Review of Proposed New 19 TAC Chapter 231, Assignment of Public School Personnel, §231.1, Criteria for Assignment of Public School Personnel
May 22, 2009
COMMITTEE ON SCHOOL INITIATIVES: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item provides the State Board of Education (SBOE) an opportunity to review the State Board for Educator Certification (SBEC) rule action for proposed new 19 TAC Chapter 231, Assignment of Public School Personnel, §231.1, Criteria for Assignment of Public School Personnel. The proposed new section would provide guidance to school districts with regard to the certificates required for specific assignments of public school educators. The proposed new section includes language from 19 TAC §230.601, which would be repealed as part of a separate item in this agenda.
STATUTORY AUTHORITY: The statutory authority for proposed new 19 TAC §231.1 is the Texas Education Code (TEC), §21.031(a) and §21.041(b)(1) and (2).
EFFECTIVE DATE: The proposed effective date of new 19 TAC §231.1 would be June 21, 2009.
PREVIOUS BOARD ACTION: None.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: As a result of the review of rules in 19 TAC Chapter 230, the provisions in 19 TAC §230.601, Assignment of Public School Personnel, would be moved to proposed new 19 TAC Chapter 231, Assignment of Public School Personnel, §231.1, Criteria for Assignment of Public School Personnel.
Proposed new 19 TAC §231.1 would specify the criteria for assignment of public school personnel and would adopt in rule a figure showing a list of assignments with corresponding certificates for each assignment. The proposed new section includes language currently in 19 TAC §230.601, which would be repealed as part of a separate item in this agenda.
The figure that would be adopted in rule in §231.1(e) is organized into three parts. Part I includes the requirements for assignment of teachers. Part II includes the requirements for teachers certified before 1966 and assigned to Grades 6-12. Part III includes the requirements for assignment of administrators, other instructional and professional support personnel, special education related services personnel, and paraprofessional personnel.
Proposed new 19 TAC §231.1 is shown in Attachment II.
SBOE Review of Proposed SBEC Rules
Under TEC, §21.042, the SBEC must submit a written copy of each rule it proposes to adopt to the SBOE for review. The SBOE may reject the proposed rule by a vote of at least two-thirds of the members of the SBOE present and voting.
FISCAL IMPACT: None.
PUBLIC AND STUDENT BENEFIT: The public and student benefit anticipated as a result of proposed new 19 TAC §231.1 would be a clearer and more accessible statement of the requirements relating to the assignment of educators in Texas public schools.
PROCEDURAL AND REPORTING IMPLICATIONS: None.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: None.
PUBLIC COMMENTS: None.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: Stakeholder meetings were held on June 5 and 6, 2008, and November 5, 2008, for the purpose of reviewing and seeking input related to the rule review of 19 TAC Chapter 230, Professional Educator Preparation and Certification. The stakeholders included representatives from school districts, educator preparation programs, professional associations, legislative offices, and TEA staff.
COMMISSIONER'S RECOMMENDATION: I recommend that the State Board of Education:
Take no action on the proposed new 19 TAC Chapter 231, Assignment of Public School Personnel, §231.1, Criteria for Assignment of Public School Personnel.
Respectfully submitted,
Robert Scott
Commissioner of Education
Staff Members Responsible:
Raymond F. Glynn, Deputy Commissioner
School District Leadership and Educator Quality
Jerel Booker, Associate Commissioner
Educator Quality and Standards
Karen Loonam, Deputy Associate Commissioner
Educator Certification and Standards
Melva Cardenas, Director
Educator Credentialing
Attachments:
I. Statutory Citations
II. Text of Proposed New 19 TAC Chapter 231, Assignment of Public School Personnel, §231.1, Criteria for Assignment of Public School Personnel