PART 1. TEXAS HIGHER EDUCATION COORDINATING BOARD
CHAPTER 21. STUDENT SERVICES
SUBCHAPTER C. STUDENT INDEBTEDNESS
The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to Chapter 21, Subchapter C, §21.49, concerning Student Loan Debt Disclosure, without changes to the proposed text as published in the February 7, 2020, issue of the Texas Register (45 TexReg 833). The rule will not be republished.
The amendments to §21.49 provide clarification for required letters advising students of their student loan indebtedness, as authorized by Senate Bill 241, 86th Legislative Session. Specifically, the changes clarify that private loan information is not required in the student debt letters.
No comments were received regarding adoption of the amendments.
The amendments are adopted under Texas Education Code, §52.335, which provides the Coordinating Board with the authority to adopt rules stating the nature and requirements of all available formal and informal procedures.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 14, 2020.
TRD-202002896
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 3, 2020
Proposal publication date: February 7, 2020
For further information, please call: (512) 427-6365
SUBCHAPTER G. TEXAS COLLEGE WORK-STUDY PROGRAM
19 TAC §§22.127 - 22.132, 22.134
The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to Chapter 22, Subchapter G, §§22.127 - 22.132, concerning the Texas College Work-Study Program, and the addition of §22.134, without changes to the proposed text as published in the February 7, 2020, issue of the Texas Register (45 TexReg 834). The rules will not be republished.
Section 22.127 is amended to include references to the Work-Study Student Mentorship Program (Mentorship Program), and §22.128 is amended to add definitions related to the Mentorship Program. The amendments to §22.129 define the participation requirements for the Mentorship Program and delete text that duplicates information included in 19 TAC §22.9. The amendments to §22.130 include references to the Mentorship Program. The amendments to §22.131 provide greater clarity regarding off-campus employers, integrate references to the Mentorship Program, and delete the provision requiring a specific level of student participation in off-campus employment, as authorized by House Bill 3808, 86th Legislative Session. The amendments to §22.132 delete text that duplicates information included in 19 TAC §22.11. The addition of §22.134 integrates the Mentorship rule regarding allocations and disbursement of funds, as previously outlined in 19 TAC §4.195.
No comments were received regarding adoption of the amendments and new rule.
The amendments and new rule are adopted under the Texas Education Code, §56.077, which provides the Coordinating Board the authority to adopt rules for the administration of the Texas College Work-Study Program.
The adopted amendments and new rule affect Texas Education Code, §§56.071 - 56.082.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 14, 2020.
TRD-202002897
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 3, 2020
Proposal publication date: February 7, 2020
For further information, please call: (512) 427-6365
The Texas Higher Education Coordinating Board (Coordinating Board) adopts the repeal of Chapter 22, Subchapter G, §22.135, concerning the Texas College Work-Study Program, without changes to the proposed text as published in the February 7, 2020, issue of the Texas Register (45 TexReg 836). The rule will not be republished.
Section 22.135 is being repealed since it duplicates the information in 19 TAC §22.11.
No comments were received regarding adoption of the repeal.
The repeal is adopted under the Texas Education Code, §56.077, which provides the Coordinating Board the authority to adopt rules for the administration of the Texas College Work-Study Program.
The adopted repeal affects House Bill 1, 86th Legislative Session, III-54, Section 18, Appropriations Transfers.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 14, 2020.
TRD-202002898
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 3, 2020
Proposal publication date: February 7, 2020
For further information, please call: (512) 427-6365
19 TAC §§22.163 - 22.168, 22.170 - 22.174
The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to Chapter 22, Subchapter I, §§22.163 - 22.168 and §§22.171 - 22.173 and new §22.174, concerning the Texas Armed Services Scholarship Program, without changes to the proposed text as published in the February 7, 2020, issue of the Texas Register (45 TexReg 837). The rules will not be republished.
Amendments to §22.170 were proposed in the same issue of the Texas Register, and this rule is being adopted with changes to the proposed text. This rule will be republished.
Throughout §§22.163 - 22.168 and §§22.170 - 22.173, amendments have been proposed to align text with the terminology defined in §22.164. The amendments to §22.163 provide greater clarity regarding the purpose of the Texas Armed Services Scholarship Program. The amendments to §22.164 delete definitions that duplicate language in §22.1 and clarify current definitions. The amendments to §22.165 incorporate language from §22.169 and clarify eligibility when a recipient is enrolled in a five-year degree program. The amendments to §22.166 delete unnecessary language due to the integration of §§22.167 and 22.169, clarify situations when a replacement nominee may be named by an elected official, and update the appointment requirements to reference the distinguished level of achievement created through House Bill 5, 83rd Legislative Session. The amendments to §22.167 delete language that has been integrated into §22.168. The amendments to §22.167 also revise the Coordinating Board's determination of satisfactory academic progress to allow greater opportunity for recipients to successfully complete all program requirements. The amendments to §22.168 integrate language that has been deleted from §22.167 to provide greater clarity regarding the promissory note. The amendments to §22.170 clarify situations where a scholarship converts to a loan. The amendments to §22.171 integrate language regarding prepayments and the application of payments. The amendment to §22.172 eliminates institutional holds on student records and registration for individuals who are delinquent on a Texas Armed Services Scholarship that has converted to a 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. The proposed new rule §22.174 outlines the provisions for death and disability.
No comments were received regarding adoption of the amendments and new rule.
The amendments and new rule are adopted under the Texas Education Code, §61.9774, which provides the Coordinating Board the authority to adopt rules for the administration of the Texas Armed Services Scholarship Program.
The adopted amendments and new rule affect Texas Education Code, §§61.9771 - 61.9776.
§22.170.Conversion of the Scholarship to a Loan.
(a) A scholarship will become a loan if the recipient:
(1) Fails to maintain satisfactory academic progress as described in §22.167 of this subchapter (relating to Award Eligibility);
(2) Withdraws from the scholarship program, as indicated through withdrawal or removal from the institution of higher education or that institution's ROTC program or other undergraduate officer commissioning program, without subsequent enrollment in another institution of higher education and that subsequent institution's ROTC program or other undergraduate officer commissioning program; or
(3) Fails to fulfill one of the following:
(A) a four-year commitment to be a member of the Texas Army National Guard, Texas Air National Guard, Texas State Guard, United States Coast Guard, or United States Merchant Marine; or
(B) the minimum active service requirement included in a contract to serve as a commissioned officer in any branch of the armed services of the United States; honorable discharge is considered demonstration of fulfilling the minimum active service requirement.
(b) A scholarship converts to a loan if documentation of the contract or commitment outlined in subsection (a)(3) of this section is not submitted to the Coordinating Board within twelve months of graduation with a baccalaureate degree. Subsequent filing of this documentation will revert the loan back to a scholarship.
(c) If a recipient's scholarship converts to a loan, the recipient:
(1) cannot regain award eligibility in a subsequent academic year; and
(2) loses eligibility to receive any future awards.
(d) If a recipient requires a temporary leave of absence from the institution of higher education and/or the ROTC program or another undergraduate officer commissioning program for personal reasons or to provide service for the Texas Army National Guard, Texas Air National Guard, Texas State Guard, United States Coast Guard, or United States Merchant Marine for fewer than twelve months, the Board may agree to not convert the scholarship to a loan during that time.
(e) If a recipient is required to provide more than twelve months of service in the Texas Army National Guard, Texas Air National Guard, Texas State Guard, United States Coast Guard, or United States Merchant Marine as a result of a national emergency, the Board shall grant that recipient additional time to meet the graduation and service requirements specified in the scholarship agreement.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 14, 2020.
TRD-202002899
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 3, 2020
Proposal publication date: February 7, 2020
For further information, please call: (512) 427-6365
The Texas Higher Education Coordinating Board (Coordinating Board) adopts the repeal of Chapter 22, Subchapter I, §22.169 and §22.174, concerning the Texas Armed Services Scholarship Program, without changes to the proposed text as published in the February 7, 2020, issue of the Texas Register (45 TexReg 840). The rules will not be republished.
Section 22.169 is repealed due to the integration of its contents into §22.167, and §22.174 is repealed because it is no longer necessary due to proposed changes to §22.170.
No comments were received regarding adoption of the repeal.
The repeal is adopted under the Texas Education Code, §61.9774, which provides the Coordinating Board the authority to adopt rules for the administration of the Texas Armed Services Scholarship Program.
The adopted repeal affects Texas Education Code, §§61.9771 - 61.9776.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 14, 2020.
TRD-202002900
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 3, 2020
Proposal publication date: February 7, 2020
For further information, please call: (512) 427-6365
The Texas Higher Education Coordinating Board (Coordinating Board) adopts new rules under Chapter 22, Subchapter M, §§22.257 - 22.261, and amended rules under §§22.253 - 22.256, concerning the Texas Educational Opportunity Grant Program, without changes to the proposed text as published in the February 7, 2020, issue of the Texas Register (45 TexReg 840). The rules will not be republished.
New §22.257 is added to consolidate satisfactory academic progress information under one section of the subchapter. Section 22.258 is added to consolidate discontinuation of eligibility or non-eligibility under one section of the subchapter. Section 22.259 is added to consolidate hardship provisions under one section of the subchapter and to add an additional circumstance for hardship consideration to align the hardships applicable to the Texas Educational Opportunity Grant Program with those described in the Toward EXcellence, Access and Success Grant Program. Section 22.260 is added to consolidate priorities in awarding under one section of the subchapter. Section 22.261 is added to consolidate grant amounts and adjustments under one section of the subchapter.
The amendments eliminate redundancy between Subchapter M and Subchapter A (relating to General Provisions), apply consistent terminology throughout the rules, and remove outdated references. Section 22.253 is amended to clarify references in the text. Section 22.254 is amended to remove sixteen definitions that are either not used in the subchapter or are already defined in Subchapter A, §22.1. In addition, the definition for "Initial Year Award" is amended to allow for summer grants, and the terms "Continuation Award" and "Grant" are added and defined to provide further clarification to this rule. Section 22.255(a) is amended to align with statute, §22.255(b) is amended to align with changes in the timing of the allocation process, and §22.255(c) is amended to remove material that appears in subchapter A (relating to General Provisions). Section 22.256 is amended to provide greater clarity and to remove items that have been consolidated into other sections of the subchapter or that appear in Subchapter A (relating to General Provisions).
The following comment was received within the public comment period:
COMMENT: Delmar College commented in favor of the additional circumstances for hardship consideration. Further comments advised of his appreciation of the opportunity to help students that have very difficult circumstances that occur, with completing their education. Life events that happen cause students to almost lose hope, but with these type of provisions students just need a second chance and these additional circumstances allow for that. Delmar College extended sincerest thanks to the THECB for advocating for student success and completion.
STAFF RESPONSE: Staff agrees with the comment.
The amendments and new rules are adopted under the Texas Education Code, §56.403, which provides the Coordinating Board the authority to adopt rules for the administration of the Texas Educational Opportunity Grant Program.
The adopted amendments and new rules affect Texas Education Code, Chapter 56, Subchapter P.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 14, 2020.
TRD-202002901
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 3, 2020
Proposal publication date: February 7, 2020
For further information, please call: (512) 427-6365
The Texas Higher Education Coordinating Board (Coordinating Board) adopts the repeal of Chapter 22, Subchapter M, §§22.257 - 22.261 and §22.263 of Board rules, concerning Texas Educational Opportunity Grant, without changes to the proposed text as published in the February 7, 2020, issue of the Texas Register (45 TexReg 845). The rules will not be republished.
Sections 22.257 - 22.260 are repealed to remove information that is being consolidated in new sections. Specifically, §22.261 and §22.263 are repealed to remove material that appears in subchapter A (relating to General Provisions).
The following comment was received within the public comment period.
COMMENT: Delmar College commented in favor of the additional circumstances for hardship consideration. Further comments advised of his appreciation of the opportunity to help students that have very difficult circumstances that occur, with completing their education. Life events that happen cause students to almost lose hope, but with these type of provisions students just need a second chance and these additional circumstances allow for that. Delmar College extended sincerest thanks to the THECB for advocating for student success and completion.
STAFF RESPONSE: Staff agrees with the comment.
The repeal is adopted under the Texas Education Code, §56.403, which provides the Coordinating Board the authority to adopt rules for the administration of the Texas Educational Opportunity Grant Program.
The adopted repeal affects Texas Education Code, Chapter 56, Subchapter P.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 14, 2020.
TRD-202002902
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 3, 2020
Proposal publication date: February 7, 2020
For further information, please call: (512) 427-6365
19 TAC §§22.625, 22.626, 22.631
The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to Chapter 22, Subchapter X, §§22.625, 22.626, and 22.631, concerning the Teach for Texas Conditional Grant Program, without changes as published in the February 7, 2020, issue of the Texas Register (45 TexReg 846) and will not be republished.
The amendment to §22.625 updates the legislative reference to reflect the specific citation of the Texas Education Code section regarding the authority for these provisions and removes unnecessary language. The amendment to §22.626 concerning "Definitions" strikes the terms "Academic period," "Board," "Commissioner," "Eligible Institution," "Enrolled for at least a three-quarter time," "Enrolled at least half time," and "Satisfactory Academic Progress" from the rule. These terms are either not used in the subchapter or are already defined in Subchapter A, §22.1. Section 22.631 of the rule is amended to reflect the hardship provisions that are applicable to fulfillment of the service obligation.
No comments were received regarding adoption of the amendments.
The amendments are adopted under the Texas Education Code, §56.359, which provides direction regarding the treatment of grant recipients who entered the conditional grant program before it was converted to a loan repayment assistance program, and §56.3575, which provides the Coordinating Board with the authority to adopt rules for administration of Texas Education Code, Chapter 56, Subchapter O.
The adopted amendments affect Texas Education Code, §56.359.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 14, 2020.
TRD-202002903
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 3, 2020
Proposal publication date: February 7, 2020
For further information, please call: (512) 427-6365
The Texas Higher Education Coordinating Board (Coordinating Board) adopts the repeal of Chapter 22, Subchapter X, §§22.627-22.630, 22.632, 22.642 and 22.643, concerning Teach for Texas Conditional Grant Program, without changes as published in the February 7, 2020, issue of the Texas Register (45 TexReg 847) and will not be republished.
Specifically, since the Board is no longer issuing new conditional grants under the Teach for Texas Conditional Grant Program, §§22.627-22.630, 22.632, 22.642 and 22.643 are no longer required and are obsolete.
No comments were received regarding adoption of the repeal.
The repeal is adopted under the Texas Education Code, §56.359, which provides direction regarding the treatment of grant recipients who entered the conditional grant program before it was converted to a loan repayment assistance program, and §56.3575, which provides the Coordinating Board with the authority to adopt rules for administration of Texas Education Code, Chapter 56, Subchapter O.
The adopted repeal affects Texas Education Code, §56.359.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 14, 2020.
TRD-202002904
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 3, 2020
Proposal publication date: February 7, 2020
For further information, please call: (512) 427-6365
19 TAC §§22.663, 22.664, 22.668
The Texas Higher Education Coordinating Board (Coordinating Board) adopts amendments to Chapter 22, Subchapter Y, §§22.663, 22.664, and 22.668, concerning the Teach for Texas Alternative Certification Conditional Grant Program, without changes to the proposed text as published in the February 7, 2020, issue of the Texas Register (45 TexReg 848). The rules will not be republished.
The amendment to §22.663 updates the legislative reference to reflect the specific citation of the Texas Education Code section regarding the authority for these provisions and removes unnecessary language. The amendment to §22.664 concerning "Definitions" strikes the terms "Board," "Certification officer," "Commissioner," and "Program officer" from the rule. These terms are either not used in the subchapter or are already defined in Subchapter A, §22.1. Section 22.664(4) is amended to reflect the correct citation for the definition of the term "Good cause," which is defined within Chapter 22, Subchapter X, Teach for Texas Conditional Grant Program. Section 22.668 of the rule is amended to reflect the hardship provisions that are applicable to the service obligation requirements.
No comments were received regarding adoption of the amendments.
The amendments are adopted under the Texas Education Code, §56.359, which provides direction regarding the treatment of grant recipients who entered the conditional grant program before it was converted to a loan repayment assistance program, and §56.3575, which provides the Coordinating Board with the authority to adopt rules for administration of Texas Education Code, Chapter 56, Subchapter O.
The adopted amendments affect Texas Education Code, §56.359.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 14, 2020.
TRD-202002905
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 3, 2020
Proposal publication date: February 7, 2020
For further information, please call: (512) 427-6365
The Texas Higher Education Coordinating Board (Coordinating Board) adopts the repeal of Chapter 22, Subchapter Y, §§22.665 - 22.667, 22.669, 22.678, and 22.679, concerning Teach for Texas Alternative Certification Conditional Grant Program, without changes to the proposed text as published in the February 7, 2020, issue of the Texas Register (45 TexReg 849). The rules will not be republished.
Specifically, since the Board is no longer issuing new conditional grants under the Teach for Texas Alternative Certification Conditional Grant Program, §§22.665 - 22.667, 22.669, 22.678, and 22.679 are no longer required and are obsolete.
No comments were received regarding adoption of the repeal.
The repeal is adopted under the Texas Education Code, §56.359, which provides direction regarding the treatment of grant recipients who entered the conditional grant program before it was converted to a loan repayment assistance program, and §56.3575, which provides the Coordinating Board with the authority to adopt rules for administration of Texas Education Code, Chapter 56, Subchapter O.
The adopted repeal affects Texas Education Code, §56.359.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 14, 2020.
TRD-202002906
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Effective date: August 3, 2020
Proposal publication date: February 7, 2020
For further information, please call: (512) 427-6365
CHAPTER 109. BUDGETING, ACCOUNTING, AND AUDITING
SUBCHAPTER B. TEXAS EDUCATION AGENCY AUDIT FUNCTIONS
The State Board of Education (SBOE) adopts an amendment to §109.23, concerning school district independent audits and agreed-upon procedures. The amendment is adopted without changes to the proposed text as published in the May 22, 2020 issue of the Texas Register (45 TexReg 3422) and will not be republished. The adopted amendment reflects changes made by House Bill (HB) 1520, 86th Texas Legislature, 2019, that eliminated the requirement for out-of-state certified public accountancy (CPA) firms to be licensed in Texas.
REASONED JUSTIFICATION: HB 1520, 86th Texas Legislature, 2019, updated Texas Occupations Code, §901.461, to eliminate the requirement for out-of-state CPA firms to be licensed in Texas. The amended statute took effect September 1, 2019.
The adopted amendment to §109.23 reflects the changes to Texas Occupations Code, §901.461. Subsection (d)(1)(A) was modified to allow an independent auditor hired by a school district to be associated with a CPA firm that has a current valid license issued by a state licensing agency from another state.
The SBOE approved the proposed amendment for first reading and filing authorization at its April 17, 2020 meeting and for second reading and final adoption at its July 2, 2020 meeting.
In accordance with TEC, §7.102(f), the SBOE approved the amendment for adoption by a vote of two-thirds of its members to specify an effective date earlier than the beginning of the 2021-2022 school year. The earlier effective date will align the rule with statutory changes in a timely manner. The effective date is August 31, 2020.
SUMMARY OF COMMENTS AND RESPONSES: The public comment period on the proposal began May 22, 2020, and ended June 26, 2020. The SBOE also provided an opportunity for registered oral and written comments at its June-July 2020 meeting in accordance with the SBOE board operating policies and procedures. No comments were received.
STATUTORY AUTHORITY. The amendment is adopted under Texas Education Code (TEC), §7.102(c)(32), which authorizes the State Board of Education (SBOE) to adopt rules concerning school district fiscal account audits and budgets; TEC, §44.001, which requires each school district to begin its fiscal year on July 1 or September 1 of each year, as determined by the board of trustees of the district; TEC, §44.007, which requires each school district to annually submit to Texas Education Agency (TEA) a report of its revenues and expenditures for the preceding fiscal year and authorizes the SBOE to prescribe the management, cost accounting, and financial information format to enable the board to monitor the funding process and determine educational system costs; TEC, §44.008, which authorizes the SBOE to establish the format and minimum requirements of the independent audit of school district fiscal accounts; and TEC, §44.010, which requires the school district budgets, fiscal reports, and audit reports filed with TEA to be reviewed and analyzed by TEA to determine whether all legal requirements have been met and to collect fiscal data needed in preparing school fiscal reports for the governor and the legislature.
CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §§7.102(c)(32), 44.001, 44.007, 44.008, and 44.010.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Officemof the Secretary of State on July 20, 2020.
TRD-202002961
Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Effective date: August 31, 2020
Proposal publication date: May 22, 2020
For further information, please call: (512) 475-1497
CHAPTER 232. GENERAL CERTIFICATION PROVISIONS
The State Board for Educator Certification (SBEC) adopts amendments to §§232.1, 232.5, 232.7, 232.9, 232.15, 232.17, 232.19, 232.21, 232.31, and 232.35; the repeal of §§232.3, 232.11, 232.13, 232.23, and 232.25; and new §232.11 and §232.16, concerning general certification provisions. The revisions are adopted without changes to the text as published in the March 20, 2020 issue of the Texas Register (45 TexReg 1925) and will not be republished.
The adopted revisions implement the statutory requirements of House Bills (HBs) 18 and 403 and Senate Bills (SBs) 11 and 37, 86th Texas Legislature, 2019. The adopted revisions provide continuing professional education (CPE) instruction regarding mental health and substance abuse training; training requirements for superintendents regarding sexual abuse and human trafficking; and the removal of student loan default as grounds to deny the renewal of a certificate. Technical changes also clarify processes and reorganize current provisions to improve readability and align citations.
BACKGROUND INFORMATION AND JUSTIFICATION: The SBEC rules in Title 19 Texas Administrative Code (TAC) Chapter 232 are organized as follows: Subchapter A, Certificate Renewal and Continuing Professional Education Requirements, and Subchapter B, National Criminal History Record Information Review of Active Certificate Holders. These subchapters provide for rules that establish the requirements relating to types and classes of certificates issued, certificate renewal, CPE, and national criminal history record information review.
There were several pieces of SBEC-related legislation regarding CPE as a result of the 86th Texas Legislature, 2019. To ensure aligned implementation of these bills for SBEC's consideration, Texas Education Agency (TEA) staff collaborated with other agency staff in the divisions of Special Populations and Special Education throughout the month of October 2019 and conducted a stakeholder meeting on October 24, 2019.
In addition to the following detailed descriptions that incorporates the 2019 enabling legislation, the adopted revisions remove outdated provisions; include technical edits to remove duplicity; provide technical clean-up and formatting edits for clarifications; and provide relettering/renumbering to conform with the Texas Register style and formatting requirements.
Subchapter A. Certificate Renewal and Continuing Professional Education Requirements.
§232.1. General Provisions.
The adopted amendment in §232.1(d) strikes the phrase, "The SBEC may deny renewal if the" and adds the phrase, "An educator may not renew a certificate if the individual," to clarify that SBEC rules determine compliance for certificate renewal purposes.
The adopted amendment in §232.1(e) deletes the provision related to deadlines and fees for certificate renewals, as it is duplicative since it appears in other sections of the chapter.
The adopted amendment in §232.1(f) deletes the provision to comply with SB 37, 86th Texas Legislature, 2019, which prohibits the use of student loan default as grounds to deny the issuance or renewal of an educator certificate.
The adopted amendment in §232.1(g) deletes the provisions related to failure to pay child support as grounds to deny or cancel the renewal of a certificate as it is already covered in §232.7(c).
The adopted amendment in §232.1(h) deletes the provisions related to the reissuance of a Texas lifetime certificate surrendered in lieu of revocation or revoked as certificates are not reissued. If certificates are surrendered or revoked, a new application must be submitted, pursuant to Chapter 230, Professional Educator Preparation and Certification.
Relettered §232.1(e) is adopted with an amendment to write out "Texas Education Code" for technical formatting purposes.
§232.3. Voluntary Renewal of Current Texas Educators.
Section 232.3 was repealed as it is strictly voluntary and not enforceable.
§232.5. Renewal Date for Certificates.
Language in former §232.5(c) that contained the provision relating to educational aide certificate holders qualifying for standard certificate is deleted. Educational aide certificates can no longer be renewed and; therefore, the expiration date of an individual who qualifies for a standard certificate would not be affected by an educational aide certificate date.
Relettered §232.5(c)-(e) is adopted for technical formatting purposes.
§232.7. Requirements for Certificate Renewal.
The adopted amendment in §232.7(a)(4) strikes the reference to paragraphs (2)-(6) to clarify all provisions in subsection (c) are required to be eligible for renewal.
The adopted amendment in §232.7(b)(4) strikes the phrase, "§232.25 of this title (relating to Fees Payable Upon Certificate Renewal or Reactivation)," and replaces it with the phrase "§230.101 of this title (relating to Schedule of Fees for Certification Services," to properly cross-reference the rule chapter regarding fees paid for certification purposes.
The adopted amendment in §232.7(c)(1) provides a technical edit to align renewal requirements with the new provisions in §232.16(c).
The adopted amendment in §232.7(c)(5) deletes the provision to comply with SB 37, 86th Texas Legislature, 2019, which prohibits the use of student loan default as grounds to deny the issuance or renewal of an educator certificate.
The adopted amendment in §232.7(c)(6) strikes the phrase, "pursuant to §232.25 of this title," and replaces it with the phrase, "provided in §230.101 of this title," to properly cross-reference the rule chapter regarding fees paid for certification purposes.
The adopted amendment in §232.7(c) includes renumbering the provisions to paragraphs (5)-(7) for technical formatting purposes.
§232.9. Inactive Status and Late Renewal.
The adopted amendment in §232.9(b) strikes the phrases, "no more than six months" and "and also pay a reactivation fee," regarding the additional payment of a reactivation fee if renewal is longer than six months, as this does not align with practice and the language is in contradiction to §230.101, which prescribes that a reactivation fee cannot be incurred for late renewal purposes.
The adopted amendment deletes §232.9(d) to move this provision regarding auditing compliance with renewal requirements to adopted new §232.16, Verification of Renewal Requirements.
§232.11. Number and Content of Required Continuing Professional Education Hours
Sections 232.11, Number and Content of Required Continuing Professional Education Hours, and 232.13, Number of Required Continuing Professional Education Hours by Classes of Certificates, are repealed to combine and organize these sections in adopted new §232.11, which maintains its former section title, for organizational purposes. Adopted new §232.11 reorganizes current requirements for CPE training by each certificate class; removes duplicative language; and implements recent legislation. These changes provide greater readability and distinguish the requirements of professional development for each certificate class.
Adopted new §232.11(a), (b), and (c) reflect current requirements regarding clock-hours, the renewal period, and the focus of professional development on the standards required for issuance of certificate(s).
Adopted new §232.11(d) maintains the current CPE requirements for classroom teachers to complete 150 hours of CPE for renewal every five years. Adopted new §232.11(d)(2) complies with HB 18 and SB 11, 86th Texas Legislature, 2019, that requires a minimum of 25% (37.5 hours) of total CPE hours in specific instructional areas, where two or more topics can be combined; elaborates on diverse student populations to include those in special education programs who receive services under the Rehabilitation Act of 1973, Section 504, students with mental health conditions or who engage in substance abuse, and students with intellectual or developmental disabilities; and includes how mental health conditions, including grief and trauma, affect student learning and behavior, with specific training requirements pursuant to TEC, §38.036(c)(1), and approved by the commissioner of education.
Adopted new §232.11(e) maintains the current CPE requirements for principals and adds the requirement that a principal as instructional leader complete 200 hours of CPE for renewal every five years. Adopted new §232.11(e)(2) complies with HB 18, 86th Texas Legislature, 2019, that requires a minimum of 25% (50 hours) of total CPE hours in specific instructional areas; includes effective implementation of the Texas Model for Comprehensive School Counseling Programs; includes mental health programs addressing mental health conditions; elaborates on diverse student populations to include those in special education programs who receive services under the Rehabilitation Act of 1973, Section 504, students with mental health conditions or who engage in substance abuse, and students with intellectual or developmental disabilities; and includes how mental health conditions, including grief and trauma, affect student learning and behavior, with specific training requirements that are based on relevant best practice-based and research-based programs that are approved by the commissioner.
Adopted new §232.11(f) maintains the current CPE requirements for school counselors to complete 200 hours of CPE for renewal every five years. Adopted new §232.11(f)(2) complies with HB 18, 86th Texas Legislature, 2019, that requires a minimum of 25% (50 hours) of total CPE hours in specific instructional areas; includes counseling students concerning mental health conditions and substance abuse, including through the use of grief-informed and trauma-informed interventions and crisis management and suicide prevention strategies; and includes effective implementation of the Texas Model for Comprehensive School Counseling Programs.
Adopted new §232.11(g) maintains the current CPE requirements for superintendents to complete 200 hours of CPE for renewal every five years. Adopted new §232.11(g)(2) complies with HB 403, 86th Texas Legislature, 2019, that requires individuals who hold a superintendent certificate that is renewed on or after January 1, 2021, to complete at least 2.5 hours of CPE on identifying and reporting potential victims of sexual abuse, human trafficking, and other maltreatment of children.
Adopted new §232.11(h)-(j) maintains the current CPE requirements for school librarians and learning resources specialists, educational diagnosticians, and reading specialists to complete 200 hours of CPE for renewal every five years.
Adopted new §232.11(k) maintains the current CPE requirements for educators who teach students with dyslexia.
Adopted new §232.11(l) maintains the current CPE optional activities for educators. To comply with HB 18, training in mental health first aid training must be through a classroom setting with in-person attendance, and the educator will obtain twice the number of hours, not to exceed 16 hours.
Adopted new §232.11(m) and (n) maintains the current provisions regarding renewal requirements for educators who hold multiple classes of certificates.
§232.15. Types of Acceptable Continuing Professional Education Activities.
The adopted amendment in §232.15(a)(1) and (2) strikes the phrase, "in content area knowledge and skills related to the certificate(s) being renewed," to provide clarity because some of the statutory requirements for CPE are not directly related to content area knowledge and skills.
The adopted amendment in §232.15(a)(4) strikes the phrase, "subsection or subsection (b) of this," to provide clarity that the phrase refers to the entire section.
§232.16. Verification of Renewal Requirements.
Adopted new §232.16(a), (b), and (d) maintain the current provisions in §232.23 regarding the verification of CPE requirements for educators to provide clarity and readability for educators. The adopted amendment in §232.16(b) provides a technical edit to align verification requirements with adopted new §232.16(c). Adopted new §232.16(c) provides clarity to educators that they are not required to satisfy CPE requirements that are implemented within one year prior to the renewal date. This provides educators with adequate time to comply with any new CPE requirements for renewal purposes.
§232.17. Pre-Approved Continuing Professional Education Provider or Sponsor.
The adopted amendment in §232.17 adds the word "Continuing" to the section title to clarify that the pre-approved providers or sponsors are for CPE purposes.
The adopted amendment in §232.17(a) adds the word "entities" as a clear descriptor of the providers listed in paragraphs (1)-(4) and to match the descriptor in subsection (b). The amendment also removes the word "Registration" to align the cross-reference to the adopted change to the section title of §232.21.
§232.19. Approval of Private Companies, Private Entities, and Individuals as Continuing Professional Education Providers.
The adopted amendment in §232.19 adds the phrase, "as Continuing Professional Education Providers," to the section title to clarify the approval of these entities is for the purpose of providing continuing education training.
The adopted amendment in §232.19 clarifies that entities seeking approval to apply for registration as a CPE provider must comply with the provisions set out in §232.21 regarding provider requirements. The adopted amendment in §232.19(1) maintains the current requirements for CPE provider approval in §232.21. These provisions have been reorganized into this section to reflect application provisions for CPE providers, which is only applicable to entities not pre-approved.
§232.21. Provider Requirements.
The adopted amendment in §232.21 strikes the word "Registration" in the section title to clarify the provider requirements are for pre-approved providers and entities that must apply for registration as CPE providers. This section maintains the current requirements for CPE providers and reorganizes the section for readability and clarity.
The adopted amendment in §232.21(a)(5) deletes the provision related to a CPE provider conducting a self-study due to vagueness and lack of enforceability of the provision.
The adopted amendment in §232.21(f) changes the reference from "section" to "chapter" to clarify that it applies to related provisions in Chapter 232.
§232.23. Verification of Renewal Requirements.
Section 232.23 is repealed as it has been reorganized as §232.16 to move these provisions earlier in the chapter for readability.
§232.25. Fees Payable Upon Certificate Renewal or Reactivation.
Section 232.25 is repealed as it contradicts provisions in §230.101 regarding the schedule of fees for certification services.
Subchapter B. National Criminal History Record Information Review of Active Certificate Holders.
§232.31. Purpose.
The adopted amendment in §232.31(b)(4) adds a definition for pre-enrollment to provide clarification of the process for TEA to transmit identifiable information to the Texas Department of Public Safety (DPS) fingerprinting vendor for individuals to schedule a fingerprinting appointment.
The adopted amendment in §232.31(b) includes renumbering the provisions to paragraphs (5) and (6) for technical formatting purposes.
§232.35. Submission of Required Information.
The adopted amendment in §232.35(a)(1) strikes the phrase, "mailing addresses," to clarify TEA does not require the mailing addresses of educators from the school district for the purposes of fingerprinting.
The adopted amendment in §232.35(a)(3) clarifies that TEA staff uses the identifiable information to return fingerprinting statuses to the school entity and to the DPS or its vendor to pre-enroll educators for the purpose of a national criminal history record information review.
The adopted amendment in §232.35(a)(4) strikes the phrase, "after it submits the names of all its certified educators to the TEA staff," to clarify the process used for educators to submit the required information and adds clarification of the provisions in 19 TAC §230.11(b)(2) or 19 TAC Chapter 153, Subchapter DD, for cross-reference purposes.
The adopted amendment deletes §232.35(b)(3)-(5) to align with current practice of the school districts and TEA no longer performing these activities as they are no longer relevant given all new educators must submit a criminal background check. These rules were put in place originally to provide criminal background checks on all current educators prior to the requirement that all educators applying for certification be fingerprinted.
The adopted amendment in §232.35(c)(1) strikes the phrase, "and shall electronically obtain an authorization form from the TEA staff," to clarify procedures that this practice is not required given updates to the technical process of submissions.
The adopted amendment deletes former §232.35(c)(2) as the process in that provision is no longer used given all new educators must submit a criminal background check.
The adopted amendment in §232.35(c) includes renumbering the provision to paragraph (2) for technical formatting purposes.
SUMMARY OF COMMENTS AND RESPONSES: The public comment period on the proposal began March 20, 2020, and ended April 20, 2020. The SBEC also provided an opportunity for registered oral and written comments on the proposal at the May 1, 2020 meeting in accordance with the SBEC board operating policies and procedures. The following is a summary of the public comments received on the proposal and the responses.
Comment: Thirteen individuals commented in support of proposed §232.11(e)(2)(D) and (f)(2)(E), which would include training on the Texas Model for Comprehensive School Counseling Programs as a CPE requirement for principals and school counselors. The commenters cited the benefits of counselors receiving CPE in mental health aid, coping strategy development, and the social and emotional needs of students.
Response: Agree. The adopted revision reflects a change in the law from HB 18, 86th Texas Legislature, 2019, which requires individuals renewing a principal or counselor certificate to receive training on the effective implementation of the Texas Model for Comprehensive School Counseling Program.
Comment: Seventeen individuals commented in support of proposed §232.1(f) and §232.7(c)(5), which would strike the rule related to denial of certificate renewal due to student loan default. The commenters cited the benefit to educators in not losing their jobs due to inability to pay back student loans.
Response: Agree. The adopted revision reflects a change in the law from SB 37, 86th Texas Legislature, 2019, which prohibits the use of student loan default as grounds to deny the renewal of an educator certificate.
Comment: An individual commented in opposition of proposed §232.1(f) and §232.7(c)(5), which would strike the rule related to denial of certificate renewal due to student loan default. The commenter argued that the rule would punish educators who cannot pay back their student loans by taking away their livelihood is insane.
Response: Disagree. TEA staff believe the commenter is confused and offers the following clarification, which is in agreement with the individual's comments. The adopted revision reflects a change in the law from SB 37, 86th Texas Legislature, 2019, which prohibits the use of student loan default as grounds to deny the renewal of an educator certificate.
Comment: An individual suggested that counselors receive certifications in dealing with students coping with anxiety, depression, and other mental health conditions. The commenter stated that these certifications would be similar to the certifications already available to educators in English as a second language or gifted and talented. The commenter argued that counselors are likely the only option for a student coping with mental health conditions, and therefore, they need specified training in these areas to best provide services to students. The commenter requested separate CPE requirements for counselors to give them specific training in mental health conditions like anxiety and suicidal ideation that they confront frequently in the children they serve. Additionally, the commenter recommended legislation that grants additional funding to schools for hiring counselors to operate at the recommended American School Counselor Association (ASCA) ratio of 1:250.
Response: The comment is outside the scope of the proposed rulemaking. The TEA staff will consider this feedback for future rulemaking under the jurisdiction of the SBEC.
Comment: Educate Texas commented in support of the changes to proposed §232.1(f) and (g) as the changes would streamline the rule by removing student loan default or child support arrearages as reasons for denial of certification. Educate Texas also praised the change to proposed §232.1(h) that would provide clarification that when certificates are surrendered, a new application must be submitted. Educate Texas also supports proposed §232.15 that would allow educators to expand the type of CPE offerings.
Educate Texas supports the transition period for new CPE requirements for renewal purposes in proposed §232.16(c) but suggested to increase accountability for educators outside of the random audits performed as prescribed in SBEC rule. Educate Texas also suggested that TEA increase its role in evaluating the effectiveness and relevance of CPE providers in proposed §232.19 and §232.21, as well as considering a CPE provider renewal process that captures the focus of their trainings and alignment with Texas Teacher Evaluation and Support System (T-TESS) domains to provide information about the value of each provider.
Finally, Educate Texas requested information about the provisions in place for charter schools or non-certified teachers that have committed a lawful infraction. Specifically, Educate Texas asked if TEA has the authority to revoke teaching employment of such educators in Texas schools.
Response: Regarding the commenter's support for adopted §232.1(h) regarding reissuance of surrendered certificates and adopted §232.15 regarding the expansion of CPE choices for educators, SBEC agrees.
Regarding the commenters request for increased accountability for CPE requirements in proposed §232.16(c) and for CPE providers in proposed §232.19 and §232.21, the comments are outside the scope of the proposed rulemaking. The TEA staff will consider this feedback for future rulemaking under the jurisdiction of the SBEC.
Regarding the request for information related to revoking teaching employment for charter schools or non-certified teachers, the comments are outside the scope of the proposed rulemaking but the TEA staff provides the following clarification. SBEC has the authority to revoke the certification of any educator who commits a revocation-worthy offense, regardless of where the educator is working. Moreover, TEC, §22.0832 and §22.0833, and 19 TAC Chapter 153, Subchapter DD, require that charter schools and public school districts fingerprint all employees. Additionally, TEC, §22.085, requires schools to discharge an individual from employment if he or she is convicted or placed on deferred adjudication for an offense requiring the person to register as a sex offender, or convicted of a felony under Texas Penal Code, Title V, Offenses Against the Person, where the victim was under 19. Finally, the 86th Texas Legislature passed HB 3 to further protect the safety and welfare of Texas students by requiring schools to report to TEA when there is evidence that a non-certified employee abused or was involved in an inappropriate relationship with a student or minor and creating a registry of individuals who are not eligible for hire in a Texas public school based on misconduct or criminal history.
The "Do Not Hire Registry" is now available to public and private schools through Texas Education Agency Login (TEAL) and also to the public through the TEA website.
The State Board of Education (SBOE) took no action on the review of amendments to §§232.1, 232.5, 232.7, 232.9, 232.15, 232.17, 232.19, 232.21, 232.31, and 232.35; the repeal of §§232.3, 232.11, 232.13, 232.23, and 232.25; and new §232.11 and §232.16, at the July 2, 2020 SBOE meeting.
SUBCHAPTER A. CERTIFICATE RENEWAL AND CONTINUING PROFESSIONAL EDUCATION REQUIREMENTS
19 TAC §§232.1, 232.5, 232.7, 232.9, 232.11, 232.15, 232.16, 232.17, 232.19, 232.21
STATUTORY AUTHORITY. The amendments and new sections are adopted under Texas Education Code (TEC), §21.003(a), which states a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; TEC, §21.0031(f), which clarifies and places certain limits on provisions authorizing termination of an educator's contract for failure to maintain a valid certificate; TEC, §21.031, which authorizes the State Board for Educator Certification (SBEC) to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public-school educators; TEC, §21.041(b)(1)-(4), 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; require the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; the period for which each class of educator certificate is valid; and the requirements for the issuance and renewal of an educator certificate; TEC, §21.041(b)(7)-(8), which requires the SBEC to propose rules that provide for disciplinary proceedings, including the suspension or revocation of an educator certificate, as provided by Texas Government Code, Chapter 2001; and provide for the adoption, amendment, and enforcement of an educator's code of ethics; TEC, §21.041(b)(9), which requires the SBEC to propose rules that provide for continuing education requirements; TEC, §21.054, as amended by SB 11 and HBs 18, 403, and 2424, 86th Texas Legislature, 2019, which requires the SBEC to propose rules establishing a process for identifying continuing education courses and programs that fulfill educators' continuing education requirements; TEC, §21.0541, which requires the SBEC to propose rules that allow an educator to receive credit towards the educator's continuing education requirements for completion of an instructional course on the use of an automated external defibrillator; TEC, §21.0543, which requires the SBEC to propose rules that provide for continuing professional education (CPE) credit related to digital technology instruction; Texas Occupations Code (TOC), §55.002, which states a state agency that issues a license shall adopt rules to exempt an individual who holds a license issued by the agency from any increased fee or other penalty for failing to renew the license in a timely manner if the individual establishes the individual failed to renew the license in a timely manner because the individual was serving as a military service member; and TOC, §55.003, which states a military service member who holds a license is entitled to two years of additional time to complete any continuing education requirements and any other requirement related to the renewal of the military service member's license.
CROSS REFERENCE TO STATUTE. The amendments and new sections implement Texas Education Code, §§21.003(a); 21.0031(f); 21.031; 21.041(b)(1)-(4) and (7)-(9); 21.054, as amended by Senate Bill 11 and House Bills 18, 403, and 2424, 86th Texas Legislature, 2019; 21.0541; and 21.0543; and Texas Occupations Code, §55.002 and §55.003.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 17, 2020.
TRD-202002950
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Effective date: August 6, 2020
Proposal publication date: March 20, 2020
For further information, please call: (512) 475-1497
STATUTORY AUTHORITY. The repeals are adopted under Texas Education Code (TEC), §21.003(a), which states a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; TEC, §21.0031(f), which clarifies and places certain limits on provisions authorizing termination of an educator's contract for failure to maintain a valid certificate; TEC, §21.031, which authorizes the State Board for Educator Certification (SBEC) to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public-school educators; TEC, §21.041(b)(1)-(4), 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; require the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; the period for which each class of educator certificate is valid; and the requirements for the issuance and renewal of an educator certificate; TEC, §21.041(b)(7)-(8), which requires the SBEC to propose rules that provide for disciplinary proceedings, including the suspension or revocation of an educator certificate, as provided by Texas Government Code, Chapter 2001; and provide for the adoption, amendment, and enforcement of an educator's code of ethics; TEC, §21.041(b)(9), which requires the SBEC to propose rules that provide for continuing education requirements; TEC, §21.054, as amended by Senate Bill 11 and House Bills 18, 403, and 2424, 86th Texas Legislature, 2019, which requires the SBEC to propose rules establishing a process for identifying continuing education courses and programs that fulfill educators' continuing education requirements; TEC, §21.0541, which requires the SBEC to propose rules that allow an educator to receive credit towards the educator's continuing education requirements for completion of an instructional course on the use of an automated external defibrillator; TEC, §21.0543, which requires the SBEC to propose rules that provide for continuing professional education (CPE) credit related to digital technology instruction; Texas Occupations Code (TOC), §55.002, which states a state agency that issues a license shall adopt rules to exempt an individual who holds a license issued by the agency from any increased fee or other penalty for failing to renew the license in a timely manner if the individual establishes the individual failed to renew the license in a timely manner because the individual was serving as a military service member; and TOC, §55.003, which states a military service member who holds a license is entitled to two years of additional time to complete any continuing education requirements and any other requirement related to the renewal of the military service member's license.
CROSS REFERENCE TO STATUTE. The repeals implement Texas Education Code, §§21.003(a); 21.0031(f); 21.031; 21.041(b)(1)-(4) and (7)-(9); 21.054, as amended by Senate Bill 11 and House Bills 18, 403, and 2424, 86th Texas Legislature, 2019; 21.0541; and 21.0543; and Texas Occupations Code, §55.002 and §55.003.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 17, 2020.
TRD-202002952
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Effective date: August 6, 2020
Proposal publication date: March 20, 2020
For further information, please call: (512) 475-1497
STATUTORY AUTHORITY. The amendments are adopted under Texas Education Code (TEC), §21.041(c), which states the State Board for Educator Certification (SBEC) may adopt fees for the issuance and maintenance of an educator certification to adequately cover the cost of the administration; and TEC, §22.0831(f)(1) and (2), which state the SBEC may propose rules regarding the deadline for the national criminal history check and implement sanctions for persons failing to comply with the requirements.
CROSS REFERENCE TO STATUTE. The amendments implement Texas Education Code, §21.041(c) and §22.0831(f)(1) and (2).
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 17, 2020.
TRD-202002951
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Effective date: August 6, 2020
Proposal publication date: March 20, 2020
For further information, please call: (512) 475-1497