS Grant [award], if the student is enrolled in a degree program of more than four years.

(d) [(2)] Unless granted a hardship postponement in accordance with §22.231 of this title, eligibility for a TEXAS Grant for a student whose eligibility was based on receiving an associate [associate's] degree ends:

(1) [(A)] three years from the date of the semester [or term] in which the student received his or her first disbursement of an initial year TEXAS Grant [award] if the student is enrolled in a degree program of four [or fewer] years or less;

(2) [(B)] four years from the date of the semester [or term] in which the student received his or her first disbursement of an initial year TEXAS Grant [award] if the student is enrolled in a degree program of more than four years.

(e) [(c)] A student's eligibility ends one year from the date of the semester [or term] in which the student received his or her first disbursement of an initial year TEXAS Grant [award], if the student's eligibility was based on the expectation that the student would complete the initial year grant [award] requirements as outlined in §22.228 of this title (relating to Eligible Students), but the student failed to do so. However, if such a student later receives an associate [associate's] degree and again qualifies for TEXAS Grants, he or she can receive an additional three years of eligibility if enrolled in a degree program [plan ] of four years or less, or an additional four years if enrolled in a degree program [plan] of more [greater] than four years.

(f) [(d)] A [student whose eligibility for a TEXAS Grant is not based on the receipt of an associate's degree may receive a TEXAS Grant for no more than 150 semester credit hours or the equivalent. Beginning with awards for the 2015-2016 academic year, such a] student's eligibility for a TEXAS Grant ends once he or she has attempted 150 semester credit hours or the equivalent unless the student is granted a hardship extension in accordance with §22.231(d) of this title [(relating to Hardship Provisions)]. [For this purpose, "attempted hours" is defined as every course in every semester for which a student has been registered as of the official Census Date, including but not limited to, repeated courses and courses the student drops and from which the student withdraws. For transfer students, transfer hours and hours for optional internship and cooperative education courses are included if they are accepted by the receiving institution towards the student's current program of study. The total number of hours paid for, at least in part, with TEXAS Grant funds may not exceed 150 semester credit hours or the equivalent.

[(e) A student eligible for a TEXAS Grant based on receiving an associate's degree may receive a TEXAS Grant for no more than 90 semester credit hours. Beginning with awards for the 2015-2016 academic year, such a student's eligibility for a TEXAS Grant ends once he or she has attempted 150 semester credit hours or the equivalent unless the student is granted a hardship extension in accordance with §22.231(d) of this title. For this purpose, "attempted hours" is defined as every course in every semester for which a student has been registered as of the official Census Date, including but not limited to, repeated courses and courses the student drops and from which the student withdraws. For transfer students, transfer hours and hours for optional internship and cooperative education courses are included if they are accepted by the receiving institution towards the student's current program of study. The total number of hours paid for, at least in part, with TEXAS Grant funds may not exceed 90 semester credit hours or the equivalent.]

(g) [(f)] A person is not eligible to receive an initial year or continuation grant [TEXAS Grant] if the person has been convicted of a felony or an offense under Chapter 481, Health and Safety Code (Texas Controlled Substances Act), or under the law of any other jurisdiction involving a controlled substance as defined by Chapter 481, Health and Safety Code, unless the person has met the other applicable eligibility requirements under this subchapter and has:

(1) received a certificate of discharge by the Texas Department of Criminal Justice or a correctional facility or completed a period of probation ordered by a court, and at least two years have elapsed from the date of the receipt or completion; or

(2) been pardoned, had the record of the offense expunged from the person's record, or otherwise been released from the resulting ineligibility to receive a TEXAS Grant.

(h) [(g)] Other than as described in §22.231 of this title, if a person fails to meet any of the requirements for receiving a continuation grant [award] as outlined in §22.228(b) of this subchapter [subsection (b) of this section] after completion of any semester [year], the person may not receive a TEXAS Grant until he or she completes a semester [courses] while not receiving a TEXAS Grant and meets all the requirements as outlined in §22.228(b) of this subchapter [of subsection (b) of this section] as of the end of that semester [period of enrollment].

§22.231.Hardship Provisions.

(a) In [No student enrolled for fewer than six hours may receive a TEXAS Grant. However, in] the event of a hardship or for other good cause, the Program Officer at an eligible public institution may allow an otherwise eligible person to receive a TEXAS Grant under the following conditions:

(1) while enrolled in less than [for an equivalent of six to] nine semester credit hours;

(2) [or] if the student's grade point average [or completion rate or number of completed hours] falls below the satisfactory academic progress requirements of §22.229 of this title (relating to Satisfactory Academic Progress);

(3) if the student's completion rate falls below the satisfactory academic progress requirements of §22.229 of this subchapter;

(4) if the student's number of completed hours falls below the satisfactory academic progress requirements of §22.229 of this subchapter; or

(5) if the student requires an extension of the year limits found in §22.230 of this subchapter to complete his or her degree.

(b) Hardship or other good causes [Such conditions] are not limited to, but include:

(1) a showing of a severe illness or other debilitating condition that may affect the student's academic performance;

(2) an indication that the student is responsible for the care of a sick, injured, or needy person and that the student's provision of care may affect his or her academic performance; or

(3) the requirement of fewer than nine hours to complete one's degree plan.

[(b) The Program Officer may grant an extension of the year limits found in §22.230 of this title (relating to Discontinuation of Eligibility or Non-Eligibility) in the event of hardship. Documentation justifying the extension must be kept in the student's files, and the institution must identify students granted extensions and the length of their extensions to the Coordinating Board, so that it may appropriately monitor each student's period of eligibility.]

(c) The Program Officer may allow a student to receive his/her initial year grant [first award] after the time limits described in §22.228(a)(6) (relating to Eligible Students) [more than 16 months have passed since high school graduation] if the student and/or the student's family has suffered a hardship that would now make the student rank as one of the institution's neediest. [Documentation justifying the exception must be kept in the student's files.]

(d) The Program Officer may allow a student to receive a grant after attempting more hours than allowed under §22.230(f) [§22.230(d), (e), (f) or (g)] of this title (relating to Discontinuation of Eligibility or Non-Eligibility) in the event of hardship. However, the total number of hours paid for, at least in part, with TEXAS Grant funds may not exceed 150 semester credit hours or the equivalent [student may not use the grants to pay for more than the number of hours listed in these subsections. Documentation justifying the extension must be kept in the student's files].

(e) Documentation justifying the eligibility granted through the hardship provisions outlined in this rule must be kept in the student's file. Institutions must identify to the Board those students granted eligibility through hardship provisions, so that the Board may appropriately monitor each student's period of eligibility.

(f) [(e)] Each participating public institution shall adopt a hardship policy under this section and have the policy available in writing in the financial aid office for public review upon request.

§22.233.Priority in Grants [Awards ] to Students.

(a) If appropriations for the program are insufficient to allow grants to all eligible students, priority shall be given to those students demonstrating continuing TEXAS Grant eligibility pursuant to §22.228(b) of this subchapter (relating to Eligible Students).

(b) In determining student eligibility for a [who should receive an initial year] TEXAS Grant pursuant to §22.228(a) of this subchapter, [an institution shall give highest] priority shall be given to those students who demonstrate the greatest financial need at the time the offer [award] is made.

(c) In determining student eligibility for a TEXAS Grant pursuant to §22.228(a) of this subchapter, priority shall be given to those students who have an expected family contribution that does not exceed 60 percent of the average statewide amount of tuition and required fees for general academic teaching institutions for the relevant academic year.

(d) In determining initial student eligibility for a TEXAS Grant pursuant to §22.228(a) of this subchapter, priority shall be given to those students who graduate or are on track to graduate from a public or accredited private high school in Texas on or after May 1, 2013, and complete or are on track to complete the Foundation High School program, or its equivalent as amended in keeping with Texas Education Code, §56.009. The person must also be on track to have accomplished any two or more of the following at the time a TEXAS Grant was offered:

(1) successful completion of the course requirements of the international baccalaureate diploma program, or earning of the equivalent of at least 12 semester credit hours of college credit in high school through courses described in Texas Education Code, §28.009(a)(1), (2), and (3), or if graduating prior to September 1, 2020, graduate under the Recommended or Advanced high school curriculum specified in the Texas Education Code, §28.025 as it existed as of January 1, 2013, and the rules promulgated thereunder by the State Board of Education;

(2) satisfaction of the Texas Success Initiative (TSI) college readiness benchmarks prescribed by the Board under Texas Education Code, §51.3062(f) on any assessment instrument designated by the Board under Texas Education Code, §51.3062(c) or qualification for an exemption as described by Texas Education Code, §51.3062(p), (q), or (q-1);

(3) graduation in the top one-third of the person's high school graduating class or graduation from high school with a grade point average of at least 3.0 on a four-point scale or the equivalent; or

(4) completion for high school credit of at least one advanced mathematics course following the successful completion of an Algebra II course, or at least one advanced career and technical or technical applications course;

(e) If funds remain after TEXAS Grants are offered to all students meeting the criteria in subsection (d) of this section, remaining funds may be offered to persons who are otherwise eligible for TEXAS Grants.

§22.234.Grant [Award] Amounts [and Adjustments].

[(a) Funding. Funds awarded through this program may not exceed the amount of appropriations, gifts, grants and other funds that are available for this use.]

[(b) Award Amounts.]

(a) [(1)] The amount of a TEXAS Grant offered [awarded] through an eligible public institution may not be reduced by any gift aid for which the person receiving the grant is eligible, unless the total amount of a person's grant plus any aid other than loans received equals or exceeds the student's financial need [tuition and required fees].

(b) [(2)] The Board shall determine and announce the maximum amount of a TEXAS Grant not later than the final day of January [award] prior to the start of each fiscal year. The calculation of the maximum amount per semester will be based on the mandates contained in Texas Education Code, §56.307. However, no student's TEXAS Grant [award ] shall be greater than the amount of the student's financial need.

(c) [(3)] An eligible public institution may not charge a person receiving a TEXAS Grant through that institution, an amount of tuition and required fees in excess of the amount of the TEXAS Grant received by the person in that semester unless it also provides the student sufficient aid other than loans to meet his or her full tuition and required fees for that semester. Nor may it deny admission to or enrollment in the institution based on a person's eligibility to receive or actual receipt of a TEXAS Grant.

(d) [(4)] The eligible public institution may require a student to forgo or repay the amount of an initial year grant [TEXAS Grant awarded to the student as described in §22.228(a)(6)(B) of this title (relating to Eligible Students)] if the student is determined to have failed to complete the necessary [Recommended or Advanced or Foundation] High School Program or Associate Degree [or its equivalent], upon which eligibility for the program was determined, as evidenced by the final high school or college transcript.

[(5) If the money available for TEXAS Grants is sufficient to provide grants to all eligible applicants in the amounts specified in paragraphs (1) - (3) of this subsection, the Board may use any excess money to award a grant in an amount not more than three times the amount that may be awarded under paragraphs (1) - (3) of this subsection, to a student who:]

[(A) is enrolled in a program that fulfills the educational requirements for licensure or certification by the state in a health care profession that the Board, in consultation with the Texas Workforce Commission and the Statewide Health Coordinating Council, has identified as having a critical shortage in the number of license holders needed in this state;]

[(B) has completed at least one-half of the work toward a degree or certificate that fulfills the educational requirement for licensure or certification; and]

[(C) meets all the requirements to receive a grant award under §22.228 of this title.]

[(6) No person enrolled for fewer than six semester credit hours may receive a TEXAS Grant. In addition, an award to an otherwise eligible student enrolled for less than a three quarter-time load due to hardship is to be prorated. The amount he/she can be awarded is equal to the semester's maximum award for the relevant type of institution, divided by twelve hours and multiplied by the actual number of hours for which the student enrolled.]

(e) Grant calculations and disbursements are to be completed in accordance with the General Provisions outlined in Subchapter A of this chapter.

[(c) Uses. A person receiving a TEXAS Grant may only use the money to pay any usual and customary cost of attendance at an institution of higher education incurred by the student.]

[(d) Over Awards. If, at a time after an award has been disbursed by the institution to the student, the student receives assistance that was not taken into account in the student's estimate of financial need, so that the resulting sum of assistance exceeds the student's financial need, the institution is not required to adjust the award under this program unless the sum of the excess resources is greater than $300.]

[(e) Prorated Awards. If the student's balance of eligible hours is less than the number of hours he or she is taking in a given term or semester, the student's award amount for that term or semester should be prorated using the following schedule:]

[(1) If balance of hours = 12 or more hours - 100% of the maximum award;]

[(2) If balance of hours = 9-11 hours - 100% of the maximum award;]

[(3) If balance of hours = 6-8 hours - 50% of the maximum award; and]

[(4) If balance of hours = fewer than 6 hours and student is enrolled for at least 6 hours - 25% of the maximum award.]

[(f) Prorated Awards , beginning with Awards for the 2015-2016 Academic Year. If the student's balance of eligible attempted hours is less than the number of hours he or she is taking in a given term or semester, the student's award amount for that term or semester should be prorated. Beginning no later than Fiscal Year 2012, prorated amounts shall be calculated using the following schedule:]

[(1) If balance of attempted hours = 12 or more hours - 100% of the maximum award;]

[(2) If balance of attempted hours = 9-11 hours - 100% of the maximum award;]

[(3) If balance of attempted hours = 6-8 hours - 50% of the maximum award; and ]

[(4) If balance of attempted hours = fewer than 6 hours and student is enrolled for at least 6 hours - 25% of the maximum award.]

§22.241.Tolling of Eligibility for Initial Year Grant [Award].

(a) A person is eligible for consideration for an Initial Year [TEXAS Grant] award under this subsection if the person was eligible for an initial year grant [award] under §22.228 of this title (relating to Eligible Students) in an academic year for which the Texas Legislature failed to appropriate sufficient funds to make initial year grant [awards] to at least 10 percent of the eligible student population, and:

(1) has not received a TEXAS Grant [an award under this subchapter] in the past;

(2) has not received a baccalaureate degree; and

(3) meets the eligibility requirements for a continuation grant [award] as described in §22.228(d) of this title.

(b) A person who meets the requirements outlined in subsection (a) of this section:

(1) cannot be disqualified for a TEXAS Grant by changes in program requirements since the time he or she was originally eligible or by the amount of time that has passed since he or she was originally eligible;

(2) is to receive highest priority in the selection of recipients if he or she met the priority model requirements of §22.233(d) [§22.228(b)(5) or (c)(6)] of this title (relating to Priority in Awards to Students), when originally determined to be eligible;

(3) may continue receiving grants [awards] as long as he or she meets the requirements for such continuation grants [awards]; and

(4) may not receive TEXAS Grants [awards] for prior academic years [terms].

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 10, 2020.

TRD-202003267

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 20, 2020

For further information, please call: (512) 427-6365


19 TAC §§22.232, 22.235, 22.238 - 22.240, 22.242

The Texas Higher Education Coordinating Board (Coordinating Board) proposes the repeal of 19 Texas Administrative Code Chapter 22, Subchapter L, §§22.232, 22.235, 22.238 - 22.240, and 22.242 of Board rules, concerning the Toward EXcellence, Access and Success Grant Program.

Specifically, §22.232 is repealed as its contents have been integrated with other priorities in §22.233. Sections 22.235, 22.239 and 22.240 are repealed as they are duplicative of rules in Chapter 22, Subchapter A, General Provisions. Section 22.238 is repealed as the provision is not utilized, making the rule unnecessary. Section 22.242 is repealed as it is redundant.

Dr. Charles W. Contéro-Puls, Deputy Assistant Commissioner for Student Financial Aid Programs, has determined that for each of the first five years the sections are in effect, there will be no fiscal implications to state or local government as a result of repealing the rules.

Dr. Contéro-Puls has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be a clearer understanding of the requirements of the program. There are no anticipated economic costs to persons who are required to comply with the sections as proposed. There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment resulting from repeal of the rules.

Government Growth Impact Statement:

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will not create a new rule;

(6) the rules will repeal §§22.232, 22.235, 22.238 - 22.240, and 22.242;

(7) the rules will not increase or decrease the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

Comments on the proposal may be submitted to Charles W. Contéro-Puls, Ed.D., Deputy Assistant Commissioner, Student Financial Aid Programs, P.O. Box 12788, Austin, Texas 78711, (512) 427-6365, Charles.Contero-Puls@HigherEd.Texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The repeal is proposed under the Texas Education Code, Sections 56.301 - 56.311 which provide the Coordinating Board with the authority to adopt rules for the administration of the Toward EXcellence, Access, and Success Grant Program.

The repeal affects Texas Education Code, Sections 56.301 - 56.311.

§22.232.Priorities in Funding.

§22.235.Late Disbursements.

§22.238.Funds Provided through Gifts and Donations.

§22.239.Authority to Transfer Funds.

§22.240.Dissemination of Information and Rules.

§22.242.Reports to the TEXAS Grant Oversight Committee.

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 10, 2020.

TRD-202003268

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 20, 2020

For further information, please call: (512) 427-6365


SUBCHAPTER M. TEXAS EDUCATIONAL OPPORTUNITY GRANT PROGRAM

19 TAC §22.261

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to 19 Texas Administrative Code Chapter 22, Subchapter M, §22.261 of Board rules, concerning the Texas Educational Opportunity Grant Program.

The removal of language from §22.261(b)(3), (c), and (f) is proposed to introduce greater flexibility for institutions in their efforts to address the needs of their student population and to eliminate an unnecessary level of complexity in the administration and understanding of the grant program.

Dr. Charles W.Contéro-Puls, Deputy Assistant Commissioner for Student Financial Aid Programs, has determined that for each of the first five years the section is in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rules.

Dr. Contéro-Puls has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be a clearer understanding of the requirements of the program. There are no anticipated economic costs to persons who are required to comply with the section as proposed. There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Government Growth Impact Statement:

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will not create a new rule;

(6) the rules will limit rule §22.261;

(7) the rules will not increase or decrease the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

Comments on the proposal may be submitted to Charles W. Contéro-Puls, Ed.D., Deputy Assistant Commissioner, Student Financial Aid Programs, P.O. Box 12788, Austin, Texas 78711, (512) 427-6365, Charles.Contero-Puls@HigherEd.Texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendments are proposed under the Texas Education Code, Sections 56.401 - 56.4075, which provides the Coordinating Board with the authority to adopt rules for the implementation and administration of the Texas Educational Opportunity Grant Program.

The proposed amendments affect Texas Education Code, Sections 56.401 - 56.4075.

§22.261.Grant Amounts and Adjustments.

(a) (No change.)

(b) Grant Amounts.

(1) The amount of a grant may not be reduced by any gift aid for which the person receiving the grant is eligible, unless the total amount of a person's grant plus any gift aid received exceeds the student's cost of attendance. However, no student's grant shall be greater than the amount of the student's financial need.

(2) The Board shall determine and announce the maximum grant amount in a given state fiscal year by January 31 of the prior fiscal year. The calculation of the maximum amount will be based on the average statewide amount of tuition and required fees at eligible institutions that an in-district resident student enrolled full-time in an associate degree or certificate program would be charged for that semester (Texas Education Code, §56.407). In determining the maximum grant amount, the average amount of tuition and required fees is determined by institution type (public junior colleges, public state colleges, and public technical institutes) for an in-district resident student enrolled full-time in an associate degree or certificate program, utilizing the most recent Integrated Fiscal Reporting System reports to project the value.

[(3) The value of an individual's grant in a given semester is to be based on the share of a full-time course load in which the student is enrolled as of the census date of the semester, in accordance with the following table:

[(A) 12 or more semester credit hours--100% of the semester's maximum grant for a full-time student;

[(B) at least 9 but fewer than 12 semester credit hours--75 percent of the semester's maximum grant for a full-time student;

[(C) at least 6 but less than 9 semester credit hours--50 percent of the semester's maximum grant for a full-time student; and

[(D) less than 6 semester credit hours--zero percent of the semester's maximum grant for a full-time student, unless approved for a grant under hardship conditions in accordance with subsection (c) of this section.

[(c) If an otherwise eligible student, due to hardship, enrolls for less than a half-time course load, the grant is to be prorated. The amount that can be awarded is equal to the semester's maximum grant for the relevant type of institution, divided by 12 and multiplied by the actual number of semester credit hours for which the student is enrolled.]

(c) [(d)] An approved institution may not charge a person receiving a grant through that institution an amount of tuition and required fees in excess of the grant received by the person. Nor may it deny admission to or enrollment in the institution based on a person's eligibility to receive or actual receipt of a grant. If an institution's tuition and fee charges exceed the grant, it may address the shortfall in one of two ways:

(1) it may use other available sources of financial aid, other than a loan or Pell grant to cover any difference in the amount of the grant and the student's actual amount of tuition and required fees at the institution; or

(2) it may waive the excess charges for the student. However, if a waiver is used, the institution may not report the recipient's tuition and fees in a way that would increase the general revenue appropriations to the institution.

(d) [(e)] Adjustments to grants and late disbursements are to be completed in accordance with Subchapter A of this chapter (relating to General Provisions).

[(f) Prorated Grants in Case of Low Balance of Eligible Semester Credit Hours or Attempted Semester Credit Hours. If the student's balance of eligible semester credit hours or attempted semester credit hours is less than the number of semester credit hours the student is taking in a given semester, the student's grant for that semester should be prorated using the following schedule:]

[(1) if balance of hours is 12 or more semester credit hours--100% of the semester's maximum grant for a full-time student;]

[(2) if balance of hours is at least 9 but fewer than 12 semester credit hours--75% the semester's maximum grant for a full-time student;]

[(3) if balance of hours is at least 6 but fewer than 9 semester credit hours--50% the semester's maximum grant for a full-time student; and]

[(4) if balance of hours is fewer than 6 semester credit hours--25% the semester's maximum grant for a full-time student.]

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 10, 2020.

TRD-202003269

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 20, 2020

For further information, please call: (512) 427-6365


SUBCHAPTER Q. TEXAS B-ON-TIME LOAN PROGRAM

19 TAC §§22.329, 22.330, 22.339, 22.341

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to 19 Texas Administrative Code Chapter 22, Subchapter Q, §§22.329, 22.330, 22.339, and 22.341 of Board rules, concerning the Texas B-On-Time Loan Program. Section 22.329(a) is amended to update the legislative reference to reflect the specific citation of the Texas Education Code section regarding the authority for these provisions. Section 22.330, concerning "Definitions," is amended to strike the terms that are either not used in the subchapter or are already defined in Subchapter A, §22.1. Section 22.339(d) is amended to remove the word "written" to allow for verbal requests, which aligns the program with the agency's other loan programs. Section 22.341(c) is deleted to eliminate institutional holds on student records and registration for individuals who are delinquent on a Texas B-On-Time loan. These institutional holds create a barrier to student completion of a certificate or degree. Eliminating this barrier supports the agency's 60x30TX educated population and completion goals.

Dr. Charles W. Contéro-Puls, Deputy Assistant Commissioner for Student Financial Aid Programs, has determined that for each of the first five years the sections are in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rules.

Dr. Contéro-Puls has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be a clearer understanding of the requirements of the program. There are no anticipated economic costs to persons who are required to comply with the sections as proposed. There is no impact on small businesses, micro businesses, and rural communities.

Government Growth Impact Statement:

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will not create a new rule;

(6) the rules will limit and clarify §§22.329, 22.330, 22.339, and 22.341;

(7) the rules will decrease the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

Comments on the proposal may be submitted to Charles W. Contéro-Puls, Ed.D., Deputy Assistant Commissioner, Student Financial Aid Programs, P.O. Box 12788, Austin, Texas 78711, (512) 427-6365, Charles.Contero-Puls@HigherEd.Texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendments are proposed under the Texas Education Code, Section 56.0092, which provides the Coordinating Board with the authority to adopt rules for the administration of the Texas B-On-Time Loan Program.

The proposed amendment affects Texas Education Code, Section 56.0092.

§22.329.Authority and Purpose.

(a) Authority. Unless otherwise noted in a section, the authority for these provisions is provided by the Texas Education Code, §56.0092 [§§56.451 - 56.465].

(b) (No change.)

§22.330.Definitions.

In addition to the words and terms defined in §22.1 of this chapter, the [The] following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

[(1) Board--The Texas Higher Education Coordinating Board.]

[(2) Commissioner--The Commissioner of Higher Education.]

(1) [(3)] Degree in Architecture--The completion credential awarded to a student who has completed satisfactorily the curriculum that the Board has approved as a baccalaureate degree program identified as belonging to Category 04.0201 of the Texas CIP Codes.

(2) [(4)] Degree in Engineering--The completion credential awarded to a student who has completed satisfactorily the curriculum that the Board has approved as a baccalaureate degree program identified as belonging to Category 14 of the Texas CIP Codes.

(3) [(5)] Default--The failure of a borrower to make loan installment payments for a total of 180 days.

[(6) Recommended or Distinguished Achievement Program - Advanced High School Program--The high school curriculum recommended under Texas Education Code, §28.025(a).]

[(7) Resident of Texas--A resident of the State of Texas as determined in accordance with Subchapter B of this chapter (relating to Determination of Resident Status). Nonresident students eligible to pay resident tuition rates are not included unless they qualify as eligible nonresidents under §21.124(a)(1) of this title (relating to Initial Eligibility for Loans).]

(4) [(8)] Texas CIP Codes--Classification codes for degree programs, agreed upon by institutions and approved by the Board, based on curricular content belonging to categories within the federal Classification of Instructional Programs (CIP) published by the National Center for Educational Statistics. Texas CIP Codes are available at http://www.thecb.state.tx.us/apps/ProgramInventory/.

§22.339.Repayment of Loans.

(a) - (c) (No change.)

(d) The Commissioner may grant periods of forbearance in the form of postponed or reduced payments for unusual financial hardship if the Board receives a [written] request stating the circumstances that merit such consideration.

(e) - (g) (No change.)

§22.341.Enforcement of Collection.

(a) - (b) (No change.)

[(c) All records of each student who is a borrower under this Subchapter shall be so identified in the Office of the Registrar at each eligible institution. The institution may not release an official certified copy of such records, nor may any student in this program re-register for classes in the institution, until the Texas B-On-Time program officer at the institution certifies to the registrar that the borrower's B-On-Time account is in good condition. The Commissioner must approve exceptions to this section in advance of the institution's release of an official certified copy of the records or of the borrower's re-registration.]

(c) [(d)] In accordance with state law, the Board will notify the Comptroller of Public Accounts when a borrower's account has become 90 days or more past due. Until the delinquency is cured, no state warrant other than a wage warrant will be released to the borrower. This prevents the delinquent borrower from receiving further warrants for state student financial aid.

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 10, 2020.

TRD-202003270

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 20, 2020

For further information, please call: (512) 427-6365


19 TAC §§22.331 - 22.336, 22.342 - 22.344

The Texas Higher Education Coordinating Board (Coordinating Board) proposes the repeal of 19 Texas Administrative Code Chapter 22, Subchapter Q, §§22.331 - 22.336 and 22.342 - 22.344 of Board rules, concerning the Texas B-On-Time Loan Program. Per Texas Education Code §56.0092(c), the Coordinating Board may not offer B-On-Time loans after the summer 2020 semester. Therefore, §§22.331 - 22.336, 22.342 - 22.344 are repealed as these rules are no longer authorized.

Dr. Charles W. Contéro-Puls, Deputy Assistant Commissioner for Student Financial Aid Programs, has determined that for each of the first five years the sections are in effect, there will be no fiscal implications to state or local government as a result of repealing the rules.

Dr. Contéro-Puls has also determined that for each year of the first five years the sections are repealed, the public benefit anticipated as a result of repealing the rules will be a clearer understanding of the availability of the Coordinating Board's loan programs. There are no anticipated economic costs to persons who are required to comply with the sections as proposed. There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment resulting from repeal of the rules.

Government Growth Impact Statement:

(1) the rules will implement the elimination of a government program that was repealed by the legislature;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will not create a new rule;

(6) the rules will repeal §§22.331 - 22.336, 22.342 - 22.344;

(7) the rules will d and

(8) the rules will not affect this state's economy.

Comments on the proposal may be submitted to Charles W. Contéro-Puls, Ed.D., Deputy Assistant Commissioner, Student Financial Aid Programs, P.O. Box 12788, Austin, Texas 78711, (512) 427-6365, Charles.Contero-Puls@HigherEd.Texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The repeals are proposed under the Texas Education Code, Section 56.0092, which provides the Coordinating Board with the authority to adopt rules for the administration of the Texas B-On-Time Loan Program.

The repeals affect Texas Education Code, Section 56.0092.

§22.331.Institutions.

§22.332.Initial Eligibility for Loans.

§22.333.Continued Eligibility for Loans.

§22.334.Disbursement to Students.

§22.335.Hardship Provisions.

§22.336.Loan Amount.

§22.342.Allocation and Reallocation of Funds for Private or Independent Institutions of Higher Education.

§22.343.Program Support Activities.

§22.344.Allocation and Reallocation of Funds for Eligible Public Institutions of Higher Education.

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 10, 2020.

TRD-202003273

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 20, 2020

For further information, please call: (512) 427-6365


CHAPTER 23. EDUCATION LOAN REPAYMENT PROGRAMS

SUBCHAPTER C. THE PHYSICIAN EDUCATION LOAN REPAYMENT PROGRAM

19 TAC §§23.65 - 23.67

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to 19 Texas Administrative Code Chapter 23, Subchapter C, §§23.65-23.67 of Board rules, concerning the Physician Education Loan Repayment Program.

Amendments to several definitions are proposed in §23.65. The definition of full-time service is rounded to 32 hours, matching the standard in place for federal programs assisting health care providers practicing in shortage areas. The proposed amendment to the definition of Primary Care excludes hospitalists because the hospitals where they work are not considered primary care settings. The words "in an outpatient setting" is added for all primary care physicians except geriatricians and psychiatrists, whose services often must occur in facilities such as nursing homes and state hospitals.

An amendment to §23.66(3), regarding eligibility, is proposed to clarify that physicians in postgraduate training, including fellowship, are not eligible for participation in the program. Physicians in postgraduate training are not working in the same capacity as practicing physicians who have their own liability coverage, bill for their services, and practice without supervision in the specialty or subspecialty for which they have completed training. An amendment to §23.66(5) regarding the timing of the board certification requirement is proposed to make the statement clearer. Proposed for deletion is the statement in §23.66(5)(B) that the Department of State Health Services (DSHS) determines if there is a critical need for a specialty other than primary care in a primary care HPSA. There is no mechanism in place for the DSHS to evaluate the need in a primary care HPSA for specific subspecialties. However, a determination has been made that any physician who provides access to subspecialty care in a primary care HPSA for persons enrolled in Medicaid or CHIP, a basic program requirement, is serving the program's purpose.

Amendments to §23.67 regarding application ranking criteria are proposed to strengthen the priority given to applications from primary care physicians practicing in HPSAs. Currently, initial applications from subspecialists practicing in HPSAs are considered only after priority has been given to primary care physicians practicing in HPSAs. However, once enrolled in the program, renewal applications from subspecialists receive the same priority as renewal applications from primary care physicians. The proposed changes to this section require that subspecialists receive consideration each year only after priority is given to all applications from primary care physicians practicing in HPSAs. Additionally, an amendment to §23.67 adds the requirement that primary care physicians seeking to qualify for the program by meeting specified Medicaid service levels must have provided outpatient care in meeting those service levels. This tier of applicants is considered the last priority for funding.

Dr. Charles W. Contéro-Puls, Deputy Assistant Commissioner for Student Financial Aid Programs, has determined that for each of the first five years the sections are in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rules.

Dr. Contéro-Puls has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be a clearer understanding of the requirements of the program. There are no anticipated economic costs to persons who are required to comply with the sections as proposed. There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Government Growth Impact Statement:

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will not create a new rule;

(6) the rules will clarify rules §§23.65-23.67;

(7) the rules will decrease the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

Comments on the proposal may be submitted to Charles W. Contéro-Puls, Ed.D., Deputy Assistant Commissioner, Student Financial Aid Programs, P.O. Box 12788, Austin, Texas 78711, (512) 427-6365, Charles.Contero-Puls@HigherEd.Texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendment is proposed under the Texas Education Code, §§61.531 - 61.540, which provides the Coordinating Board with the authority to adopt rules for the administration of the Physician Education Loan Repayment Program.

The amendment affects Texas Education Code, §§61.531 - 61.540.

§23.65.Definitions.

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

(1) - (4) (No change.)

(5) Full-time Service--An average of at least 32 [32.5] hours of direct patient care per week during the service period at the practice site.

(6) - (8) (No change.)

(9) Primary Care Physician [Specialty]--Physicians practicing family [Family] medicine, family practice, general practice, obstetrics/gynecology, general internal medicine, general pediatrics, combined internal medicine and pediatrics (medicine-pediatrics) in an outpatient setting, psychiatry, or geriatrics[, or hospitalists who practice in HPSAs]. With the exception of psychiatrists and geriatricians, physicians must provide services in an outpatient setting to be considered primary care.

(10) - (15) (No change.)

§23.66.Eligibility.

(a) To be eligible for the Board to reserve loan repayment funds, a physician must:

(1) ensure that the Board or its designee has received the completed application by the established deadline, which will be posted on the program web page;

(2) be a U.S. citizen or a Legal Permanent Resident and, at the time of application, hold a Full Physician License from the Texas Medical Board, with no restrictions;

(3) not be in postgraduate training, including fellowship;

(4) [(3)]not be currently fulfilling another obligation to provide medical services as part of a scholarship agreement, a student loan agreement, or another student loan repayment agreement;

(5) [(4)] at the time of the initial application [during the first, second, and third service period], if the physician has not earned and maintained board certification, be eligible to take the exam for board certification from:

(A) an American Specialty Board that is a member of the American Board of Medical Specialties or the Bureau of Osteopathic Specialists in a primary care specialty; or

(B) an American Specialty Board that is a member of the American Board of Medical Specialties or the Bureau of Osteopathic Specialists [in a specialty other than primary care if the DSHS determines there is a critical need for the applicant's specialty].

(6) [(5)] in the case of physicians qualifying on the basis of practice in a HPSA, agree to provide four consecutive service periods in a HPSA.

(b) To be eligible to receive loan repayment assistance, a physician must:

(1) have completed one, two, three, or four consecutive service periods in a:

(A) HPSA, serving persons who are:

(i) enrolled in Medicaid or CHIP or both;

(ii) uninsured; and

(iii) enrolled in Medicare, except in the case of pediatricians.

(B) secure correctional facility operated by or under contract with the Texas Juvenile Justice Department or its successor or in a secure correctional facility operated by or under contract with any division of the Texas Department of Criminal Justice or its successor, or

(C) location other than a HPSA, if the physician practices primary (outpatient) care and during the service period has provided health care services to a designated number of Medicaid or Texas Women's Health Program enrollees, established in the Board's Memorandum of Understanding with the Texas Health and Human Services Commission and posted on the program web page.

(2) for loan repayment based on the fourth service period, have earned certification from an American Specialty Board that is a member of the American Board of Medical Specialties or the Bureau of Osteopathic Specialists in a primary care specialty, or in a specialty other than primary care if the practice is located in a HPSA.

§23.67.Application Ranking Criteria.

(a) Application deadlines will be established throughout the fiscal year and will be posted on the program web page. Primary care physicians practicing in HPSAs whose initial applications have been approved are considered to be enrolled in the program. Applications from all other physicians are considered annually. If there are not sufficient funds to offer [award] loan repayment assistance for all eligible physicians whose applications are received by the stated deadline, applications shall be ranked according to the following criteria, in priority order:

(1) applications from physicians practicing in HPSAs, in the following priority order:

(A) renewal applications from primary care physicians [, with first priority assigned to those for primary care];

(B) applications from primary care physicians practicing in rural HPSAs;

(C) applications from primary care physicians practicing in non-rural areas whose HPSA scores reflect the highest degrees of shortage;

(2) renewal applications from non-primary care physicians practicing in HPSAs;

(3) initial applications from non-primary care physicians practicing in HPSAs;

(b) the first ten applications received each year from eligible physicians serving persons committed to a secure correctional facility operated by or under contract with the Texas Juvenile Justice Department or its successor or persons confined to a secure correctional facility operated by or under contract with any division of the Texas Department of Criminal Justice or its successor;

(c) applications from primary care physicians who have provided outpatient health care services to a designated number of Medicaid or Texas Women's Health Program enrollees, as established annually by methods outlined in the Board's Memorandum of Understanding with the Texas Health and Human Services Commission, in the following order of priority:

(1) renewal applications;

(2) applications from physicians practicing in a rural county;

(3) applications from geriatricians;

(4) applications from physicians having the greatest amount of student loan debt.

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 10, 2020.

TRD-202003274

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 20, 2020

For further information, please call: (512) 427-6365


SUBCHAPTER H. PEACE OFFICER LOAN REPAYMENT ASSISTANCE PROGRAM

19 TAC §23.211, §23.214

The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to 19 Texas Administrative Code Chapter 23, Subchapter H, §23.211 and §23.214 of Board rules, concerning the Peace Officer Loan Repayment Assistance Program (POLRAP). In keeping with legislative intent, these amendments will align the rules with the updated program design, which will allow peace officers to receive loan repayment based on the initial year of service as a peace officer provided after September 1, 2019, rather than requiring applicants to wait another year to qualify for an initial award.

Dr. Charles W. Contéro-Puls, Deputy Assistant Commissioner for Student Financial Aid Programs, has determined that for each of the first five years the sections are in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rules. General Appropriations Act, HB 1, 86th Texas Legislature, Article III appropriates funding for the administration and loan repayments required of the program.

Dr. Contéro-Puls has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of administering the sections will be a clearer understanding of the requirements of the program. There are no anticipated economic costs to persons who are required to comply with the sections as proposed. There is no impact on small businesses, micro businesses, and rural communities. The rules will not have an impact on local employment.

Government Growth Impact Statement:

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will not create a new rule;

(6) the rules will clarify §23.211 and §23.214;

(7) the rules will not increase or decrease the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

Comments on the proposal may be submitted to Charles W. Contéro-Puls, Ed.D., Deputy Assistant Commissioner, Student Financial Aid Programs, P.O. Box 12788, Austin, Texas 78711, (512) 427-6365, Charles.Contero-Puls@HigherEd.Texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendments are proposed under Texas Education Code, Sections 61.9951 - 61.9959, which requires the Coordinating Board to establish and administer the Peace Officer Loan Repayment Assistance Program by ule.

The amendments affect Texas Education Code, Sections 61.9951 -61.9959.

§23.211.Initial Eligibility.

To be eligible for the Board to [conditionally] approve an initial application for enrollment in the program and for [and encumber] loan repayment funds, a peace officer must:

(1) have been [be] initially appointed [employed] as a peace officer on or after September 1, 2019;

(2) submit to the Board by the published deadline an initial application for enrollment in the program that requires:

(A) - (B) (No change.)

(C) a transcript of the person's postsecondary course work demonstrating at least 60 semester credit hours, or the equivalent, earned at an eligible institution before the person's initial appointment [employment] as a peace officer;

(D) a statement of the total amount of principal, accrued interest, fees, and other charges due on unpaid eligible loans obtained for attendance at an eligible institution for a semester or other term that ended in the five years immediately preceding the person's initial appointment [employment] as a peace officer;

(E) (No change.)

(F) a statement that the individual agrees to continuous full-time employment as a peace officer in this state for four additional [five] consecutive years after the date of the initial application.

§23.214.Eligible Lender and Eligible Education Loan.

(a) (No change.)

(b) To be eligible for repayment, an education loan must:

(1) be evidenced by a promissory note for loans to pay for the cost of the individual's attendance at an eligible institution for a semester or other term that ended in the five years immediately preceding the person's initial appointment [employment] as a peace officer;

(2) - (5) (No change.)

(c) (No change.)

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 10, 2020.

TRD-202003275

Nichole Bunker-Henderson

General Counsel

Texas Higher Education Coordinating Board

Earliest possible date of adoption: September 20, 2020

For further information, please call: (512) 427-6365


PART 2. TEXAS EDUCATION AGENCY

CHAPTER 61. SCHOOL DISTRICTS

SUBCHAPTER BB. COMMISSIONER'S RULES ON REPORTING REQUIREMENTS

19 TAC §61.1025

The Texas Education Agency (TEA) proposes an amendment to §61.1025, concerning Public Education Information Management System (PEIMS) data and reporting standards. The proposed amendment would implement changes made by House Bill (HB) 3, 86th Texas Legislature, 2019, by incorporating an additional reporting requirement about students who withdraw from or otherwise no longer attend public school.

BACKGROUND INFORMATION AND JUSTIFICATION: Section 61.1025 defines the data and reporting standards for the PEIMS established by Texas Education Code (TEC), §48.008 and §48.009, as transferred, redesignated, and amended by HB 3, 86th Texas Legislature, 2019.

The proposed amendment to §61.1025 would codify the requirement to include pregnancy as a reason a student withdraws from or otherwise no longer attends public school in the information reported by school districts for students who leave the Texas public school system. Currently, pregnancy is not available as a reporting reason for students who leave Texas public schools.

In addition, the proposed amendment would update references to align with HB 3, which transferred and redesignated TEC, §42.006, to TEC, §48.008 and §48.009.

FISCAL IMPACT: Jeff Cottrill, deputy commissioner for governance and accountability, has determined that for the first five-year period the proposal is in effect there are no additional costs to state or local government, including school districts and open-enrollment charter schools, required to comply with the proposal.

LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.

SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

COST INCREASE TO REGULATED PERSONS: The proposal does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code, §2001.0045.

TAKINGS IMPACT ASSESSMENT: The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under Texas Government Code, §2007.043.

GOVERNMENT GROWTH IMPACT: TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not create a new regulation; would not expand, limit, or repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.

PUBLIC BENEFIT AND COST TO PERSONS: Mr. Cottrill has determined that for each year of the first five years the proposal is in effect, the public benefit anticipated as a result of enforcing the proposal would be implementing HB 3, 86th Texas Legislature, 2019. There is no anticipated economic cost to persons who are required to comply with the proposal.

DATA AND REPORTING IMPACT: The proposal would have a data and reporting impact by adding a new code to an existing data collection. School districts are currently required to report a reason for a student leaving Texas public schools. Under the proposed amendment, a school district could use pregnancy as the reason a student withdraws from or otherwise no longer attends public school.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: TEA has determined that the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.

PUBLIC COMMENTS: The public comment period on the proposal begins August 21, 2020, and ends October 5, 2020. 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 August 21, 2020. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/About_TEA/Laws_and_Rules/Commissioner_Rules_(TAC)/Proposed_Commissioner_of_Education_Rules/.

STATUTORY AUTHORITY. The amendment is proposed under Texas Education Code (TEC), §48.008, as transferred, redesignated, and amended by House Bill (HB) 3, 86th Texas Legislature, 2019, which establishes the Public Education Information Management System (PEIMS), a system school districts shall use to report information to the agency; and TEC, §48.009, as transferred, redesignated, and amended by HB 3, 86th Texas Legislature, 2019, which specifies certain required reporting by school districts through PEIMS.

CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §48.008 and §48.009.

§61.1025.Public Education Information Management System (PEIMS) Data and Reporting Standards.

(a)Data submissions. The Public Education Information Management System (PEIMS) consists of all data submitted by school districts, charter schools, campuses, and other educational organizations and entities to the Texas Education Agency (TEA).

(b) Standards. Data standards, established by the commissioner of education under Texas Education Code (TEC), §48.008 [§42.006], shall be used by school districts and charter schools to submit information required for the legislature and the TEA to perform their legally authorized functions. Data standards shall be published annually in official TEA publications. These publications shall be widely disseminated and include:

(1) descriptions of the data collections and submission requirements;

(2) descriptions of data elements and the codes used to report them , which include pregnancy as a reason a student withdraws from or otherwise no longer attends public school;

(3) detailed responsibilities of school districts, education service centers, and the TEA in connection with the data submission processes, including each deadline for submission and resubmission; and

(4) descriptions of the data submission requirements, including submission record layout specifications and data edit specifications.

(c) External review process. The commissioner shall establish a policy advisory group that provides oversight of data collections and reporting standards policies. The policy advisory group membership shall be composed of representatives of school districts, charter schools, education service centers, state government, and educational associations. Subcommittees consisting of technical experts and representatives from user groups may be established by the commissioner to provide timely and impartial reviews of requested changes or additions to TEA data collections and reporting standards. The procedure for adding, deleting, or modifying data elements described in paragraphs (1)-(5) of this subsection provides consistency in updates to the data and reporting standards. The commissioner may approve changes to the data and reporting standards outside this process if necessary to expedite implementation of data collections and reporting.

(1) Prepare proposal. A written proposal is prepared to add, delete, or modify data elements. The proposal provides justification for the data collection, determination of data availability, and definitions of critical attributes and required analyses of requested data elements.

(2) Conduct research. Survey a sampling of districts to update and refine cost estimates, assess district burden, and determine any benefits from a pilot of the data collection.

(3) Solicit feedback. The subcommittee(s) established by the commissioner and other appropriate TEA committees review proposals and make formal, written recommendations to the policy advisory group. The policy advisory group reviews proposals and committee recommendations and makes recommendations to the commissioner for approval, modification, or rejection of the proposed changes.

(4) Collect data. Data standards and software made available to districts online are updated annually, implementing changes to data submissions requirements.

(5) Reevaluate data requirements. All data elements are reviewed by the commissioner-appointed subcommittee(s) and policy advisory group on a three-year cycle as part of an ongoing sunset process. The sunset process is designed to ensure that data standards meet the requirements specified in TEC, §48.008(c)(1)-(3) [§42.006(c)(1)-(3)] and (d).

(d) Internal review process. The commissioner shall establish and determine the membership of a TEA committee that provides oversight of the TEA data collections and reporting policies. The commissioner shall also establish a TEA subcommittee that reviews data collections and reporting standards according to the requirements specified in TEC, §48.008(c)(1)-(3) [§42.006(c)(1)-(3) ] and (d). The subcommittee is also responsible for maintaining data collections at the TEA. The procedure for adding, deleting, or modifying data elements described in subsection (c)(1)-(5) of this section provides consistency in updates to data and reporting standards. The commissioner may approve changes to data and reporting standards outside this process if necessary to expedite implementation.

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 10, 2020.

TRD-202003271

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: September 20, 2020

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


CHAPTER 129. STUDENT ATTENDANCE

SUBCHAPTER AA. COMMISSIONER'S RULES

19 TAC §129.1027

The Texas Education Agency (TEA) proposes an amendment to §129.1027, concerning the optional flexible school day program (OFSDP). The proposed amendment would reflect statutory recodification resulting from House Bill (HB) 3, 86th Texas Legislature, 2019, and align board meeting requirements with current practice.

BACKGROUND INFORMATION AND JUSTIFICATION: Texas Education Code (TEC), §29.0822, authorizes the commissioner of education to adopt rules for the administration of OFSDPs provided by school districts and open-enrollment charter schools for certain eligible students. Section 129.1027 specifies OFSDP general provisions, definitions, student eligibility, application requirements, attendance and funding criteria, program operation requirements, and review and evaluation provisions, as well as circumstances under which OFSDP authorization would be revoked or denied.

HB 3, 86th Texas Legislature, 2019, recodified TEC, Chapter 41, to Chapter 49 and Chapter 42 to Chapter 48. The proposed amendment would update statutory references to conform to the recodification. Additionally, statutory references to TEC, Chapter 39, would be updated to Chapter 39A where applicable.

The proposed amendment would also align board meeting requirements with current practice by removing the requirement for public input at board meetings.

FISCAL IMPACT: Leo Lopez, associate commissioner for school finance, has determined that for the first five-year period the proposal is in effect there are no additional costs to state or local government, including school districts and open-enrollment charter schools, required to comply with the proposal.

LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.

SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

COST INCREASE TO REGULATED PERSONS: The proposal does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code, §2001.0045.

TAKINGS IMPACT ASSESSMENT: The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under Texas Government Code, §2007.043.

GOVERNMENT GROWTH IMPACT: TEA staff prepared a Government Growth Impact Statement assessment for this rulemaking. During the first five years the proposed rulemaking would be in effect, it would limit an existing regulation by eliminating the need for public input at board meetings under the rule.

The proposed rulemaking would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not create a new regulation; would not expand or repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.

PUBLIC BENEFIT AND COST TO PERSONS: Mr. Lopez has determined that for each year of the first five years the proposal is in effect, the public benefit anticipated as a result of enforcing the proposal would be referencing correct statutory citations and allowing a school board to approve its OFSDP program each year without having a public hearing. There is no anticipated economic cost to persons who are required to comply with the proposal.

DATA AND REPORTING IMPACT: The proposal would have no new data and reporting impact. School districts and open-enrollment charter schools would continue to follow current reporting requirements.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: TEA has determined that the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.

PUBLIC COMMENTS: The public comment period on the proposal begins August 21, 2020, and ends October 5, 2020. 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 August 21, 2020. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/About_TEA/Laws_and_Rules/Commissioner_Rules_(TAC)/Proposed_Commissioner_of_Education_Rules/.

STATUTORY AUTHORITY. The amendment is proposed under Texas Education Code (TEC), §29.081, which establishes criteria for community-based campus and internet online dropout recovery education programs; TEC, §29.0822, which authorizes an optional flexible school day program (OFSDP) to allow a student to enroll in a dropout recovery program in which courses are conducted online and creates an exception regarding the number of instructional hours required and the minimum number of minutes required for students enrolled in an online dropout recovery program; TEC, §29.0822(d), which authorizes the commissioner to adopt rules for the administration of an OFSDP; TEC, §39A.107, which requires the commissioner to approve a campus turnaround program only if the commissioner determines that the campus will satisfy all student performance standards required; and TEC, §48.004, as transferred, redesignated, and amended by House Bill 3, 86th Texas Legislature, 2019, which specifies that the commissioner shall adopt rules that are necessary to implement and administer the Foundation School Program.

CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §§29.081, 29.082, 39A.107, and 48.004.

§129.1027.Optional Flexible School Day Program.

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

(1) Campus--For the purposes of this section, a campus is an organization that provides instructional services to students, maintains a separate budget, and has an administrator whose primary duty is the full-time administration of the campus.

(2) Campus of innovative redesign--A campus with an approved campus turnaround plan in accordance with the requirements of Texas Education Code (TEC), §39A.107 [§39.107 ], that:

(A) provides a rigorous and relevant academic program;

(B) provides personal attention and guidance;

(C) promotes high expectations for all students; and

(D) addresses comprehensive schoolwide improvements that cover all aspects of a school's operations, including, but not limited to, curriculum and instruction changes, structural and managerial innovations, sustained professional development, financial commitment, and enhanced involvement of parents and the community.

(3) Community-based dropout recovery education program--For the purposes of this section, a community-based dropout recovery education program is a public or private program authorized under the TEC, §29.081(e), offered on a campus or through an internet online program that leads to a high school diploma and prepares the student to enter the workforce as defined in TEC, §29.081(e-1) and (e-2).

(4) Instructional contact hours--Except for the purposes of subsection (b)(1)(B) of this section, instructional contact hours are the hours spent learning the curriculum under faculty and administrators with baccalaureate or advanced degrees. For the purposes of subsection (b)(1)(B) of this section, instructional contact hours are hours spent learning the curriculum under the direct supervision of an educator meeting the qualifications of the State Board for Educator Certification or the employing charter school.

(5) Optional Flexible School Day Program (OFSDP)--An OFSDP is a program authorized under the Texas Education Code (TEC), §29.0822, that is approved by the commissioner to provide flexible hours and days of attendance for eligible students, as defined in subsection (b) of this section.

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

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

(b) Student eligibility. A student is eligible to participate in an OFSDP if:

(1) the student:

(A) has dropped out of school or is at risk of dropping out of school, as defined by the TEC, §29.081;

(B) is attending a campus implementing an innovative redesign;

(C) is attending a community-based dropout recovery education program, as defined by the TEC, §29.081(e-1) and (e-2);

(D) is attending an approved early college high school program, as defined by the TEC, §29.908; or

(E) as a result of attendance requirements under the TEC, §25.092, will be denied credit for one or more classes in which the student has been enrolled; and

(2) either:

(A) the student and the student's parent, or person standing in parental relation to the student, agree in writing to the student's participation if the student is less than 18 years of age and not emancipated by marriage or court order; or

(B) the student agrees in writing to participate if the student is 18 years of age or older or has otherwise attained legal status as an adult by reason of marriage or court order.

(c) Application to operate an OFSDP. Any school district may apply for authorization to operate an OFSDP.

(1) The Texas Education Agency (TEA) shall make available to each eligible school district an application form for initial approval or renewal that must be completed and submitted annually to the TEA for approval.

(2) The board of trustees of a school district must approve the application. The board of trustees of a school district must include the OFSDP as an item on a regular agenda for a board meeting in compliance with subsection (h)(2) of this section [providing options for public input concerning the proposed application] before applying to operate an OFSDP.

(3) A school district must submit an application in accordance with instructions provided by the TEA.

(4) As part of the application process, a school district shall include the following information:

(A) implementation plan description;

(B) staff plans;

(C) schedules; and

(D) student attendance accounting security procedures and documentation.

(5) The school district must have submitted the required annual audit report for the immediate prior fiscal year to the TEA division responsible for financial audits. The annual audit must be determined by the TEA to be in compliance with applicable audit standards.

(6) The commissioner may consider academic and financial performance at a campus or a district when reviewing application qualifications.

(7) The TEA may defer or reject an application based on pending or final audit of data submitted, irregularities in assessment administration, accreditation status, accountability ratings, or interventions or sanctions under the TEC, Chapter 39A.

(8) The TEA may grant or reject an entire application or grant or reject any campus submitted on an application.

(9) The TEA will notify each applicant of its approval or nonapproval to operate an OFSDP.

(10) The school district must receive notice of approval to continue or begin participation in the program.

(d) Attendance. A school district must report student OFSDP attendance in a manner provided by the TEA in the Student Attendance Accounting Handbook adopted under §129.1025 of this title (relating to Adoption By Reference: Student Attendance Accounting Handbook). Funding for attendance in an OFSDP is proportionate to attendance in a full-time program meeting the requirements of the TEC, §25.081 and §25.082.

(e) Funding under the TEC, Chapters [41, 42, and] 46, 48, and 49. Attendance in an OFSDP that is not authorized or does not meet the requirements of the TEC, §29.0822, or this section is not eligible for state funding. For funding purposes, attendance for a student for a 12-consecutive-month school year cannot exceed the equivalent of one student in average daily attendance with perfect attendance.

(f) Extracurricular participation. A student enrolled in an OFSDP may participate in a competition or activity sanctioned by the University Interscholastic League (UIL) only if the student meets all UIL eligibility criteria.

(g) Conditions of program operation. A school district and campus operating an OFSDP must comply with all assurances in the program application. Approved OFSDPs will be required to submit annually one progress report on a form to be provided by the TEA and signed by the district superintendent or executive officer. The data in the progress reports must be disaggregated by ethnicity, age, gender, and socioeconomic status. Approved OFSDPs will submit data as stated in the assurances section of the program application.

(1) A school district with a campus operating an OFSDP must reapply annually to continue to operate an OFSDP to verify that student eligibility requirements specified in subsection (b) of this section are met.

(2) A student participating in an OFSDP must take all assessment instruments as defined by the TEC, §39.023, during the regularly scheduled administration periods.

(3) A school district operating an OFSDP must conduct audits every other year of the OFSDP student attendance processes, procedures, and data quality to maintain eligibility for the program. Audits may be conducted by an internal auditor, external auditor, or an authorized school district administrator responsible for student attendance accounting.

(4) The commissioner may consider academic performance and student attendance accounting documentation and procedures to continue district or campus eligibility for the OFSDP.

(h) School district annual performance review.

(1) Annually, each school district shall review its progress in relation to the performance indicators required by this subsection. Progress should be assessed based on information that is disaggregated with respect to race, ethnicity, gender, and socioeconomic status.

(A) A school district must include high school graduation as one of the performance indicators for students participating in the OFSDP.

(B) A school district operating an OFSDP for a campus will select and report student performance indicators appropriate to the population being served. The selected performance indicators must measure student achievement on an annual basis.

(2) At an open meeting of the board of trustees, a school district shall establish and review annual performance goals for the OFSDP related to performance indicators appropriate to the program, as established in paragraph (1) of this subsection and approved by the TEA.

(3) A school district shall ensure that decisions on the continuation of the OFSDP are based on state student assessment results and other student performance data.

(i) Evaluation of programs.

(1) The TEA shall evaluate the OFSDP based on performance indicators established in subsection (h) of this section.

(2) In addition to the evaluation on the indicators identified in subsection (h) of this section, a school district shall be evaluated based on student assessment administration and student attendance accounting processes and procedures.

(j) Revocation of or denial to renew authorization to operate an OFSDP.

(1) The commissioner may revoke authorization or deny renewal of an OFSDP based on the following factors:

(A) noncompliance with application assurances and/or the provisions of this section;

(B) failure to keep timely and accurate audit and attendance accounting records;

(C) failure to maintain student eligibility requirements specified in subsection (b) of this section if one of these designations was used as an eligibility criteria for OFSDP;

(D) lack of program success as evidenced by progress reports or program data; or

(E) failure to provide accurate, timely, and complete information as required by the TEA to evaluate the effectiveness of the OFSDP.

(2) A revocation or nonrenewal of an approved OFSDP takes effect for the semester immediately following the date on which the revocation or nonrenewal is issued unless another date is determined by the commissioner.

(3) An OFSDP is entitled to a ten-day notice of the proposed revocation or nonrenewal and an informal review by the commissioner's designee.

(4) A decision by the commissioner to revoke the authorization or deny renewal of an OFSDP is final and may not be appealed.

(5) The OFSDP is a state program subject to a special accreditation investigation under the TEC, Chapter 39A [39 ]. Student attendance accounting records are subject to audit under §129.21 of this title (relating to Requirements for Student Attendance Accounting for State Funding Purposes). The commissioner may impose interventions and sanctions on a school district under the TEC, Chapter 39A, for failure to comply with the OFSDP requirements of this 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 10, 2020.

TRD-202003272

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: September 20, 2020

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


PART 7. STATE BOARD FOR EDUCATOR CERTIFICATION

CHAPTER 229. ACCOUNTABILITY SYSTEM FOR EDUCATOR PREPARATION PROGRAMS

19 TAC §229.1, §229.4

(Editor's note: In accordance with Texas Government Code, §2002.014, which permits the omission of material which is "cumbersome, expensive, or otherwise inexpedient," the figure in 19 TAC §229.1(c) is not included in the print version of the Texas Register. The figure is available in the on-line version of the August 21, 2020, issue of the Texas Register.)

The State Board for Educator Certification (SBEC) proposes amendments to §229.1 and §229.4, concerning accountability system for educator preparation programs. The proposed amendments to 19 Texas Administrative Code (TAC) Chapter 229 would provide for adjustments to the 2019-2020 Accountability System for Educator Preparation (ASEP) due to Governor Abbott's disaster declaration related to COVID-19; would include an accountability indicator for educator preparation programs (EPPs) based on the improvement in achievement of students taught by beginning teachers; would provide an index for the determination of EPP accreditation status; and would provide updates to the ASEP manual.

BACKGROUND INFORMATION AND JUSTIFICATION: EPPs are entrusted to prepare educators for success in the classroom. Texas Education Code (TEC), §21.0443, requires EPPs to adequately prepare candidates for certification. Similarly, TEC, §21.031, requires the SBEC to ensure candidates for certification demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of this state. TEC, §21.045, also requires SBEC to establish standards to govern the continuing accountability of all EPPs. The SBEC rules in 19 TAC Chapter 229 establish the process used for issuing annual accreditation ratings for all EPPs to comply with these provisions of the TEC and to ensure the highest level of educator preparation, which is specified in the SBEC Mission Statement.

At the December 2018 SBEC meeting, Texas Education Agency (TEA) staff presented several topics and received direction from the SBEC to inform potential rule changes to Chapter 229 in the future. At that time, TEA staff informed the SBEC that staff would be working to explore opportunities for adjustments to the comprehensive accountability system to increase consistency and transparency. In addition to SBEC input and direction, TEA staff have worked with stakeholders to solicit feedback regarding potential options for the SBEC's consideration.

At the May 2020 SBEC meeting, TEA staff presented draft rule text and the SBEC directed staff to solicit additional stakeholder input on issues related to public comment received regarding the weighting of ASEP Indicator 1b, certification examination results for non-PPR exams, and the indexing system. Staff hosted a meeting with stakeholders on May 15 and gathered feedback on these issues.

Following is a description of the topics for the proposed amendments to 19 TAC Chapter 229. In addition to the detailed descriptions below, the proposed amendments would also remove outdated provisions related to the 2018-2019 academic year; would provide edits to the manual to address the 2019-2020 reporting year; would provide technical clean-up edits for clarification; and would provide relettering/renumbering to conform with the Texas Register style and formatting requirements.

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

Update on Scope of ASEP Manual

The proposed amendment to §229.1(c) would strike the reference to subsection (a) of §229.4 in favor of a broader reference to §229.4 as a whole to clarify that the relevant criteria, formulas, and calculations relevant to all of §229.4 are contained in Figure: 19 TAC §229.1(c).

ASEP Manual

The proposed changes to Figure: 19 TAC §229.1(c) would update the ASEP manual. Updates to the ASEP manual would provide transparency to the field as to the calculations used to determine accreditation statuses. These updates were developed in conference with the Data Working Group. The following is a chapter-by-chapter summary of the proposed changes to Figure: 19 TAC §229.1(c), the ASEP manual.

On the cover page and in the chapters, dates and years would be updated to align with the 2019-2020 reporting year. The table of contents would be updated to match the new page numbers and to be simplified for readability.

Chapter 1 would include a sentence in the About this Manual section describing the new content included in Chapter 9. The sections describing the Educator Preparation Advisory Committee and Educator Preparation Data Workgroup would be removed, as they are authorized by SBEC action, not by the ASEP manual.

Chapter 4 describes the calculations related to the appraisal of first-year teachers by administrators. A sentence noting the pilot year would be removed as it is not necessary for the purpose of the manual. In the Scoring Approach section, sentences describing the development of the scoring approach would be removed as they are not necessary for the purpose of the manual.

Chapter 5 describes the calculations related to the improvement in student achievement indicator. The existing placeholder text would be removed, and the description of how the indicator is calculated would be added. This would include an overview of the indicator, a description of the individuals included in the calculation, a description of the assessments included in the calculation, the scoring approach, special methodological considerations, and a worked example.

Chapter 6 describes the calculations related to the field supervision indicator. A sentence limiting the population would be removed as it is duplicative of rule text. The worked example would be updated to remove the observation date because it is not necessary for the example and to simplify future updates to the manual.

Chapter 7 describes the calculations related to new teacher satisfaction. A sentence noting the pilot year would be removed as it is not necessary for the purpose of the manual. Verb tense would be updated to agree with the pattern elsewhere in the manual.

Chapter 8 describes the calculations related to the EPP commendations. Language would be added to align with newly proposed 19 TAC §229.1(d).

New Chapter 9 would be added and would contain the calculations related to the ASEP Index system. This new chapter would include an overview of the ASEP Index system, a description of the calculation approach, a description of the weights, and a worked example.

At the May 1, 2020 meeting of the SBEC and in the May 15, 2020 stakeholder feedback session, there was discussion about the weighting of Indicator 1b, certification examination results for non-PPR exams. Weights within the ASEP Index have been developed based on stakeholder feedback over the past two years. There has been feedback from EPPs, including alternative certification programs and traditional undergraduate institutions, to adjust the weight of Indicator 1b. A plurality of feedback at the May 15, 2020 stakeholder meeting endorsed this recommendation, and subsequently the weight has been adjusted in the manual text. Additionally, at the May 1, 2020 meeting of the SBEC and feedback from stakeholders, there were concerns about the clarity of Chapter 5. The text was updated to better describe the individuals included and to use more consistent language throughout.

Limitation on Eligibility for EPP Commendations

The proposed amendment in §229.1(d) would clarify that EPPs that were under an active SBEC order or other TEA or SBEC sanction would be disqualified from receiving a commendation. This amendment would address comments received from the SBEC at the February 2020 meeting expressing concern that the SBEC sent mixed signals when it simultaneously commended a program that is sanctioned by the SBEC.

§229.4. Determination of Accreditation Status.

The proposed amendment to §229.4(a) would provide that the 2019-2020 academic year data for the performance indicators would be reported to EPPs but not be used for accountability purposes. The governor declared a state of disaster on March 13, 2020, due to the COVID-19 pandemic that caused many campuses, facilities, and services to close during the disaster period and impacted the collection of relevant data and the opportunity for EPPs to meet these accountability measures. This amendment would prevent EPPs from being subject to accountability ratings based on data from the 2019-2020 academic year, which are partial and incomplete. The proposed changes would also include a technical edit to clarify that paragraphs (1)-(5) of §229.4(a) set out the indicators on which EPP accreditation statuses are based.

Exception for Inclusion of Candidates Certified on the Governor's Disaster Waiver

The proposed amendment in §229.4(a)(1)(B) would exempt candidates issued a probationary certificate without the appropriate certification exams under the governor's waiver from the calculation of the ASEP pass rates for the 2020-2021 academic year. This would keep EPPs from being held accountable for the test performance of individuals who have already completed the program long before they test, preventing EPPs from being able to require that the individuals have done sufficient preparation immediately prior to the examination to ensure success on the test.

Technical and Clean-up Amendments

Proposed amendments in §229.4(a)(2) and §229.4(a)(5) would delete outdated provisions designating the 2018-2019 academic year as report-only for data related to these indicators.

Proposed amendments to the definition of the performance standards in §229.4(a)(2), (3), (4)(B), and (5) would provide technical edits to clarify the performance standard for each of these indicators, combining the description of the methodology with the specific percentage required to pass into a single sentence to avoid confusion.

ASEP Indicator Based on Student Growth

A proposed amendment in §229.4(a)(3) would also update the rule text to implement the ASEP Indicator based on student growth. The relevant student-level calculations are completed as part of the Kindergarten-Grade 12 accountability ratings, and the relevant teacher and EPP calculations are described in Figure: 19 TAC §229.1(c). These amendments and methods would update the ASEP system to comply with the statutory mandate in TEC, §21.045(a)(3). Based on feedback from the SBEC and stakeholders, the wording in §229.4(a)(3) has been updated since the May 1, 2020 meeting to stipulate that this indicator will become actionable after two more years of data have become available. In combination with the 2018-2019 data, this would mean that a total of three years of data would be available to the SBEC and EPPs prior to this indicator becoming actionable.

This indicator, the related methodology, the related performance standard, and the related timeline for implementation were developed in conference with the Indicator 3 working group, an ad hoc stakeholder group consisting of representatives from EPPs, educator organizations, representatives from higher education, and other nonprofit groups. TEA also conferred with the Data Working Group in the development of the indicator.

Determination of Accreditation Status

The proposed amendment to §229.4(b) would clarify that for the 2020-2021 academic year, the recommended accreditation status would be the more favorable outcome of the index system described in the proposed new §229.4(b)(1)(A)-(D) or the existing system, relettered to §229.4(b)(2)(A)-(D) for each EPP.

Proposed new §229.4(b)(1) would clarify that beginning in the 2020-2021 academic year, the relevant calculations for the ASEP Index system are contained in the ASEP manual, Figure: 19 TAC §229.1(c), and in compliance with SBEC rules and the TEC. This would provide transparency to the field and policymakers in how the accreditation statuses are assigned.

Proposed new §229.4(b)(1)(A)-(D) would prescribe the new system of the determination of accreditation status assignment. The proposed rule sets 80% of possible points as threshold score for Accredited-Probation status as suggested by stakeholders and in an effort to ensure that the index system created a similar number of programs on Accredited-Probation status to the number on Accredited-Probation status in the current system. The proposed rule sets 85% of possible points as the threshold score for Accredited-Warned status in response to stakeholder comment and to identify programs that are in danger of slipping into Accredited-Probation status in coming years without introducing additional challenges for programs that are effectively engaged in improvement. Specifically, the proposed amendments are as follows.

New §229.4(b)(1)(A) would assign an EPP a status of Accredited if they meet the standard of 85% of the possible points for the academic year in the ASEP Index system. New §229.4(b)(1)(B) would assign an EPP a status of Accredited-Not Rated prior to the accumulation of data necessary for determining a rating. New §229.4(b)(1)(C)(i) would assign an EPP a status of Accredited-Warned if they accumulate 80% or more but less than 85% of the possible points for the academic year in the ASEP Index system. New §229.4(b)(1)(C)(ii) would maintain the current provisions now reflected in proposed renumbered §229.4(b)(2)(C)(ii) that states an EPP may be assigned a status of Accredited-Warned for violations of rule, order, and/or statute. New §229.4(b)(1)(D)(i) would assign an EPP a status of Accredited-Probation if they accumulate less than 80% of the possible points for the year in the ASEP Index system. New §229.4(b)(1)(D)(ii) would maintain language of proposed renumbered §229.4(b)(2)(D)(ii) stating that an EPP may be assigned a status of Accredited-Probation for violations of rule, order, and/or statute.

Proposed amended and renumbered §229.4(b)(2) would retain the current accreditation status assignment provisions based on the performance standards described in §229.4(a) and in compliance with SBEC rules, orders, and/or TEC, Chapter 21. Per proposed §229.4(b), this method for the determination of accreditation statuses would be assessed in the 2020-2021 academic year, and the recommended accreditation status for the EPP would be the more favorable outcome of this method or the index method in proposed new §229.4(b)(1). The proposed amendment in §229.4(b)(1)-(4) would be renumbered to subsection (b)(2)(A)-(D) for technical formatting purposes.

The proposed amendment would also renumber §229.4(b)(5) to §229.4(b)(3) for technical formatting purposes.

Proposed new §229.4(b)(4) would provide an accreditation status of Not Rated: Declared State of Disaster for the 2019-2020 academic year for all EPPs. This status is based on the governor's declaration of disaster on March 13, 2020, due to COVID-19. This new status would limit the impact of test center closures, local educational agency (LEA) closures, and survey waivers on EPP accreditation statuses. The proposed new subsection would also prescribe that the 2019-2020 Not Rated: Declared State of Disaster status shall not interrupt consecutively measured years or next most recent years and would not be included in any count of years related to the ASEP system. Additionally, the proposed new subsection would prescribe that the ASEP status that each EPP was assigned by the SBEC for the 2018-2019 academic year would be the operative accreditation status for purposes prescribed in 19 TAC Chapter 228, Requirements for Educator Preparation Programs.

FISCAL IMPACT: Ryan Franklin, associate commissioner for educator leadership and quality, has determined that for the first five-year period the proposal is in effect, there is no additional fiscal impact on state or local governments and there are no additional costs to entities required to comply with the proposal.

LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.

SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

COST INCREASE TO REGULATED PERSONS: The proposal does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code, §2001.0045.

TAKINGS IMPACT ASSESSMENT: The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under Texas Government Code, §2007.043.

GOVERNMENT GROWTH IMPACT: The TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not create a new regulation; would not expand, limit, or repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.

PUBLIC BENEFIT AND COST TO PERSONS: Mr. Franklin has determined that for each year of the first five years the proposal is in effect, the public benefit anticipated as a result of enforcing the proposal would be an accountability system that informs the public of the quality of educator preparation provided by each SBEC-approved EPP. There is no anticipated cost to persons who are required to comply with the proposal.

DATA AND REPORTING IMPACT: The proposal would have no new data and reporting impact.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: The TEA has determined that the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.

PUBLIC COMMENTS: The public comment period on the proposal begins August 21, 2020 and ends September 21, 2020. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/About_TEA/Laws_and_Rules/SBEC_Rules_(TAC)/Proposed_State_Board_for_Educator_Certification_Rules/. The SBEC will take registered oral and written comments on the proposal at the October 9, 2020 meeting in accordance with the SBEC board operating policies and procedures. All requests for a public hearing on the proposal 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 August 21, 2020.

STATUTORY AUTHORITY. The amendments are proposed under Texas Education Code (TEC), §21.041(a), which allows the State Board for Educator Certification (SBEC) to adopt rules as necessary for its own procedures; 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(d), which states that the SBEC may adopt a fee for the approval and renewal of approval of an EPP, for the addition of a certificate or field of certification, and to provide for the administrative cost of appropriately ensuring the accountability of educator preparation programs (EPPs); TEC, §21.043(b) and (c), as amended by Senate Bill (SB) 1839, 85th Texas Legislature, Regular Session, 2017, which require SBEC to provide EPPs with data, as determined in coordination with stakeholders, based on information reported through the Public Education Information Management System (PEIMS) that enables an EPP to assess the impact of the program and revise the program as needed to improve; TEC, §21.0441(c) and (d), which require the SBEC to adopt rules setting certain admission requirements for EPPs; TEC, §21.0443, which states that the SBEC shall propose rules to establish standards to govern the approval or renewal of approval of EPPs and certification fields authorized to be offered by an EPP; to be eligible for approval or renewal of approval, an EPP must adequately prepare candidates for educator certification and meet the standards and requirements of the SBEC; the SBEC shall require that each EPP be reviewed for renewal of approval at least every five years; the SBEC shall adopt an evaluation process to be used in reviewing an EPP for renewal of approval; TEC, §21.045, as amended by SB 1839, 85th Texas Legislature, Regular Session, 2017, which states that the board shall propose rules establishing standards to govern the approval and continuing accountability of all EPPs; TEC, §21.0451, which states that the SBEC shall propose rules for the sanction of EPPs that do not meet accountability standards and shall annually review the accreditation status of each EPP; the costs of technical assistance required under TEC, 21.0451(a)(2)(A), or the costs associated with the appointment of a monitor under TEC, §21.0451(a)(2)(C), shall be paid by the sponsor of the EPP; and TEC, §21.0452, which states that to assist persons interested in obtaining teaching certification in selecting an EPP and assist school districts in making staffing decisions, the SBEC shall make certain specified information regarding educator programs in this state available to the public through the SBEC's Internet website.

CROSS REFERENCE TO STATUTE. The amendments implement TEC, §§21.041(a), (b)(1), and (d); 21.043(b) and (c), as amended by Senate Bill (SB) 1839, 85th Texas Legislature, Regular Session, 2017; 21.0441(c) and (d); 21.0443; 21.045, as amended by SB 1839, 85th Texas Legislature, Regular Session, 2017; 21.0451; and 21.0452.

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

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

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

(c) The relevant criteria, formulas, calculations, and performance standards relevant to subsection (d) of this section and §229.4 [§229.4(a)] of this title (relating to Determination of Accreditation Status) are prescribed in the Texas Accountability System for Educator Preparation (ASEP) Manual provided as a figure [provided] in this subsection.

Figure: 19 TAC §229.1(c) (.pdf)

[Figure: 19 TAC §229.1(c)]

(d) An accredited EPP that is not under an active SBEC order or otherwise sanctioned by the SBEC may receive commendations for success in the following four dimensions [categories] identified by the SBEC and prescribed in the figure in subsection (c) of this section:

(1) Rigorous and Robust Preparation;

(2) Preparing the Educators Texas Needs;

(3) Preparing Educators for Long-Term Success; and

(4) Innovative Educator Preparation.

§229.4.Determination of Accreditation Status.

(a) Accountability performance indicators. The State Board for Educator Certification (SBEC) shall determine the accreditation status of an educator preparation program (EPP) at least annually, based on the following accountability performance indicators, disaggregated by demographic group and other requirements of this chapter and determined with the formulas and calculations included in the figure provided in §229.1(c) of this title (relating to General Provisions and Purpose of Accountability System for Educator Preparation Programs). Data will be used only if the following indicators were included in the accountability system for that academic year. [:] Except for the 2019-2020 academic year, when the data described in paragraphs (1)-(5) of this subsection will be reported to EPPs and will not be used to determine accreditation statuses, EPP accreditation statuses shall be based on:

(1) the EPP candidates' performance on examinations of pedagogy and professional responsibilities (PPR) and non-PPR standard certification examinations. The EPP candidates' performance on PPR and non-PPR examinations shall provide separate accountability performance indicators for EPPs.

(A) For both PPR and non-PPR examinations, the performance sta/ndard shall be calculated based on the percentage of individuals admitted after December 26, 2016, who passed an examination within the first two attempts. For purposes of determining the pass rate, an individual shall not be excluded because the individual has not been recommended for a standard certificate. The pass rate is based solely on the examinations approved by the EPP and required to obtain initial certification in the class or category for which the individual serves his or her internship, clinical teaching, or practicum. Examinations not required for certification in that class or category, whether taken before or after admission to an EPP, are not included in the rate. The formula for calculation of pass rate is the number of individuals who have passed an examination on their first or second attempt, including any attempts after the candidate completed the EPP, divided by the number of individuals who passed an examination on their first attempt plus those who passed or failed on their second attempt.

(B) For the 2020-2021 academic year and following, the performance standard shall be the percent of individuals admitted after December 26, 2016, who passed an examination within the first two attempts, including those examinations attempted after the individual has completed the EPP or when the EPP has not recommended the individual for a standard certificate. The pass rate is based solely on the examinations approved by the EPP. Examinations taken before admission to the EPP or specific examinations taken for pilot purposes are not included in the pass rate. Completers who have been issued a probationary certificate under a waiver issued by the governor pursuant to the declaration of disaster on March 13, 2020, are not included in the pass rate for the 2020-2021 academic year.

(C) For examinations of PPR, the pass rate will be calculated as described in subparagraph (A) of this paragraph for the 2018-2019 and 2019-2020 academic years and subparagraph (B) of this paragraph beginning with the 2020-2021 academic year. The performance standard shall be a pass rate of 85%.

(D) For non-PPR examinations, the pass rate will be calculated as described in subparagraph (A) of this paragraph for the 2018-2019 and 2019-2020 academic years and subparagraph (B) of this paragraph beginning with the 2020-2021 academic year. The performance standard shall be a pass rate of 75%.

(2) the results of appraisals of first-year teachers by administrators, based on a survey in a form to be approved by the SBEC. The performance standard shall be 70% [the percentage ] of first-year teachers from the [each] EPP who are appraised as "sufficiently prepared" or "well prepared." [The performance standard shall be 70%. The 2018-2019 academic year will be a reporting year only and will not be used to determine accreditation status;]

(3) the growth of students taught by beginning teachers as indicated by the STAAR Progress Measure, determined at the student level as described in Figure: 19 TAC §97.1001(b) of Part II of this title (relating to Accountability Rating System), and aggregated at the teacher level as described in Figure: 19 TAC §229.1(c) of this title (relating to General Provisions and Purpose of Accountability System for Educator Preparation Programs). The performance standard shall be 70% of beginning teachers from the EPP reaching the individual performance threshold. The first two academic years for which the Texas Education Agency (TEA) has data necessary to calculate this performance standard following the 2019-2020 academic year will be reporting years only and will not be used to determine accreditation status; [to the extent practicable, as valid data become available and performance standards are developed, the improvement in student achievement of students taught by beginning teachers;]

(4) the results of data collections establishing EPP compliance with SBEC requirements specified in §228.35(g) of this title (relating to Preparation Program Coursework and/or Training), regarding the frequency, duration, and quality of field supervision to candidates completing clinical teaching or an internship. The frequency and duration of field supervision shall provide one accountability performance indicator, and the quality of field supervision shall provide a separate accountability performance indicator.

(A) The performance standard as to the frequency, duration, and required documentation of field supervision shall be that the EPP meets the requirements of documentation of §228.35(g) of this title for 95% of the EPP's candidates.

(B) The performance standard for quality shall be 90% [the percentage] of candidates rating [who rate] the field supervision as "frequently" or "always or almost always" providing the components of structural guidance and ongoing support[. The performance standard shall be 90%]; and

(5) the results from a teacher satisfaction survey, in a form approved by the SBEC, of new teachers administered at the end of the first year of teaching under a standard certificate. The performance standard shall be 70% [the percentage] of teachers responding [who respond] that they were "sufficiently prepared" or "well prepared" by their EPP. [The performance standard shall be 70%. The 2018-2019 academic year will be a reporting year only and will not be used to determine accreditation status.]

(b) Accreditation status assignment. For the 2020-2021 academic year, the assigned accreditation status shall be the better result for the EPP from the system described in paragraph (1) of this subsection and paragraph (2) of this subsection [All approved EPPs shall be assigned an accreditation status based on the accountability performance standards described in subsection (a) of this section and in compliance with SBEC rules and/or TEC, Chapter 21].

(1) Beginning in the 2020-2021 academic year, all approved EPPs may be assigned an accreditation status based on their performance in the Accountability System for Educator Preparation Programs (ASEP) Index system, as described in Figure: 19 TAC §229.1(c) of this title.

(A) Accredited status. An EPP shall be assigned an Accredited status if the EPP has met the standard of 85% of the possible points in the ASEP Index system as described in Figure: 19 TAC §229.1(c) of this title and has been approved by the SBEC to prepare, train, and recommend candidates for certification.

(B) Accredited-Not Rated status. An EPP shall be assigned Accredited-Not Rated status upon initial approval to offer educator preparation, until the EPP can be assigned a status based on the ASEP Index system as described in Figure: 19 TAC §229.1(c) of this title. An EPP is fully accredited and may recommend candidates for certification while it is in Accredited-Not Rated status.

(C) Accredited-Warned status.

(i) An EPP shall be assigned Accredited-Warned status if the EPP accumulates 80% or greater but less than 85% of the possible points in the ASEP Index system as described in Figure: 19 TAC §229.1(c) of this title.

(ii) An EPP may be assigned Accredited-Warned status if the SBEC determines that the EPP has violated SBEC rules, orders, and/or Texas Education Code (TEC), Chapter 21.

(D) Accredited-Probation status.

(i) An EPP shall be assigned Accredited-Probation status if the EPP accumulates less than 80% of the possible points in the ASEP Index system as described in Figure: 19 TAC §229.1(c) of this title.

(ii) An EPP may be assigned Accredited-Probation status if the SBEC determines that the EPP has violated SBEC rules, orders, and/or TEC, Chapter 21.

(2) Through the 2020-2021 academic year, all approved EPPs may be assigned an accreditation status as follows.

(A) [(1)] Accredited status. An EPP shall be assigned an Accredited status if the EPP has met the accountability performance standards described in subsection (a) of this section and has been approved by the SBEC to prepare, train, and recommend candidates for certification.

(B) [(2)] Accredited-Not Rated status. An EPP shall be assigned Accredited-Not Rated status upon initial approval to offer educator preparation, until the EPP can be assigned a status based on the performance standards described in subsection (a) of this section. An EPP is fully accredited and may recommend candidates for certification while it is in Accredited-Not Rated status.

(C) [(3)] Accredited-Warned Status.

(i) [(A)] An EPP shall be assigned Accredited-Warned status if the EPP:

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

(II) [(ii)] fails to meet the performance standards in two demographic groups on an indicator set forth in subsection (a) of this section in any one year; or

(III) [(iii)] fails to meet the performance standards for a demographic group on any of the indicators set forth in subsection (a) of this section for two consecutively measured years, regardless of whether the deficiency is in the same demographic group or standard.

(ii) [(B)] An EPP may be assigned Accredited-Warned status if the SBEC determines that the EPP has violated SBEC rules, orders, and/or TEC, Chapter 21.

(D) [(4)] Accredited-Probation status.

(i) [(A)] An EPP shall be assigned Accredited-Probation status if the EPP:

(I) [(i)] fails to meet the performance standards set by the SBEC for the overall performance of all its candidates on any of the indicators set forth in subsection (a) of this section for two consecutively measured years;

(II) [(ii)] fails to meet the performance standards in three demographic groups on an indicator set forth in subsection (a) of this section in any one year; or

(III) [(iii)] fails to meet the performance standards for a demographic group on any of the indicators set forth in subsection (a) of this section for three consecutively measured years, regardless of whether the deficiency is in the same demographic group or standard.

(ii) [(B)] An EPP may be assigned Accredited-Probation status if the SBEC determines that the EPP has violated SBEC rules, orders, and/or TEC, Chapter 21.

(3) [(5)] Not Accredited-Revoked status.

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

(B) An EPP may be assigned Not Accredited-Revoked status if the EPP has been on Accredited-Probation status for one year, and the SBEC determines that revoking the EPP's approval is reasonably necessary to achieve the purposes of the TEC, §21.045 and §21.0451.

(C) An EPP may be assigned Not Accredited-Revoked status if the EPP fails to pay the required ASEP [Accountability System for Educator Preparation Programs (ASEP)] technology fee by the deadline set by TEA as prescribed in §229.9(7) of this title (relating to Fees for Educator Preparation Program Approval and Accountability).

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

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

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

(4) Not Rated: Declared State of Disaster status.

(A) Due to the governor's declaration of disaster on March 13, 2020 in accordance with Texas Government Code, §418.014, all EPPs shall be assigned a status of Not Rated: Declared State of Disaster for the 2019-2020 academic year.

(B) The assignment of Not Rated: Declared State of Disaster shall not interrupt consecutively measured years or next most recent prior years as prescribed in this chapter. The assignment of Not Rated: Declared State of Disaster shall not be included in any count of years prescribed in this chapter.

(C) For the purposes of §228.10 of this title (relating to Approval Process), §228.17(c) of this title (relating to Change of Ownership and Name Change), and §228.20 of this title (relating to Governance of Educator Preparation Programs), the status the SBEC assigned an EPP for the 2018-2019 academic year shall be the operative accreditation status.

(c) Small group exception.

(1) For purposes of accreditation status determination, the performance of an EPP candidate group, aggregated or disaggregated by demographic group, shall be measured against performance standards described in this chapter in any one year in which the number of individuals in the group exceeds 10. The small group exception does not apply to compliance with the frequency and duration of field supervisor observations.

(2) For an EPP candidate group, aggregated or disaggregated by demographic group, where the group contains 10 or fewer individuals, the group's performance shall not be counted for purposes of accreditation status determination for that academic year based on only that year's group performance.

(3) If the current year's EPP candidate group, aggregated or disaggregated by demographic group, contained between one and 10 individuals, that group performance shall be combined with the next most recent prior year's group performance for which there was at least one individual, and if the two-year cumulated group contains more than 10 individuals, then the two-year cumulated group performance must be measured against the standards in the current year.

(4) If the two-year cumulated EPP candidate group, aggregated or disaggregated by demographic group, contains between one and 10 individuals, then the two-year cumulated group performance shall be combined with the next most recent group performance for which there was at least one individual. The three-year cumulated group performance must be measured against the standards in the current year, regardless of how small the cumulated number of group members may be.

(5) In any reporting year in which the EPP candidate group, aggregated or disaggregated by demographic group, does not meet the necessary number of individuals needed to measure against performance standards for that year, for all indicators, the accreditation status will continue from the prior year. Any sanction assigned as a result of an accredited-warned or accredited-probation status in a prior year will continue if that candidate group has not met performance standards since being assigned accredited-warned or accredited-probation status. The SBEC may modify the sanction as the SBEC deems necessary based on subsequent performance, even though that performance is not measured against performance standards for a rating.

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 10, 2020.

TRD-202003262

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: September 20, 2020

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


CHAPTER 231. REQUIREMENTS FOR PUBLIC SCHOOL PERSONNEL ASSIGNMENTS

The State Board for Educator Certification (SBEC) proposes amendments to §§231.3, 231.9, 231.15, 231.17, 231.19, 231.49, 231.51, 231.55, 231.61, 231.63, 231.65, 231.91, 231.93, 231.123, 231.125, 231.127, 231.129, 231.151, 231.153, 231.177, 231.191, 231.193, 231.195, 231.201, 231.203, 231.205, 231.207, 231.209, 231.211, 231.213, 231.215, 231.217, 231.219, 231.271, 231.283, 231.287, 231.289, 231.305, 231.331, 231.333, 231.335, 231.337, 231.339, 231.341, 231.361, 231.365, 231.392 - 231.395, 231.397, 231.421, 231.423, 231.425, 231.427, 231.445, 231.483, 231.487, 231.503, 231.521, 231.525, 231.541, 231.543, 231.545, 231.565, 231.567, 231.569, 231.573, 231.575, 231.577, 231.579, and 231.581; the repeal of §§231.251, 231.253, 231.255, 231.257, 231.259, 231.485, 231.591, 231.595, 231.611, 231.613, 231.615, 231.617, 231.619, 231.621, 231.623, 231.641, 231.643, and 231.645; and new §§231.485, 231.491, 231.585, 231.587, 231.589, 231.591, 231.593, 231.595, 231.631, 231.633, 231.651, 231.701, 231.703, 231.705, 231.707, 231.709, 231.711, 231.713, 231.751, 231.753, and 231.755, concerning requirements for public school personnel assignments. The proposed revisions to 19 Texas Administrative Code (TAC) Chapter 231, Subchapters B, C, D, E, F, and G, would implement the statutory requirements in House Bill (HB) 3, 86th Texas Legislature, 2019, that requires that all master teacher certificates be designated as "legacy" certificates and recognized for assignment purposes until they expire. The proposed revisions would also incorporate courses approved by the State Board of Education (SBOE), would add certificate areas to the list of credentials appropriate for placement into an assignment, and would reorganize current provisions to improve readability and align citations.

BACKGROUND INFORMATION AND JUSTIFICATION: The SBEC rules in 19 TAC Chapter 231 establish the personnel assignments that correlate with appropriate certifications and are organized as follows: Subchapter A, Criteria for Assignment of Public School Personnel; Subchapter B, Prekindergarten-Grade 6 Assignments; Subchapter C, Grades 6-8 Assignments; Subchapter D, Electives, Disciplinary Courses, Local Credit Courses, and Innovative Courses, Grades 6-12 Assignments; Subchapter E, Grades 9-12 Assignments; Subchapter F, Special Education-Related Services Personnel Assignments; and Subchapter G, Paraprofessional Personnel, Administrators, and Other Instructional and Professional Support Assignments.

These subchapters provide guidance to school districts and educators by providing a listing of courses by grade level and subject area and by identifying the corresponding certificates and other requirements for placement of individuals into classroom and/or campus assignments. This information assists districts with hiring and personnel assignment decisions.

The following is an overview of proposed revisions to 19 TAC Chapter 231.

Subchapter B. Prekindergarten-Grade 6 Assignments

HB 3 Legacy Master Teacher Updates

Proposed amendments to the following sections in Subchapter B would implement HB 3, 86th Texas Legislature, 2019, which requires all master teacher certificates be designated as "legacy" certificates and recognized for assignment purposes: §231.3(b)(15)-(17); §231.9(b)(11)-(13); §231.15(17)-(21); and §231.17(16).

§231.19. Languages Other Than English, Grades 1-6.

The proposed amendment in §231.19 would add Classical Languages and Discovering Languages and Cultures to align with the current list of SBOE-approved Languages Other Than English (LOTE) courses. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments. The list of certificates appropriate to teach these courses remains the same.

Subchapter C. Grades 6-8 Assignments

HB 3 Legacy Master Teacher Updates

Proposed amendments to the following sections in Subchapter C would implement HB 3, which requires all master teacher certificates be designated as "legacy" certificates and recognized for assignment purposes: §231.49(19); §231.51(22); §231.61(14) and (15); §231.63(27); and §231.65(38) and (39).

§231.55. Languages Other Than English, Grades 6-8.

The proposed amendment in §231.55(a) would add Classical Languages and Discovering Languages and Cultures and delete Exploratory Languages and Cultural and Linguistic Topics for LOTE classrooms for Grades 6-8 to align with the current list of SBOE-approved LOTE courses. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments. The list of certificates appropriate to teach these courses remains the same.

Subchapter D. Electives, Disciplinary Courses, Local Credit Courses, and Innovative Courses, Grades 6-12 Assignments

Proposed amendments in Subchapter D would streamline rules to prevent redundancy and confusion with SBOE and commissioner of education rules regarding student course credit so that the SBEC rules pertain only to educator certificates and assignments and provide clarity for district personnel, as student course credit decisions are determined by SBOE or Texas Education Agency (TEA) and not the SBEC.

§231.91. Reserve Officer Training Corps.

The proposed amendment in §231.91(d) would delete the provision pertaining to student course credit for Reserve Officer Training Corps classes because student course credit is not within the jurisdiction of the SBEC. Student course credit decisions are determined by the SBOE or TEA, not the SBEC.

§231.93. Athletics; Cheerleading; Drill Team; Marching Band.

The proposed amendment in §231.93(b) would delete the provision pertaining to student course credit for Athletics, Cheerleading, Drill Team, and Marching Band classes because student course credit is not within the jurisdiction of the SBEC. The proposed amendment in §231.93(a) would also provide technical formatting clean-up.

Subchapter E. Grades 9-12 Assignments

HB 3 Legacy Master Teacher Updates

Proposed amendments in the following divisions and sections in Subchapter E would implement HB 3, which requires all master teacher certificates be designated as "legacy" certificates and recognized for assignment purposes: Division 1: §231.127(9) and §231.129(9); Division 4: §231.191(4), §231.193(4), and §231.195(4); Division 5: §231.201(9), §231.203(9), §231.205(7), §231.207(9), §231.209(9), §231.211(7), §231.213(7), §231.215(12), §231.217(12), §231.219(4); Division 9: §231.271(c)(3); Division 10: §231.283(a)(6) and §231.287(a)(4); Division 15: §231.392(10), §231.394(a)(4), §231.395(a)(4), and §231.397(a)(4); Division 17: §231.423(a)(8) and §231.425(a)(5); Division 18: §231.445(a)(8); Division 21: §231.503(a)(7); Division 22: §231.525(a)(2); Division 24: §231.565(a)(8), §231.569(a)(1), §231.573(a)(1), §231.575(a)(1), §231.577(a)(3), §231.579(a)(1), and §231.581(a)(1).

Aligning with SBOE and Necessary Updates

To reflect courses approved by the SBOE and make other necessary updates, the changes proposed in the specified divisions below would identify the appropriate certificates and/or training requirements for placement into various assignments.

Division 1. English Language Arts and Reading, Grades 9-12 Assignments.

§231.123. English I and II for Speakers of Other Languages, Grades 9-12.

The proposed amendment in §231.123(a) and (b) would add a new SBOE-approved course, English Language Development and Acquisition (ELDA) for Grades 9-12. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments. The list of certificates appropriate to teach these courses remains the same.

§231.125. English as a Second Language, Grades 9-12.

The proposed amendment in §231.125 would delete the course English Language Development and Acquisition (ELDA) for Grades 9-12, because it would be duplicative of the language that would be added by the proposed amendment to §231.123(a). The proposed amendment to §231.125 would streamline the rules to provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments. The list of certificates appropriate to teach these courses remains the same.

Division 2. Languages Other Than English, Grades 9-12 Assignments

§231.151. Languages Other Than English, Grades 9-12.

The proposed amendment in §231.151 would add Levels I-VII for Languages Other than English; Classical Languages, Levels I-VII; Discovering Languages and Cultures; Seminars in Languages Other Than English; Seminar in Classical Languages; and Advanced Language for Career Exploration; and would delete Exploratory Languages and Cultural and Linguistic Topics for Grades 9-12 to align with the current list of SBOE-approved LOTE courses. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments. The list of certificates appropriate to teach these courses remains the same.

§231.153. American Sign Language, Grades 9-12.

The proposed amendment in §231.153(a) would add Levels I-IV for American Sign Language for Grades 9-12 to specify the specific SBOE-approved courses. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments. The list of certificates appropriate to teach these courses remains the same.

Division 3. Social Studies, Grades 9-12 Assignments.

§231.177. Ethnic Studies: Mexican American Studies, Grades 9-12.

The proposed amendment in §231.177 would change the section title to read, "Ethnic Studies, Grades 9-12," and would add the SBOE-approved course, Ethnic Studies: African American Studies, Grades 9-12, to the list of course offerings in the Ethnic Studies section and include the list of credentials appropriate to serve in this assignment. These proposed changes would provide for both ethnic studies courses, Mexican American Studies and African American Studies, to be taught by the same list of certificates appropriate to teach the courses.

Division 8. Technology Applications, Grades 9-12 Assignments.

Division 8 would be proposed for repeal, with current courses and appropriate certificates relocated to other sections in this chapter for clarity to the field.

Division 9. Career Development, Grades 9-12 Assignments.

§231.271. Career Development, Grades 9-12.

Section 231.271(a) would be reorganized to add new paragraph (1) to reflect current certificates for teaching career development for Grades 9-12 and would add new paragraph (2) that would provide holders of special education certificates an opportunity to teach career development courses, provided they complete the additional specified, TEA-approved career and technical education (CTE) training prior to teaching these courses. The proposed amendment would ensure that students who receive special education services have opportunities to enroll in these courses taught by teachers who are highly trained to provide appropriate supports. The proposed amendment would also provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

Section 231.271(b) would be reorganized to add new paragraph (1) to reflect current certificates for project-based research courses for Grades 9-12 and would add new paragraphs (2) and (3) that would provide technology certificates to teach project-based research courses. A proposed amendment would remove a reference to vocational or CTE certificates. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

Proposed new paragraphs (11)-(14) in §231.271(c) would add new certificates to teach the Applied Mathematics for Technical Professionals course for Grades 9-12. The proposed addition of "legacy" to paragraph (3) and the proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

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

§231.289. Agriculture Equipment Design and Fabrication; Agricultural Structures Design and Fabrication; Agricultural Mechanics and Metal Technologies; Agricultural Power Systems; Oil and Gas Production, Grades 9-12.

The proposed amendment in §231.289 would delete from the section title, "Oil and Gas Production," and would delete the SBOE-approved courses Oil and Gas Production I and Oil and Gas Production II from the list of course offerings, as they would be duplicative because they have been reorganized to other sections of this chapter. The list of certificates appropriate to teach these courses remains the same. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

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

§231.305. Architectural Design, Grades 9-12.

Proposed new §231.305(b)(9) and (10) would provide the appropriate certificates to teach architectural design courses for Grades 9-12. The additional certification areas would increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction and would also ensure that holders of any home economics and homemaking certificates can teach the full course sequence under the architectural design program of study. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

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

§231.331. Professional Communications, Grades 9-12.

Proposed new §231.331(13) and (14) would add two technology applications certificates to teach the professional communications courses for Grades 9-12. The additional technology applications certification areas would allow certificate holders the opportunity to teach the entire sequence of courses in the program of study and would increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

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

Proposed new §231.333(12) and (13) would provide the appropriate certificates to teach the Principles of Arts, Audio/Video Technology, and Communications courses for Grades 9-12. The additional certification areas would increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction and would also ensure that holders of Family and Consumer Sciences, Home Economics, and Homemaking certificates can teach the full course sequence under the fashion design program of study. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

§231.335. Animation, Grades 9-12.

The proposed amendment in §231.335(a) would add two SBOE-approved courses, Digital Art and Animation and 3-D Modeling and Animation, for Grades 9-12, which the SBOE has moved to CTE. The proposed amendment would implement HB 963, 86th Texas Legislature, 2019, that required the SBOE to conduct a review of the Texas Essential Knowledge and Skills (TEKS) for CTE and technology application courses for Grades 9-12 and to consolidate courses and eliminate duplicative course, which resulted in moving these former technology application courses to CTE. The proposed amendment would also provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments. The list of certificates appropriate to teach these courses remains the same.

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

The proposed amendment in §231.337(a) would add three SBOE-approved courses, Web Game Development, Digital Design and Media Production, and Digital Communications in the 21st Century, for Grades 9-12, which the SBOE has moved to CTE for Grades 9-12. The proposed amendment would implement HB 963, 86th Texas Legislature, 2019, that required the SBOE to conduct a review of the TEKS for CTE and technology application courses for Grades 9-12 and to consolidate courses and eliminate duplicative course, which resulted in moving these former technology application courses to CTE. The proposed amendment would also provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments. The list of certificates appropriate to teach these courses remains the same.

§231.339. Photography, Grades 9-12.

Proposed new §231.339(a)(7) and (8) and §231.339(b)(7) and (8) would add technology applications certificates to teach the photography courses for Grades 9-12. The additional technology applications certification areas would allow certificate holders the opportunity to teach the entire sequence of courses in the program of study and would increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

Section 231.339(a)(7)-(9) would be renumbered to §231.339(a)(9)-(11) for technical formatting purposes.

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

Proposed new §231.341(a)(4)-(8) and (b)(4)-(8) would provide the appropriate certificates to teach the printing and imaging technology courses for Grades 9-12. The additional certification areas of Technology Applications, Technology Education, Industrial Arts, and Industrial Technology would allow certificate holders the opportunity to teach the entire sequence of courses in the program of study and would increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

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

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

The proposed amendment in §231.361(a) would separate Business Information Management II, Business Law, and Touch System Data Entry from Business Information Management I to conform with changes to SBOE rules that have made Business Information Management I a pre-requisite for Health Informatics. Proposed new §231.361(a)(4)-(7) would provide the appropriate certificates to teach the Business Information Management I course for Grades 9-12. The proposed addition of the marketing certificates to the list of credentials appropriate for this assignment would acknowledge the overlapping knowledge and skills in occupations of business, marketing, and finance and would allow the Marketing certificate holder to also teach business management courses. Making the health science certificates eligible to teach Business Information Management I would facilitate an educator's ability to teach each course in the program of study. Health science certified teachers with industry experience in health informatics have the practical application and/or knowledge of how Business Information Management I knowledge and skills are implemented in the health informatics occupations, but would not necessarily possess the depth of knowledge to provide instruction to the other courses (Business Information Management II, Business Law, or Touch System Data Entry). Additionally, those courses are not included in the health informatics program of study. The proposed additional certification areas would increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

The proposed amendment to §231.361 would add a new subsection (b) to delineate the appropriate certificates to teach Business Information Management II, Business Law, and Touch System Data Entry. The proposed new subsection would allow Marketing certificate holders to teach these courses; would acknowledge the overlapping knowledge and skills in occupations of business, marketing, and finance; and would allow the Marketing certificate holder to also teach business management courses.

Section 231.361(b) would be relettered to §231.361(c) for technical formatting purposes, and the cross reference in relettered subsection (c) would be changed to subsection (d) to provide the appropriate cross reference. Proposed new subsection (c)(4) and (5) would provide marketing certificates to teach the appropriate business management courses for Grades 9-12. The additional marketing certificates would align with the program of study course sequence and would increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction.

Section 231.361(c) would be relettered to §231.361(d) for technical formatting purposes.

§231.365. Business English, Grades 9-12.

Proposed new §231.365(a)(12) and (13) would provide the marketing certificates to teach the Business English course for Grades 9-12. Several occupations in business, marketing, and finance have overlapping required skills and knowledge. Due to the overlap, when developing programs of study, the SBOE decided to combine the three career clusters. In an effort to create equity between two certificates, Business Management and Marketing, the proposed amendment would add the Marketing certification for any course that allowed the Business Management certification provided the necessary content was covered in the postsecondary instruction. An individual with a Marketing certification possesses the requisite skills to teach Business English since the content necessary to have a solid foundation in business is included in the college coursework and would allow the Marketing certificate holder to teach all courses in the program of study.

Division 15. Finance, Grade 9-12 Assignments.

§231.392. Money Matters, Grades 9-12.

Proposed new §231.392(9)-(16) would provide the appropriate mathematics certificates to teach the Money Matters course for Grades 9-12. The content in the Money Matters course aligns with teacher content knowledge required for Mathematics certification. The proposed additional certification areas would increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

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

Proposed new §231.393(4) and (5) would provide the appropriate marketing certificates to teach Accounting I; Financial Analysis; Insurance Operations; and Securities and Investments courses for Grades 9-12. The proposed amendment would allow Marketing certificate holders to also teach these courses, as there is overlap in the required skills and knowledge for occupations in business, marketing, and finance. The addition of marketing certificates would increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction and would enable these educators to teach the entire program of study course sequence. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

§231.394. Statistics and Business Decision Making, Grades 9-12.

Proposed new §231.394(a)(12) and (13) would provide the appropriate marketing certificates to teach the Statistics and Business Decision Making course for Grades 9-12. The proposed amendment would allow Marketing certificate holders to also teach these courses as there is overlap in the required skills and knowledge for occupations in business, marketing, and finance. The addition of the marketing certificates would increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction and would enable these educators to teach the entire program of study course sequence. The proposed addition of "legacy" to paragraph (4) and the proposed new paragraphs would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

§231.395. Financial Mathematics, Grades 9-12.

Proposed new §231.395(a)(12) and (13) would provide the appropriate marketing certificates to teach the Financial Mathematics course for Grades 9-12. The proposed amendment would allow Marketing certificate holders to also teach these courses as there is overlap in the required skills and knowledge for occupations in business, marketing, and finance. The addition of marketing certificates would increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction and would enable these educators to teach the entire program of study course sequence. The proposed amendment, including the proposed addition of "legacy" to paragraph (4), would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

§231.397. Accounting II, Grades 9-12.

Proposed new §231.397(a)(12) and (13) would provide the appropriate marketing certificates to teach the Accounting II course for Grades 9-12. The proposed amendment would allow Marketing certificate holders to also teach these courses as there is overlap in the required skills and knowledge for occupations in business, marketing, and finance. The addition of the marketing certificates would increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction and would enable these educators to teach the entire program of study course sequence. The proposed amendment, including the proposed addition of "legacy" to paragraph (4), would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

Division 17. Health Science, Grades 9-12 Assignments.

§231.421. Health Science, Grades 9-12.

The proposed amendment in §231.421(a) would separate Medical Terminology from the other courses listed in subsection (a) and move it to new subsection (b). The proposed amendment would provide guidance on the appropriate certificates to teach Medical Terminology for Grades 9-12, which establishes a foundation for key terms that will be utilized throughout the four levels of courses within the healthcare diagnostics program of study. The SBOE expanded the list of certificates for this course to reflect the numerous science certificate holders that have the knowledge and skills necessary to effectively provide student instruction. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments. The proposed amendment would include relettering for technical formatting purposes.

§231.427. Health Informatics, Grades 9-12.

Proposed new §231.427(8) and (9) would provide the appropriate marketing certificates to teach the Health Informatics course for Grades 9-12. The additional Marketing certification areas would align with the addition of the Marketing certification areas in §231.361, Business Information Management I, as that course is a prerequisite to teach Health Informatics and establishes reciprocity in certificate requirements for assignments that cross subject areas. The proposed amendment would also increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

Division 20. Information Technology, Grades 9-12 Assignments.

§231.483. Digital Media; Web Technologies, Grades 9-12.

The proposed amendment in §231.483 would delete the section title, "Web Technologies," and would delete Web Technologies from the list of course offerings for Grades 9-12, as the course has been repealed by the SBOE. The proposed amendment would implement HB 963, 86th Texas Legislature, 2019, that required the SBOE to conduct a review of the TEKS for CTE and technology application courses for Grades 9-12 and to consolidate courses and eliminate duplicative course, which resulted in this course being deemed duplicative and repealed by the SBOE in favor of the technology applications courses. The list of certificates appropriate to teach these courses remains the same. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

§231.485. Web Communications, Web Design, Grades 9-12.

Proposed new §231.485, Web Communications, Web Design, Grades 9-12, would replace §231.485, Computer Programming, proposed for repeal, to align with the SBOE review of CTE and technology applications courses required by HB 963, 86th Texas Legislature, 2019. This proposed change would reflect the move of these courses into CTE as a result of the HB 963 review. The proposed changes would also provide the appropriate courses and certificates to teach those courses in line with other CTE courses and would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

§231.487. Computer Maintenance, Grades 9-12.

Proposed new §231.487(7) and (8) would provide the appropriate technology applications certificates to teach the Computer Maintenance course for Grades 9-12. The additional technology applications certificates would align with certificate requirements to teach Computer Technician and Practicum in Computer Technician courses and would increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

§231.491. Independent Study in Evolving/Emerging Technologies, Independent Study in Technology Applications, Grades 9-12.

Proposed new §231.491 would provide the SBOE-approved courses, Independent Study in Evolving/Emerging Technologies and Independent Study in Technology Applications, for Grades 9-12 with the appropriate certificates to teach those courses. The ability to allow any CTE or vocational certificate holder to teach these courses would increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

Division 22. Manufacturing, Grades 9-12 Assignments.

§231.521. Manufacturing, Grades 9-12.

Proposed new §231.521(b)(9)-(11) would provide the appropriate agriculture certificates to teach the Manufacturing course for Grades 9-12. Teachers with an agriculture certificate can teach the courses preceding and required for the practicum in Manufacturing course so the proposed change would enable the teachers with an agriculture certificate to teach the entire series of courses in a program of study. The proposed amendment would increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

Division 23. Marketing, Grades 9-12 Assignments.

§231.541. Marketing, Grades 9-12.

Proposed new §231.541(a)(4)-(7) and §231.541(b)(4)-(7) would provide the appropriate business certificates to teach the Marketing course for Grades 9-12. The additional certificate areas would increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

§231.543. Advertising, Grades 9-12.

Proposed new §231.543(7)-(9) would provide the appropriate business certificates to teach the Advertising course for Grades 9-12. The additional certificate areas would increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

§231.545. Fashion Marketing, Grades 9-12.

Proposed new §231.545(6)-(9) would provide the appropriate business certificates to teach the Fashion Marketing course for Grades 9-12. The additional certificate areas would increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

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

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

Proposed new §231.567(b)(1)-(7) would provide the appropriate certificates to teach the Engineering Design and Presentation courses for Grades 9-12. Teachers with an agriculture certification can teach Levels I-III engineering courses in Science, Technology, Engineering, and Mathematics (STEM), so the proposed change would enable the teachers with an agriculture certification to also teach the advanced course option for the engineering program of study. The proposed amendment would increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments and would include renumbering paragraphs (1)-(9) to paragraphs (8)-(16) for technical formatting purposes.

Further Alignment with the SBOE's Implementation of Legislative Changes

The remaining amendments to Division 24 would include proposed new §231.591 and proposed new §§231.585, 231.587, 231.589, 231.593, and 231.595 (relocated from Division 8) that would implement HB 963, 86th Texas Legislature, 2019, which required the SBOE to conduct a review of the TEKS for CTE and technology application courses for Grades 9-12 and to consolidate courses and eliminate duplicative courses. The review the SBOE conducted would result in proposed changes to SBEC rules to relocate courses from Division 8, relating to Technology Applications, to Division 24, Science, Technology, Engineering, and Mathematics, to reflect that the SBOE has reclassified those courses as CTE and to repeal Division 8 to prevent duplication. Any resulting additional certification areas would increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction. The proposed new sections would also provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

§231.585. Computer Science, Grades 9-12.

Proposed new §231.585 would relocate the current provisions in §231.251 that are proposed for repeal in Division 8 into Division 24 to reflect that the SBOE has reclassified the Computer Science course as a CTE course. There would be no changes to the list of certificates appropriate to teach these courses.

§231.587. Fundamentals of Computer Science, Advanced Placement Computer Science Principles, Grades 9-12.

Proposed new §231.587 would relocate the current provisions in §231.257 that are proposed for repeal in Division 8 into Division 24 to reflect that the SBOE has reclassified the Fundamentals of Computer Science or Advanced Placement Computer Science Principles course as a CTE course. The new section would also add trade and industrial education certifications as permissible to teach the course for Grades 9-12.

§231.589. Game Programming and Design, Grades 9-12.

Proposed new §231.589 would maintain the current provisions in §231.257 that are proposed for repeal for the Game Programming and Design course for Grades 9-12, while moving it into Division 24 to reflect that the SBOE has reclassified the course as a CTE course. The new section would also add trade and industrial education certifications as permissible to teach the course.

§231.591. Mobile Applications Development, Grades 9-12.

Proposed new §231.591 would add the SBOE-approved course Mobile Applications Development for Grades 9-12 and the appropriate certificates to teach that course into Division 24 to reflect that the SBOE has reclassified it as a CTE course. The course was previously referenced in §231.257, which is proposed for repeal.

§231.593. Cybersecurity, Grades 9-12.

Proposed new §231.593 would maintain the current provisions in §231.259 regarding Cybersecurity courses for Grades 9-12, while moving it into Division 24 to reflect that the SBOE has reclassified it as a CTE course. There would be no changes to the list of certificates appropriate to teach these courses.

§231.595. Discrete Mathematics for Computer Science, Grades 9-12.

Proposed new §231.595 would maintain the current provisions in §231.255 regarding Discrete Mathematics for Computer Science for Grades 9-12, while moving it into Division 24 to reflect that the SBOE has reclassified it as a CTE course. The new section would also add trade and industrial education certifications as permissible to teach the course.

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

The SBEC proposes a repeal and replacement for Division 25, Transportation, Distribution, and Logistics, Grades 9-12, that would address expansion of course numbers in the previous division and correct the numbering for this division. The course information for Division 25 has been renumbered for technical formatting purposes to provide enough room to include current provisions as well as add additional courses approved by the SBOE along with corresponding certificates.

Division 26. Energy, Grades 9-12 Assignments.

Proposed new Division 26 would add the new Energy cluster to align with curriculum changes and would provide clarity on SBOE-approved courses and the appropriate certificates to teach those courses.

§231.651. Energy and Natural Resources, Grades 9-12.

Proposed new §231.651 would add seven new SBOE-approved courses, Oil and Gas Production I-IV; Introduction to Process Technology; Foundations of Energy; or Petrochemical Safety, Health, and Environment, for Grades 9-12 and would provide guidance on the assignment to teach the courses. TEA staff in Educator Certification, Curriculum, and Career and Technical Education worked together closely to discuss proposed rule changes. TEA staff identified certificates appropriate to teach courses based on alignment of knowledge and skills assessed on examinations for certificate issuance to the certificate holder's ability to successfully instruct students in the TEKS for a specified subject area and course offering.

Subchapter F. Special Education-Related Services Personnel Assignments

The proposed revisions to Subchapter F would address the need to expand course numbering in previous subchapters of the rules. The proposed revisions would include the current rules, renumbered to allow for additional rules in 19 TAC Chapter 231. This proposal reflects the reorganization of Subchapter F by proposing for repeal §§231.611, 231.613, 231.615, 231.617, 231.619, 231.621, and 231.623, renumbered as proposed new §§231.701, 231.703, 231.705, 231.707, 231.709, 231.711, and 231.713. The content of the rules remains the same.

Subchapter G. Paraprofessional Personnel, Administrators, and Other Instructional and Professional Support Assignments

The proposed revisions to Subchapter G would address the need to expand course numbering in previous subchapters of the rules. The proposed revisions would include the current rules, renumbered to allow for additional rules in 19 TAC Chapter 231. This proposal reflects the reorganization of Subchapter G by proposing for repeal §§231.641, 231.643, and 231.645, renumbered as proposed new §§231.751, 231.753, and 231.755. The content of the rules remains the same.

FISCAL IMPACT: Ryan Franklin, associate commissioner for educator leadership and quality, has determined that for the first five-year period the proposal is in effect, there is no additional fiscal impact on state or local governments and there are no additional costs to entities required to comply with the proposal.

LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.

SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

COST INCREASE TO REGULATED PERSONS: The proposal does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code, §2001.0045.

TAKINGS IMPACT ASSESSMENT: The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under Texas Government Code, §2007.043.

GOVERNMENT GROWTH IMPACT: TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would create new regulations, would repeal existing regulations, and would expand existing regulations by incorporating courses approved, reconfigured, or redesigned by the SBOE and by adding certification areas to the list of credentials appropriate for placement into an assignment. The proposed rulemaking would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not limit an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.

PUBLIC BENEFIT AND COST TO PERSONS: Mr. Franklin has determined that for each year of the first five years the proposal is in effect, the public benefit of the proposal would be clear guidance for districts on appropriate credentials for placement of individuals into classroom, administrative, and support personnel assignments. The TEA has determined there is no anticipated cost to persons required to comply with the proposal.

DATA AND REPORTING IMPACT: The proposal would have no data and reporting impact.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: The TEA has determined that the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.

PUBLIC COMMENTS: The public comment period on the proposal begins August 21, 2020 and ends September 21, 2020. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/About_TEA/Laws_and_Rules/SBEC_Rules_(TAC)/Proposed_State_Board_for_Educator_Certification_Rules/. The SBEC will take registered oral and written comments on the proposal at the October 9, 2020 meeting in accordance with the SBEC board operating policies and procedures. All requests for a public hearing on the proposal 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 TexasRegister on August 21, 2020.

SUBCHAPTER B. PREKINDERGARTEN-GRADE 6 ASSIGNMENTS

19 TAC §§231.3, 231.9, 231.15, 231.17, 231.19

STATUTORY AUTHORITY. The amendments implement Texas Education Code (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: 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: and TEC, §21.064, as amended by House Bill 3, 86th Texas Legislature, 2019, which required the SBEC to stop the issuance and renewal of master teacher certificates effective September 1, 2019, to add a designation of "legacy" to each master teacher certificate issued, and to recognize these certificates until they expire.

CROSS REFERENCE TO STATUTE. The amendments are proposed under TEC, §§21.031(a), 21.041(b)(1) and (2), and 21.064, as amended by HB 3, 86th Texas Legislature, 2019.

§231.3.General Education, Prekindergarten.

(a) All-level certification in art, health education, music, physical education, speech communication and theatre arts, or theatre may be assigned to teach in the certified area(s) in Prekindergarten-Grade 12.

(b) An assignment for General Education, Prekindergarten, is allowed with one of the following certificates.

(1) Bilingual Generalist: Early Childhood-Grade 4.

(2) Bilingual Generalist: Early Childhood-Grade 6.

(3) Core Subjects: Early Childhood-Grade 6.

(4) Early Childhood Education (Prekindergarten and Kindergarten).

(5) Elementary--General.

(A) Teachers assigned prior to the 1991-1992 school year are required to complete a minimum of 90 clock-hours of in-service training (may be advanced academic training) or six semester credit hours in early childhood education, inclusive of but not limited to child development or language acquisition, by September 1, 1993, to be eligible for assignment.

(B) Initial assignments beginning with the 1991-1992 school year require the early childhood education delivery system or endorsement.

(6) Elementary--General (Grades 1-6).

(A) Teachers assigned prior to the 1991-1992 school year are required to complete a minimum of 90 clock-hours of in-service training (may be advanced academic training) or six semester credit hours in early childhood education, inclusive of but not limited to child development or language acquisition, by September 1, 1993, to be eligible for assignment.

(B) Initial assignments beginning with the 1991-1992 school year require the early childhood education delivery system or endorsement.

(7) Elementary--General (Grades 1-8).

(A) Teachers assigned prior to the 1991-1992 school year are required to complete a minimum of 90 clock-hours of in-service training (may be advanced academic training) or six semester credit hours in early childhood education, inclusive of but not limited to child development or language acquisition, by September 1, 1993, to be eligible for assignment.

(B) Initial assignments beginning with the 1991-1992 school year require the early childhood education delivery system or endorsement.

(8) Elementary Early Childhood Education (Prekindergarten-Grade 6).

(9) Elementary Self-Contained (Grades 1-8).

(A) Teachers assigned prior to the 1991-1992 school year are required to complete a minimum of 90 clock-hours of in-service training (may be advanced academic training) or six semester credit hours in early childhood education, inclusive of but not limited to child development or language acquisition, by September 1, 1993, to be eligible for assignment.

(B) Initial assignments beginning with the 1991-1992 school year require the early childhood education delivery system or endorsement.

(10) English as a Second Language Generalist: Early Childhood-Grade 4.

(11) English as a Second Language Generalist: Early Childhood-Grade 6.

(12) Generalist: Early Childhood-Grade 4.

(13) Generalist: Early Childhood-Grade 6.

(14) Kindergarten.

(15) Legacy Master Mathematics Teacher (Early Childhood-Grade 4) (Mathematics only).

(16) Legacy Master Reading Teacher (Early Childhood-Grade 12) (Reading only).

(17) Legacy Master Science Teacher (Early Childhood-Grade 4) (Science only).

(18) Prekindergarten-Grade 5.

(19) Prekindergarten-Grade 6.

(20) Teacher of Young Children--General.

§231.9.General Education, Kindergarten.

(a) All-level certification in art, health education, music, physical education, speech communication and theatre arts, or theatre may be assigned to teach in the certified area(s) in Prekindergarten-Grade 12.

(b) An assignment for General Education, Kindergarten, is allowed with one of the following certificates.

(1) Bilingual Generalist: Early Childhood-Grade 4.

(2) Bilingual Generalist: Early Childhood-Grade 6.

(3) Core Subjects: Early Childhood-Grade 6.

(4) Early Childhood Education (Prekindergarten and Kindergarten).

(5) Elementary Early Childhood Education (Prekindergarten-Grade 6).

(6) English as a Second Language Generalist: Early Childhood-Grade 4.

(7) English as a Second Language Generalist: Early Childhood-Grade 6.

(8) Generalist: Early Childhood-Grade 4.

(9) Generalist: Early Childhood-Grade 6.

(10) Kindergarten.

(11) Legacy Master Mathematics Teacher (Early Childhood-Grade 4) (Mathematics only).

(12) Legacy Master Reading Teacher (Early Childhood-Grade 12) (Reading only).

(13) Legacy Master Science Teacher (Early Childhood-Grade 4) (Science only).

(14) Prekindergarten-Grade 5--General.

(15) Prekindergarten-Grade 6--General.

(16) Teacher of Young Children--General.

§231.15.Elementary, Grades 1-6.

An assignment for Elementary, Grades 1-6, is allowed with one of the following certificates.

(1) Bilingual Generalist: Early Childhood-Grade 4 (Grades 1-4 only).

(2) Bilingual Generalist: Early Childhood-Grade 6.

(3) Bilingual Generalist: Grades 4-8 (Grades 4-6 only).

(4) Core Subjects: Early Childhood-Grade 6.

(5) Core Subjects: Grades 4-8 (Grades 4-6 only).

(6) Elementary--General.

(7) Elementary--General (Grades 1-6).

(8) Elementary--General (Grades 1-8).

(9) Elementary Early Childhood Education (Prekindergarten-Grade 6).

(10) Elementary Self-Contained (Grades 1-8).

(11) English as a Second Language Generalist: Early Childhood-Grade 4 (Grades 1-4 only).

(12) English as a Second Language Generalist: Early Childhood-Grade 6.

(13) English as a Second Language Generalist: Grades 4-8 (Grades 4-6 only).

(14) Generalist: Early Childhood-Grade 4 (Grades 1-4 only).

(15) Generalist: Early Childhood-Grade 6.

(16) Generalist: Grades 4-8 (Grades 4-6 only).

(17) Legacy Master Mathematics Teacher (Early Childhood-Grade 4) (Mathematics in Grades 1-4 only).

(18) Legacy Master Mathematics Teacher (Grades 4-8) (Mathematics in Grades 4-6 only).

(19) Legacy Master Reading Teacher (Early Childhood-Grade 12) (Reading in Grades 1-6 only).

(20) Legacy Master Science Teacher (Early Childhood-Grade 4) (Science in Grades 1-4 only).

(21) Legacy Master Science Teacher (Grades 4-8) (Science in Grades 4-6 only).

(22) Prekindergarten-Grade 5--General (Grades 1-5 only).

(23) Prekindergarten-Grade 6--General.

(24) Teacher of Young Children--General (Grades 1-3 only).

§231.17.Reading, Grades 1-6.

An assignment for Reading, Grades 1-6, is allowed with one of the following certificates.

(1) A teacher certificate that matches the subject and grade level of the assignment (Prekindergarten-Grade 6).

(2) An elementary teacher certificate appropriate for Grades 1-6 assignment.

(3) Bilingual Generalist: Early Childhood-Grade 4 (Grades 1-4 only).

(4) Bilingual Generalist: Early Childhood-Grade 6.

(5) Bilingual Generalist: Grades 4-8 (Grades 4-6 only).

(6) Core Subjects: Early Childhood-Grade 6.

(7) Core Subjects: Grades 4-8 (Grades 4-6 only).

(8) English as a Second Language Generalist: Early Childhood-Grade 4 (Grades 1-4 only).

(9) English as a Second Language Generalist: Early Childhood-Grade 6.

(10) English as a Second Language Generalist: Grades 4-8 (Grades 4-6 only).

(11) English Language Arts and Reading: Grades 4-8 (Grades 4-6 only).

(12) English Language Arts and Reading/Social Studies: Grades 4-8 (Grades 4-6 only).

(13) Generalist: Early Childhood-Grade 4 (Grades 1-4 only).

(14) Generalist: Early Childhood-Grade 6.

(15) Generalist: Grades 4-8 (Grades 4-6 only).

(16) Legacy Master Reading Teacher (Early Childhood-Grade-12).

(17) Reading Specialist.

(18) Reading Specialist (Early Childhood-Grade 12).

§231.19.Languages Other Than English, Grades 1-6.

An assignment for Languages Other Than English, Classical Languages, or Discovering Languages and Cultures, Grades 1-6, is allowed with one of the following certificates.

(1) A teacher certificate that matches the subject and grade level of the assignment (Grades 1-6).

(2) A Languages Other Than English certificate in the appropriate language (Early Childhood-Grade 12).

(3) A secondary teacher certificate with a teaching field in the language of assignment plus six semester credit hours of elementary education.

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 10, 2020.

TRD-202003231

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: September 20, 2020

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


SUBCHAPTER C. GRADES 6-8 ASSIGNMENTS

19 TAC §§231.49, 231.51, 231.55, 231.61, 231.63, 231.65

STATUTORY AUTHORITY. The amendments implement Texas Education Code (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: 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: and TEC, §21.064, as amended by House Bill 3, 86th Texas Legislature, 2019, which required the SBEC to stop the issuance and renewal of master teacher certificates effective September 1, 2019, to add a designation of "legacy" to each master teacher certificate issued, and to recognize these certificates until they expire.

CROSS REFERENCE TO STATUTE. The amendments are proposed under TEC, §§21.031(a), 21.041(b)(1) and (2), and 21.064, as amended by HB 3, 86th Texas Legislature, 2019.

§231.49.Reading (At or Above Grade Level), Grades 6-8.

An assignment in a departmentalized classroom for Reading (at or above grade level), Grades 6-8, for a holder of a valid elementary, secondary, or all-level certificate is allowed with one of the following certificates.

(1) Bilingual Generalist: Early Childhood-Grade 6 (Grade 6 only).

(2) Bilingual Generalist: Grades 4-8.

(3) Core Subjects: Early Childhood-Grade 6 (Grade 6 only).

(4) Core Subjects: Grades 4-8.

(5) Elementary English (Grades 1-8). This assignment requires verifiable preparation in teaching of reading such as in-service, seminar, or college course in reading. Initial assignments beginning with the 1990-1991 school year require nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques.

(6) Elementary Reading (Grades 1-8).

(7) Elementary teacher certificate plus 18 semester credit hours in English and nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques.

(8) English as a Second Language Generalist: Early Childhood-Grade 6 (Grade 6 only).

(9) English as a Second Language Generalist: Grades 4-8.

(10) English Language Arts and Reading: Grades 4-8.

(11) English Language Arts and Reading: Grades 7-12 (Grades 7 and 8 only).

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

(13) English Language Arts and Reading/Social Studies: Grades 4-8.

(14) Generalist: Early Childhood-Grade 6 (Grade 6 only).

(15) Generalist: Grades 4-8.

(16) Junior High School or High School--English.

(17) Junior High School or High School--English Language Arts, Composite. This assignment includes at least six semester credit hours of reading. Initial assignments beginning with the 2003-2004 school year require nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques.

(18) Junior High School or High School--Reading.

(19) Legacy Master Reading Teacher (Early Childhood-Grade 12).

(20) Reading Specialist.

(21) Reading Specialist (Early Childhood-Grade 12).

(22) Secondary English (Grades 6-8). This assignment requires verifiable preparation in teaching of reading such as in-service, seminar, or college course in reading. Initial assignments beginning with the 1990-1991 school year require nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques.

(23) Secondary English Language Arts, Composite (Grades 6-8). This assignment includes at least six semester credit hours of reading. Initial assignments beginning with the 2003-2004 school year require nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques.

(24) Secondary Reading (Grades 6-8).

(25) Secondary English (Grades 6-12). This assignment requires verifiable preparation in teaching of reading such as in-service, seminar, or college course in reading. Initial assignments beginning with the 1990-1991 school year require nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques.

(26) Secondary English Language Arts, Composite (Grades 6-12). This assignment includes at least six semester credit hours of reading. Initial assignments beginning with the 2003-2004 school year require nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques.

(27) Secondary Reading (Grades 6-12).

(28) Secondary or all-level teacher certificate plus 18 semester credit hours in English and nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques.

§231.51.Reading Improvement (One Year or More Below Grade Level), Grades 6-8.

An assignment in a departmentalized classroom for Reading Improvement (one year or more below grade level), Grades 6-8, for a holder of a valid elementary, secondary, or all-level certificate is allowed with one of the following certificates.

(1) Bilingual Generalist: Early Childhood-Grade 6 (Grade 6 only).

(2) Bilingual Generalist: Grades 4-8.

(3) Core Subjects: Early Childhood-Grade 6 (Grade 6 only).

(4) Core Subjects: Grades 4-8.

(5) Elementary English (Grades 1-8). This assignment requires verifiable preparation in teaching of reading such as in-service, seminar, or college course in reading. Initial assignments beginning with the 1990-1991 school year require nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques.

(6) Elementary Reading (Grades 1-8).

(7) Elementary teacher certificate plus 18 semester credit hours in English and nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques.

(8) English as a Second Language Generalist: Early Childhood-Grade 6 (Grade 6 only).

(9) English as a Second Language Generalist: Grades 4-8.

(10) English Language Arts and Reading: Grades 4-8.

(11) English Language Arts and Reading: Grades 7-12 (Grades 7 and 8 only).

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

(13) English Language Arts and Reading/Social Studies: Grades 4-8.

(14) Generalist: Early Childhood-Grade 6 (Grade 6 only).

(15) Generalist: Grades 4-8.

(16) Grades 6-12 or Grades 6-8--English. This assignment requires verifiable preparation in the teaching of reading such as in-service, seminar, or college course in reading. Initial assignments beginning with the 1990-1991 school year require nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques.

(17) Grades 6-12 or Grades 6-8--English Language Arts, Composite. This assignment includes at least six semester credit hours of reading. Initial assignments beginning with the 2003-2004 school year require nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques.

(18) Grades 6-12 or Grades 6-8--Reading.

(19) Junior High School or High School--English. This assignment requires verifiable preparation in the teaching of reading such as in-service, seminar, or college course in reading. Initial assignments beginning with the 1990-1991 school year require nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques.

(20) Junior High School or High School--English Language Arts, Composite. This assignment includes at least six semester credit hours of reading. Initial assignments beginning with the 2003-2004 school year require nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques.

(21) Junior High School or High School--Reading.

(22) Legacy Master Reading Teacher (Early Childhood-Grade 12).

(23) Reading Specialist.

(24) Reading Specialist (Early Childhood-Grade 12).

(25) Secondary English (Grades 6-12). This assignment requires verifiable preparation in the teaching of reading such as in-service, seminar, or college course in reading. Initial assignments beginning with the 1990-1991 school year require nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques.

(26) Secondary English Language Arts, Composite (Grades 6-12). This assignment includes at least six semester credit hours of reading. Initial assignments beginning with the 2003-2004 school year require nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques.

(27) Secondary Reading (Grades 6-12).

(28) Teacher certificate plus 9 semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques.

§231.55.Languages Other Than English, Grades 6-8.

(a) An assignment in a departmentalized classroom for Languages Other Than English, Classical Languages, or Discovering Languages and Cultures [Exploratory Languages, or Cultural and Linguistic Topics] , Grades 6-8, for a holder of a valid elementary, secondary, or all-level certificate is allowed with one of the following certificates.

(1) Elementary teacher certificate in the appropriate language of assignment.

(2) Elementary teacher certificate plus 18 semester credit hours in language of assignment.

(3) Languages Other Than English certificate in the appropriate language (Early Childhood-Grade 12).

(4) Secondary or all-level teacher certificate plus 18 semester credit hours in language of assignment.

(5) Secondary teacher certificate in the appropriate language of assignment.

(b) An assignment in a departmentalized classroom for American Sign Language, Grades 6-8, for a holder of a valid secondary or all-level certificate is allowed with one of the following certificates.

(1) American Sign Language.

(2) American Sign Language: Early Childhood-Grade 12.

(c) The Texas Assessment of Sign Communication-American Sign Language (TASC-ASL) is required for an American Sign Language assignment.

§231.61.Mathematics, Grades 6-8.

An assignment in a departmentalized classroom for Mathematics, Grades 6-8, for a holder of a valid elementary, secondary, or all-level certificate is allowed with one of the following certificates.

(1) Bilingual Generalist: Early Childhood-Grade 6 (Grade 6 only).

(2) Bilingual Generalist: Grades 4-8.

(3) Core Subjects: Early Childhood-Grade 6 (Grade 6 only).

(4) Core Subjects: Grades 4-8.

(5) Elementary Mathematics (Grades 1-8). A teacher holding an Elementary Mathematics (Grades 1-8) certificate may teach Algebra I at the middle school level for high school graduation credit.

(6) Elementary teacher certificate plus 18 semester credit hours in mathematics.

(7) English as a Second Language Generalist: Early Childhood-Grade 6 (Grade 6 only).

(8) English as a Second Language Generalist: Grades 4-8.

(9) Generalist: Early Childhood-Grade 6 (Grade 6 only).

(10) Generalist: Grades 4-8.

(11) Grades 6-12 or Grades 6-8--Mathematics.

(12) Junior High School or High School--Mathematics.

(13) Junior High School or High School--Mathematical Science, Composite.

(14) Legacy Master Mathematics Teacher (Grades 4-8).

(15) Legacy Master Mathematics Teacher (Grades 8-12) (Grade 8 only).

(16) Mathematics: Grades 4-8. A teacher holding a Mathematics: Grades 4-8 certificate may teach Algebra I at the middle school level for high school graduation credit.

(17) Mathematics: Grades 7-12 (Grades 7 and 8 only).

(18) Mathematics: Grades 8-12 (Grade 8 only).

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

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

(21) Mathematics/Science: Grades 4-8.

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

(23) Physics/Mathematics: Grades 8-12 (Grade 8 only).

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

(25) Secondary or all-level teacher certificate plus 18 semester credit hours in mathematics.

§231.63.Science, Grade 6.

An assignment in a departmentalized classroom for Science, Grade 6, for a holder of a valid elementary, secondary, or all-level certificate is allowed with one of the following certificates.

(1) Any elementary teacher certificate appropriate for Grade 6.

(2) Bilingual Generalist: Early Childhood-Grade 6.

(3) Bilingual Generalist: Grades 4-8.

(4) Core Subjects: Early Childhood-Grade 6.

(5) Core Subjects: Grades 4-8.

(6) English as a Second Language Generalist: Early Childhood-Grade 6.

(7) English as a Second Language Generalist: Grades 4-8.

(8) Generalist: Early Childhood-Grade 6.

(9) Generalist: Grades 4-8.

(10) Grades 6-12 or Grades 6-8--Biology.

(11) Grades 6-12 or Grades 6-8--Chemistry.

(12) Grades 6-12 or Grades 6-8--Earth Science.

(13) Grades 6-12 or Grades 6-8--Life/Earth Science.

(14) Grades 6-12 or Grades 6-8--Physical Science.

(15) Grades 6-12 or Grades 6-8--Physics.

(16) Grades 6-12 or Grades 6-8--Science.

(17) Grades 6-12 or Grades 6-8--Science, Composite.

(18) Junior High School or High School--Biology.

(19) Junior High School or High School--Chemistry.

(20) Junior High School or High School--Earth Science.

(21) Junior High School or High School--Life/Earth Science.

(22) Junior High School or High School--Life/Earth Middle-School Science.

(23) Junior High School or High School--Physical Science.

(24) Junior High School or High School--Physics.

(25) Junior High School or High School--Science.

(26) Junior High School or High School--Science, Composite.

(27) Legacy Master Science Teacher (Grades 4-8).

(28) Mathematics/Science: Grades 4-8.

(29) Science: Grades 4-8.

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

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

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

(33) Secondary Life/Earth Science (Grades 6-12).

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

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

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

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

(38) Secondary or all-level teacher certificate plus 18 semester credit hours in any combination of sciences.

§231.65.Science, Grades 7 and 8.

An assignment in a departmentalized classroom for Science, Grades 7 and 8, is allowed with one of the following certificates.

(1) Bilingual Generalist: Grades 4-8.

(2) Chemistry: Grades 7-12.

(3) Chemistry: Grades 8-12 (Grade 8 only).

(4) Core Subjects: Grades 4-8.

(5) Elementary Biology.

(6) Elementary Chemistry.

(7) Elementary Earth Science.

(8) Elementary Life/Earth Middle-School Science.

(9) Elementary Physical Science.

(10) Elementary Physics.

(11) Elementary Biology (Grades 1-8).

(12) Elementary Chemistry (Grades 1-8).

(13) Elementary Earth Science (Grades 1-8).

(14) Elementary Life/Earth Middle-School Science (Grades1-8).

(15) Elementary Physical Science (Grades 1-8).

(16) Elementary Physics (Grades 1-8).

(17) Elementary teacher certificate plus 18 semester credit hours in any combination of sciences.

(18) English as a Second Language Generalist: Grades 4-8.

(19) Generalist: Grades 4-8.

(20) Grades 6-12 or Grades 6-8--Biology.

(21) Grades 6-12 or Grades 6-8--Chemistry.

(22) Grades 6-12 or Grades 6-8--Earth Science.

(23) Grades 6-12 or Grades 6-8--Life/Earth Middle-School Science.

(24) Grades 6-12 or Grades 6-8--Physical Science.

(25) Grades 6-12 or Grades 6-8--Physics.

(26) Grades 6-12 or Grades 6-8--Science.

(27) Grades 6-12 or Grades 6-8--Science, Composite.

(28) Junior High School or High School--Biology.

(29) Junior High School or High School--Chemistry.

(30) Junior High School or High School--Earth Science.

(31) Junior High School or High School--Life/Earth Middle-School Science.

(32) Junior High School or High School--Physical Science.

(33) Junior High School or High School--Physics.

(34) Junior High School or High School--Science.

(35) Junior High School or High School--Science, Composite.

(36) Life Science: Grades 7-12.

(37) Life Science: Grades 8-12 (Grade 8 only).

(38) Legacy Master Science Teacher (Grades 4-8).

(39) Legacy Master Science Teacher (Grades 8-12) (Grade 8 only).

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

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

(42) Mathematics/Science: Grades 4-8.

(43) Physical Science: Grades 6-12.

(44) Physical Science: Grades 8-12 (Grade 8 only).

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

(46) Physics/Mathematics: Grades 8-12 (Grade 8 only).

(47) Science: Grades 4-8.

(48) Science: Grades 7-12.

(49) Science: Grades 8-12 (Grade 8 only).

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

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

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

(53) Secondary Life/Earth Science (Grades 6-12).

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

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

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

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

(58) Secondary or all-level teacher certificate plus 18 semester credit hours in any combination of sciences.

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 10, 2020.

TRD-202003232

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: September 20, 2020

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


SUBCHAPTER D. ELECTIVES, DISCIPLINARY COURSES, LOCAL CREDIT COURSES, AND INNOVATIVE COURSES, GRADES 6-12 ASSIGNMENTS

19 TAC §231.91, §231.93

STATUTORY AUTHORITY. The amendments implement Texas Education Code (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: 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: and TEC, §21.064, as amended by House Bill 3, 86th Texas Legislature, 2019, which required the SBEC to stop the issuance and renewal of master teacher certificates effective September 1, 2019, to add a designation of "legacy" to each master teacher certificate issued, and to recognize these certificates until they expire.

CROSS REFERENCE TO STATUTE. The amendments are proposed under TEC, §§21.031(a), 21.041(b)(1) and (2), and 21.064, as amended by HB 3, 86th Texas Legislature, 2019.

§231.91.Reserve Officer Training Corps.

(a) An assignment for Reserve Officer Training Corps (ROTC), Grades 6-12, is allowed with one of the following credentials.

(1) Junior Reserve Officer Training Corps: Grades 6-12 certificate.

(2) Emergency permit for Reserve Officer Training Corps (ROTC), Grades 6-12.

(b) An emergency permit for ROTC may not be renewed, but must be reissued every year as specified in §230.77(g)(4) of this title (relating to Specific Requirements for Initial Emergency Permits).

(c) School districts must apply and pay for reissuance of a new ROTC instructor emergency permit each year the instructor serves.

[(d) ROTC may be used for Physical Education substitution credit.]

§231.93.Athletics, [;] Cheerleading, [;] Drill Team, [;] Marching Band.

[(a)] An assignment for Athletics, Cheerleading, Drill Team, and Marching Band is allowed with a valid certificate that matches the grade level of the assignment.

[(b) Athletics, Cheerleading, Drill Team, and Marching Band may be used for Physical Education substitution credit.]

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 10, 2020.

TRD-202003233

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: September 20, 2020

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


SUBCHAPTER E. GRADES 9 - 12 ASSIGNMENTS

DIVISION 1. ENGLISH LANGUAGE ARTS AND READING, GRADES 9-12 ASSIGNMENTS

19 TAC §§231.123, 231.125, 231.127, 231.129

STATUTORY AUTHORITY. The amendments implement Texas Education Code (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: 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: and TEC, §21.064, as amended by House Bill 3, 86th Texas Legislature, 2019, which required the SBEC to stop the issuance and renewal of master teacher certificates effective September 1, 2019, to add a designation of "legacy" to each master teacher certificate issued, and to recognize these certificates until they expire.

CROSS REFERENCE TO STATUTE. The amendments are proposed under TEC, §§21.031(a), 21.041(b)(1) and (2), and 21.064, as amended by HB 3, 86th Texas Legislature,2019.

§231.123.English I and II for Speakers of Other Languages, Grades 9-12.

(a) An assignment for English I and II for Speakers of Other Languages, Grades 9-12, and English Language Development and Acquisition (ELDA), Grades 9-12, is allowed with one of the following certificates plus a valid English as a Second Language or bilingual education certificate, supplemental certificate, or endorsement listed in subsection (b) of this section.

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

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

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

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

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

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

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

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

(b) An assignment for English I and II for Speakers of Other Languages, Grades 9-12, and English Language Development and Acquisition (ELDA), Grades 9-12, is allowed with one of the following English as a Second Language or bilingual education certificate, supplemental certificate, or endorsement plus a valid certificate listed in subsection (a) of this section.

(1) Bilingual Education Supplemental.

(2) Bilingual Education Supplemental (Early Childhood-Grade 4).

(3) Bilingual Education Supplemental (Grades 4-8).

(4) Bilingual Endorsement.

(5) Bilingual/English as a Second Language Endorsement.

(6) English as a Second Language Endorsement.

(7) English as a Second Language Supplemental.

(8) Junior High School (Grades 9-10 only) or High School--Bilingual/English as a Second Language.

(9) Prekindergarten-Grade 12--Bilingual/English as a Second Language.

(10) Prekindergarten-Grade 12--English as a Second Language.

(11) Secondary Bilingual/English as a Second Language (Grades 6-12).

(c) At the discretion of the employing school district, persons assigned to teach English for Speakers of Other Languages (ESOL) I or ESOL II prior to June 21, 2009, may continue in the assignment without holding an English, English Language Arts Composite, or English Language Arts and Reading certificate. If a person is reassigned and later returns to teach in an ESOL I or ESOL II assignment, current rules will apply.

§231.125.English as a Second Language, Grades 9-12.

An assignment for English as a Second Language, Grades 9-12, [and English Language Development and Acquisition (ELDA), Grades 9-12,] is allowed with a valid classroom teaching certificate appropriate for the grade level and subject areas taught plus one of the following certificates.

(1) Bilingual Education Supplemental.

(2) Bilingual Education Supplemental (Early Childhood-Grade 4).

(3) Bilingual Education Supplemental (Grades 4-8).

(4) Bilingual Endorsement.

(5) Bilingual/English as a Second Language Endorsement.

(6) English as a Second Language Endorsement.

(7) English as a Second Language Supplemental.

(8) Junior High School (Grades 9-10 only) or High School--Bilingual/English as a Second Language.

(9) Prekindergarten-Grade 12--Bilingual/English as a Second Language.

(10) Prekindergarten-Grade 12--English as a Second Language.

(11) Secondary Bilingual/English as a Second Language (Grades 6-12).

§231.127.Reading I, II, and III, Grades 9-12.

An assignment for Reading I, II, and III, Grades 9-12, is allowed with one of the following certificates.

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

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

(3) Grades 6-12 or Grades 9-12--English. This assignment requires verifiable preparation in the teaching of reading such as in-service, seminar, or college course in reading. Initial assignments beginning with the 1990-1991 school year require nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques.

(4) Grades 6-12 or Grades 9-12--English Language Arts, Composite. This assignment includes at least six semester credit hours in reading. Initial assignments beginning with the 2003-2004 school year require nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques.

(5) Grades 6-12 or Grades 9-12--Reading.

(6) Junior High School (Grades 9-10 only) or High School--English. This assignment requires verifiable preparation in the teaching of reading such as in-service, seminar, or college course in reading. Initial assignments beginning with the 1990-1991 school year require nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques.

(7) Junior High School (Grades 9-10 only) or High School--English Language Arts, Composite. This assignment includes at least six semester credit hours in reading. Initial assignments beginning with the 2003-2004 school year require nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques.

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

(9) Legacy Master Reading Teacher (Early Childhood-Grade 12).

(10) Reading Specialist.

(11) Reading Specialist (Early Childhood-Grade 12).

(12) Secondary English (Grades 6-12). This assignment requires verifiable preparation in the teaching of reading such as in-service, seminar, or college course in reading. Initial assignments beginning with the 1990-1991 school year require nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques.

(13) Secondary English Language Arts, Composite (Grades 6-12). This assignment includes at least six semester credit hours in reading. Initial assignments beginning with the 2003-2004 school year require nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques.

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

(15) Secondary or all-level teacher certificate plus nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques. Initial assignments beginning with the 1990-1991 school year require a teaching field in English plus nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques.

§231.129.College Readiness and Study Skills, Grades 9-12.

An assignment for College Readiness and Study Skills, Grades 9-12, is allowed with one of the following certificates.

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

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

(3) Grades 6-12 or Grades 9-12--English. This assignment requires verifiable preparation in the teaching of reading such as in-service, seminar, or college course in reading. Initial assignments beginning with the 1990-1991 school year require nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques.

(4) Grades 6-12 or Grades 9-12--English Language Arts, Composite. This assignment includes at least six semester credit hours in reading. Initial assignments beginning with the 2003-2004 school year require nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques.

(5) Grades 6-12 or Grades 9-12--Reading.

(6) Junior High School (Grades 9-10 only) or High School--English. This assignment requires verifiable preparation in the teaching of reading such as in-service, seminar, or college course in reading. Initial assignments beginning with the 1990-1991 school year require nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques.

(7) Junior High School (Grades 9-10 only) or High School--English Language Arts, Composite. This assignment includes at least six semester credit hours in reading. Initial assignments beginning with the 2003-2004 school year require nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques.

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

(9) Legacy Master Reading Teacher (Early Childhood-Grade 12).

(10) Reading Specialist.

(11) Reading Specialist (Early Childhood-Grade 12).

(12) Secondary English (Grades 6-12). This assignment requires verifiable preparation in the teaching of reading such as in-service, seminar, or college course in reading. Initial assignments beginning with the 1990-1991 school year require nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques.

(13) Secondary English Language Arts, Composite (Grades 6-12). This assignment includes at least six semester credit hours in reading. Initial assignments beginning with the 2003-2004 school year require nine semester credit hours of upper-division coursework in reading with at least one course in diagnostic reading techniques.

(14) Secondary Reading (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 10, 2020.

TRD-202003234

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: September 20, 2020

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


DIVISION 2. LANGUAGES OTHER THAN ENGLISH, GRADES 9-12 ASSIGNMENTS

19 TAC §231.151, §231.153

STATUTORY AUTHORITY. The amendments implement Texas Education Code (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: 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: and TEC, §21.064, as amended by House Bill 3, 86th Texas Legislature, 2019, which required the SBEC to stop the issuance and renewal of master teacher certificates effective September 1, 2019, to add a designation of "legacy" to each master teacher certificate issued, and to recognize these certificates until they expire.

CROSS REFERENCE TO STATUTE. The amendments are proposed under TEC, §§21.031(a), 21.041(b)(1) and (2), and 21.064, as amended by HB 3, 86th Texas Legislature, 2019

§231.151.Languages Other Than English, Grades 9-12.

An assignment for Languages Other Than English, Levels I-VII; Classical Languages, Levels I-VII; Discovering Languages and Cultures; Seminars in Languages Other Than English; Seminar in Classical Languages; Advanced Language for Career Exploration; [Exploratory Languages, Cultural and Linguistic Topics,] or Special Topics in Language and Culture, Grades 9-12, is allowed with one of the following certificates.

(1) Languages Other Than English certificate in the appropriate language (Early Childhood-Grade 12).

(2) Secondary teacher certificate in the appropriate language of assignment.

§231.153.American Sign Language, Grades 9-12.

(a) An assignment for American Sign Language, Levels I-IV, Grades 9-12, is allowed with one of the following certificates.

(1) American Sign Language.

(2) American Sign Language: Early Childhood-Grade 12.

(b) The Texas Assessment of Sign Communication-American Sign Language (TASC-ASL) is required for an American Sign Language assignment.

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 10, 2020.

TRD-202003236

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: September 20, 2020

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


DIVISION 3. SOCIAL STUDIES, GRADES 9-12 ASSIGNMENTS

19 TAC §231.177

STATUTORY AUTHORITY. The amendment implements Texas Education Code (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: 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: and TEC, §21.064, as amended by House Bill 3, 86th Texas Legislature, 2019, which required the SBEC to stop the issuance and renewal of master teacher certificates effective September 1, 2019, to add a designation of "legacy" to each master teacher certificate issued, and to recognize these certificates until they expire.

CROSS REFERENCE TO STATUTE. The amendment is proposed under TEC, §§21.031(a), 21.041(b)(1) and (2), and 21.064, as amended by HB 3, 86th Texas Legislature, 2019.

§231.177.Ethnic Studies [: Mexican American Studies], Grades 9-12.

An assignment for Ethnic Studies: Mexican American Studies or Ethnic Studies: African American Studies, Grades 9-12, is allowed with one of the following certificates.

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

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

(3) Grades 6-12 or Grades 9-12--Social Studies, Composite.

(4) History: Grades 7-12.

(5) History: Grades 8-12.

(6) Junior High School (Grades 9-10 only) or High School--History.

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

(8) Secondary History (Grades 6-12).

(9) Secondary Social Studies (Grades 6-12).

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

(11) Social Studies: Grades 7-12.

(12) Social Studies: Grades 8-12.

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 10, 2020.

TRD-202003237

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: September 20, 2020

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


DIVISION 4. MATHEMATICS, GRADES 9-12 ASSIGNMENTS

19 TAC §§231.191, 231.193, 231.195

STATUTORY AUTHORITY. The amendments implement Texas Education Code (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: 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: and TEC, §21.064, as amended by House Bill 3, 86th Texas Legislature, 2019, which required the SBEC to stop the issuance and renewal of master teacher certificates effective September 1, 2019, to add a designation of "legacy" to each master teacher certificate issued, and to recognize these certificates until they expire.

CROSS REFERENCE TO STATUTE. The amendments are proposed under TEC, §§21.031(a), 21.041(b)(1) and (2), and 21.064, as amended by HB 3, 86th Texas Legislature, 2019.

§231.191.Mathematics, Grades 9-12.

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

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

(2) Junior High School (Grades 9-10 only) or High School--Mathematics.

(3) Junior High School (Grades 9-10 only) or High School--Mathematical Science, Composite.

(4) Legacy 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).

§231.193.Algebraic Reasoning, Grades 9-12.

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

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

(2) Junior High School (Grades 9-10 only) or High School--Mathematics.

(3) Junior High School (Grades 9-10 only) or High School--Mathematical Science, Composite.

(4) Legacy 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).

§231.195.Statistics, Grades 9-12.

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

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

(2) Junior High School (Grades 9-10 only) or High School--Mathematics.

(3) Junior High School (Grades 9-10 only) or High School--Mathematical Science, Composite.

(4) Legacy 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).

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 10, 2020.

TRD-202003238

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: September 20, 2020

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


DIVISION 5. SCIENCE, GRADES 9-12 ASSIGNMENTS

19 TAC §§231.201, 231.203, 231.205, 231.207, 231.209, 231.211, 231.213, 231.215, 231.217, 231.219

STATUTORY AUTHORITY. The amendments implement Texas Education Code (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: 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: and TEC, §21.064, as amended by House Bill 3, 86th Texas Legislature, 2019, which required the SBEC to stop the issuance and renewal of master teacher certificates effective September 1, 2019, to add a designation of "legacy" to each master teacher certificate issued, and to recognize these certificates until they expire.

CROSS REFERENCE TO STATUTE. The amendments are proposed under TEC, §§21.031(a), 21.041(b)(1) and (2), and 21.064, as amended by HB 3, 86th Texas Legislature, 2019.

§231.201.Biology, Grades 9-12.

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

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

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

(3) Grades 6-12 or Grades 9-12--Science, Composite.

(4) Junior High School (Grades 9-10 only) or High School--Biology.

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

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

(7) Life Science: Grades 7-12.

(8) Life Science: Grades 8-12.

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

(10) Science: Grades 7-12.

(11) Science: Grades 8-12.

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

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

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

§231.203.Chemistry, Grades 9-12.

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

(1) Chemistry: Grades 7-12.

(2) Chemistry: Grades 8-12.

(3) Grades 6-12 or Grades 9-12--Chemistry.

(4) Grades 6-12 or Grades 9-12--Science.

(5) Grades 6-12 or Grades 9-12--Science, Composite.

(6) Junior High School (Grades 9-10 only) or High School--Chemistry.

(7) Junior High School (Grades 9-10 only) or High School--Science.

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

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

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

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

(12) Physical Science: Grades 6-12.

(13) Physical Science: Grades 8-12.

(14) Science: Grades 7-12.

(15) Science: Grades 8-12.

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

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

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

§231.205.Physics, Grades 9-12.

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

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

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

(3) Grades 6-12 or Grades 9-12--Science, Composite.

(4) Junior High School (Grades 9-10 only) or High School--Physics.

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

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

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

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

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

(10) Physical Science: Grades 6-12.

(11) Physical Science: Grades 8-12.

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

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

(14) Science: Grades 7-12.

(15) Science: Grades 8-12.

Secondary Physics (Grades 6-12).

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

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

§231.207.Integrated Physics and Chemistry, Grades 9-12.

An assignment for Integrated Physics and Chemistry, Grades 9-12, is allowed with one of the following certificates.

(1) Grades 6-12 or Grades 9-12--Physical Science.

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

(3) Grades 6-12 or Grades 9-12--Science, Composite.

(4) Junior High School (Grades 9-10 only) or High School--Chemistry, if issued prior to September 1, 1976.

(5) Junior High School (Grades 9-10 only) or High School--Physical Science.

(6) Junior High School (Grades 9-10 only) or High School--Physics, if issued prior to September 1, 1976.

(7) Junior High School (Grades 9-10 only) or High School--Science.

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

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

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

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

(12) Physical Science: Grades 6-12.

(13) Physical Science: Grades 8-12.

(14) Science: Grades 7-12.

(15) Science: Grades 8-12.

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

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

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

(19) Secondary or All-Level classroom teaching certificate dated between September 1, 1966, and September 1, 1976, plus 24 semester credit hours in a combination of sciences completed prior to September 1, 1976.

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

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

(1) Grades 6-12 or Grades 9-12--Industrial Arts.

(2) Grades 6-12 or Grades 9-12--Industrial Technology.

(3) Grades 6-12 or Grades 9-12--Physics.

(4) Grades 6-12 or Grades 9-12--Science.

(5) Grades 6-12 or Grades 9-12--Science, Composite.

(6) Junior High School (Grades 9-10 only) or High School--Industrial Arts.

(7) Junior High School (Grades 9-10 only) or High School--Physics.

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

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

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

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

(12) Physical Science: Grades 6-12.

(13) Physical Science: Grades 8-12.

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

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

(16) Science: Grades 7-12.

(17) Science: Grades 8-12.

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

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

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

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

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

(23) 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.

§231.211.Astronomy, Grades 9-12.

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

(1) Grades 6-12 or Grades 9-12--Earth Science.

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

(3) Grades 6-12 or Grades 9-12--Science, Composite.

(4) Junior High School (Grades 9-10 only) or High School--Earth Science.

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

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

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

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

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

(10) Physical Science: Grades 6-12.

(11) Physical Science: Grades 8-12.

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

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

(14) Science: Grades 7-12.

(15) Science: Grades 8-12.

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

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

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

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

§231.213.Earth and Space Science, Grades 9-12.

An assignment for Earth and Space Science, Grades 9-12, is allowed with one of the following certificates.

(1) Grades 6-12 or Grades 9-12--Earth Science.

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

(3) Grades 6-12 or Grades 9-12--Science, Composite.

(4) Junior High School (Grades 9-10 only) or High School--Earth Science.

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

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

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

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

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

(10) Physical Science: Grades 6-12.

(11) Physical Science: Grades 8-12.

(12) Science: Grades 7-12.

(13) Science: Grades 8-12.

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

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

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

§231.215.Environmental Systems, Environmental Science, and Aquatic Science, Grades 9-12.

(a) An assignment for Environmental Systems, Advanced Placement (AP) Environmental Science, International Baccalaureate (IB) Environmental Systems, or Aquatic Science, Grades 9-12, is allowed with one of the following certificates.

(1) Chemistry: Grades 7-12.

(2) Chemistry: Grades 8-12.

(3) Grades 6-12 or Grades 9-12--Biology.

(4) Grades 6-12 or Grades 9-12--Earth Science.

(5) Grades 6-12 or Grades 9-12--Science.

(6) Grades 6-12 or Grades 9-12--Science, Composite.

(7) Junior High School (Grades 9-10 only) or High School--Biology.

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

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

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

(11) Life Science: Grades 7-12 or Grades 8-12.

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

(13) Science: Grades 7-12.

(14) Science: Grades 8-12.

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

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

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

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

(b) An assignment for Environmental Systems, AP Environmental Science, or IB Environmental Systems, Grades 9-12, is allowed with a valid secondary or all-level teacher certificate plus 24 semester credit hours in science, including at least 12 semester credit hours in environmental science and/or ecology if assigned prior to the 1989-1990 school year or any science teaching certificate with 12 semester credit hours in environmental science and/or ecology.

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

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

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

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

(3) Grades 6-12 or Grades 9-12--Science, Composite.

(4) Health Science: Grades 6-12.

(5) Health Science Technology.

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

(7) Junior High School (Grades 9-10 only) or High School--Biology.

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

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

(10) Life Science: Grades 7-12.

(11) Life Science: Grades 8-12.

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

(13) Science: Grades 7-12.

(14) Science: Grades 8-12.

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

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

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

(18) Vocational Handicapped Health.

(19) Vocational Health Occupations.

(20) Vocational Health Occupations/Cooperative Training.

(21) Vocational Health Occupations/Pre-employment Lab.

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

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 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 bachelor's degree and 18 semester credit hours in any combination of sciences.

(2) Any science certificate valid for Grades 6-12, Grades 7-12, or Grades 8-12.

(3) Any secondary science teaching field.

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

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 10, 2020.

TRD-202003239

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: September 20, 2020

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


DIVISION 8. TECHNOLOGY APPLICATIONS, GRADES 9-12 ASSIGNMENTS

19 TAC §§231.251, 231.253, 231.255, 231.257, 231.259

STATUTORY AUTHORITY. The repeals implement Texas Education Code (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: 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: and TEC, §21.064, as amended by House Bill (HB) 3, 86th Texas Legislature, 2019, which required the SBEC to stop the issuance and renewal of master teacher certificates effective September 1, 2019, to add a designation of "legacy" to each master teacher certificate issued, and to recognize these certificates until they expire.

CROSS REFERENCE TO STATUTE. The repeals are proposed under TEC, §§21.031(a), 21.041(b)(1) and (2), and 21.064, as amended by HB 3, 86th Texas Legislature, 2019.

§231.251.Computer Science, Grades 9-12.

§231.253.Technology Applications, Grades 9-12.

§231.255.Discrete Mathematics for Computer Science, Grades 9-12.

§231.257.Fundamentals of Computer Science; Advanced Placement Computer Science Principles; Game Programming and Design or Mobile Application Development, Grades 9-12.

§231.259.Cybersecurity, 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 10, 2020.

TRD-202003258

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: September 20, 2020

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


DIVISION 9. CAREER DEVELOPMENT, GRADES 9-12 ASSIGNMENTS

19 TAC §231.271

STATUTORY AUTHORITY. The amendment implements Texas Education Code (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: 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: and TEC, §21.064, as amended by House Bill 3, 86th Texas Legislature, 2019, which required the SBEC to stop the issuance and renewal of master teacher certificates effective September 1, 2019, to add a designation of "legacy" to each master teacher certificate issued, and to recognize these certificates until they expire.

CROSS REFERENCE TO STATUTE. The amendment is proposed under TEC, §§21.031(a), 21.041(b)(1) and (2), and 21.064, as amended by HB 3, 86th Texas Legislature, 2019.

§231.271.Career Development, Grades 9-12.

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

(1) 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)).

(2) Any special education certificate so long as, beginning with the 2020-2021 school year, the special education-certified teacher assigned to teach this course shall complete Texas Education Agency-approved training found at tea.texas.gov/cte prior to teaching this course.

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

(1) Any vocational or CTE classroom teaching certificate specified in §233.13 of this title or §233.14 of this title.

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

(3) Technology Applications: Grades 8-12.

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

(4) Mathematics: Grades 7-12.

(5) Mathematics: Grades 8-12.

(6) Mathematics/Physical Science/Engineering: Grades6-12.

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

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

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

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

(11) Computer Science: Grades 8-12.

(12) Grades 6-12 or Grades 9-12--Computer Information Systems.

(13) Junior High School (Grades 9-10 only) or High School--Computer Information Systems.

(14) Secondary Computer Information Systems (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 2019-2020 school year. Specific details about the required training can be found at tea.texas.gov/cte.

(e) The school district is responsible for ensuring that each teacher assigned to Career Preparation I, Career Preparation II, or Extended Career Preparation, 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 10, 2020.

TRD-202003240

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: September 20, 2020

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


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

19 TAC §§231.283, 231.287, 231.289

STATUTORY AUTHORITY. The amendments implement Texas Education Code (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: 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: and TEC, §21.064, as amended by House Bill 3, 86th Texas Legislature, 2019, which required the SBEC to stop the issuance and renewal of master teacher certificates effective September 1, 2019, to add a designation of "legacy" to each master teacher certificate issued, and to recognize these certificates until they expire.

CROSS REFERENCE TO STATUTE. The amendments are proposed under TEC, §§21.031(a), 21.041(b)(1) and (2), and 21.064, as amended by HB 3, 86th Texas Legislature, 2019.

§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) Legacy 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 2019-2020 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) Legacy 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 2019-2020 school year. Specific details about the required training can be found at tea.texas.gov/cte.

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

An assignment for Agricultural Equipment Design and Fabrication, Agricultural Structures Design and Fabrication, Agricultural Mechanics and Metal Technologies, or Agricultural Power Systems, [, Oil and Gas Production I, or Oil and Gas Production 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) 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 10, 2020.

TRD-202003241

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: September 20, 2020

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


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

19 TAC §231.305

STATUTORY AUTHORITY. The amendment implements Texas Education Code (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: 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: and TEC, §21.064, as amended by House Bill 3, 86th Texas Legislature, 2019, which required the SBEC to stop the issuance and renewal of master teacher certificates effective September 1, 2019, to add a designation of "legacy" to each master teacher certificate issued, and to recognize these certificates until they expire.

CROSS REFERENCE TO STATUTE. The amendment is proposed under TEC, §§21.031(a), 21.041(b)(1) and (2), and 21.064, as amended by HB 3, 86th Texas Legislature, 2019.

§231.305.Architectural Design, Grades 9-12.

(a) An assignment for Architectural Design I or 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.

(9) Any home economics or homemaking certificate.

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

(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.

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 10, 2020.

TRD-202003242

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: September 20, 2020

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

STATUTORY AUTHORITY. The amendments implement Texas Education Code (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: 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: and TEC, §21.064, as amended by House Bill 3, 86th Texas Legislature, 2019, which required the SBEC to stop the issuance and renewal of master teacher certificates effective September 1, 2019, to add a designation of "legacy" to each master teacher certificate issued, and to recognize these certificates until they expire.

CROSS REFERENCE TO STATUTE. The amendments are proposed under TEC, §§21.031(a), 21.041(b)(1) and (2), and 21.064, as amended by HB 3, 86th Texas Legislature, 2019.

§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.

(2) All-Level Speech Communications/Theatre Arts (Prekindergarten-Grade 12).

(3) Grades 6-12 or Grades 9-12--Speech Communications.

(4) Junior High School (Grades 9-10 only) or High School--Speech.

(5) Junior High School (Grades 9-10 only) or High School--Speech and Drama.

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

(7) 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 school district is responsible for ensuring that each teacher assigned to Professional Communications, Grades 9-12, has completed appropriate education and/or training in effective communication strategies and demonstrates proficiency in oral and written communication.

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

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

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

(11) Speech: Grades 7-12.

(12) Speech: Grades 8-12.

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

(14) Technology Applications: Grades 8-12.

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

An assignment for Principles of Arts, 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.

(12) Any home economics or homemaking certificate.

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

§231.335.Animation, Grades 9-12.

(a) An assignment for Animation I, Animation I Lab, Animation II, or Animation II Lab, Digital Art and Animation, 3-D Modeling and 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.

(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 Production; Graphic Design and Illustration, Grades 9-12.

(a) An assignment for 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; Graphic Design and Illustration I; Graphic Design and Illustration I Lab; Graphic Design and Illustration II; Graphic Design and Illustration II Lab; [or] Video Game Design[,] ; Web Game Development; Digital Design and Media Production; or Digital Communications in the 21st Century, 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 Production, 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) 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 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 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) Secondary Industrial Arts (Grades 6-12).

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

(6) Technology Education: Grades 6-12.

(7) Technology Applications: EarlyChildhood-Grade 12.

(8) Technology Applications: Grades 8-12.

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

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

(11) [(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 Commercial 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.

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

(8) Technology Applications: Grades 8-12.

(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 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.

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

(5) Technology Applications: Grades 8-12.

(6) Technology Education: Grades 6-12.

(7) Secondary Industrial Arts: Grades 8-12.

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

(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.

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

(5) Technology Applications: Grades 8-12.

(6) Technology Education: Grades 6-12.

(7) Secondary Industrial Arts: Grades 8-12.

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

(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.

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 10, 2020.

TRD-202003244

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: September 20, 2020

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


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

19 TAC §231.361, §231.365

STATUTORY AUTHORITY. The amendments implement Texas Education Code (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: 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: and TEC, §21.064, as amended by House Bill 3, 86th Texas Legislature, 2019, which required the SBEC to stop the issuance and renewal of master teacher certificates effective September 1, 2019, to add a designation of "legacy" to each master teacher certificate issued, and to recognize these certificates until they expire.

CROSS REFERENCE TO STATUTE. The amendments are proposed under TEC, §§21.031(a), 21.041(b)(1) and (2), and 21.064, as amended by HB 3, 86th Texas Legislature, 2019.

§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.

(4) Marketing: Grades 6-12.

(5) Marketing Education: Grades 8-12.

(6) Health Science Technology Education: Grades 8-12. This assignment requires appropriate work approval.

(7) Health Science Education: Grades 6-12. This assignment requires appropriate work approval.

(b) An assignment for Business Information Management 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.

(4) Marketing: Grades 6-12.

(5) Marketing Education: Grades 8-12.

(c) [(b)] Subject to the requirements in subsection (d) [(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.

(4) Marketing: Grades 6-12.

(5) Marketing Education: Grades 8-12.

(d) [(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.

§231.365.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).

(12) Marketing: Grades 6-12.

(13) Marketing Education: Grades 8-12.

(b) All teachers assigned to this course shall participate in Texas Education Agency-approved training prior to teaching this course effective with the 2019-2020 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 10, 2020.

TRD-202003245

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: September 20, 2020

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


DIVISION 15. FINANCE, GRADES 9-12 ASSIGNMENTS

19 TAC §§231.392 - 231.395, 231.397

STATUTORY AUTHORITY. The amendments implement Texas Education Code (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: 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: and TEC, §21.064, as amended by House Bill 3, 86th Texas Legislature, 2019, which required the SBEC to stop the issuance and renewal of master teacher certificates effective September 1, 2019, to add a designation of "legacy" to each master teacher certificate issued, and to recognize these certificates until they expire.

CROSS REFERENCE TO STATUTE. The amendments are proposed under TEC, §§21.031(a), 21.041(b)(1) and (2), and 21.064, as amended by HB 3, 86th Texas Legislature, 2019.

§231.392.Money Matters, Grades 9-12.

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

(1) Any business or office education certificate.

(2) Any homemaking or home economics certificate.

(3) Any marketing or distributive education certificate.

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

(5) Business Education: Grades 6-12.

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

(7) Marketing: Grades 6-12.

(8) Marketing Education: Grades 8-12.

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

(10) Legacy Master Mathematics Teacher.

(11) Mathematics: Grades 7-12.

(12) Mathematics: Grades 8-12.

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

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

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

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

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

An assignment for Accounting I; 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.

(4) Marketing: Grades 6-12.

(5) Marketing Education: Grades 8-12.

§231.394.Statistics and Business Decision Making, Grades 9-12.

(a) Subject to the requirements in subsection (b) of this section, an assignment for Statistics and Business Decision Making, 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) Legacy 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).

(12) Marketing: Grades 6-12.

(13) Marketing Education: Grades 8-12.

(b) All teachers assigned to this course shall participate in Texas Education Agency-approved training prior to teaching this course effective with the 2019-2020 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) Legacy 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).

(12) Marketing: Grades 6-12.

(13) Marketing Education: Grades 8-12.

(b) All teachers assigned to this course shall participate in Texas Education Agency-approved training prior to teaching this course effective with the 2019-2020 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.

(4) Legacy 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).

(12) Marketing: Grades 6-12.

(13) Marketing Education: Grades 8-12.

(b) All teachers assigned to this course shall participate in Texas Education Agency-approved training prior to teaching this course effective with the 2019-2020 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 10, 2020.

TRD-202003246

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: September 20, 2020

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 implement Texas Education Code (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: 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: and TEC, §21.064, as amended by House Bill 3, 86th Texas Legislature, 2019, which required the SBEC to stop the issuance and renewal of master teacher certificates effective September 1, 2019, to add a designation of "legacy" to each master teacher certificate issued, and to recognize these certificates until they expire.

CROSS REFERENCE TO STATUTE. The amendments are proposed under TEC, §§21.031(a), 21.041(b)(1) and (2), and 21.064, as amended by HB 3, 86th Texas Legislature, 2019.

§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) An assignment for Medical Terminology, 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 (Grades6-12).

(4) Health Science: Grades 6-12.

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

(6) Life Science: Grades 7-12.

(7) Life Science: Grades 8-12.

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

(9) Science: Grades 7-12.

(10) Science: Grades 8-12.

(11) Vocational Health Occupations.

(12) Vocational Health Science Technology.

(c) [(b)] Subject to the requirements in subsection (d) [(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.

(d) [(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) Legacy 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 2019-2020 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) Legacy 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 2019-2020 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.

(8) Marketing: Grades 6-12.

(9) Marketing Education: Grades 8-12.

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 10, 2020.

TRD-202003247

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: September 20, 2020

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


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

19 TAC §231.445

STATUTORY AUTHORITY. The amendment implements Texas Education Code (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: 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: and TEC, §21.064, as amended by House Bill 3, 86th Texas Legislature, 2019, which required the SBEC to stop the issuance and renewal of master teacher certificates effective September 1, 2019, to add a designation of "legacy" to each master teacher certificate issued, and to recognize these certificates until they expire.

CROSS REFERENCE TO STATUTE. The amendment is proposed under TEC, §§21.031(a), 21.041(b)(1) and (2), and 21.064, as amended by HB 3, 86th Texas Legislature, 2019.

§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) Legacy 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 2019-2020 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 10, 2020.

TRD-202003248

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: September 20, 2020

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


DIVISION 20. INFORMATION TECHNOLOGY, GRADES 9-12 ASSIGNMENTS

19 TAC §§231.483, 231.485, 231.487, 231.491

STATUTORY AUTHORITY. The amendments and new sections implement Texas Education Code (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: 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: and TEC, §21.064, as amended by House Bill 3, 86th Texas Legislature, 2019, which required the SBEC to stop the issuance and renewal of master teacher certificates effective September 1, 2019, to add a designation of "legacy" to each master teacher certificate issued, and to recognize these certificates until they expire.

CROSS REFERENCE TO STATUTE. The amendments and new sections are proposed under TEC, §§21.031(a), 21.041(b)(1) and (2), and 21.064, as amended by HB 3, 86th Texas Legislature, 2019.

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

An assignment for Digital 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.Web Communications, Web Design, Grades 9-12.

An assignment for Web Communications or Web 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.

(9) Any business or office education certificate.

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

(11) Business Education: Grades 6-12.

§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.

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

(8) Technology Applications: Grades 8-12.

§231.491.Independent Study in Evolving/Emerging Technologies, Independent Study in Technology Applications, Grades 9-12.

An assignment for Independent Study in Evolving/Emerging Technologies, Independent Study in Technology Applications, Grades 9-12, 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 10, 2020.

TRD-202003249

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: September 20, 2020

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


19 TAC §231.485

STATUTORY AUTHORITY. The repeal implements Texas Education Code (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: 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: and TEC, §21.064, as amended by House Bill (HB) 3, 86th Texas Legislature, 2019, which required the SBEC to stop the issuance and renewal of master teacher certificates effective September 1, 2019, to add a designation of "legacy" to each master teacher certificate issued, and to recognize these certificates until they expire.

CROSS REFERENCE TO STATUTE. The repeal is proposed under TEC, §§21.031(a), 21.041(b)(1) and (2), and 21.064, as amended by HB 3, 86th Texas Legislature,2019.

§231.485.Computer Programming, 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 10, 2020.

TRD-202003250

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: September 20, 2020

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


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

19 TAC §231.503

STATUTORY AUTHORITY. The amendment implements Texas Education Code (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: 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: and TEC, §21.064, as amended by House Bill 3, 86th Texas Legislature, 2019, which required the SBEC to stop the issuance and renewal of master teacher certificates effective September 1, 2019, to add a designation of "legacy" to each master teacher certificate issued, and to recognize these certificates until they expire.

CROSS REFERENCE TO STATUTE. The amendment is proposed under TEC, §§21.031(a), 21.041(b)(1) and (2), and 21.064, as amended by HB 3, 86th Texas Legislature, 2019.

§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) Legacy 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 2019-2020 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 10, 2020.

TRD-202003251

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: September 20, 2020

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


DIVISION 22. MANUFACTURING, GRADES 9-12 ASSIGNMENTS

19 TAC §231.521, §231.525

STATUTORY AUTHORITY. The amendments implement Texas Education Code (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: 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: and TEC, §21.064, as amended by House Bill 3, 86th Texas Legislature, 2019, which required the SBEC to stop the issuance and renewal of master teacher certificates effective September 1, 2019, to add a designation of "legacy" to each master teacher certificate issued, and to recognize these certificates until they expire.

CROSS REFERENCE TO STATUTE. The amendments are proposed under TEC, §§21.031(a), 21.041(b)(1) and (2), and 21.064, as amended by HB 3, 86th Texas Legislature, 2019.

§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, 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: Grades8-12.

(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.

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

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

(11) Any vocational agriculture certificate.

(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.

§231.525.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) Legacy 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 2019-2020 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 10, 2020.

TRD-202003252

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: September 20, 2020

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


DIVISION 23. MARKETING, GRADES 9-12 ASSIGNMENTS

19 TAC §§231.541, 231.543, 231.545

STATUTORY AUTHORITY. The amendments implement Texas Education Code (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: 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: and TEC, §21.064, as amended by House Bill 3, 86th Texas Legislature, 2019, which required the SBEC to stop the issuance and renewal of master teacher certificates effective September 1, 2019, to add a designation of "legacy" to each master teacher certificate issued, and to recognize these certificates until they expire.

CROSS REFERENCE TO STATUTE. The amendments are proposed under TEC, §§21.031(a), 21.041(b)(1) and (2), and 21.064, as amended by HB 3, 86th Texas Legislature, 2019.

§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.

(4) Any business or office education certificate.

(5) Any marketing or distributive education certificate.

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

(7) Business Education: Grades 6-12.

(b) Subject to the requirements in subsection (c) of this section, an assignment for Advanced Marketing, Practicum in Marketing, or Extended Practicum in Marketing, 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) Any business or office educationcertificate.

(5) Any marketing or distributive education certificate.

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

(7) Business Education: Grades 6-12.

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

§231.543.Advertising, Grades 9-12.

An assignment for Advertising, 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.

(7) Any business or office education certificate.

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

(9) Business Education: Grades 6-12.

§231.545.Fashion Marketing, Grades 9-12.

An assignment for Fashion Marketing, 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) Marketing: Grades 6-12.

(5) Marketing Education: Grades 8-12.

(6) Any business or office education certificate.

(7) Any marketing or distributive education certificate.

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

(9) 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 10, 2020.

TRD-202003253

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: September 20, 2020

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


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

19 TAC §§231.565, 231.567, 231.569, 231.573, 231.575, 231.577, 231.579, 231.581, 231.585, 231.587, 231.589, 231.591, 231.593, 231.595

STATUTORY AUTHORITY. The amendments and new sections implement Texas Education Code (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: 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: and TEC, §21.064, as amended by House Bill 3, 86th Texas Legislature, 2019, which required the SBEC to stop the issuance and renewal of master teacher certificates effective September 1, 2019, to add a designation of "legacy" to each master teacher certificate issued, and to recognize these certificates until they expire.

CROSS REFERENCE TO STATUTE. The amendments and new sections are proposed under TEC, §§21.031(a), 21.041(b)(1) and (2), and 21.064, as amended by HB 3, 86th Texas Legislature, 2019.

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

(a) Subject to the requirements in subsection (b) of this section, an assignment for 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) Legacy 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 2019-2020 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 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) 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) [(1)] Mathematics/Physical Science/Engineering: Grades 6-12.

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

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

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

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

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

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

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

(16) [(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) Legacy 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 2019-2020 school year. Specific details about the required training can be found at tea.texas.gov/cte.

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

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

(1) Legacy 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 2019-2020 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) Legacy 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 2019-2020 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 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) Legacy 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 2019-2020 school year. Specific details about the required training can be found at tea.texas.gov/cte.

§231.579.Engineering Science, Grades 9-12.

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

(1) Legacy 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 Engineering Science shall participate in Texas Education Agency-approved training prior to teaching this course effective with the 2019-2020 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) Legacy 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 2019-2020 school year. Specific details about the required training can be found at tea.texas.gov/cte.

§231.585.Computer Science, Grades 9-12.

An assignment for Computer Science I, II, and III; or Digital Forensics, Grades 9-12, is allowed with one of the following certificates.

(1) Computer Science: Grades 8-12.

(2) Grades 6-12 or Grades 9-12--Computer InformationSystems.

(3) Junior High School (Grades 9-10 only) or High School--Computer Information Systems.

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

§231.587.Fundamentals of Computer Science, Advanced Placement Computer Science Principles, Grades 9-12.

An assignment for Fundamentals of Computer Science or Advanced Placement Computer Science Principles, Grades 9-12, is allowed with one of the following certificates.

(1) Computer Science: Grades 8-12.

(2) Grades 6-12 or Grades 9-12--Computer Information Systems.

(3) Junior High School (Grades 9-10 only) or High School--Computer Information Systems.

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

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

(6) Technology Applications: Grades 8-12.

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

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

§231.589.Game Programming and Design, Grades 9-12.

An assignment for Game Programming and Design, Grades 9-12, is allowed with one of the following certificates.

(1) Computer Science: Grades 8-12.

(2) Grades 6-12 or Grades 9-12--Computer Information Systems.

(3) Junior High School (Grades 9-10 only) or High School--Computer Information Systems.

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

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

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

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

(8) Technology Applications: Grades 8-12.

(9) Technology Education: Grades 6-12.

(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.

§231.591.Mobile Applications Development, Grades 9-12.

An assignment for Mobile Applications Development, Grades 9-12, is allowed with one of the following certificates.

(1) Computer Science: Grades 8-12.

(2) Grades 6-12 or Grades 9-12--Computer Information Systems.

(3) Junior High School (Grades 9-10 only) or High School--Computer Information Systems.

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

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

(6) Technology Applications: Grades 8-12.

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

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

(9) Any business or office education certificate.

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

(11) Business Education: Grades 6-12.

(12) Marketing: Grades 6-12.

(13) Marketing Education: Grades 8-12.

§231.593.Cybersecurity, Grades 9-12.

An assignment for Foundations of Cybersecurity, Grades 9-12, and Cybersecurity Capstone is allowed with one of the following certificates.

(1) Computer Science: Grades 8-12.

(2) Grades 6-12 or Grades 9-12--Computer Information Systems.

(3) Junior High School (Grades 9-10 only) or High School--Computer Information Systems.

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

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

(6) Technology Applications: Grades 8-12.

(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.

§231.595.Discrete Mathematics for Computer Science, Grades 9-12.

An assignment for Discrete Mathematics for Computer Science, Grades 9-12, is allowed with one of the following certificates.

(1) Computer Science: Grades 8-12.

(2) Grades 6-12 or Grades 9-12--Computer Information Systems.

(3) Junior High School (Grades 9-10 only) or High School--Computer Information Systems.

(4) Legacy 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 Computer Information Systems (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 10, 2020.

TRD-202003254

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: September 20, 2020

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 repeals implement Texas Education Code (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: 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: and TEC, §21.064, as amended by House Bill (HB) 3, 86th Texas Legislature, 2019, which required the SBEC to stop the issuance and renewal of master teacher certificates effective September 1, 2019, to add a designation of "legacy" to each master teacher certificate issued, and to recognize these certificates until they expire.

CROSS REFERENCE TO STATUTE. The repeals are proposed under TEC, §§21.031(a), 21.041(b)(1) and (2), and 21.064, as amended by HB 3, 86th Texas Legislature, 2019.

§231.591.Transportation, Distribution, and Logistics, Grades 9-12.

§231.595.Small Engine Technology, 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 10, 2020.

TRD-202003256

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: September 20, 2020

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


19 TAC §231.631, §231.633

STATUTORY AUTHORITY. The new sections implement Texas Education Code (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: 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: and TEC, §21.064, as amended by House Bill 3, 86th Texas Legislature, 2019, which required the SBEC to stop the issuance and renewal of master teacher certificates effective September 1, 2019, to add a designation of "legacy" to each master teacher certificate issued, and to recognize these certificates until they expire.

CROSS REFERENCE TO STATUTE. The new sections are proposed under TEC, §§21.031(a), 21.041(b)(1) and (2), and 21.064, as amended by HB 3, 86th Texas Legislature, 2019.

§231.631.Transportation, Distribution, and Logistics, Grades 9-12.

(a) An assignment for Energy and Power of 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; Distribution and Logistics; Introduction to Aircraft Technology; Principles of Distribution and Logistics; Principles of Transportation Systems; Introduction to Transportation Technology; or Management of Transportation Systems, Grades 9-12, is allowed with one of the following certificates.

(1) Technology Education: Grades 6-12.

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

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

(4) 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) 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 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.

§231.633.Small Engine Technology, Grades 9-12.

An assignment for Small Engine Technology I or 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 10, 2020.

TRD-202003255

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: September 20, 2020

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


DIVISION 26. ENERGY, GRADES 9-12 ASSIGNMENTS

19 TAC §231.651

STATUTORY AUTHORITY. The new section implements Texas Education Code (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: 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: and TEC, §21.064, as amended by House Bill 3, 86th Texas Legislature, 2019, which required the SBEC to stop the issuance and renewal of master teacher certificates effective September 1, 2019, to add a designation of "legacy" to each master teacher certificate issued, and to recognize these certificates until they expire.

CROSS REFERENCE TO STATUTE. The new section is proposed under TEC, §§21.031(a), 21.041(b)(1) and (2), and 21.064, as amended by HB 3, 86th Texas Legislature, 2019.

§231.651.Energy and Natural Resources, Grades 9-12.

An assignment for Oil and Gas Production I; Oil and Gas Production II; Oil and Gas Production III; Oil and Gas Production IV; Introduction to Process Technology; Foundations of Energy; or Petrochemical Safety, Health, and Environment, 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) 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 10, 2020.

TRD-202003257

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: September 20, 2020

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


SUBCHAPTER F. SPECIAL EDUCATION-RELATED SERVICES PERSONNEL ASSIGNMENTS

19 TAC §§231.611, 231.613, 231.615, 231.617, 231.619, 231.621, 231.623

STATUTORY AUTHORITY. The repeals implement Texas Education Code (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: 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: and TEC, §21.064, as amended by House Bill (HB) 3, 86th Texas Legislature, 2019, which required the SBEC to stop the issuance and renewal of master teacher certificates effective September 1, 2019, to add a designation of "legacy" to each master teacher certificate issued, and to recognize these certificates until they expire.

CROSS REFERENCE TO STATUTE. The repeals are proposed under TEC, §§21.031(a), 21.041(b)(1) and (2), and 21.064, as amended by HB 3, 86th Texas Legislature, 2019.

§231.611.Special Education Teacher.

§231.613.Teacher of Adaptive Physical Education.

§231.615.Full-Time Teacher of Orthopedically Impaired or Other Health Impaired in a Hospital Class or Home-Based Instruction.

§231.617.Teacher of Students with Visual Impairments.

§231.619.Teacher of Students with Auditory Impairments.

§231.621.Teacher of Gifted and Talented Students.

§231.623.Special Education Counseling Services; Educational Diagnostician; Speech Therapy Services; and Vocational Adjustment Coordinator.

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 10, 2020.

TRD-202003260

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: September 20, 2020

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


19 TAC §§231.701, 231.703, 231.705, 231.707, 231.709, 231.711, 231.713

STATUTORY AUTHORITY. The new sections implement Texas Education Code (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: 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: and TEC, §21.064, as amended by House Bill 3, 86th Texas Legislature, 2019, which required the SBEC to stop the issuance and renewal of master teacher certificates effective September 1, 2019, to add a designation of "legacy" to each master teacher certificate issued, and to recognize these certificates until they expire.

CROSS REFERENCE TO STATUTE. The new sections are proposed under TEC, §§21.031(a), 21.041(b)(1) and (2), and 21.064, as amended by HB 3, 86th Texas Legislature, 2019.

§231.701.Special Education Teacher.

(a) Subject to the requirements in subsection (c) of this section, an assignment for Special Education Teacher is allowed with one of the following certificates. If an individual is providing content instruction in a special education classroom setting, a valid certificate that matches the subject and grade level of the assignment is also required, or the individual must demonstrate competency through the state's 2010 and 2011 high objective uniform State standard of evaluation for elementary and secondary special education teachers.

(1) Blind School (Texas State School for the Blind and Visually Impaired only).

(2) Deaf and Severely Hard of Hearing.

(3) Deaf School (Texas State School for the Deaf only).

(4) Deaf-Blind.

(5) Deficient Vision.

(6) Early Childhood Education for Handicapped Children (Infants-Grade 6 only).

(7) Elementary Generic Special Education.

(8) Emotionally Disturbed.

(9) Generic Special Education.

(10) Hearing Impaired.

(11) High School--Generic Special Education.

(12) Language and/or Learning Disabilities.

(13) Mentally Retarded.

(14) Physically Handicapped.

(15) School Speech-Language Pathologist.

(16) Secondary Generic Special Education (Grades 6-12) (Grades 6-12 only).

(17) Severely and Profoundly Handicapped.

(18) Severely Emotionally Disturbed and Autistic.

(19) Special Education Supplemental (Valid at grade level and subject area of the base certificate).

(20) Special Education: Early Childhood-Grade 12.

(21) Speech and Hearing Therapy.

(22) Speech and Language Therapy.

(23) Teacher of Students with Visual Impairments Supplemental: Early Childhood-Grade 12.

(24) Teacher of the Deaf and Hard of Hearing: Early Childhood-Grade 12.

(25) Visually Handicapped.

(b) The certificates specified in subsection (a) of this section are appropriate for a special education assignment in Prekindergarten-Grade 12 except where otherwise noted.

(c) The employing school district should make every effort to secure educators trained in the specialized skills and knowledge needed to serve the special needs of the children. If a staff member does not have the skills and knowledge needed for the assignment, the school district is responsible for making provisions for the person to acquire the necessary skills and knowledge.

§231.703.Teacher of Adaptive Physical Education.

(a) An assignment for Teacher of Adaptive Physical Education is allowed with one of the following certificates.

(1) All-Level Health and Physical Education.

(2) All-Level Physical Education.

(3) Elementary Physical Education (Grades 1-8) (Grades 1-8 only).

(4) Grades 6-8--Physical Education (Grades 6-8 only).

(5) Physical Education: Early Childhood-Grade 12.

(6) Secondary Physical Education (Grades 6-12) (Grades 6-12 only).

(7) Special education certificate as specified in §231.701 of this title (relating to Special Education Teacher). This assignment requires necessary skills and knowledge in adaptive physical education. Evidence of necessary skills and knowledge in adaptive physical education must be documented through in-service records, seminar attendance records, or transcripts of college courses.

(b) Other licensed professionals may be eligible to provide adaptive physical education services to students with disabilities under the scope of practice of the specific license held.

§231.705.Full-Time Teacher of Orthopedically Impaired or Other Health Impaired in a Hospital Class or Home-Based Instruction.

An assignment for Full-Time Teacher of Orthopedically Impaired or Other Health Impaired in a Hospital Class or Home-Based Instruction is allowed with one of the following certificates.

(1) Special education certificate as specified in §231.701 of this title (relating to Special Education Teacher).

(2) Teacher certificate. This assignment requires a three-semester credit hour survey course in special education and three semester credit hour course related to teaching students who are physically impaired or health impaired.

§231.707.Teacher of Students with Visual Impairments.

(a) An assignment for Teacher of Students with Visual Impairments is allowed with one of the following certificates.

(1) Deficient Vision.

(2) Visually Handicapped.

(3) Teacher of Students with Visual Impairments Supplemental: Early Childhood-Grade 12.

(b) A teacher in an assignment for Teacher of Students with Visual Impairments must be available to students with visual impairments.

§231.709.Teacher of Students with Auditory Impairments.

(a) An assignment for Teacher of Students with Auditory Impairments is allowed with one of the following certificates.

(1) Deaf and Severely Hard of Hearing.

(2) Hearing Impaired.

(3) Teacher of the Deaf and Hard of Hearing: Early Childhood-Grade 12.

(b) A teacher in an assignment for Teacher of Students with Auditory Impairments must be available to students with auditory impairments.

(c) A teacher in an assignment for Teacher of Students with Auditory Impairments is not required to pass the Texas Assessment of Sign Communication (TASC) or the Texas Assessment of Sign Communication-American Sign Language (TASC-ASL) in order to be assigned to a classroom in which another communication method is used predominately. If this teacher completes certification requirements through a State Board for Educator Certification-approved educator preparation program in Texas, the program must have assessed proficiency in the communication method and verified it to be at an appropriate level.

§231.711.Teacher of Gifted and Talented Students.

(a) An assignment for Teacher of Gifted and Talented Students is allowed with one of the following.

(1) A teacher certificate that matches the subject and grade level of the assignment.

(2) Gifted and Talented Endorsement (Not required for assignment).

(3) Gifted and Talented Supplemental (Not required for assignment).

(b) In addition to the requirements specified in this subchapter, individuals assigned to a gifted and talented program must comply with the provisions of Chapter 89, Subchapter A, of this title (relating to Gifted/Talented Education).

§231.713.Special Education Counseling Services; Educational Diagnostician; Speech Therapy Services; and Vocational Adjustment Coordinator.

(a) Special Education Counseling Services.

(1) An assignment for Special Education Counseling Services is allowed with one of the following certificates.

(A) Counselor.

(B) School Counselor (Early Childhood-Grade 12).

(C) Special Education Counselor.

(D) Special Education Visiting Teacher.

(E) Vocational Counselor.

(2) Individuals certified or licensed to practice in other professions may be eligible to provide counseling services for students with disabilities under the scope of practice of the specific license held.

(b) Educational Diagnostician.

(1) An assignment for Educational Diagnostician is allowed with an Educational Diagnostician certificate.

(2) Individuals certified or licensed to practice in other professions may be eligible to provide evaluative services for students with disabilities under the scope of practice of the specific license held.

(c) Speech Therapy Services.

(1) An assignment for Speech Therapy Services is allowed with one of the following certificates.

(A) School Speech-Language Pathologist.

(B) Speech and Hearing Therapy.

(C) Speech and Language Therapy.

(2) Individuals licensed by the State Board of Examiners for Speech-Language Pathology and Audiology also may provide speech therapy services to eligible students under the scope of practice of the specific license held.

(d) Vocational Adjustment Coordinator.

(1) An assignment for Vocational Adjustment Coordinator is allowed with a Special Education certificate. This assignment requires 60 clock-hours of training appropriate for the assignment.

(2) A teacher in an assignment for Vocational Adjustment Coordinator will have three years from the date of assignment to complete the required training.

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 10, 2020.

TRD-202003259

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: September 20, 2020

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


SUBCHAPTER G. PARAPROFESSIONAL PERSONNEL, ADMINISTRATORS, AND OTHER INSTRUCTIONAL AND PROFESSIONAL SUPPORT ASSIGNMENTS

19 TAC §§231.641, 231.643, 231.645

STATUTORY AUTHORITY. The repeals implement Texas Education Code (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: 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: and TEC, §21.064, as amended by House Bill (HB) 3, 86th Texas Legislature, 2019, which required the SBEC to stop the issuance and renewal of master teacher certificates effective September 1, 2019, to add a designation of "legacy" to each master teacher certificate issued, and to recognize these certificates until they expire.

CROSS REFERENCE TO STATUTE. The repeals are proposed under TEC, §§21.031(a), 21.041(b)(1) and (2), and 21.064, as amended by HB 3, 86th Texas Legislature, 2019.

§231.641.Educational Aide.

§231.643.Administrators and Other Instructional and Professional Support Personnel.

§231.645.Professional Support Personnel Requiring Other Professional License.

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 11, 2020.

TRD-202003301

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: September 20, 2020

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


19 TAC §§231.751, 231.753, 231.755

STATUTORY AUTHORITY. The new sections implement Texas Education Code (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: 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: and TEC, §21.064, as amended by House Bill 3, 86th Texas Legislature, 2019, which required the SBEC to stop the issuance and renewal of master teacher certificates effective September 1, 2019, to add a designation of "legacy" to each master teacher certificate issued, and to recognize these certificates until they expire.

CROSS REFERENCE TO STATUTE. The new sections are proposed under TEC, §§21.031(a), 21.041(b)(1) and (2), and 21.064, as amended by HB 3, 86th Texas Legislature, 2019.

§231.751.Educational Aide.

(a) Educational Aide I.

(1) An assignment for Educational Aide I is allowed with one of the following certificates.

(A) Educational Aide I.

(B) Educational Aide II.

(C) Educational Aide III.

(D) Valid Texas classroom teacher certificate.

(2) The role description for an Educational Aide I is codified in §230.61(1) of this title (relating to Role Descriptions).

(b) Educational Aide II.

(1) An assignment for Educational Aide II is allowed with one of the following certificates.

(A) Educational Aide II.

(B) Educational Aide III.

(C) Valid Texas classroom teacher certificate.

(2) The role description for an Educational Aide II is codified in §230.61(2) of this title.

(c) Educational Aide III.

(1) An assignment for Educational Aide III is allowed with one of the following certificates.

(A) Educational Aide III.

(B) Valid Texas classroom teacher certificate.

(2) The role description of an Educational Aide III is codified in §230.61(3) of this title.

§231.753.Administrators and Other Instructional and Professional Support Personnel.

(a) Administrators.

(1) An assignment for Superintendent is allowed with one of the following certificates.

(A) Administrator.

(B) Superintendent.

(2) An assignment for Principal is allowed with one of the following certificates.

(A) Administrator.

(B) Mid-Management Administrator.

(C) Principal.

(D) Superintendent.

(3) An assignment for Assistant Principal is allowed with one of the following certificates.

(A) Administrator.

(B) Assistant Principal.

(C) Mid-Management Administrator.

(D) Principal.

(E) Superintendent.

(b) School Counselor. An assignment for School Counselor is allowed with one of the following certificates.

(1) Counselor.

(2) School Counselor (Early Childhood-Grade 12).

(3) Special Education Counselor.

(4) Vocational Counselor.

(c) Librarian. An assignment for Librarian is allowed with one of the following certificates.

(1) Learning Resources Endorsement.

(2) Learning Resources Specialist.

(3) Librarian.

(4) School Librarian (Early Childhood-Grade 12).

(d) Athletic Director. An assignment for Athletic Director is allowed with a valid Texas classroom teacher certificate.

§231.755.Professional Support Personnel Requiring Other Professional License.

A person may not be employed by a school district to perform services within the following professions unless the person holds the appropriate credential or license from the appropriate state agency for that profession. Educator certification is not required for a school district assignment to provide services that are within the scope of that profession.

(1) Associate School Psychologist.

(2) Audiologist.

(3) Licensed Professional Counselor.

(4) Marriage and Family Therapist. As long as a person was employed by a school district before September 1, 2011, to perform marriage and family therapy, as defined by the Texas Occupations Code (TOC), §502.002, and remains employed by the same school district, the person is not required to hold a license as a marriage and family therapist to perform marriage and family therapy with that school district.

(5) Nurse.

(6) Occupational Therapist.

(7) Physical Therapist.

(8) Physician.

(9) School Psychologist.

(10) Social Worker.

(11) Speech-Language Pathologist. An assignment to provide Speech Therapy Services is allowed with a certificate authorized by the TOC, §401.05

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 11, 2020.

TRD-202003300

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: September 20, 2020

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


CHAPTER 239. STUDENT SERVICES CERTIFICATES

SUBCHAPTER E. LEGACY MASTER TEACHER CERTIFICATE

19 TAC §239.101, §239.103

The State Board for Educator Certification (SBEC) proposes new §239.101 and §239.103, concerning the legacy master teacher certificate. The proposed new 19 TAC Chapter 239, Subchapter E, would provide for the requirements and validity period for Legacy Master Teacher certificate holders.

BACKGROUND INFORMATION AND JUSTIFICATION: House Bill (HB) 3, 86th Texas Legislature, 2019, required the SBEC to repeal 19 TAC Chapter 239, Student Services Certificates, Subchapter E, Master Teacher Certificate, in October 2019 to implement the requirements that SBEC no longer issue or renew master teacher certificates. HB 3 also specified that master teacher certificates will be designated as "legacy" certificates and recognized for assignment purposes until they expire.

The affected certificates were the Master Reading Teacher, Master Mathematics Teacher, Master Technology Teacher, and Master Science Teacher. There are 4,997 Legacy Master Teacher certificate holders. These certificates were only issued after an individual had obtained an initial certification in a particular teaching category.

As a result, the SBEC and Texas Education Agency (TEA) staff received written and oral public comments from educators, school districts, professional organizations, and teacher organizations requesting options to address the current master teacher population and the employing school districts. The feedback received reflects the following concerns from various stakeholders: current educators who hold master teacher certificates obtained after preparing and paying for the additional certificate will no longer have a credential that reflects this certificate; current educators who are assigned to courses with their master teacher certificates may lose those positions; and employing school districts that currently staff their courses with master teacher certificate holders may have personnel issues.

At the February 21, 2020 SBEC meeting, the SBEC received a letter from Chairman Dan Huberty, House Committee on Public Education, Texas House of Representatives, explaining that the intent of the legislation was not to prevent the current educators who hold a master teacher certificate from continuing educating students with those certificates and requested that the SBEC use its rulemaking authority to provide an avenue for those educators to continue serving students and school districts in those roles.

Additionally, at the February 21, 2020 SBEC meeting, the SBEC directed TEA staff to solicit stakeholder feedback and to bring the SBEC options for consideration at the May 1, 2020 meeting.

On April 15, 2020, TEA staff conducted a stakeholder meeting to explore options to allow Legacy Master Teacher certificate holders to continue serving in assignments and to utilize their skills in service to students and the profession.

At the May 1, 2020 SBEC meeting, the SBEC considered options and directed staff to initiate rulemaking that would designate all Legacy Master Teacher certificates as valid with no expiration date. The benefits to this option would be that it addresses Chairman Huberty's clarification as well as stakeholders' request for remedy; allows all current certificate holders to continue teaching uninterrupted; does not cause additional cost and time to implement; and does not affect continuing professional education (CPE) hours.

If the SBEC approves the proposed new rules, they will take effect December 27, 2020. Therefore, there are Legacy Master Teacher certificate holders who have had or will have their certificates expire prior to the effective date of these rules. If the SBEC approves the proposed new rules, TEA staff will contact those educators to inform them that once the new rules are effective, their Legacy Master Teacher certificates will be converted back to a status of valid. TEA staff will provide guidance and options in communicating with current and prospective school districts to help ensure minimal disruption to personnel decisions regarding the impacted assignments.

TEC, §21.041, provides the SBEC full authority to specify the classes of educator certificates to be issued, the period for which each class of educator certificate is valid, and the requirements for the issuance and renewal of an educator certificate. The following is a description of the proposed new rules that reflect the SBEC's charge to draft rule text with the option to establish the status of the Legacy Master Teacher certificate holders to valid with no renewal requirements.

§239.101. General Provisions for Legacy Master Teacher Certificates.

Proposed new §239.101 would provide the general requirements for all Legacy Master Teacher certificate holders. The new section would allow all individuals who held a valid or inactive master teacher certification on August 31, 2019, to be issued a Legacy Master Teacher certification with no expiration date. Additionally, under the new section, Legacy Master Teacher certificates would not be subject to renewal or CPE requirements. The new section would clarify that other standard certificates held by the certificate holder would still be subject to current renewal and CPE requirements. This would allow all current Legacy Master Teacher certificate holders to continue teaching with these certificates while complying with HB 3, which disallowed Legacy Master Teacher certificates from being renewed.

§239.103. Definitions.

Proposed new §239.103 would provide definitions for the terms valid, inactive, and expired that mirror the language used in the glossary of terms for the official record of educator certification maintained on the TEA website. This would provide clarification and alignment with §230.91(d), which specifies that the representation of an individual's certificate status as maintained on the TEA website is considered to be the official record of educator certification. The electronic representation of the certificate satisfies TEC, §21.053(a), which requires individuals to present their certificate prior to employment by a school district. A definition for master teacher certificate would also be provided as reference for the four master teacher certificates that fell under this category.

FISCAL IMPACT: Ryan Franklin, associate commissioner for educator leadership and quality, has determined that for the first five-year period the proposal is in effect, there is no additional fiscal impact on state or local governments, and there are no additional costs to entities required to comply with the proposal.

LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.

SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

COST INCREASE TO REGULATED PERSONS: The proposal does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code, §2001.0045.

TAKINGS IMPACT ASSESSMENT: The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under Texas Government Code, §2007.043.

GOVERNMENT GROWTH IMPACT: TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would create a government program, create a new regulation, and increase the number of individuals subject to the rule's applicability by allowing current and expired Legacy Master Teacher certificate holders to hold a valid SBEC certificate by designating those certificates as valid without the need to renew. As a result of HB 3, the SBEC repealed an existing regulation by repealing the master teacher certificates effective December 22, 2019. The new Chapter 239, Subchapter E, provides for those certified with those certificates to have them continue or be reinstated if they expired.

The proposed rulemaking would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not expand, limit, or repeal an existing regulation; and would not positively or adversely affect the state's economy.

PUBLIC BENEFIT AND COST TO PERSONS: Mr. Franklin has determined that for each year of the first five years the proposal is in effect, the public benefit anticipated as a result of enforcing the proposal would be the ability for educators to continue utilizing the master teacher certificate obtained and for school districts to continue staffing those assignments. The TEA staff has determined that there is no anticipated cost to persons who are required to comply with the proposal.

DATA AND REPORTING IMPACT: The proposal would have no data and reporting impact.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: The TEA has determined that the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.

PUBLIC COMMENTS: The public comment period on the proposal begins August 21, 2020 and ends September 21, 2020. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/About_TEA/Laws_and_Rules/SBEC_Rules_(TAC)/Proposed_State_Board_for_Educator_Certification_Rules/. The SBEC will take registered oral and written comments on the proposal at the October 9, 2020 meeting in accordance with the SBEC board operating policies and procedures. All requests for a public hearing on the proposal 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 August 21, 2020.

STATUTORY AUTHORITY. The new rules are proposed under Texas Education Code (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, and states that in proposing rules under the TEC, Chapter 21, Subchapter B, the SBEC shall ensure that all candidates for certification or renewal of certification demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of this state; TEC, §21.041(b)(1)-(4), which require the State Board for Educator Certification (SBEC) to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; which specify the classes of educator certificates to be issued, including emergency certificates; specify the period for which each class of educator certificate is valid; and which specify the requirements for the issuance and renewal of an educator certificate; and TEC, §21.064(a), as amended by HB 3, 86th Texas Legislature, 2019, which required the SBEC to stop the issuance and renewal of master teacher certificates effective September 1, 2019, to add a designation of "legacy" to each master teacher certificate issued, and to recognize these certificates until they expire.

CROSS REFERENCE TO STATUTE. The new rules implement Texas Education Code, §§21.031, 21.041(b)(1)-(4), and 21.064(a), as amended by House Bill (HB) 3, 86th Texas Legislature, 2019.

§239.101.General Provisions for Legacy Master Teacher Certificates.

(a) A Legacy Master Teacher certificate will be issued to individuals who held valid or inactive master teacher certificates on August 31, 2019.

(b) Legacy Master Teacher certificates do not expire and are not subject to renewal requirements.

(c) Any suspension of or condition on an educator's master teacher certificate in accordance with Chapter 249 of this title (relating to Disciplinary Proceedings, Sanctions, and Contested Cases) will apply to the educator's Legacy Master Teacher certificate upon issuance.

(d) All other standard certificates held by the Legacy Master Teacher certificate holders are subject to renewal and continual professional education requirements as prescribed by Chapter 232 of this title (relating to General Certification Provisions).

(e) A legacy master teacher may serve as a mentor to other teachers in the subject area of his or her Legacy Master Teacher certification.

(f) A legacy master teacher may teach in assignments as specified in Chapter 231 of this title (relating to Requirements for Public School Personnel Assignments).

§239.103.Definitions.

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

(1) Expired--An expired credential is no longer valid because it was issued for a specific term, and the ending date has passed.

(2) Inactive--An inactive certificate does not currently entitle the certificate holder to work as a professional educator in a Texas public school. A certificate is placed on inactive status when one or more of the following conditions exists, and the certificate is returned to valid status once an educator satisfies the condition or conditions that caused the certificate to be placed on inactive status:

(A) the holder's standard certificate has not been renewed;

(B) the certificate holder has not completed fingerprinting as required by the Texas Education Code, §22.0831; or

(C) the certificate holder has fees pending.

(3) Master teacher certificate--a Master Reading Teacher, Master Mathematics Teacher, Master Science Teacher, or Master Technology Teacher certificate issued by the State Board for Educator Certification that, effective September 1, 2019, was no longer issued or renewed.

(4) Valid--A valid certificate qualifies the holder for employment as an educator in a Texas public school, is not expired or inactive, and is not subject to an active suspension, surrender, cancellation, or revocation.

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 10, 2020.

TRD-202003261

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: September 20, 2020

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