Texas Register, Volume 38, Number 35, Pages 5587-5800, August 30, 2013 Page: 5,655
5587-5800 p. ; 28 cm.View a full description of this periodical.
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This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on August 19, 2013.
TRD-201303487
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: October 24, 2013
For further information, please call: (512) 427-6114
PART 7. STATE BOARD FOR
EDUCATOR CERTIFICATION
CHAPTER 230. PROFESSIONAL EDUCATOR
PREPARATION AND CERTIFICATION
SUBCHAPTER B. GENERAL CERTIFICATION
REQUIREMENTS
19 TAC 230.15
The State Board for Educator Certification (SBEC) proposes
new 230.15, concerning professional educator preparation
and certification. The proposed new section would establish
provisions for the certification of military services members,
military spouses, and military veterans.
Proposed new 19 TAC 230.15 would be necessary as a result of
Senate Bill (SB) 162, 83rd Texas Legislature, Regular Session,
2013, which requires all state licensing agencies to adopt rules
that implement the requirements of the Texas Occupations Code
(TOC), Chapter 55, regarding the licensing of military service
members, military spouses, and military veterans by January 1,
2014. The following describes proposed new 19 TAC 230.15
in response to SB 162.
Proposed new 19 TAC 230.15(a) would provide that, in the
event of conflict with any other SBEC rule, this section and the
TOC, Chapter 55, would apply to the certification of military ser-
vice members, military spouses, and military veterans. Pro-
posed new 230.15(b) would implement the TOC, 55.005, re-
quirement that the applications of military spouses be processed
as soon as practicable. Proposed new 230.15(c) would imple-
ment the TOC, 55.006, which provides that the military spouse
receive notice of the requirements for standard certification as
soon as practicable after the issuance of a one-year certificate.
Proposed new 230.15(d) would implement the TOC, 55.004,
which provides that a military spouse's standard Texas certificate
that has expired within five years preceding the spouse's Texas
application date, while the military spouse lived outside Texas
for at least six months, may be renewed by the military spouse.
Proposed new 230.15(e) would implement the TOC, 55.007,
which provides that verified military service, training, or educa-
tion be credited toward the training, education, work experience,
or related requirements (other than certification examination re-
quirements) for educator certification.
The proposed new section would have no procedural and report-
ing implications. Also, the proposed new section would have no
locally maintained paperwork requirements.Michele Moore, associate commissioner for educator leadership
and quality, has determined that for the first five-year period the
proposed new section is in effect there will be no fiscal impli-
cations for state or local government as a result of enforcing or
administering the proposed new section.
Ms. Moore has determined that for the first five-year period the
proposed new section is in effect the public and student benefit
anticipated as a result of the proposed new section would be the
implementation of statutory provisions expediting and facilitating
the educator certification of military service members, military
spouses, and military veterans. There are no additional costs to
persons required to comply with the proposed new section.
In addition, there is no direct adverse economic impact for small
businesses and microbusinesses; therefore, no regulatory flexi-
bility analysis, specified in Texas Government Code, 2006.002,
is required.
Comments on the proposal may be submitted to Cristina De
La Fuente-Valadez, Rulemaking, Texas Education Agency,
1701 North Congress Avenue, Austin, Texas 78701, (512)
475-1497. Comments may also be submitted electronically
to sbecrules@tea.state.tx.us or faxed to (512) 463-5337. All
requests for a public hearing on the proposed new section sub-
mitted under the Administrative Procedure Act must be received
by the Department of Educator Leadership and Quality, Texas
Education Agency, 1701 North Congress Avenue, Austin, Texas
78701, Attention: Ms. Michele Moore, associate commissioner
for educator leadership and quality, not more than 14 calendar
days after notice of the proposal has been published in the
Texas Register.
The new section is proposed under the Texas Education Code
(TEC), 21.041 (b)(2), which requires the State Board for Educa-
tor Certification (SBEC) to propose rules that specify the classes
of educator certificates to be issued, including emergency certifi-
cates; 21.041(b)(4), which requires the SBEC to propose rules
that specify the requirements for the issuance and renewal of
an educator certificate; 21.044(a), which authorizes the SBEC
to propose rules establishing the training requirements a person
must accomplish to obtain a certificate, enter an internship, or
enter an induction-year program and specify the minimum aca-
demic qualifications required for a certificate; and Texas Occu-
pations Code, 55.004, which provides an alternative licensing
procedure for military spouses; 55.005, which provides an ex-
pedited licensing procedure for military spouses; 55.006, which
provides for renewal of an expedited license issued to a mili-
tary spouse; and 55.007, which provides that verified military
service, training, and education be credited toward licensing re-
quirements.
The proposed new section implements the TEC, 21.041(b)(2)
and (4) and 21.044(a), and Texas Occupations Code,
55.004-55.007.
230.15. Certification of Military Service Members, Military
Spouses, and Military Veterans.
(a) In the event of conflict with any other State Board for Edu-
cator Certification rule codified in the Texas Administrative Code, Title
19, Part 7; policy; or procedure, this section and the Texas Occupations
Code, Chapter 55, as amended, shall apply to the certification of mili-
tary service members, military spouses, and military veterans.
(b) The application for certification of a military spouse, in-
cluding an application based upon certification by a jurisdiction other
than Texas that has certification requirements substantially similar toPROPOSED RULES August 30, 2013 38 TexReg 5655
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Texas. Secretary of State. Texas Register, Volume 38, Number 35, Pages 5587-5800, August 30, 2013, periodical, August 30, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth342086/m1/69/: accessed April 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.