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DP (TSBVI) Personnel Positions

All job descriptions will indicate which job duties are essential to the position.

PRINCIPALS

Qualifications

The Board, by local policy, shall adopt qualifications for principals. Education Code 11.202(c)

Certification

State Board for Educator Certification (SBEC) rules establish the requirements for receiving a principal certificate and for first-time principals in Texas. 19 TAC Ch. 241

Principals are required to:

  1. Successfully complete the appropriate examinations required under 19 TAC 230.;
  2. Hold a master’s degree from an accredited institution of higher education recognized by the Higher Education Coordinating Board;
  3. Hold a valid classroom teaching certificate, Principal, Mid-management Administrator, Administrator, or Superintendent certificate according to SBEC rules; certification endorsement in Visually Impaired, certification as Orientation and Mobility specialist, or Board-approved equivalent;
  4. Have two years of creditable teaching experience as a classroom teacher, as defined by 19 TAC Chapter 153 and Education Code 5.001 (2); and
  5. Successfully complete a principal preparation program that meets the requirements of 19 Administrative Code 241.10 (Preparation Program Requirements), 19 Administrative Code 241.15 (Standards Required for the Principal Certificate), 19 Administrative Code Chapter 227 (Provisions for Educator Preparation Candidates), and 19 Administrative Code Chapter 228 (Requirements for Educator Preparation Programs).

19 TAC 241.20

In addition, Principals must possess:

  1. Three years of classroom teaching experience plus demonstrated administrative ability.
  2. Knowledge of curriculum, instructional methods and resources.
  3. Ability to provide leadership and direction to improve teacher effectiveness and quality instruction.
  4. Ability to foster effective communication among instructional staff, parents, and other professional staff.

Supervisor:

The Principal is supervised by the Superintendent.

Supervises

The Principal supervises teachers and aides, Assistant Principal(s), the Residential Director, clerical staff, and instructional support personnel assigned.

Responsibilities

The role of the Principal is to coordinate and direct the efforts of the School and residential program in the achievement of program objectives. The Principal works to improve staff effectiveness, provide administrative support and ensure provision of appropriate instructional programs for students.

Duties

The principal shall be the instructional leader of the School and shall be provided with adequate training and personnel assistance to assume that role. Education Code 11.202(a)

A Principal shall:

  1. Approve all teacher and staff appointments to the program. [See Policy DK]
  2. Set specific education objectives for the program, through the planning process.
  3. Plan for budgetary needs and manage budgets in assigned areas.
  4. Assume administrative responsibility and instructional leadership, under the supervision of the Superintendent, for the discipline and behavior management program.
  5. Assign, evaluate and promote all personnel assigned to the program. [See Policy DK]
  6. Recommend to the Superintendent the termination, suspension, or nonrenewal of an employee assigned to the program.
  7. Perform any other duties assigned by the Superintendent pursuant to board policy.
  8. Regularly consult with the Schoolwide Committee in the planning, operation, supervision, and evaluation of the educational program. [See Policy BQ series]
  9. Each school year, with the assistance of the Schoolwide Committee, develop, review, and revise the campus improvement plan. [See Policy BQ series]
  10. (For high school principal only) Serve, or appoint someone to serve, as deputy voter registrar for Travis County where the School is located. Election Code 13.046; 1 TAC 81.7

Education Code 11.202(b),.253(c), (h), [See also Policy DMA]

Principal’s Report to Superintendent

Educators

A Principal must notify the Superintendent not later than the seventh business day after the date:

  1. Of an educator’s termination of employment or resignation following an alleged incident of misconduct under Education Code 26.001(b); or
  2. The Principal knew about an educator’s criminal record under Education Code 21.006(b)(1).

Education Code 21.006(b-2); 19 TAC 249.14(e) [See Required Reports at Policy DHB]

Noncertified Employees

A Principal must notify the Superintendent not later than the seventh business day after the date of a noncertified employee’s termination or resignation following allegations that the employee:

  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.

Education Code 22.093(e) [See Principal Notification at Policy DHC]

Sanctions and Administrative Penalty

SBEC determines whether to impose sanctions, including an administrative penalty, against a Principal who fails to provide notification to the Superintendent. Education Code 21.006 (f);22.093(i) 19 TAC 249.14(e),(h)

If the Principal is required to notify a Superintendent about an educator’s criminal record or alleged incident of misconduct and fails to provide the notice by the required date, SBEC may impose an administrative penalty of not less than $500 and not more than $10,000. SBEC may not renew the certification of an educator against whom an administrative penalty is imposed until the penalty is paid. Education Code 21.006 (j)

Criminal Offense

A Principal required to notify the Superintendent about an educator’s criminal record or alleged incident of misconduct commits a state jail felony if the Principal fails to provide the notice by the required date with the intent to conceal an educator’s criminal record or alleged incident of misconduct. Education Code 21.006(b-2)j; 22.093(k)

School nurse

Minimum Salary Schedule

For purposes of the minimum salary schedule, 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. 19 TAC 153.1022(a)(1)(D)

Licensed Vocational Nurse

The practice of vocational nursing must be performed under the supervision of an RN, physician, physician assistant, podiatrist, or dentist. Occupations Code 301.353

Supervision is the process of directing, guiding, and influencing the outcome of an individual’s performance of an activity. 22 TAC 217.11(2)

Nursing Peer Review Committee

“Nursing peer review committee” includes a committee established under the authority of the governing body of a political subdivision for the purpose of conducting peer review.

A person shall establish a nursing peer review committee to conduct nursing peer review under Occupations Code Chapter 303 and Chapter 301:

  1. For vocational nurses, if the person regularly employs, hires, or contracts for the services of eight or more nurses; and
  2. For professional nurses, if the person regularly employs, hires, or contracts for the services of eight or more nurses, at least four of whom are RNs.

A person required to establish a nursing peer review committee under this section may contract with another entity to conduct peer review for the person.

Occupations Code 303.001(4), .0015

CERTIFIED SCHOOL COUNSELOR

Note:   Education Code 33.002 regarding certified school counselors applies only to school districts that apply for, receive, and allocate funds under Education Code 33.002(a).

TSBVI (with fewer than 500 students enrolled in elementary school grades) shall provide guidance and counseling services to elementary school students by any of the following methods:

  1. Employing a part-time certified school counselor.
  2. Employing a part-time teacher who is also certified as a school counselor.
  3. Entering into a shared services agreement with one or more school districts to share a certified school counselor.

Education Code 33.002

Note:   Education Code 33.006 applies to all school districts that employ school counselors.

School Counselor Duties

The primary responsibility of a school counselor is to counsel students to fully develop each student’s academic, career, personal, and social abilities. In addition, a school counselor shall:

  1. Participate in planning, implementing, and evaluating a comprehensive developmental guidance program to serve all students and to address the special needs of students who are:
    1. At risk of dropping out of school, becoming substance abusers, participating in gang activity, or committing suicide; or
    2. In need of modified instructional strategies; or
    3. Gifted and talented, with emphasis on identifying and serving gifted and talented students who are educationally disadvantaged;
  2. Consult with students’ parents or guardians and make referrals as appropriate in consultation with parents or guardians;
  3. Consult with school staff, parents, and other community members to help them increase the effectiveness of students’ education and promote student success;
  4. Coordinate people and resources in the school, home, and community;
  5. With the assistance of school staff, interpret standardized test results and other assessment data that help a student make educational and career plans;
  6. Deliver classroom guidance activities or serve as a consultant to teachers conducting lessons based on the school’s guidance curriculum; and
  7. Serve as an impartial, non-reporting resource for interpersonal conflicts and discord involving two or more students, including accusations of bullying under Education Code 37.0832.

Nothing in item 7, above, exempts a school counselor from any mandatory reporting requirements imposed by other provisions of law.

School Counselor Policy

A board shall adopt a policy that requires a school counselor to spend at least 80 percent of the school counselor’s total work time on duties that are components of the district’s comprehensive school counseling program under Education Code 33.005. [See Policy FFEA] Time spent in administering assessment instruments or providing other assistance in connection with assessment instruments,

except time spent in interpreting data from assessment instruments, is not considered time spent on counseling.

Each school in the district shall implement the policy. A copy of the policy shall be maintained in the office of each school in the district and made available on request during regular school hours to district employees, parents of district students, and the public.

Exception

If a board determines that, because of staffing needs in the district or at a school in the district, a school counselor must spend less than 80 percent of the school counselor’s total work time on duties that are components of the district’s comprehensive school counseling program, the policy shall:

  1. Include the reasons why the counselor needs to spend less than 80 percent of the counselor’s work time on duties that are components of the counseling program;
  2. List the duties the counselor is expected to perform that are not components of the counseling program; and
  3. Set the percentage of work time that the counselor is required to spend on components of the counseling program.

School Counselor Contracts

A district may not include a provision in an employment contract with a school counselor under Education Code Chapter 21 that conflicts with the policy or, except as provided below, has the effect

of authorizing a school principal or school district superintendent to require a school counselor to generally perform duties that are not primarily related to a counseling function.

A district that complies with the exception above may not include a provision in an employment contract under Education Code Chapter 21 with an affected school counselor that has the effect of requiring the counselor to generally perform a duty that is not primarily related to a counseling function unless the duty is specified in the district’s policy as required above.

Education Code 33.006(a)-(g)

Tracking and Documentation

A district shall require each district school counselor to track and document, using a standardized tracking tool, as established by the district, the time spent on work duties performed by the school

counselor throughout a school year. This tracking tool shall:

  1. Include the following components:
    1. The total work time worked by the school counselor for the year;
    2. The total time spent on the following duties that are components of a counseling program developed under Education Code 33.005:
      • Provision of a guidance curriculum;
      • Responsive services for students;
      • Individual planning for students; and
      • System support; and
    3. The total time spent on duties that are not components of a counseling program developed under Education Code 33.005, including time spent in administering assessment instruments or providing other assistance in connection with assessment instruments (except time spent in interpreting data from assessment instruments); and
  2. Be maintained by the district in a format that can be made available to the Texas Education Agency (TEA) upon request.

19 TAC 61.1073(b)

Annual Assessment

A district shall annually assess its compliance with its school counselor policy and, on request by the commissioner, provide a written copy of the assessment to TEA on or before the date specified by

the commissioner.

The assessment shall include:

  1. Work time tracking documentation as described above for each school counselor in the district;
  2. The number of school counselors whose work was in compliance with the district’s school counselor policy; and
  3. The number of school counselors in the district whose work was not in compliance with the district’s school counselor policy.

The assessment shall be maintained by the district in a format that can be made available to TEA upon request.

Education Code 33.006(h); 19 TAC 61.1073(c), (d)

Nonphysician Mental Health Professional

TSBVI may employ or contract with one or more nonphysician mental health professionals.

In this section, “nonphysician mental health professional” means:

  1. A psychologist licensed to practice in this state and designated as a health-service provider;
  2. An RN with a master’s or doctoral degree in psychiatric nursing;
  3. A licensed clinical social worker;
  4. A professional counselor licensed to practice in Texas; or
  5. A marriage and family therapist licensed to practice in Texas.

Education Code 38.0101

Note:   For information about mental health treatment, including counseling, see Policy FFEA.

School Psychological Services

The rules of the Texas Behavioral Health Executive Council (TBHEC) acknowledge the unique difference in the delivery of school psychological services in schools from psychological services in the private sector. The TBHEC recognizes the purview of the State Board of Education (SBOE) and TEA in safeguarding the rights of school children in Texas. Mandated multidisciplinary team decision making, hierarchy of supervision, regulatory provisions, and past traditions of school psychological service delivery both nationally and in Texas, among other factors, allow for rules of practice in schools which reflect the occupational distinctions from the private practice of psychology. 22 TAC 465.38(a)

Licensed Specialist in School Psychology (LSSP)

A person may not be employed by a school district as a school psychologist or associate school psychologist unless the person holds a specialist in school psychology license under Occupations

Code 501.260. A specialist in school psychology license is the appropriate credential for a person who provides psychological services for a school district. Education Code 21.003(b); Occupations

Code 501.002(2), .260(a)

The correct title for an individual holding a specialist in school psychology license is Licensed Specialist in School Psychology or (LSSP), or the individual may use the title School Psychologist. An LSSP who has achieved certification as a Nationally Certified School Psychologist (NCSP) may use this credential along with the license title of LSSP. 22 TAC 465.38(d)

School psychological services may be provided in Texas public schools only by LSSPs and interns and post-doctoral fellows working towards licensure as a psychologist. 22 TAC 465.38(e)

Scope of Practice

An LSSP is trained to address psychological and behavioral problems manifested in and associated with educational systems by utilizing psychological concepts and methods in programs or actions that attempt to improve the learning, adjustment and behavior of students. These activities include, but are not limited to:

  1. Addressing special education eligibility;
  2. Conducting manifestation determinations;
  3. Assisting with the development and implementation of individual educational programs (IEPs);
  4. Conducting behavioral assessments; and
  5. Designing and implementing behavioral interventions and supports.

The assessment of emotional or behavioral disturbance, solely for educational purposes, using psychological techniques and procedures is considered the practice of school psychology. An LSSP may not provide psychological services in any context or capacity outside of a public or private school.  22 TAC 465.38(b), (c)

Standards

The delivery of school psychological services in Texas public schools shall be consistent with nationally recognized standards for the practice of school psychology. Occupations Code 501.260(c); 22 TAC 465.38(b)(3)

Notice of Assignment or Subcontract

An LSSP who contracts with TSBVI to provide school psychological services must notify the School of any intent or plan to subcontract or assign those services to another provider prior to entering into the agreement. An LSSP shall be responsible for ensuring the school psychological services delivered comply with TBHEC standards. 22 TAC 465.38 (e)(3)

Compliance with Applicable Education Laws

LSSPs shall comply with all applicable state and federal laws affecting the practice of school psychology, including, but not limited to:

  1. Texas Education Code;
  2. Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g;
  3. Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400 et seq.;
  4. Texas Public Information Act, Texas Government Code, Chapter 552;
  5. Section 504 of the Rehabilitation Act of 1973; and
  6. Americans with Disabilities Act (ADA) 42 U.S.C. 12101.

22 TAC 465.38 (f)

SCHOOL CHAPLAINS

A district may employ or accept as a volunteer a chaplain to provide support, services, and programs for students as assigned by the board. A chaplain employed or volunteering is not required to be certified by SBEC.

A district that employs or accepts as a volunteer a chaplain shall ensure that the chaplain complies with the applicable requirements under Education Code Chapter 22, Subchapter C, before the chaplain begins employment or volunteering at the district.

A district may not employ or accept as a volunteer a chaplain who has been convicted of or placed on deferred adjudication community supervision for an offense for which a defendant is required to register as a sex offender under Code of Criminal Procedure Chapter 62.

Education Code 23.001

Adopted:         1/11/80

Amended:       3/13/81, 7/12/85, 9/22/89, 1/25/91, 8/26/94, 1/26/96, 5/21/98, 5/25/00, 5/25/04, 1/25/19, 5/27/21, 8/6/21, 11/22/24

Reviewed: