reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 150 - COMMISSIONER'S RULES CONCERNING EDUCATOR APPRAISAL › Subchapter AA - TEACHER APPRAISAL › Section 150.1006 - Teacher Orientation

Current through Reg. 49, No. 28; July 12, 2024
(a) A school
				  district shall ensure that a teacher is provided with an orientation of the
				  Texas Teacher Evaluation and Support System (T-TESS) no later than the final
				  day of the first three weeks of school and at least two weeks before the first
				  observation when:
(1) the teacher is new to
				  the district;
(2) the teacher has
				  never been appraised under the T-TESS; or
(3) district policy regarding teacher
				  appraisal has changed since the last time the teacher was provided with an
				  orientation to the T-TESS.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 150 - COMMISSIONER'S RULES CONCERNING EDUCATOR APPRAISAL › Subchapter AA - TEACHER APPRAISAL › Section 150.1007 - Alternatives to the Commissioner's Recommended Appraisal System

Current through Reg. 49, No. 28; July 12, 2024
(a) District option. A school district that
				  does not choose to use the commissioner's recommended appraisal system must
				  develop its own teacher appraisal system supported by locally adopted policy
				  and procedures and by the processes outlined in the Texas Education Code (TEC),
				  §21.352.
(1) The school district-level
				  planning and decision-making committee shall:
(A) develop an appraisal process;
(B) develop evaluation criteria, including
				  discipline management and performance of the teacher's students; and
(C) consult with the campus planning and
				  decision-making committee on each campus in the school district.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 150 - COMMISSIONER'S RULES CONCERNING EDUCATOR APPRAISAL › Subchapter AA - TEACHER APPRAISAL › Section 150.1008 - District Submissions to Regional Education Service Center

Current through Reg. 49, No. 28; July 12, 2024
(a) The superintendent shall notify the
				  executive director of its regional education service center in writing of the
				  district's choice of appraisal system when using an alternative to the
				  commissioner's recommended appraisal system and detail the components of that
				  system by the first day of instruction for the school year in which the
				  alternative system is used.
(b)
				  Each school district shall submit annually to its regional education service
				  center a summary of the campus-level evaluation scores from the Texas Teacher
				  Evaluation and Support System, or the district's locally adopted appraisal
				  system, in a manner prescribed by the commissioner of education.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 150 - COMMISSIONER'S RULES CONCERNING EDUCATOR APPRAISAL › Subchapter AA - TEACHER APPRAISAL › Section 150.1013 - National Board for Professional Teaching Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
				  The following words and terms, when used in this section, have the following
				  meanings, unless the context clearly indicates otherwise.
(1) Charter school--A Texas public school
				  that meets one of the following criteria:
(A)
				  is operated by a charter holder under an open-enrollment charter granted either
				  by the State Board of Education or commissioner of education pursuant to Texas
				  Education Code (TEC), §12.101, identified with its own county district
				  number;
(B) has a charter granted
				  under TEC, Chapter 12, Subchapter C, and is eligible for benefits under TEC,
				  §
												11.174 and §
												48.252;
(C) has a charter granted under TEC, §
												29.259, and Human
				  Resources Code, §
												221.002;
				  or
(D) has a charter granted under
				  TEC, §
												11.157(b).
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 150 - COMMISSIONER'S RULES CONCERNING EDUCATOR APPRAISAL › Subchapter AA - TEACHER APPRAISAL › Section 150.1014 - Teacher Designation Performance Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) Teacher designations shall be determined
				  by:
(1) a teacher meeting a minimum average
				  appraisal score based on:
(A) Domains II and
				  III of the Texas Teacher Evaluation and Support System (T-TESS), as specified
				  in §
												150.1002
				  of this title (relating to Assessment of Teacher Performance), measured on a
				  scale of 1-5 with minimum dimension scores of proficient, as specified in
				  §
												150.1002(c)(3)
				  of this title; or
(B) a locally
				  developed rubric with a score equivalent to the score specified in subparagraph
				  (A) of this paragraph, as determined by Texas Education Agency (TEA); and
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 150 - COMMISSIONER'S RULES CONCERNING EDUCATOR APPRAISAL › Subchapter BB - ADMINISTRATOR APPRAISAL › Section 150.1021 - General Provisions for Principal Appraisal

Current through Reg. 49, No. 28; July 12, 2024
(a) All school districts have two choices in
				  selecting a method to appraise principals: a principal appraisal system
				  recommended by the commissioner of education or a local principal appraisal
				  system.
(b) The commissioner's
				  recommended principal appraisal system, the Texas Principal Evaluation and
				  Support System (T-PESS), was developed in accordance with the Texas Education
				  Code (TEC), §21.3541.
(c) The
				  superintendent of each school district, with the approval of the school
				  district board of trustees, may select the T-PESS. Each school district wanting
				  to select or develop an alternative principal appraisal system must follow the
				  TEC, § 21.3541, and §
										150.1026
				  of this title (relating to Alternatives to the Commissioner's Recommended
				  Principal Appraisal System).
(d)
				  The commissioner may designate a regional education service center to serve as
				  the T-PESS certification provider for the state. The designated regional
				  education service center may collect appropriate fees under the TEC,
				  §8.053, from school districts and open-enrollment charter schools for
				  training and certification.
(e)
				  Sections 150.1022 through 150.1025 of this title apply only to the T-PESS and
				  not to local principal appraisal systems.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 150 - COMMISSIONER'S RULES CONCERNING EDUCATOR APPRAISAL › Subchapter BB - ADMINISTRATOR APPRAISAL › Section 150.1022 - Assessment of Principal Performance

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Each principal shall be appraised on the following standards and indicators of
				  the Texas Principal Evaluation and Support System (T-PESS) rubric that is
				  aligned to the Texas Administrator Standards in Chapter 149 of this title
				  (relating to Commissioner's Rules Concerning Educator Standards).
(1) Standard I. Instructional Leadership,
				  which includes four indicators;
(2)
				  Standard II. Human Capital, which includes four indicators;
(3) Standard III. Executive Leadership, which
				  includes four indicators;
(4)
				  Standard IV. School Culture, which includes five indicators; and
(5) Standard V. Strategic Operations, which
				  includes four indicators.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 150 - COMMISSIONER'S RULES CONCERNING EDUCATOR APPRAISAL › Subchapter BB - ADMINISTRATOR APPRAISAL › Section 150.1023 - Appraisals, Data Sources, and Conferences

Current through Reg. 49, No. 28; July 12, 2024
(a) Each principal must be appraised
				  annually.
(b) The annual principal
				  appraisal shall include:
(1) at least one
				  appraiser-approved goal that shall be:
(A)
				  initially drafted in conjunction with the principal's end-of-year conference
				  from the previous year, as applicable, revised as needed based on changes to
				  the context of the principal's assignment at the beginning of the current
				  school year, and submitted to the principal's appraiser; and
(B) maintained throughout the course of the
				  school year by the principal to track progress in the attainment of goals and
				  the actions taken to achieve the goals;
(C) shared with the principal's appraiser
				  prior to the end-of-year conference; and
(D) used after the end-of-year conference in
				  the determination of ratings for the attainment of goals;
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 150 - COMMISSIONER'S RULES CONCERNING EDUCATOR APPRAISAL › Subchapter BB - ADMINISTRATOR APPRAISAL › Section 150.1024 - Appraiser Qualifications

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  principal appraisal process requires at least one certified
				  appraiser.
(b) Before conducting an
				  appraisal, an appraiser must be certified by having satisfactorily completed
				  the state-approved Texas Principal Evaluation and Support System. Periodic
				  recertification and training may be required.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 150 - COMMISSIONER'S RULES CONCERNING EDUCATOR APPRAISAL › Subchapter BB - ADMINISTRATOR APPRAISAL › Section 150.1025 - Principal Orientation

Current through Reg. 49, No. 28; July 12, 2024
(a) A school
				  district shall ensure that a principal is provided with an orientation of the
				  Texas Principal Evaluation and Support System (T-PESS) either prior to or in
				  conjunction with the pre-evaluation conference, as referenced in §
										150.1023(b)(2)
				  of this title (relating to Appraisals, Data Sources, and Conferences) when:
(1) the principal is new to the
				  district;
(2) the principal has
				  never been appraised under the T-PESS; or
(3) district policy regarding principal
				  appraisal has changed since the last time the principal was provided with an
				  orientation to the T-PESS.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 150 - COMMISSIONER'S RULES CONCERNING EDUCATOR APPRAISAL › Subchapter BB - ADMINISTRATOR APPRAISAL › Section 150.1026 - Alternatives to the Commissioner's Recommended Principal Appraisal System

Current through Reg. 49, No. 28; July 12, 2024
A school district that does not choose to use the
					 commissioner's recommended Texas Principal Evaluation and Support System must
					 develop its own principal appraisal system supported by locally adopted policy
					 and procedures and by the processes outlined in the Texas Education Code (TEC),
					 §21.3541.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 150 - COMMISSIONER'S RULES CONCERNING EDUCATOR APPRAISAL › Subchapter BB - ADMINISTRATOR APPRAISAL › Section 150.1027 - District Submissions to Regional Education Service Center

Current through Reg. 49, No. 28; July 12, 2024
(a) The superintendent shall notify the
				  executive director of its regional education service center in writing of the
				  school district's choice of appraisal system when using an alternative to the
				  commissioner's recommended appraisal system and detail the components of that
				  system by the first day of instruction for the school year in which the
				  alternative system is used.
(b)
				  Each school district shall submit annually to its regional education service
				  center a summary of the evaluation scores from the Texas Principal Evaluation
				  and Support System or the district's locally adopted appraisal system, in a
				  manner prescribed by the commissioner of education.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 150 - COMMISSIONER'S RULES CONCERNING EDUCATOR APPRAISAL › Subchapter BB - ADMINISTRATOR APPRAISAL › Section 150.1028 - Appraisal of Campus Administrators other than Principals

Current through Reg. 49, No. 28; July 12, 2024
(a) Each school district shall evaluate
				  campus administrators other than principals annually.
(b) A school district may use the Texas
				  Principal Evaluation and Support System (T-PESS) to appraise campus
				  administrators other than principals provided the school district makes
				  appropriate modifications to ensure that the T-PESS rubric and components fit
				  the job descriptions of the campus administrators other than principals
				  evaluated with the T-PESS.
(c) Each
				  school district wanting to select or develop a local appraisal system for
				  campus administrators other than principals must follow the TEC,
				  §21.354(c)(2).
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 150 - COMMISSIONER'S RULES CONCERNING EDUCATOR APPRAISAL › Subchapter CC - SUPERINTENDENT APPRAISAL › Section 150.1031 - General Provisions for Superintendent Appraisal

Current through Reg. 49, No. 28; July 12, 2024
(a) All school districts have the following
				  two choices in selecting a method to appraise superintendents:
(1) a superintendent appraisal system
				  recommended by the commissioner of education; or
(2) a local superintendent appraisal
				  system.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 151 - COMMISSIONER'S RULES CONCERNING PASSING STANDARDS FOR EDUCATOR CERTIFICATION EXAMINATIONS › Section 151.1001 - Passing Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) As required by
				the Texas Education Code, §
									21.048(a),
				the commissioner of education shall determine the satisfactory level of
				performance for each educator certification examination and require a
				satisfactory level of performance on each core subject covered by an
				examination. The figures in this section identify the passing standards
				established by the commissioner for educator certification
				examinations.
(b) The figures in
				this subsection identify the passing standards established by the commissioner
				for classroom teacher examinations.
(1) The
				figure in this paragraph identifies the passing standards for early childhood
				through Grade 6 examinations.
Attached
				  Graphic
(2) The
				figure in this paragraph identifies the passing standards for Grades 4-8
				examinations.
Attached
				  Graphic
(3) The
				figure in this paragraph identifies the passing standards for secondary
				mathematics and science examinations.
Attached
				  Graphic
(4) The
				figure in this paragraph identifies the passing standards for secondary English
				language arts and social studies examinations.
Attached
				  Graphic
(5) The
				figure in this paragraph identifies the passing standards for speech and
				journalism examinations.
Attached
				  Graphic
(6) The
				figure in this paragraph identifies the passing standards for fine arts
				examinations.
Attached
				  Graphic
(7) The
				figure in this paragraph identifies the passing standards for health and
				physical education examinations.
Attached
				  Graphic
(8) The
				figure in this paragraph identifies the passing standards for computer science
				and technology applications examinations.
Attached
				  Graphic
(9) The
				figure in this paragraph identifies the passing standards for career and
				technical education examinations.
Attached
				  Graphic
(10) The
				figure in this paragraph identifies the passing standards for bilingual
				examinations.
Attached
				  Graphic
(11) The
				figure in this paragraph identifies the passing standards for languages other
				than English (LOTE) examinations.
Attached
				  Graphic
(12)
				The figure in this paragraph identifies the passing standards for special
				education examinations.
Attached
				  Graphic
(13) The
				figure in this paragraph identifies the passing standards for supplemental
				examinations.
Attached
				  Graphic
(14) The
				figure in this paragraph identifies the passing standards for pedagogy and
				professional responsibilities examinations.
Attached
				  Graphic
(15)
				The figure in this paragraph identifies the passing standards for content
				certification examinations.
Attached
				  Graphic
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 152 - COMMISSIONER'S RULES CONCERNING EXAMINATION REQUIREMENTS › Section 152.1001 - Exceptions to Examination Requirements for Individuals Certified Outside the State

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				provisions. Texas Education Code (TEC), §21.052(a-1), permits the
				commissioner of education to adopt rules establishing exceptions to the
				examination requirements prescribed by TEC, §
									21.052(a)(3),
				for an educator from outside the state, including military service members,
				military spouses, and military veterans, to obtain a certificate in
				Texas.
(b) Definitions. The
				following words and terms, when used in this section, shall have the following
				meanings, unless the context clearly indicates otherwise.
(1) Certification class--A certificate, as
				described in §
										230.33 of this title (relating to
				Classes of Certificates), that has defined characteristics and includes the
				following: superintendent, principal, classroom teacher, school counselor,
				school librarian, educational diagnostician, reading specialist, and master
				teacher.
(2) Educator--An
				individual who is required to hold a certificate issued under TEC, Chapter 21,
				Subchapter B.
(3) Educator from
				outside the state--An applicant certified outside of Texas who has successfully
				completed all requirements for issuance of licensure in another state or
				country.
(4) Equivalent--Covering a
				majority of the same grade level and subject or assignment area as certificates
				issued by the State Board for Educator Certification.
(5) Examination--A standardized test or
				assessment required by statute or State Board for Educator Certification rule
				that governs an individual's certification as an educator.
(6) Military service member--A person who is
				on active duty.
(7) Military
				spouse--A person who is married to a military service member.
(8) Military veteran--A person who has served
				on active duty and who was discharged or released from active duty.
(9) Professional class certificate--A term
				that refers to certificates for duties other than classroom teacher (e.g.,
				superintendent, principal, school counselor, school librarian, educational
				diagnostician, and reading specialist).
(10) Standard certificate--A type of
				certificate issued to an individual who has met all requirements for a given
				class of certification as a classroom teacher.
(11) Texas review of credentials--An internal
				process completed by Texas Education Agency (TEA) to confirm an applicant
				certified outside of Texas meets general requirements for certification
				specified in Chapter 230, Subchapter H, of this title (relating to Texas
				Educator Certificates Based on Certification and College Credentials from Other
				States or Territories of the United States) and Chapter 245 of this title
				(relating to Certification of Educators from Other Countries) and to identify
				the certificate areas the applicant is eligible to pursue in Texas.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 153 - SCHOOL DISTRICT PERSONNEL › Subchapter AA - COMMISSIONER'S RULES CONCERNING SCHOOL DISTRICT PERSONNEL DUTIES AND BENEFITS › Section 153.1001 - Duty-Free Lunch

Current through Reg. 49, No. 28; July 12, 2024
(a) For the
				  purposes of Texas Education Code, §
										21.405, a school
				  district shall use the guidelines in this section to determine what constitutes
				  a personnel shortage, extreme economic conditions, or an unavoidable or
				  unforeseen circumstance.
(b) A
				  personnel shortage exists when, despite reasonable efforts of a school district
				  to use nonteaching personnel or the assistance of community volunteers to
				  supervise students during lunch, there are no other personnel
				  available.
(c) Extreme economic
				  conditions exist when the percentage of a local tax increase, including any
				  amounts necessary to implement this section, would place the district in
				  jeopardy with respect to a potential tax roll-back election as provided in the
				  Texas Property Tax Code, §
										26.08.
(d) Unavoidable or unforeseen circumstances
				  exist when, due to illness, epidemic, or natural or man-made disaster, a school
				  district is unable to find an individual to supervise students during
				  lunch.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 153 - SCHOOL DISTRICT PERSONNEL › Subchapter BB - COMMISSIONER'S RULES CONCERNING PROFESSIONAL DEVELOPMENT › Section 153.1011 - Mentor Program Allotment

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Definitions. The following words and terms, when used in this section, shall
				  have the following meanings, unless the context clearly indicates otherwise.
(1) Beginning teacher--A classroom teacher in
				  Texas who has less than two years of teaching experience in the subject or
				  grade level to which the teacher is assigned.
(2) Classroom teacher--An educator who is
				  employed by a school district in Texas and who, not less than an average of
				  four hours each day, teaches in an academic instructional setting or a career
				  and technical instructional setting. The term does not include a teacher's aide
				  or a full-time administrator. For purposes of this section, a classroom teacher
				  includes an educator who may not yet hold a certificate issued under Texas
				  Education Code (TEC), Chapter 21, Subchapter B.
(3) Mentor teacher--An individual who serves
				  or has served as a teacher in Texas who provides effective support to help
				  beginning teachers successfully transition into the teaching assignment. The
				  term does not include an appraiser as defined by TEC, §
											21.351.
(4) School district--For the purposes of this
				  section, the definition of school district includes open-enrollment charter
				  schools.
(5) Teacher--A
				  superintendent, principal, supervisor, classroom teacher, school counselor, or
				  other school district employee who provides direct instructional support to
				  other teachers.
(6) Teacher of
				  record--An educator who is employed by a school or district and who teaches in
				  an academic instructional setting or a career and technical instructional
				  setting and is responsible for evaluating student achievement and assigning
				  grades.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 153 - SCHOOL DISTRICT PERSONNEL › Subchapter BB - COMMISSIONER'S RULES CONCERNING PROFESSIONAL DEVELOPMENT › Section 153.1013 - Suicide Prevention Training

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				  school districts and open-enrollment charter schools shall provide suicide
				  prevention training as required by the Texas Education Code (TEC),
				  §21.451(d), to all new school district and open-enrollment charter school
				  educators as a part of new employee orientation during the 2016-2017 school
				  year.
(b) Each subsequent school
				  year, school districts and open-enrollment charter schools shall provide
				  suicide prevention training as required by the TEC, §
										21.451(d),
				  to all new school district and open-enrollment charter school educators as a
				  part of new employee orientation.
(c) All school districts and open-enrollment
				  charter schools shall provide suicide prevention training as required by the
				  TEC, §
										21.451(d),
				  to all currently employed school district and open-enrollment charter school
				  educators on or by September 30, 2016.
(d) Suicide prevention training that is
				  required by the TEC, §
										21.451(d),
				  and was provided to existing educators by a school district or open-enrollment
				  charter school on or after September 1, 2013, may be used to meet the
				  requirements of this section if the training program is on the recommended best
				  practice-based list maintained by the Department of State Health Services
				  (DSHS), in coordination with the Texas Education Agency (TEA), or is an online
				  program that meets the TEA guidelines for independent review.
(e) In accordance with the Health and Safety
				  Code, §
										161.325, school
				  districts shall maintain records that include the name of each educator who
				  participated in the suicide prevention training.
(f) Open-enrollment charter schools are
				  encouraged to maintain suicide prevention training records that include the
				  name of each educator who participated in the suicide prevention
				  training.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 153 - SCHOOL DISTRICT PERSONNEL › Subchapter CC - COMMISSIONER'S RULES ON CREDITABLE YEARS OF SERVICE › Section 153.1022 - Minimum Salary Schedule for Certain Professional Staff

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions and eligibility. The
				  following definitions and eligibility criteria apply to the minimum salary
				  schedule in accordance with Texas Education Code (TEC), Chapter 21.
(1) The staff positions employed by public
				  school districts that are entitled to the minimum salary schedule under TEC,
				  §
											21.402,
				  are classroom teachers, full-time librarians, full-time counselors, and
				  full-time nurses.
(A) A classroom teacher is
				  an educator who teaches an average of at least four hours per day in an
				  academic or career and technology instructional setting pursuant to TEC, §
												5.001, focusing on
				  the delivery of the Texas essential knowledge and skills and holds the relevant
				  certificate issued by the State Board for Educator Certification (SBEC) under
				  the provisions of TEC, Chapter 21, Subchapter B. Although non-instructional
				  duties do not qualify as teaching, necessary functions related to the
				  educator's instructional assignment such as instructional planning and
				  transition between instructional periods should be applied to creditable
				  classroom time.
(B) A school
				  librarian is an educator who provides full-time library services and holds the
				  relevant certificate issued by the SBEC under the provisions of TEC, Chapter
				  21, Subchapter B.
(C) A school
				  counselor is an educator who provides full-time counseling and guidance
				  services under the provisions of TEC, Chapter 33, Subchapter A, and holds the
				  relevant certificate issued by the SBEC pursuant to the provisions of TEC,
				  Chapter 21, Subchapter B.
(D) A
				  school nurse is an educator employed to provide full-time nursing and health
				  care services and who meets all the requirements to practice as a registered
				  nurse (RN) pursuant to the Nursing Practice Act and the rules and regulations
				  relating to professional nurse education, licensure, and practice and has been
				  issued a license to practice professional nursing in Texas.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 153 - SCHOOL DISTRICT PERSONNEL › Subchapter DD - CRIMINAL HISTORY RECORD INFORMATION REVIEW › Section 153.1101 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1)
				  Clearinghouse--The criminal history clearinghouse established by the Texas
				  Department of Public Safety (DPS) pursuant to the Texas Government Code, §
										411.0845.
(2) Continuing duties related to contracted
				  services--Work duties that are performed pursuant to a contract to provide
				  services to a school entity on a regular, repeated basis rather than
				  infrequently or one-time only.
(3)
				  Covered contract employee--An individual who:
(A) is employed or offered employment by a
				  service contractor or a subcontractor of a service contractor, is an individual
				  independent contractor of the school entity, or is an individual subcontractor
				  of a service contractor;
(B) has or
				  will have continuing duties related to the contracted services;
(C) has or will have direct contact with
				  students; and
(D) is not a student
				  of (or enrolled in) the school entity for which the services are
				  performed.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 153 - SCHOOL DISTRICT PERSONNEL › Subchapter DD - CRIMINAL HISTORY RECORD INFORMATION REVIEW › Section 153.1103 - Purpose; Required Assistance

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  This subchapter provides rules for the implementation of the criminal history
				  record information review of school entity employees required by the Texas
				  Education Code, Chapter 22, Subchapter C, as amended by Senate Bill 9, 80th
				  Texas Legislature, 2007.
(b) All
				  school entities, private schools, and regional education service centers shall
				  assist the Texas Education Agency in the collection of criminal history record
				  information to facilitate this review.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 153 - SCHOOL DISTRICT PERSONNEL › Subchapter DD - CRIMINAL HISTORY RECORD INFORMATION REVIEW › Section 153.1105 - Criminal History Record Information Review of Persons for Whom a National Criminal History Record Information Review is Not Required

Current through Reg. 49, No. 28; July 12, 2024
(a) A school district or an open-enrollment
				  charter school shall obtain criminal history record information, as provided by
				  the Texas Education Code (TEC), §22.083, on all employees who are not
				  subject to a national criminal history record information review. Persons
				  subject only to a criminal history record information review include, but are
				  not limited to, noncertified administrative support personnel, school bus
				  drivers, and custodial staff hired before January 1, 2008, and charter school
				  employees not working in a position described in the TEC, §12.1059. As
				  defined in §
										153.1101
				  of this title (relating to Definitions), the criminal history record
				  information does not include fingerprint identification information.
(b) A shared services arrangement:
(1) shall obtain criminal history record
				  information on all employees whose duties are performed on school property or
				  at another location where students are regularly present; and
(2) may obtain the same information on all
				  other employees.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 153 - SCHOOL DISTRICT PERSONNEL › Subchapter DD - CRIMINAL HISTORY RECORD INFORMATION REVIEW › Section 153.1107 - Failure to Disclose Criminal Convictions

Current through Reg. 49, No. 28; July 12, 2024
An employee of a school entity, private school, or regional
					 education service center may be discharged pursuant to the Texas Education
					 Code, §
										22.085(d),
					 if the employee fails to disclose information of the employee's conviction of a
					 felony or a misdemeanor involving moral turpitude to the State Board for
					 Educator Certification or to the school entity, private school, or regional
					 education service center.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 153 - SCHOOL DISTRICT PERSONNEL › Subchapter DD - CRIMINAL HISTORY RECORD INFORMATION REVIEW › Section 153.1109 - Noncertified Employees

Current through Reg. 49, No. 28; July 12, 2024
(a) National
				  criminal history record information review.
(1) This section applies to a person
				  described in the Texas Education Code (TEC), §22.0833, that is, any person
				  who is not a holder of or applicant for Texas educator certification under the
				  TEC, Chapter 21, Subchapter B, and who, after January 1, 2008, is offered
				  employment by a school district or an open-enrollment charter school.
(2) This section also applies to such a
				  person who is offered employment by a shared services arrangement, if the
				  employee's or applicant's duties are or will be performed on school property or
				  at another location where students are regularly present.
(3) Before being employed by a school entity,
				  every person to whom this section applies shall submit fingerprint, photograph,
				  and identification information to the Texas Department of Public Safety (DPS)
				  as required by this section. All information shall be submitted in the form the
				  DPS requires for the purpose of being included in the Clearinghouse.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 153 - SCHOOL DISTRICT PERSONNEL › Subchapter DD - CRIMINAL HISTORY RECORD INFORMATION REVIEW › Section 153.1111 - Substitute Teachers

Current through Reg. 49, No. 28; July 12, 2024
(a) National
				  criminal history record information review.
(1) This section applies to a person
				  described in the Texas Education Code (TEC), §
											22.0836,
				  that is, a person who is a substitute teacher for a school entity or who is an
				  applicant for a substitute teaching position.
(2) Before being employed by a school entity,
				  every person to whom this section applies, and who has not previously done so,
				  shall submit fingerprint, photograph, and identification information to the
				  Texas Department of Public Safety (DPS) as required by this section. All
				  information shall be submitted in the form the DPS requires for the purpose of
				  being included in the Clearinghouse.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 153 - SCHOOL DISTRICT PERSONNEL › Subchapter DD - CRIMINAL HISTORY RECORD INFORMATION REVIEW › Section 153.1113 - Charter School Educators

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  National criminal history record information review.
(1) This section applies to a person
				  described in the Texas Education Code (TEC), §
											22.0832,
				  that is, a person who is an employee or an applicant for employment with an
				  open-enrollment charter school in a position to which the TEC, §
											12.1059,
				  applies.
(2) Before being employed
				  by a school entity, every person to whom this section applies, and who has not
				  previously done so, shall submit fingerprint, photograph, and identification
				  information to the Texas Department of Public Safety (DPS) as required by this
				  section. All information shall be submitted in the form the DPS requires for
				  the purpose of being included in the Clearinghouse.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 153 - SCHOOL DISTRICT PERSONNEL › Subchapter DD - CRIMINAL HISTORY RECORD INFORMATION REVIEW › Section 153.1115 - Appeal of the TEA Determination

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Petition.
(1) A person may appeal the Texas
				  Education Agency (TEA) determination of ineligibility for employment under the
				  provisions specified in this paragraph by filing a petition with the TEA within
				  30 days of the date of mailing that determination. The appeal may be based on:
(A) Texas Education Code (TEC), §
												12.1162(b);
(B) TEC, §22.0832;
(C) TEC, §22.0833;
(D) TEC, §22.0836;
(E)
												§
												153.1109
				  of this title (relating to Noncertified Employees);
(F)
												§
												153.1111 of
				  this title (relating to Substitute Teachers); and
(G)
												§
												153.1113
				  of this title (relating to Charter School Educators).
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 153 - SCHOOL DISTRICT PERSONNEL › Subchapter EE - COMMISSIONER'S RULES CONCERNING REGISTRY OF PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC SCHOOLS › Section 153.1201 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) Solicitation of sexual contact
				  --Deliberate or repeated acts that can be reasonably interpreted as the
				  solicitation by an employee of a relationship with a student that is sexual in
				  nature. Solicitation of sexual contact is often characterized by a strong
				  emotional or sexual attachment and/or by patterns of exclusivity but does not
				  include appropriate relationships that arise out of legitimate contexts such as
				  familial connections or longtime acquaintance. The following acts, considered
				  in context, may constitute prima facie evidence of the solicitation by an
				  employee of sexual contact with a student:
(1) behavior, gestures, expressions, or
				  communications with a student that are unrelated to the employee's job duties
				  and evidence a sexual intent or interest in the student, including statements
				  of love, affection, or attraction. Factors that may be considered in
				  determining the intent of such communications or behavior, include, without
				  limitation:
(A) the nature of the
				  communications;
(B) the timing of
				  the communications;
(C) the extent
				  of the communications;
(D) whether
				  the communications were made openly or secretly;
(E) the extent that the employee attempts to
				  conceal the communications;
(F) if
				  the employee claims to be counseling a student, the commissioner of education
				  may consider whether the employee's job duties included counseling, whether the
				  employee reported the subject of the counseling to the student's guardians or
				  to the appropriate school personnel, or, in the case of alleged abuse or
				  neglect, whether the employee reported the abuse or neglect to the appropriate
				  authorities; and
(G) any other
				  evidence tending to show the context of the communications between employee and
				  student;
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 153 - SCHOOL DISTRICT PERSONNEL › Subchapter EE - COMMISSIONER'S RULES CONCERNING REGISTRY OF PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC SCHOOLS › Section 153.1203 - Required Reporting by Administrators

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who serves as the superintendent
				  of a school district or district of innovation or the director of a charter
				  school, regional education service center, or shared services arrangement shall
				  notify the commissioner of education in writing by filing a report within seven
				  business days of the date the person either receives a report from a principal
				  under subsection (b) of this section or knew that an employee was terminated or
				  resigned from employment and there is evidence that he or she committed any of
				  the following acts:
(1) abused or otherwise
				  committed an unlawful act with a student or minor; or
(2) was involved in a romantic relationship
				  with or solicited or engaged in sexual contact with a student or
				  minor.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 153 - SCHOOL DISTRICT PERSONNEL › Subchapter EE - COMMISSIONER'S RULES CONCERNING REGISTRY OF PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC SCHOOLS › Section 153.1205 - Persons Under Investigation

Current through Reg. 49, No. 28; July 12, 2024
(a) Persons
				  under investigation for misconduct following a report under § 153.1203 of
				  this title (relating to Required Reporting by Administrators) are identified by
				  name on the Texas Education Agency (TEA) website.
(b) Within 30 days of receiving a report
				  under § 153.1203 of this title and at least 15 calendar days before
				  identifying a person on the TEA website as under investigation, the
				  commissioner of education shall send the person who is the subject of the
				  report a notice by both first-class U.S. mail and certified mail, return
				  receipt requested, to the person's address in the report:
(1) notifying the person of the report,
				  including a statement of the alleged conduct that forms the basis for the
				  report;
(2) stating that the person
				  must request a State Office of Administrative Hearings (SOAH) hearing within 10
				  days after the date the person receives the notice; and
(3) providing the person with the opportunity
				  to show cause in a written response sent within 10 days of receiving the
				  notice, explaining why the commissioner should not pursue an
				  investigation.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 153 - SCHOOL DISTRICT PERSONNEL › Subchapter EE - COMMISSIONER'S RULES CONCERNING REGISTRY OF PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC SCHOOLS › Section 153.1207 - Request for Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) A person
				  must submit a written request for a hearing before State Office of
				  Administrative Hearings (SOAH) to Texas Education Agency staff in accordance
				  with §
										153.1221
				  of this title (relating to Filing or Serving Documents on the Texas Education
				  Agency Staff or the Administrative Law Judge) within ten days after the person
				  receives notice as described in §
										153.1205
				  of this title (relating to Persons Under Investigation).
(b) If a person does not timely request a
				  hearing, the commissioner of education will issue a final order with a
				  determination as to whether a preponderance of the evidence supports a
				  conclusion that the person:
(1) abused or
				  otherwise committed an unlawful act with a student or minor; or
(2) was involved in a romantic relationship
				  with or solicited or engaged in sexual contact with a student or
				  minor.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 153 - SCHOOL DISTRICT PERSONNEL › Subchapter EE - COMMISSIONER'S RULES CONCERNING REGISTRY OF PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC SCHOOLS › Section 153.1209 - Jurisdiction

Current through Reg. 49, No. 28; July 12, 2024
(a) A contested case commences under this
				  subchapter when a notice of hearing in accordance with §
										153.1229 of
				  this title (relating to Notice of Hearing) is properly served by the Texas
				  Education Agency (TEA) staff on the person at the address included in the
				  report under §
										153.1203
				  of this title (relating to Required Reporting by Administrators ).
(b) The TEA staff shall refer the case to the
				  State Office of Administrative Hearings (SOAH) if the TEA staff determines a
				  person has timely requested a hearing pursuant to §
										153.1205
				  of this title (relating to Persons Under Investigation) and Texas Education
				  Code, §
										22.094(c).
(c) Jurisdiction of the SOAH is determined by
				  the administrative law judge under Texas Administrative Code, Title 1, Part 7,
				  Chapter 155 (relating to Rules of Procedure), and this subchapter after the TEA
				  staff have referred the case to the SOAH.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 153 - SCHOOL DISTRICT PERSONNEL › Subchapter EE - COMMISSIONER'S RULES CONCERNING REGISTRY OF PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC SCHOOLS › Section 153.1211 - Powers and Duties of Administrative Law Judge

Current through Reg. 49, No. 28; July 12, 2024
The powers and duties of an administrative law judge are
					 determined by Texas Administrative Code, Title 1, Part 7, Chapter 155 (relating
					 to Rules of Procedure).
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 153 - SCHOOL DISTRICT PERSONNEL › Subchapter EE - COMMISSIONER'S RULES CONCERNING REGISTRY OF PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC SCHOOLS › Section 153.1213 - Recusal and Disqualification of Administrative Law Judge

Current through Reg. 49, No. 28; July 12, 2024
The recusal or disqualification of an administrative law
					 judge shall be governed by Texas Administrative Code, Title 1, Part 7, Chapter
					 155 (relating to Rules of Procedure).
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 153 - SCHOOL DISTRICT PERSONNEL › Subchapter EE - COMMISSIONER'S RULES CONCERNING REGISTRY OF PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC SCHOOLS › Section 153.1215 - Substitution of Administrative Law Judge

Current through Reg. 49, No. 28; July 12, 2024
Substitution of an administrative law judge shall be
					 governed by Texas Administrative Code, Title 1, Part 7, Chapter 155 (relating
					 to Rules of Procedure).
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 153 - SCHOOL DISTRICT PERSONNEL › Subchapter EE - COMMISSIONER'S RULES CONCERNING REGISTRY OF PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC SCHOOLS › Section 153.1217 - Classification of Parties; Current Addresses

Current through Reg. 49, No. 28; July 12, 2024
(a) Regardless of errors as to designation of
				  a party, parties shall be accorded their true status in the
				  proceeding.
(b) In a contested case
				  proceeding under this subchapter, Texas Education Agency (TEA) staff on behalf
				  of the commissioner of education shall have the burden of proof to show, by a
				  preponderance of the evidence, entitlement to relief.
(c) Parties shall keep the TEA staff apprised
				  of their current addresses and shall notify the TEA staff of a change of
				  address within five calendar days of the effective date of such
				  change.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 153 - SCHOOL DISTRICT PERSONNEL › Subchapter EE - COMMISSIONER'S RULES CONCERNING REGISTRY OF PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC SCHOOLS › Section 153.1219 - Representation of Parties

Current through Reg. 49, No. 28; July 12, 2024
(a) Representatives
				  of parties shall notify the State Office of Administrative Hearings (SOAH) and
				  other parties of the representation.
(b) Parties in contested cases before the
				  SOAH may represent themselves or be represented by an attorney licensed to
				  practice law in the State of Texas.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 153 - SCHOOL DISTRICT PERSONNEL › Subchapter EE - COMMISSIONER'S RULES CONCERNING REGISTRY OF PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC SCHOOLS › Section 153.1221 - Filing or Serving Documents on the Texas Education Agency Staff or the Administrative Law Judge

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				  original papers shall be served upon the Texas Education Agency (TEA) staff:
(1) request for a contested case hearing
				  under this subchapter;
(2)
				  exceptions and replies to the proposal for decision of the administrative law
				  judge (ALJ); and
(3) motions for
				  rehearing.