Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 89 - ADAPTATIONS FOR SPECIAL POPULATIONS › Subchapter AA - COMMISSIONER'S RULES CONCERNING SPECIAL EDUCATION SERVICES › Division 5 - SPECIAL EDUCATION AND RELATED SERVICE PERSONNEL › Section 89.1131 - Qualifications of Special Education, Related Service, and Paraprofessional Personnel

Current through Reg. 49, No. 28; July 12, 2024
(a) All special
					 education and related service personnel must be certified, endorsed, or
					 licensed in the area or areas of assignment in accordance with 34 Code of
					 Federal Regulations, §300.156; the Texas Education Code,
					 §§21.002, 21.003, and 29.304; or appropriate state agency
					 credentials.
(b) A teacher who
					 holds a special education certificate or an endorsement may be assigned to any
					 level of a basic special education instructional program serving eligible
					 students 3-21 years of age, as defined in §89.1035(a) of this title
					 (relating to Age Ranges for Student Eligibility), in accordance with the
					 limitation of their certification, except for the following.
(1) Persons assigned to provide speech
					 therapy instructional services must hold a valid Texas Education Agency
					 certificate in speech and hearing therapy or speech and language therapy, or a
					 valid state license as a speech/language pathologist.
(2) Teachers holding only a special education
					 endorsement for early childhood education for students with disabilities must
					 be assigned only to programs serving infants through Grade 6.
(3) Teachers certified in the education of
					 students with visual impairments must be available to students with visual
					 impairments, including deaf-blindness, through one of the school district's
					 instructional options, a shared services arrangement with other school
					 districts, or an education service center.
(4) Teachers certified in the education of
					 students who are deaf or hard of hearing must be available to students who are
					 deaf or hard of hearing, including deaf-blindness, through one of the school
					 district's instructional options, a regional day school program for the deaf,
					 or a shared services arrangement with other school districts.
(5) The following provisions apply to
					 physical education.
(A) When the admission,
					 review, and dismissal committee has made the determination and the arrangements
					 are specified in the student's individualized education program, physical
					 education may be provided by the following personnel:
(i) special education instructional or
					 related service personnel who have the necessary skills and
					 knowledge;
(ii) physical education
					 teachers;
(iii) occupational
					 therapists;
(iv) physical
					 therapists; or
(v) occupational
					 therapy assistants or physical therapy assistants working under supervision in
					 accordance with the standards of their profession.
(B) When these services are provided by
					 special education personnel, the district must document that they have the
					 necessary skills and knowledge. Documentation may include, but need not be
					 limited to, inservice records, evidence of attendance at seminars or workshops,
					 or transcripts of college courses.
(6) Teachers assigned full-time or part-time
					 to instruction of students from birth through age two with visual impairments,
					 including deaf-blindness, must be certified in the education of students with
					 visual impairments. Teachers assigned full-time or part-time to instruction of
					 students from birth through age two who are deaf, including deaf-blindness,
					 must be certified in education for students who are deaf and severely hard of
					 hearing.
(7) Teachers with
					 secondary certification with the generic delivery system may be assigned to
					 teach Grades 6-12 only.