reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 249 - DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES › Subchapter D - HEARING PROCEDURES › Section 249.35 - Disposition Prior to Hearing; Default

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  This chapter and 1 Texas Administrative Code (TAC), Part 7, Chapter 155
				  (relating to Rules of Procedure) shall govern disposition prior to hearing,
				  default, and attendant relief.
(b)
				  The Texas Education Agency (TEA) staff or the commissioner of education may
				  issue and sign orders on behalf of the State Board for Educator Certification
				  (SBEC) resolving a case, prior to the issuance of a proposal for decision by
				  the presiding administrative law judge (ALJ) at the State Office of
				  Administrative Hearings (SOAH), by waiver, stipulation, compromise, agreed
				  settlement, consent order, agreed statement of facts, or any other informal or
				  alternative resolution agreed to by the parties and not precluded by
				  law.
(c) The SBEC or the SOAH may
				  dispose of a case through dismissal, partial or final summary disposition, or
				  any other procedure authorized by SOAH rules of procedure prior to a contested
				  case hearing on the merits on the following grounds: unnecessary duplication of
				  proceedings; res judicata; withdrawal; mootness; lack of jurisdiction; failure
				  of a party requesting relief to timely file or file in proper form a pleading
				  that would support an order or decision in that party's favor; failure to
				  comply with an applicable order, deadline, rule, or other requirement issued by
				  the SBEC, the TEA staff, or the presiding ALJ; failure to state a claim for
				  which relief can be granted; or failure to prosecute.
(d) In any contested case hearing conducted
				  pursuant to this chapter, the findings made by a hearing examiner in a
				  proceeding arising under the Texas Education Code, Chapter 21, Subchapter F,
				  shall not be conclusive but, the record of such proceeding, including all
				  testimony and evidence admitted in the hearing, as well as the findings of the
				  hearing examiner, shall be deemed admissible in a proceeding brought pursuant
				  to this chapter and shall be considered by the ALJ and the SBEC in issuing a
				  proposed or final decision.
(e) For
				  purposes of this chapter, the following shall constitute a default in a
				  contested case:
(1) the failure of the
				  respondent to timely file a written answer in proper form as required by this
				  chapter;
(2) the failure of the
				  petitioner in an administrative denial case to timely file a petition in proper
				  form as required by this chapter; or
(3) the failure of the certificate holder or
				  applicant to appear in person or by authorized representative on the day and at
				  the time set for hearing in a contested case, regardless of whether a written
				  answer or petition has been filed.
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 249 - DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES › Subchapter E - POST-HEARING MATTERS › Section 249.36 - Proposal for Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) As appropriate,
				  the presiding administrative law judge (ALJ) shall prepare a proposal for
				  decision containing separately stated findings of fact and conclusions of
				  law.
(b) The ALJ may amend the
				  proposal for decision pursuant to exceptions, replies to exceptions, and
				  briefs.
(c) The ALJ shall submit
				  the proposal for decision to the SBEC, with a copy to each party.
(d) Except as otherwise provided or
				  prohibited by these rules and other applicable law, the SBEC's general counsel
				  may issue procedural directives relating to matters that arise after the
				  submission of the proposal for decision to the SBEC and that are not delegated
				  to the State Office of Administrative Hearings for action or
				  decision.
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 249 - DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES › Subchapter E - POST-HEARING MATTERS › Section 249.37 - Exceptions and Replies

Current through Reg. 49, No. 28; July 12, 2024
(a) A party may
				  file any exceptions to the proposal for decision within 15 calendar days of the
				  date of the proposal for decision. Any replies to the exceptions shall be filed
				  by other parties within 15 calendar days of the filing of exceptions. These
				  time limits may be extended by agreement of the parties and the administrative
				  law judge (ALJ). Exceptions and replies shall be:
(1) served upon the other party by mail,
				  hand-delivery, facsimile, any method allowed by the State Office of
				  Administrative Hearings rules, or any electronic transmission agreed to by the
				  parties; and
(2) filed with the ALJ
				  in accordance with 1 Texas Administrative Code, Part 7, Chapter 155 (relating
				  to Rules of Procedure).
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 249 - DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES › Subchapter E - POST-HEARING MATTERS › Section 249.38 - Review and Presentation of Proposal to Board

Current through Reg. 49, No. 28; July 12, 2024
The State Board for Educator Certification (SBEC) shall
					 review the proposal for decision and any amended proposals for decision, the
					 exceptions and any replies to exceptions, the relevant excerpts from the record
					 of the hearing conducted by the State Office of Administrative Hearings, and
					 oral arguments by the parties (if any) before making a final decision or
					 issuing an order in a case. The SBEC may require the presiding administrative
					 law judge to make a presentation on the proposal for decision at a public
					 meeting of the SBEC.
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 249 - DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES › Subchapter E - POST-HEARING MATTERS › Section 249.39 - Final Decisions and Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  chair having certified a quorum present at a State Board for Educator
				  Certification (SBEC) meeting, a majority vote of the voting members present
				  shall be required to make a final decision on a proposal for decision, an
				  agreed order, or request for issuance of a default judgment, unless provided
				  otherwise by this chapter.
(b)
				  Unless a party or the party's authorized representative, as appropriate, agrees
				  in writing to receive it via facsimile or email, a copy of the SBEC's decision
				  or order shall be delivered by certified mail to the parties or to their
				  authorized representatives, as appropriate. TEA staff shall send the copy by
				  facsimile or email to the State Office of Administrative Hearings (SOAH) if
				  SOAH has issued a proposal for decision in the case.
(c) All final decisions and orders of the
				  SBEC under this chapter shall be in writing and signed by the chair or other
				  board officer on behalf of the majority as provided by this chapter, board
				  operating policies and procedures, and applicable law, unless members of the
				  majority adopting the decision or order exercise their discretion to sign the
				  decision or order. A final decision or order shall include findings of fact and
				  conclusions of law separately stated. The findings of fact or conclusions of
				  law may be adopted by reference to another document.
(d) The SBEC may adopt an order modifying
				  findings of fact or conclusions of law in a proposal for decision submitted by
				  the administrative law judge (ALJ) in accordance with the Texas Government
				  Code, Chapter 2001. The SBEC may remand the matter back to the ALJ with
				  specific instructions for the ALJ to determine an essential finding of fact or
				  to apply the correct burden or standard of proof.
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 249 - DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES › Subchapter E - POST-HEARING MATTERS › Section 249.40 - Motion for Rehearing; Administrative Finality; Appeal

Current through Reg. 49, No. 28; July 12, 2024
(a) A motion for rehearing of the State Board
				  for Educator Certification's (SBEC's) decision in a contested case and the
				  determination of administrative finality shall be governed by the Texas
				  Government Code, Chapter 2001; applicable case law; and this section.
(b) A motion for rehearing unsupported by
				  satisfactory evidence shall be overruled. This subsection does not limit the
				  overruling of a motion for rehearing on other grounds or by operation of
				  law.
(c) Appeals from a final order
				  of the SBEC shall be under the substantial evidence standard of review and
				  governed by the Texas Government Code, Chapter 2001; applicable case law; and
				  this section.
(d) The costs of
				  transcribing the testimony and preparing the record for an appeal by judicial
				  review shall be paid by the party who appeals. Texas Education Agency's
				  services in preparing a record for appeal at the request of another party shall
				  be reimbursed on the same basis as the charges for providing public information
				  pursuant to 1 Texas Administrative Code, Part 3, Chapter 70 (relating to Cost
				  of Copies of Public Information).
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 249 - DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES › Subchapter E - POST-HEARING MATTERS › Section 249.41 - Procedure for Reprimand; Restriction

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Notice. When the State Board for Educator Certification (SBEC) reprimands an
				  educator or restricts an educator's certificate, the Texas Education Agency
				  (TEA) staff shall mail to the educator a copy of the SBEC's order.
(b) Inscribed reprimand.
(1) The TEA staff shall inscribe the
				  reprimand upon the virtual certificate of the educator.
(2) A record of the SBEC's action publicly
				  reprimanding the educator shall become part of the educator's official
				  certification records maintained by the TEA staff.
(3) If known, the TEA staff shall also notify
				  the employing school district of the SBEC's order reprimanding the
				  educator.
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 249 - DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES › Subchapter E - POST-HEARING MATTERS › Section 249.42 - Procedure for the Suspension, Surrender, or Revocation of a Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) When the State Board for Educator
				  Certification (SBEC) issues an order of suspension, surrender, or revocation,
				  the Texas Education Agency (TEA) staff shall mail a copy of the order to the
				  person who formerly held the certificate. If the parties have not agreed to the
				  terms of the order, TEA staff shall send a notice with the order, including the
				  findings of fact and conclusions of law on which the SBEC based its decision,
				  and a statement that should the person desire to request that the SBEC
				  reconsider the decision, the person should file a Motion for Rehearing with the
				  SBEC.
(b) A record of the SBEC
				  action suspending, accepting a surrender, or revoking the certificate shall be
				  recorded on the educator's virtual certificate and shall become part of the
				  person's official records maintained by the TEA staff.
(c) The TEA staff shall also notify the
				  employing school district of the SBEC's order when it becomes administratively
				  final.
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 249 - DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES › Subchapter E - POST-HEARING MATTERS › Section 249.43 - Procedure for Reinstating a Suspended Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) At the end of the suspension period
				  designated by the State Board for Educator Certification (SBEC), the person
				  whose certificate was suspended may submit a written request that the Texas
				  Education Agency (TEA) staff reinstate the certificate, together with proof of
				  compliance with the order of suspension, and payment of the appropriate fee.
				  The TEA staff shall run a criminal background check on an educator who requests
				  reinstatement of a suspended certificate and may deny the reinstatement based
				  on any subsequent criminal history or other misconduct occurring or discovered
				  after the effective date of the order suspending the certificate. The educator
				  must also meet all other requirements necessary to maintain educator
				  certification or, if applicable, to reactivate an inactive standard
				  certificate.
(b) A record of
				  reinstatement of the certificate shall become part of the educator's official
				  certification records and shall be recorded on the educator's virtual
				  certificate together with the record of the suspension.
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 250 - ADMINISTRATION › Subchapter A - PURCHASING › Section 250.1 - Historically Underutilized Business (HUB) Program

Current through Reg. 49, No. 28; July 12, 2024
In accordance with the Texas Government Code, §
					 2161.003, the State Board for Educator Certification adopts by reference the
					 rules of the Comptroller of Public Accounts, found at Title 34 Texas
					 Administrative Code, §§ 20.281- 20.298, concerning the Historically
					 Underutilized Business (HUB) Program.
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 250 - ADMINISTRATION › Subchapter A - PURCHASING › Section 250.3 - Procedures for Protests, Dispute Resolution, and Appeals Relating to Purchasing and Contract Issues

Current through Reg. 49, No. 28; July 12, 2024
(a) Any actual or
				  prospective bidder, offeror, or contractor who is aggrieved in connection with
				  the solicitation, evaluation, or award of a contract under the jurisdiction of
				  the State Board for Educator Certification (SBEC) may formally protest to the
				  director of the Texas Education Agency (TEA) division responsible for
				  purchasing and contracts. Such protests must be in writing and received in the
				  purchasing and contracts director's office within ten working days after such
				  aggrieved person knows, or reasonably should have known, of the occurrence of
				  the action which is protested, unless the director finds that good cause for
				  delay is shown or determines that a protest or appeal raises issues significant
				  to the TEA's procurement practices or procedures.
(b) Formal protests must conform to the
				  requirements of this subsection and subsection (d) of this section, and shall
				  be resolved in accordance with the procedure set forth in subsections (e)-(f)
				  of this section. Copies of the protest must be mailed or delivered by the
				  protesting party to the TEA and to the other interested parties. For the
				  purposes of this section, "interested parties" means all respondents who have
				  submitted bids, proposals, or offers for the contract involved. Names and
				  addresses of all interested parties may be obtained by sending a written
				  request for this information to the purchasing and contracts
				  director.
(c) In the event of a
				  timely protest or appeal under this section, the TEA shall not proceed further
				  with the solicitation or with the award of the contract unless the commissioner
				  of education or the commissioner's designee, in consultation with the
				  purchasing and contracts director, makes a written determination that the
				  expeditious award of the contract is necessary to protect substantial interests
				  of the state. A copy of this determination shall be mailed to the protesting
				  party.
(d) A formal protest
				  petition must be sworn and must contain:
(1) a
				  specific identification of the statutory or regulatory provision(s) that the
				  action complained of is alleged to have violated;
(2) a specific description of each act
				  alleged to have violated the statutory or regulatory provision(s) identified in
				  paragraph (1) of this subsection;
(3) a precise statement of the relevant
				  facts;
(4) an identification of the
				  issue or issues to be resolved;
(5)
				  argument and authorities in support of the protest; and
(6) a statement that copies of the protest
				  have been mailed or delivered to the TEA and other identifiable interested
				  parties.
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 250 - ADMINISTRATION › Subchapter B - RULEMAKING PROCEDURES › Section 250.20 - Petition for Adoption of Rules or Rule Changes

Current through Reg. 49, No. 28; July 12, 2024
(a) Any interested person, as defined in
				  Texas Government Code (TGC), §2001.021, may petition for the adoption,
				  amendment, or repeal of a rule of the State Board for Educator Certification
				  (SBEC) by filing a petition on the form provided in this subsection. The
				  petition shall be signed and submitted to the designated Texas Education Agency
				  (TEA) office. The TEA staff shall evaluate the merits of the petition to
				  determine whether to recommend that rulemaking proceedings be initiated or that
				  the petition be denied.
Attached Graphic
(b) In accordance with TGC
				  , §2001.021, the TEA staff must respond to the petitioner within 60
				  calendar days of receipt of the petition.
(1)
				  Where possible, the recommendation concerning the petition shall be placed on
				  the next SBEC agenda, and the SBEC shall act on the petition within 60 calendar
				  days .
(2) Where the time required
				  to review the petition or the scheduling of SBEC meetings will not permit the
				  SBEC to act on the petition within the required 60 calendar days, the TEA staff
				  shall respond to the petitioner within the required 60 calendar days, notifying
				  the petitioner of the date of the SBEC meeting at which the recommendation will
				  be presented to the SBEC for action.
Texas Administrative Code › Title 19 - EDUCATION › Part 8 - WINDHAM SCHOOL DISTRICT › Chapter 300 - GENERAL PROVISIONS › Section 300.1 - Public Presentations and Comments to the Windham School District Board of Trustees

Current through Reg. 49, No. 28; July 12, 2024
(a) Policy. The
				Windham School District (WSD) Board of Trustees (board) is committed to
				providing access and opportunity for public presentations and comments as
				provided for in this section. Persons not employed by or under contract with
				the WSD who wish to have items placed on the board's posted agenda, shall
				follow the procedures set forth in subsection (h) of this section. Public
				presentations and comments shall be:
(1)
				subject to the requirements and restrictions of subsections (b), (c), (d), (e),
				and (f), of this section;
(2)
				pertinent to issues under the jurisdiction of the board, as determined by the
				board chairman and the WSD superintendent; and
(3) pertinent to policies, procedures,
				standards, and rules of the WSD. Disputes that are appropriately the subject of
				the appeals process for contract non-renewal or employee termination, the
				employee grievance system, the employee disciplinary system, or comments
				regarding pending litigation shall be addressed through those
				processes.
Texas Administrative Code › Title 19 - EDUCATION › Part 8 - WINDHAM SCHOOL DISTRICT › Chapter 300 - GENERAL PROVISIONS › Section 300.2 - Windham School District Board of Trustees Operating Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) General. This section establishes
				operating procedures for the Windham School District (WSD) Board of Trustees
				(board) to conduct business.
(b)
				Organization.
(1) The Texas Board of Criminal
				Justice (TBCJ) serves as the WSD board, pursuant to Chapter 19, Texas Education
				Code. The TBCJ is a nine member body appointed by the governor to oversee the
				Texas Department of Criminal Justice (TDCJ). The TBCJ chairman, who serves as
				the board chairman, is designated by and serves at the request of the governor
				pursuant to Texas Government Code §
										492.005.
(2) The board operates utilizing the same
				officers and structure established by the TBCJ.
(3) The chairman, on behalf of the board, is
				empowered to appoint members of the board to be members or chairs of standing
				or limited-purpose committees, or to serve as liaisons to the WSD on particular
				subject areas within the WSD's jurisdiction. The purpose of a committee, if
				appointed, is to have certain members become particularly familiar with various
				issues and to facilitate discussion and recommend potential strategies as
				appropriate.
Texas Administrative Code › Title 19 - EDUCATION › Part 9 - TEXAS INNOVATIVE ADULT CAREER EDUCATION GRANT PROGRAM ADMINISTRATOR › Chapter 400 - GRANT ADMINISTRATION › Section 400.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) "Program Advisory Board" means the
				Program Advisory Board established by the Grant Administrator to provide input
				and recommendations for the awarding of grants under the Program.
(b) "Grant Administrator" means the governing
				board of the junior college district designated by the Texas Higher Education
				Coordinating Board to be the grant administrator of the Program.
(c) "Nonprofit Organization" means an
				organization exempt from federal income taxation under §501(a), Internal
				Revenue Code of 1986, as an organization described by §501(c)(3) of that
				Code.
(d) "Nonprofit Workforce
				Intermediary and Job Training Organization" means a Nonprofit Organization that
				engages in comprehensive long-term job training in partnership with a Public
				Junior College, Public State College, or Public Technical Institute and
				provides labor market intermediary services to participant students.
(e) "Program" means the Texas Innovative
				Adult Career Education (ACE) Program established under Chapter 136 of the Texas
				Education Code (Chapter 136).
(f)
				"Public Junior College," "Public State College," and "Public Technical
				Institute" have the meanings assigned by § 61.003 of the Texas Education
				Code.
Texas Administrative Code › Title 19 - EDUCATION › Part 9 - TEXAS INNOVATIVE ADULT CAREER EDUCATION GRANT PROGRAM ADMINISTRATOR › Chapter 400 - GRANT ADMINISTRATION › Section 400.2 - Program Advisory Board

Current through Reg. 49, No. 28; July 12, 2024
(a) The Program
				Advisory Board shall provide oversight to ensure that the Grant Administrator:
(1) establishes and adheres to an appropriate
				system that provides acceptable standards for ensuring accountability in the
				awarding and monitoring of grants;
(2) enters into a written grant agreement or
				contract with each grantee that establishes clear goals and obligations in
				unambiguous terms;
(3) acts with
				due diligence to monitor the implementation of a grant agreement, including
				carrying out appropriate monitoring activities including reviews at reasonable
				intervals; and
(4) takes prompt and
				appropriate corrective action on becoming aware of any evidence of a violation
				by a grantee of Chapter 136 or of the rules adopted in this chapter.
Texas Administrative Code › Title 19 - EDUCATION › Part 9 - TEXAS INNOVATIVE ADULT CAREER EDUCATION GRANT PROGRAM ADMINISTRATOR › Chapter 400 - GRANT ADMINISTRATION › Section 400.3 - Purpose of the Grant

Current through Reg. 49, No. 28; July 12, 2024
The Grant Administrator may award grants to eligible
				  Nonprofit Workforce Intermediary and Job Training Organizations to prepare
				  low-income students to enter careers in high-demand, high-wage occupations.
				  Grant funds may be used to develop, support, or expand such
				  programs.
Texas Administrative Code › Title 19 - EDUCATION › Part 9 - TEXAS INNOVATIVE ADULT CAREER EDUCATION GRANT PROGRAM ADMINISTRATOR › Chapter 400 - GRANT ADMINISTRATION › Section 400.4 - Eligibility

Current through Reg. 49, No. 28; July 12, 2024
To be eligible to receive funding under the Adult Career
				  Education (ACE) Grant Program an organization must:
(1) be a Nonprofit Organization;
(2) be a Nonprofit Workforce Intermediary and
				Job Training Organization;
(3)
				provide eligible low-income students, in partnership with Public Junior
				Colleges, Public State Colleges, or Public Technical Institutes:
(A) job training; and
(B) a continuum of services designed to move
				a program participant from application to employment, and to include: outreach,
				assessment, case management, support services, and career placement;
Texas Administrative Code › Title 19 - EDUCATION › Part 9 - TEXAS INNOVATIVE ADULT CAREER EDUCATION GRANT PROGRAM ADMINISTRATOR › Chapter 400 - GRANT ADMINISTRATION › Section 400.6 - Evaluation

Current through Reg. 49, No. 28; July 12, 2024
(a) Applications for grant funding through
				the Adult Career Education (ACE) Grant Program will be evaluated based on the
				criteria established by the Grant Administrator. This includes demonstrating to
				the satisfaction of the Program Advisory Board that the organization's program
				has achieved or will achieve the following key measures:
(1) above average completion of developmental
				education among participating Public Junior College, Public State College, or
				Public Technical Institute students;
(2) above average persistence rates among
				participating Public Junior College, Public State Colleges, or Public Technical
				Institute students;
(3) above
				average certificate or degree completion rates by participating students within
				a three-year period compared to demographically comparable Public Junior
				College, Public State College, and Public Technical Institute students;
				and
(4) entry into careers with
				significantly higher earnings for program participants than previously
				achieved.
Texas Administrative Code › Title 19 - EDUCATION › Part 9 - TEXAS INNOVATIVE ADULT CAREER EDUCATION GRANT PROGRAM ADMINISTRATOR › Chapter 400 - GRANT ADMINISTRATION › Section 400.7 - Reporting Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Reporting for
				the Adult Career Education (ACE) Grant Program is intended to demonstrate to
				the Texas Legislature and others how the funds were used, resulting in success
				rates achieved by Nonprofit Workforce Intermediary and Job Training
				organizations as compared to the most recent student success
				measures.
(b) The grant recipient
				must provide grant activity reports each semester after receiving the initial
				funds disbursement from the Grant Administrator. Reports are due 30 days after
				each semester end based on the state's fiscal year beginning September 1 and
				ending August 31, until all grant funds have been expended.
(c) Grant activity reports shall contain data
				to include unduplicated headcount of participants whose funding is partially
				provided by ACE grant funds as they progress through the program.
(d) Reporting will also require participant
				demographic data to include elements of race/ethnicity and gender as defined by
				Texas Higher Education Coordinating Board (THECB). Baseline categories will be
				used to demonstrate the effect of program participation which pertain to
				achievement gaps, and of interest to the State.
(e) The categories of race/ethnicity used by
				the THECB are White, African American, Hispanic, Asian, Native American,
				International, and Other (Unknown).
(f) Reporting requirements are subject to
				change. The Grant Administrator may request additional information at any
				time.
(g) The time frame of these
				ACE grant funds may not align with a full cycle of participation in a grant
				recipient's program (up to three years) that may be required for a participant
				to progress from developmental courses to a high paying workforce degree. To
				address this alignment issue, reporting may include total program results
				regardless of funding source in order to demonstrate overall success rates of
				the grant recipient's workforce intermediary program in each service and
				results category.
(h) The Grant
				Administrator may engage an audit firm to perform ACE grant compliance audits
				on the premises of grant recipients. Such audits will be conducted with respect
				to compliance with grant requirements, and accounting controls and procedures
				related to how grant funds were used.
(i) Grant recipients must comply with all
				reporting requirements. Failure to do so may result in termination of the grant
				award and the entity being ineligible for future ACE grants.
(j) The Grant Administrator, or its designee,
				may audit the grant recipient's records at any time.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter A - SCOPE; DEFINITIONS › Section 1.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The Rules and Regulations of the Board are set forth for
					 the purpose of interpreting and implementing the Architects' Registration
					 Law.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter B - ELIGIBILITY FOR REGISTRATION › Section 1.21 - Registration by Examination

Current through Reg. 49, No. 28; July 12, 2024
(a) In order to
				  obtain architectural registration by examination in Texas, an Applicant:
(1) shall have a professional degree from:
(A) an architectural education program
				  accredited by the National Architectural Accreditation Board (NAAB),
(B) an architectural education program that
				  became accredited by NAAB not later than two years after the Applicant's
				  graduation,
(C) an architectural
				  education program that was granted candidacy status by NAAB and became
				  accredited by NAAB not later than three years after the Applicant's graduation,
				  or
(D) an architectural education
				  program outside the United States where an evaluation by NAAB or another
				  organization acceptable to the Board has concluded that the program is
				  substantially equivalent to an NAAB accredited professional program;
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter B - ELIGIBILITY FOR REGISTRATION › Section 1.22 - Registration by Reciprocal Transfer

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  person may apply for architectural registration by reciprocal transfer if the
				  person holds an architectural registration that is active and in good standing
				  in another jurisdiction and the other jurisdiction:
(1) has licensing or registration
				  requirements substantially equivalent to Texas registration requirements;
				  or
(2) has entered into a
				  reciprocity agreement with the Board that has been approved by the Governor of
				  Texas.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter B - ELIGIBILITY FOR REGISTRATION › Section 1.23 - Application Process

Current through Reg. 49, No. 28; July 12, 2024
(a) An Applicant
				  for architectural registration by examination must apply through NCARB. The
				  Applicant is responsible for having NCARB transmit to the Board a completed
				  application with all required supporting documentation.
(b) An Applicant for architectural
				  registration by reciprocal transfer may apply through NCARB or through the
				  Board's direct application process. If the Applicant applies through NCARB, the
				  Applicant is responsible for having NCARB transmit to the Board a completed
				  application with all required supporting documentation.
(c) Upon receipt of the completed application
				  and all required supporting documentation and receipt of the required
				  application fee, the Board shall evaluate the Applicant's application
				  materials. The Board may require additional information or documentation from
				  the Applicant.
(d) The Board will
				  notify each Applicant in writing regarding the approval or rejection of the
				  Applicant's application.
(e)
				  Pursuant to the provisions of §
										231.302
				  of the Texas Family Code, each Applicant shall submit his/her social security
				  number to the Board. The Applicant's social security number shall be considered
				  confidential as stated in §
										231.302(e)
				  of the Texas Family Code.
(f) The
				  Board may take action against an Applicant or Candidate pursuant to Section
				  1.151.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter B - ELIGIBILITY FOR REGISTRATION › Section 1.25 - Pending Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) A properly
				  submitted application for registration by examination will be effective for
				  three years from the date it is received by the Board. After three years, the
				  Board may require the Applicant or Candidate to update the application or
				  reapply.
(b) Each Candidate
				  approved for examination must pay an annual record maintenance fee as
				  prescribed by the Board or the Candidate's application file will be closed. A
				  Candidate may reopen an application file that was closed pursuant to this
				  section only after payment of a fee equal to the sum of the record maintenance
				  fees for the current year and each year the file has been closed plus any costs
				  directly related to the reopening of the application file. An application file
				  that has been closed for five years or longer may not be reopened.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter B - ELIGIBILITY FOR REGISTRATION › Section 1.26 - Preliminary Evaluation of Criminal History

Current through Reg. 49, No. 28; July 12, 2024
(a) An Applicant, Candidate or a person
				  enrolled or planning to enroll in an accredited architectural educational
				  program may make a written request to the Board's executive director for a
				  preliminary criminal history evaluation letter which states the person's
				  eligibility for registration under §
										1.149 of
				  this chapter (relating to Criminal Convictions).
(b) A person who requests a criminal history
				  evaluation shall provide the following information:
(1) a statement describing the offenses for
				  which the requestor has a criminal history;
(2) any court documents including, but not
				  limited to, indictments, orders of deferred adjudication, judgments, probation
				  records, and evidence of completion of probation, if applicable;
(3) the names and contact information of the
				  parole or probation department, if any, to which the requestor reports;
				  and
(4) the required fee for
				  determining eligibility.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter B - ELIGIBILITY FOR REGISTRATION › Section 1.27 - Provisional Licensure

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board shall
				  grant a Certificate of Registration or a provisional Certificate of
				  Registration to an otherwise qualified Candidate who has been convicted of an
				  offense that:
(1) is not directly related to
				  the Practice of Architecture as determined by the executive directory under
				  §
											1.149 of
				  this chapter (relating to Criminal Convictions);
(2) is not an offense listed in Article
				  42A.054,
				  Code of Criminal Procedure; and
(3)
				  is not a sexually violent offense, as defined by Article
				  62.001,
				  Code of Criminal Procedure.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter B - ELIGIBILITY FOR REGISTRATION › Section 1.28 - Child Support Arrearage

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to Texas Family Code § 232.0135, the Board
					 shall not approve an application for registration from an Applicant who has
					 failed to pay court ordered child support. The Board shall refuse to approve
					 such an application upon receipt of notice of the child support arrearage from
					 the child support agency until receipt of notice from the agency that the
					 arrearage has been paid or other conditions specified in Texas Family Code
					 § 232.0135 have been met.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter B - ELIGIBILITY FOR REGISTRATION › Section 1.29 - Registration of a Military Service Member, Military Veteran, or Military Spouse

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
(1) "Active duty" means current full-time
				  military service in the armed forces of the United States or active duty
				  military service as a member of the Texas military forces, as defined by
				  Section
				  437.001, Government
				  Code, or similar military service of another state.
(2) "Armed forces of the United States" means
				  the army, navy, air force, coast guard, or marine corps of the United States or
				  a reserve unit of one of those branches of the armed forces.
(3) "Military service member" means a person
				  who is on active duty.
(4)
				  "Military spouse" means a person who is married to a military service
				  member.
(5) "Military veteran"
				  means a person who has served on active duty and who was discharged or released
				  from active duty.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter C - EXAMINATION › Section 1.41 - Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Every Applicant for architectural
				  registration by examination in Texas must successfully complete all sections of
				  the Architect Registration Examination (ARE).
(b) The Board may approve an Applicant to
				  take the ARE only after the Applicant has completed the educational
				  requirements for architectural registration by examination in Texas, has
				  completed at least six (6) months of full-time experience working under the
				  direct supervision of a licensed architect, has enrolled in the Architectural
				  Experience Program (AXP) by establishing a council record with NCARB, and has
				  submitted the required application materials.
(c) An Applicant may take the ARE at any
				  official ARE testing center but must satisfy all Texas registration
				  requirements in order to obtain architectural registration by examination in
				  Texas.
(d) Each Candidate must
				  achieve a passing score in each division of the ARE. Scores from individual
				  divisions may not be averaged to achieve a passing score.
(e) An examination fee may be refunded as
				  follows:
(1) The application fee paid to the
				  Board is not refundable or transferable.
(2) The Board, on behalf of a Candidate, may
				  request a refund of a portion of the examination fee paid to the national
				  examination provider for scheduling all or a portion of the registration
				  examination. A charge for refund processing may be withheld by the national
				  examination provider. Refunds of examination fees are subject to the following
				  conditions:
(A) A Candidate, because of
				  extreme hardship, must have been precluded from scheduling or taking the
				  examination or a portion of the examination. For purposes of this subsection,
				  extreme hardship is defined as a serious illness or accident of the Candidate
				  or a member of the Candidate's immediate family or the death of an immediate
				  family member. Immediate family members include the spouse, child(ren),
				  parent(s), and sibling(s) of the Candidate. Any other extreme hardship may be
				  considered on a case-by-case basis.
(B) A written request for a refund based on
				  extreme hardship must be submitted not later than thirty (30) days after the
				  date the examination or portion of the examination was scheduled or intended to
				  be scheduled. Documentation of the extreme hardship that precluded the
				  applicant from scheduling or taking the examination must be submitted by the
				  Candidate as follows:
(i) Illness:
				  verification from a physician who treated the illness.
(ii) Accident: a copy of an official accident
				  report.
(iii) Death: a copy of a
				  death certificate or newspaper obituary.
(C) Approval of the request and refund of the
				  fee or portion of the fee by the national examination provider.
(3) An examination fee may not be
				  transferred to a subsequent examination.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter C - EXAMINATION › Section 1.42 - Scoring

Current through Reg. 49, No. 28; July 12, 2024
(a) An explanation of the scoring procedures
				  for the ARE shall be provided to each Candidate prior to examination.
(b) A Candidate's ARE scores shall be
				  determined by the entity that administers the examination. The Board shall not
				  review any ARE score to determine its validity.
(c) If, for any reason, a Candidate takes a
				  section or sections of the ARE but does not receive a score for the section or
				  sections, the Board shall have no liability beyond authorizing the Candidate to
				  retake the section or sections with the corresponding fee waived.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter C - EXAMINATION › Section 1.43 - Reexamination

Current through Reg. 49, No. 28; July 12, 2024
(a) In order to
				  qualify for registration by examination, a Candidate must schedule and pass all
				  sections of the Architect Registration Examination (ARE) within the time period
				  required by NCARB.
(b) If a
				  Candidate has successfully passed a section of the examination that has expired
				  under NCARB requirements, the Candidate may request an extended period of
				  validity for that section of the examination if, within one year prior to the
				  date the section expired:
(1) The Candidate
				  gave birth to, or adopted a child;
(2) The Candidate developed a serious medical
				  condition; or
(3) The Candidate
				  commenced active duty service as a member of the United States
				  military.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter C - EXAMINATION › Section 1.44 - Transfer of Passing Scores

Current through Reg. 49, No. 28; July 12, 2024
(a) A Candidate's
				  examination score may be transferred from one NCARB member board to another.
				  The acceptance of the Candidate's score by the board receiving the score shall
				  terminate the Candidate's application with the board transferring the score so
				  that the Candidate has an application pending in only one (1) jurisdiction at
				  any given time. In order to be approved for architectural registration in
				  Texas, a Candidate whose examination score is transferred to Texas must satisfy
				  all requirements for architectural registration in Texas in effect at the time
				  the examination score is transferred.
(b) If a Candidate's examination score is
				  transferred from another member board and accepted by the Board, the Candidate
				  must pass all sections of the examination within the time period required by
				  NCARB, as described by §
										1.43 of this chapter (relating to
				  Reexamination).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 1 - TEXAS BOARD OF ARCHITECTURAL EXAMINERS › Chapter 1 - ARCHITECTS › Subchapter C - EXAMINATION › Section 1.45 - Special Accommodations

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				  accordance with the Americans with Disabilities Act (ADA), every registration
				  examination must be conducted in an accessible place and manner, or alternative
				  accessible arrangements must be afforded so that no qualified individual with a
				  disability is unreasonably denied the opportunity to complete the licensure
				  process because of his/her disability.
(b) Special accommodations can be provided
				  for examinees with physical or mental impairments that substantially limit
				  major life activities. Available accommodations include the modification of
				  examination procedures and the provision of auxiliary aids and services
				  designed to furnish an individual with a disability an equal opportunity to
				  demonstrate his/her knowledge, skills, and ability.
(c) The Board is not required to approve
				  every request for accommodation or auxiliary aid or provide every accommodation
				  or service as requested. The Board is not required to grant a request for
				  accommodation if doing so would fundamentally alter the measurement of
				  knowledge or the measurement of a skill intended to be tested by the
				  examination or would create an undue financial or administrative
				  burden.
(d) Procedure for
				  requesting accommodation:
(1) To protect the
				  integrity of the testing process, an Applicant requesting an accommodation must
				  submit documentation regarding the existence of a disability and the reason the
				  requested accommodation is necessary to provide the Applicant with an equal
				  opportunity to exhibit his/her knowledge, skills, and ability through the
				  examination. The Board shall evaluate each request on a case-by-case
				  basis.
(2) An Applicant requesting
				  an accommodation must have a licensed health care professional or other
				  qualified evaluator provide certification regarding the disability as described
				  in Subsection (e) of this section.
(3) An Applicant seeking an accommodation
				  must make a request for accommodation on the prescribed form and provide
				  documentation of the need for accommodation well in advance of the examination
				  date. If the form is submitted less than sixty (60) days prior to the
				  examination date, the Board will attempt to process the request but might not
				  be able to provide the necessary accommodation for the next
				  examination.