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. A School employee must have the appropriate credentials, as set forth by the State Board for Educator Certification, for his or her current assignment, unless the appropriate permit has been issued under 19 TAC 230, F Permits.
Education Code 21.003; 19 TAC 231.1(a) [See DBA]
The Principal of a program shall approve all teacher and staff appointments and reassignments for the program from a pool of applicants selected by the School, or of applicants who meet the hiring requirements established by TSBVI, based on criteria developed by the Principal after informal consultation with the faculty. The Superintendent or designee has final placement authority for a teacher transferred because of enrollment shifts or program changes.
Education Code 11.202; Atty. Gen. Op. DM-27(1991)
If the School assigns an inappropriately certified or uncertified teacher (as defined below) to the same classroom for more than 30 consecutive instructional days during the same school year, the Principal shall provide written notice of the assignment to the parents or guardians of students in that classroom.
The Superintendent shall provide the notice not later than the 30th instructional day after the date of the assignment of the inappropriately certified or uncertified teacher. The School shall make a good-faith effort to ensure that the notice is provided in a bilingual form to any parent or guardian whose primary language is not English. The School shall retain a copy of the notice and make information relating to teacher certification available to the public on request.
Inappropriately Certified or Uncertified Teacher
An “inappropriately certified or uncertified teacher” includes an individual serving on an emergency certificate or an individual who does not hold any certificate or permit. It does not include an individual who is:
- Certified and assigned to teach a class or classes outside his or her area of certification, as determined by SBEC rules;
- Serving on a certificate issued due to a hearing impairment under Education Code 21.048;
- Serving on a certificate issued pursuant to enrollment in an approved alternative certification program under Education Code 21.049;
- Certified by another state or country and serving on a certificate issued under Education Code 21.052;
- Serving on a school district teaching permit issued under Education Code 21.055; or
- Employed under a waiver granted by the Commissioner pursuant to Education Code 7.056.
Education Code 21.057; 19 TAC 230.231 [See DBA for parental notice under federal law]
Amended: 3/13/81, 3/12/82, 7/12/85, 1/23/87, 9/15/88, 9/22/89, 9/27/90, 11/30/90, 1/25/91, 5/28/92, 5/26/94, 11/18/94, 1/26/96, 5/24/96, 3/24/00, 1/31/03, 5/25/04, 1/27/06, 1/25/19