DBA - EMPLOYMENT REQUIREMENTS AND RESTRICTIONS: CREDENTIALS AND RECORDS

PROFESSIONAL PERSONNEL

Credentials

A person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, or counselor by the School unless the person holds an appropriate certificate or permit. Any person who desires to be teach in the School shall present the person's certificate for filing with the School before the person's contract with the Board is binding. Education Code 21.003(a) 21.053(b)

An educator who does not hold a valid certificate may not be paid for teaching or work done before the effective date of issuance of a valid certificate. Education Code 21.053(b)

A person may not be employed by the School as an audiologist, occupational therapist, physical therapist, physician, nurse, school psychologist, associate school psychologist, social worker, or speech language pathologist unless the person is licensed by the state agency that licenses that profession. A person may perform specific services within those professions for the School only if the person holds the appropriate credentials from the appropriate state agency.

Education Code 21.003(b)

Additional certification

The SBEC shall provide for a certified educator to qualify for additional certification to teach at a grade level or in a subject area not covered by the educator's certificate upon satisfactory completion of an examination or other assessment of the educator's qualification.

Education Code 21.056

Master Teacher Grant Programs

The School may apply to the Commissioner of Education for grants to be used to pay stipends to certified master reading teachers, master mathematics teachers, master technology teachers, and master science teachers.

Teacher eligibility

The Commissioner shall reduce payments to the School proportionately to the extent a teacher does not meet the requirements for a master teacher for the entire school year.

If a teacher qualifies as a master reading or mathematics teacher for a partial month, the Superintendent will determine how the School counts the partial month, for example, as no month served or as an entire month served. Only whole months shall be entered on the application by the School on the teacher's behalf.

19 TAC 101.1011(g), 102.1013(g)

Designation of teacher

If the School employs more certified master teachers than the number of grants available, the Superintendent shall select the certified master teacher(s) to whom to pay the stipends based, except that the School shall pay a stipend for two additional consecutive school years to a teacher:

The School has selected for and paid a stipend for a school year who remains eligible for a certified master teacher stipend; and

For whom the School receives a grant under this section for those years.

The School's decision is final and may not be appealed.

The School may not apportion among teachers a stipend paid for with a grant the School receives under this program. The School may use local money to pay additional stipends in amounts determined by the district.

Education Code 21.410(g), 21.411(g), 21.412(g), 21.413(g); 19 TAC 102.1011(h), 102.1013(h)

Reduction of stipend

If state funds are appropriated but are insufficient to fully fund a master reading teacher, master mathematics teacher, or master science teacher grant, the Commissioner shall reduce the grant paid to the School and the School shall reduce the stipend the School pays to each teacher under the grant program proportionately so that each selected teacher receives the same amount of money. If funds are insufficient to fully fund a master technology teacher grant, the Commissioner shall determine the method of distributing the funds.

Education Code 21.410(i), 21.411(i), 21.412(i), 21.413(i)

A stipend a teacher receives under this program is not considered in determining whether the School is paying the teacher the minimum monthly salary.

Education Code 21.410(l)

The School must pay state stipends to certified master reading and mathematics teachers no later than 30 days after receipt of the grant by the School.

19 TAC 102.1011(i); Education Code 21.410-413; 19 TAC 102.1011, 102.1013

TEACHERS IN CORE ACADEMIC SUBJECTS

As part of the state plan described at 20 U.S.C. 6311, TEA shall develop a plan to ensure that all teachers teaching in core academic subjects within the state are highly qualified not later than the end of the 2005-06 school year.

"Core Academic Subjects" Defined

The term "core academic subjects" means English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography.

TEACHERS IN TITLE I PROGRAMS

Beginning with the first day of school of 2002-03, each district receiving assistance under Title I, Part A of the ESEA (20 U.S.C. 6301 et seq.) shall ensure that all teachers hired after that day and teaching in a program supported with such federal funds are highly qualified.

'Highly Qualified'

General certification requirement

The term "highly qualified":

When used with respect to any public elementary school or secondary school teacher, means the teacher:
1. Has obtained full state certification as a teacher (including alternative certification); and
2. Has not had certification or licensure requirements waived on an emergency, temporary, or provisional basis.

Subject competency

New elementary teacher

When used with respect to an elementary school teacher who is new to the profession, means the teacher:
1. Holds at least a bachelor's degree; and
2. Has demonstrated, by passing a rigorous state test, subject knowledge and teaching skills in reading, writing, mathematics, and other areas of the basic elementary school curriculum.

New middle or secondary teacher

When used with respect to a middle or secondary school teacher who is new to the profession, means the teacher:
1. Holds at least a bachelor's degree; and
2. Has demonstrated a high level of competency in each of the academic subjects in which the teacher teaches by:
  1. Passing a rigorous state academic subject test in each of the academic subjects in which the teacher teaches; or
  2. Successful completion, in each of the academic subjects in which the teacher teaches, of an academic major, a graduate degree, coursework equivalent to an undergraduate academic major, or advanced certification or credentialing

Existing teacher

When used with respect to an elementary, middle, or secondary school teacher who is not new to the profession, means the teacher holds at least a bachelor's degree and:
1. Has met the applicable standard as detailed above for new teachers; or
2. Demonstrates competence in all academic subjects in which the teacher teaches based on a high objective uniform state standard of evaluation.

No Child Left Behind Act of 2001, 20 U.S.C. 6319(a)(1), 7801(23)

HIGHLY QUALIFIED SPECIAL EDUCATION TEACHERS

General Requirements

Effective July 1, 2005, the term "highly qualified," when used with respect to a special education teacher, means the teacher meets the above requirements, as applicable, and:

Has obtained full state certification as a special education teacher (including alternative certification);
Has not had special education certification or licensure requirements waived on an emergency, temporary, or provisional basis; and
Holds at least a bachelor's degree.

Special education teachers who teach alternative achievement standards or who teach two or more core academic subjects exclusively to children with disabilities must also demonstrate subject matter competence as set forth below.

Teaching Alternative Achievement Standards

New and existing special education teachers who teach core academic subjects exclusively to children who are assessed against alternate achievement standards may:
1. Meet the applicable requirements for any new or existing elementary, middle, or secondary teacher; or
2. In the case of instruction above the elementary level, demonstrate subject matter knowledge appropriate to the level of instruction being provided, as determined by the state, needed to effectively teach to those standards.

Teaching Two Or More Core Academic Subjects

A special education teacher who teaches two or more core academic subjects exclusively to children with disabilities may either:
1. Meet the applicable requirements for any new or existing elementary, middle, or secondary school teacher;
2. In the case of an existing teacher, demonstrate competence in all core academic subjects in which the teacher teaches in the same manner as is required for any other existing elementary, middle, or secondary school teacher. This may include a single, high
3. objective uniform state standard of evaluation covering multiple subjects; or
4. In the case of a new special education teacher who teaches multiple subjects and who is highly qualified in mathematics, language arts, or science, the teacher may demonstrate competence in the other core academic subjects in which the teacher teaches in the same manner as is required for an existing elementary, middle, or secondary school teacher. This may include a single, high objective uniform state standard of evaluation covering multiple subjects. The teacher must demonstrate competence under this section not later than two years after the date of employment. 20 U.S.C. 1401(10)

Notice To Parents: Qualifications

As a condition of receiving assistance under Title I, Part A of the ESEA (20 U.S.C. 6301 et seq.), the School shall, at the beginning of each school year, notify the parents of each student attending any school receiving such funds that the parents may request, and the district shall provide the parents on request (and in a timely manner) information regarding the professional qualifications of the student's classroom teachers, including, at a minimum, the following:

Whether the teacher has met state qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction.
Whether the teacher is teaching under emergency or other provisional status through which state qualification or licensing criteria have been waived.
The baccalaureate degree major of the teacher and any other graduate certification or degree held by the teacher, and the field of discipline of the certification or degree.
Whether the child is provided services by paraprofessionals and, if so, their qualifications.

Additional information

If the School receives such federal funds, the School shall also provide to each individual parent:

Information on the level of achievement of the parent's child in each of the state academic assessments; and
Timely notice that the parent's child has been assigned, or has been taught for four or more consecutive weeks by, a teacher who is not highly qualified.

No Child Left Behind Act of 2001, 20 U.S.C. 6311(h)(6)

CPR CERTIFICATION FOR COACHES AND ACTIVITIES SPONSORS

A School employee who serves as head coach or chief sponsor of an extracurricular athletic activity (including cheerleading) that is sponsored or sanctioned by the School or UIL must maintain and submit to the School proof of current certification in first aid and cardiopulmonary resuscitation issued by the American Red Cross, the American Heart Association, or another organization that provides equivalent training and certification.

The School shall adopt procedures for administering this requirement, including procedures for the time and manner in which proof of current certification must be submitted.

Education Code 33.086

CREDENTIALS SPECIFIC TO TSBVI ASSIGNMENTS

All TSBVI teachers and educational diagnosticians hired after May 31, 2000 must have or obtain the endorsement in Visually Handicapped (VH) issued by the State Board of Educator Certification.

Procedures For Obtaining Endorsement

The Superintendent shall establish procedures under which any teacher or educational diagnostician hired without the endorsement shall obtain the endorsement. The procedures shall address timelines and coursework for obtaining the endorsement and any reasons for granting exceptions to the timelines based on professional or personal circumstances.

Any teacher or educational diagnostician who does not have the endorsement in Visually Handicapped upon hire shall obtain it under the procedures established by the Superintendent.

Orientation And Mobility Instructors

Orientation and Mobility Instructors must be certified by the Academy for Certification of Vision Rehabilitation and Education Professionals by the beginning of their employment.

SCHOOL DISTRICT TEACHING PERMIT

A person who does not hold a teaching certificate may be issued a school district teaching permit. Upon approval by the commissioner, the School may issue a school district teaching permit to and may employ a person who holds a baccalaureate degree. A baccalaureate degree is not required for persons who will teach only career and technology education.

Statement To Commissioner

After employing a person under a school district permit, the School shall promptly send a written statement to the commissioner. This statement must identify the person, the person's qualifications as a teacher, and the subject or class the person will teach. The person may teach the subject or class pending action by the commissioner. If the commissioner finds the person is not qualified to teach, the commissioner shall notify the School in writing not later than the 30th day after the commissioner receives the School's statement.

Duration Of Permit

A person holding a school district teaching permit may teach the subject or class identified to the commissioner for as long as the teacher remains at TSBVI, or until TSBVI revokes the permit for cause.

School district teaching permits are not transferable; each district must comply with the requirements of Education Code 21.055, regardless of whether a person has held a permit in another district, before it may issue such a permit.

Education Code 21.055

REVOCATION OF CERTIFICATE FOR CERTAIN OFFENSES AGAINST CHILDREN

Not later than the fifth day after receiving notice from a court under Code of Criminal Procedure Article 42.018 that a person who holds a certificate issued under Education Code Chapter 21, Subchapter B, has been convicted, SBEC must revoke the person's certificate and provide written notice of the revocation and its basis to the person and to the School, if the School is employing the person at the time.

The revocation and notice requirement applies only if the victim of the offense is under 18 years of age, and only to a conviction of a felony under Penal Code Title 5 or an offense for which the person must register as a sex offender.

Education Code 21.058

FAILURE OF CERTIFICATION

An employee's probationary, term, or continuing contract under Education Code Chapter 21 is void if the employee:

Does not hold a certificate or permit issued by SBEC; or
Fails to fulfill the requirements necessary to extend the employee's temporary or emergency certificate or permit.

This provision does not apply to a certified teacher assigned to teach a subject for which the teacher is not certified.

Education Code 21.0031(a), (e)

PARAPROFESSIONAL PERSONNEL

Credentials

Educational aides shall be certified for the position according to standards established by the State Board for Educator Certification.

29 TAC 230.551

Title I Program Requirements

If the School receives assistance under Title I, Part A of the ESEA (20 U.S.C. 6301 et seq.), the School shall ensure that all paraprofessionals working in a program supported with those funds shall:

Duties

Be assigned only duties consistent with 20 U.S.C. 6319(g).

High School Diploma

Regardless of the paraprofessionals' hiring date, have earned a secondary school diploma or its recognized equivalent.

Higher Education Or Competency Test

If hired after January 8, 2002, have one of the following credentials:
1. Completed at least 2 years of study at an institution of higher education;
2. Obtained an associate's (or higher) degree; or
3. Met a rigorous standard of quality and can demonstrate, through a formal state or local academic assessment:
  1. Knowledge of, and the ability to assist in instructing, reading, writing, and mathematics; or
  2. Knowledge of, and the ability to assist in instructing, reading readiness, writing readiness, and mathematics readiness, as appropriate.

Receipt of a high school diploma is not sufficient to satisfy the formal academic assessment requirement.

Full compliance date

All paraprofessionals hired before January 8, 2002 and working in a program supported with Title I, Part A funds shall satisfy the HIGHER EDUCATION OR COMPETENCY TEST requirement not later than January 8, 2006.

Exceptions

The HIGHER EDUCATION OR COMPETENCY TEST requirements above shall not apply to a paraprofessional:

Who is proficient in English and a language other than English and who provides services primarily to enhance the participation of children in programs under Title I, Part A by acting as a translator; or
Whose duties consist solely of conducting parental involvement activities.

No Child Left Behind Act of 2001, 20 U.S.C. 6319

SCHOOL BUS DRIVERS

Credentials

A school bus driver must:

Be at least 18 years old.
Hold an appropriate class of driver's license for the vehicle being operated.
Pass an annual physical exam and otherwise meet medical and physical requirements established by the Department of Public Safety (DPS). [See DBB]
Have a driving record that is acceptable according to minimum standards adopted by the DPS. A check of the person's driving record shall be made with DPS annually.
Pass a pre-employment driver's license check with the DPS, and maintain a driving record acceptable according to the standards prescribed by the State Board and the DPS. [See ANNUAL EVALUATION, below]
Have an acceptable criminal history record [See DC at CRIMINAL HISTORY RECORDS]. If the School obtains information that a person has been convicted of a felony or misdemeanor involving moral turpitude, it may not employ the person to drive a school bus on which students are transported unless employment is approved by the Board or the Board's designee.
Possess a valid certificate stating that the driver is enrolled in or has completed a driver training course in school bus safety education approved by the DPS.

Trans. Code 521.022(b)-(e); 37 TAC 14.11; 14.12

Annual Evaluation

The School shall evaluate the driver's license record of each school bus driver at least annually to determine if the driver is still eligible to drive a school bus.

Trans. Code 512.022; 37 TAC 14.14

EMPLOYEE ACCESS

All information contained in the personnel file of an employee shall be made available to that employee or the designated representative as public information is made available under the Public Information Act.

Gov't Code 552.102(a)

Special Right

An employee, or an employee's designated representative has, beyond the right of the general public, a special right of access beyond the right of the general public, to records and copies of records held by the School that contain information relating to the person that is protected from public disclosure by laws intended to protect the employee's privacy interests. The School shall not deny to the employee or his or her representative access to information about the employee on the grounds that the information is considered confidential by privacy principles, but may assert as grounds for denial of access other provisions of the Public Information Chapter of the Government Code or other laws that are not intended to protect the employee's privacy interests.

Gov't Code 552.02

If the officer for records determines that information in the employee's records is exempt from disclosure under provisions of the Public Information Act or other laws that are not intended to protect the employee's privacy interests, he or she shall submit a written request for a decision to the attorney general before disclosing the information. If a decision is not requested, the information shall be released not later than the 10th day after the request for information is received.

Gov't Code 552.307

PUBLIC ACCESS

With regard to public access to information in personnel records, custodians of such records shall adhere to the requirements of the Public Information Chapter of the Government Code.

Gov't Code, Ch. 552 [See GBA]

Adopted: 5/8/81

Amended: 6/29/84, 7/12/85, 1/23/87, 7/17/87, 11/12/87, 9/15/88, 6/1/89, 1/26/90, 5/28/92, 5/26/95, 9/29/95, 11/17/95, 11/14/97, 1/26/99, 1/28/00, 9/22/00, 9/21/01, 3/26/02, 11/22/02, 1/30/04, 11/18/05, 1/26/07

Reviewed: 5/31/01

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