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ANNUAL APPRAISAL

All noncontract staff shall be evaluated in writing at least annually. The appraisal program shall be administered as follows:

CRITERIA

Job related criteria shall provide the basis for evaluation and appraisal of employee performance. Each employee shall be informed of the criteria on which he, or she, will be evaluated.

PERFORMANCE REVIEW

Evaluation and appraisal ratings shall be based on the evaluation instrument and cumulative performance data gathered by supervisors throughout the year. Each employee shall have at least one appraisal conference annually and may have as many as the supervisor deems necessary.

DOCUMENTATION

Reports, correspondence, and memoranda may be placed in each employee's personnel file, as necessary, to document performance.

EVALUATION FORMS       

To the extent possible, written evaluations on School-approved forms shall be completed prior to a recommendation to the Superintendent regarding continued employment. The completed form should be signed by both the evaluator and the person being evaluated, and a copy of the evaluation shall be given to the employee.

Adopted:         1/26/96

Amended:       3/21/03

Reviewed:       1/25/19

FREQUENCY

Administrators and other certified professionals shall be appraised in the performance of their job duties annually, or at more frequent intervals.  Education Code 21.203(a)

ADMINISTRATOR APPRAISAL

All administrators shall be appraised annually using the local criteria and procedures.

Education Code 21.3541(f)(2),(g); 19 TAC 150.1026

CONFIDENTIALITY OF ADMINISTRATOR EVALUATION

A document evaluating the performance of a teacher or administrator is confidential and is not subject to disclosure under the Public Information Act, Government Code 552.  Education Code 21.355 [For evaluation disclosure requirements, See GBA]

PRINCIPAL APPRAISAL

The information in the annual report describing the educational performance of the School (see BQA) shall be a primary consideration of the Superintendent in evaluating the Comprehensive Programs Principal.  In addition, the appraisal of the Comprehensive Programs Principal shall include consideration of the School's performance indicators and the objectives of Comprehensive Programs, including performance gains and the maintenance of those gains.

Education Code 21.3541(f)(2),(g); 19 TAC 150.1026

Notice to ESC

The Superintendent shall notify the executive director of ESC 13 in writing of the school’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.

TSBVI shall submit annually to ESC 13 a summary of the evaluation scores from the locally adopted appraisal system. 

19 TAC 150.1027

Appraisal Instrument and Process

TSBVI shall involve appropriate administrators and schoolwide committee in developing, selecting, or revising the appraisal instruments and process.

Before conducting appraisals, an appraiser shall provide evidence of training in appropriate personnel evaluation skills related to the locally established criteria and process.

The School may also implement a process for collecting staff input for evaluating administrators. If the School implements such a process, the input must not be anonymous.

The appraisal of the Principal shall include a student performance domain. The School shall use the student performance domain developed in consultation with the schoolwide committee and adopted by the Board for the Principal. 

Education Code 21.3541; 19 TAC 150.1026,.1027

Note:  The standards, indicators, knowledge, and skills to be used to align with the training, appraisal, and professional development of principals are outlined in 19 Administrative Code 149.2001.

Appraisals of Campus Administrators Other Than Principals

TSBVI shall appraise each campus administrator, other than a principal, annually using an appraisal process and performance criteria developed by TSBVI in consultation with the schoolwide committee and adopted by the Board.

Domains

The domains and descriptors used to evaluate each administrator may include the following:

  1. Instructional management.
  2. School or organization morale.
  3. School or organization improvement.
  4. Personnel management.
  5. Management of administrative, fiscal, and facilities functions.
  6. Student management.
  7. School or community relations.
  8. Professional growth and development.
  9. Academic excellence indicators and campus performance objectives.

In developing appraisal instruments, the School shall use the current job description, as applicable.

19 TAC 150.1028

COUNSELOR APPRAISAL

The School shall use the job description and evaluation form developed by the commissioner of education to evaluate school counselors.  Education Code 21.356

Adopted:                     1/13/81

Amended:                   9/9/83, 5/30/86, 9/15/88, 3/22/91, 5/26/94, 11/18/94, 1/26/96, 9/26/97, 5/25/00, 3/21/03, 5/25/05, 1/25/19, 1/31/20

Reviewed:

PRINCIPALS

Qualifications

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

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 State Board of Educator Certification rules; certification endorsement in Visually Handicapped, 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), Residential Supervisor(s), clerical staff, and instructional support personnel assigned.

Responsibilities

The role of the Principal is to coordinate and direct the efforts of School and residential staff 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 for the program. [See DK]
  2. Set specific education objectives for the program, through the planning process.
  3. Plan for the organization and assignment of campus resources for the instructional program, including personnel, facilities, materials, and schedules.
  4. Regularly consult with the schoolwide committee in the planning, operation, supervision, and evaluation of the educational program. [See BQ series]
  5. Each year, with the assistance of the Schoolwide Committee, develop, review, and revise the campus improvement plan. [See BQ series]
  6. Keep Superintendent fully informed with respect to conditions and needs of the School.
  7. Communicate with faculty, students, and parents to disseminate School information, coordinate team efforts for instruction, and promote positive staff and community relations.
  8. Observe classroom performance of teachers, evaluate the effectiveness of staff performance, and plan staff development activities for improvement in accordance with district and state requirements, and in cooperation with staff development personnel.
  9. Maintain adequate and accurate documentation upon which recommendations for contract decisions are based.
  10. Supervise and evaluate the performance of Assistant Principal(s), Residential Director(s), teacher aides, instructional support staff, and clerical staff (or may provide for supervision and evaluation of some staff by an assistant principal).
  11. Recommend to the Superintendent the termination, suspension, or nonrenewal of an employee assigned to the program.
  12. Keep informed of, and complies with, all public education regulations and policies of the School, state, and campus concerning curriculum, student management, and personnel.
  13. Provide for proper supervision and discipline of students in all curricular and extracurricular activities.
  14. Plan for budgetary needs and manage budgets in assigned areas.
  15. Provide reports and information requested to the Board and Superintendent.
  16. Assume administrative responsibility and instructional leadership, under the supervision of the Superintendent, for the discipline and behavior management program.
  17. Provide for assessment, psychological services, and/or counseling and guidance services as appropriate.
  18. Provide attendance data to Superintendent, as required.

 

  1. (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

Education Code 11.202(b),.253(c), (h), 31.103(a) [See also DMA]

Principal’s Report to Superintendent

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 DHB]

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); 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)

See Education Code 11.202(b), 11.253(c)(h), 31.103(a) [See also DMA]

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

Reviewed:

UNCERTIFIED SUBSTITUTES

State Board for Educator Certification requirements regarding assignment of certified employees apply to substitute teachers.  If TSBVI must employ a substitute teacher who is not certified, a list of the substitute teachers shall be retained in TSBVI’s files.  19 TAC 231.1(e)

PARENT NOTIFICATION

If TSBVI assigns an inappropriately certified or uncertified teacher (as defined in DBA) to the same classroom for more than 30 consecutive instructional days during the same school year, it 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.  TSBVI 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.  TSBVI shall retain a copy of the notice and make information related to teacher certification available to the public on request.  [See also DBA(Legal)

Education Code 21.057

CRIMINAL HISTORY REVIEW

TSBVI shall obtain all criminal history record information that relates to a substitute teacher for the School or shared services arrangement through the Department of Public Safety’s criminal history clearinghouse.  [See DBAA]   Education Code 22.0836

 

Adopted: 3/7/80

Amended: 11/13/81, 3/12/82, 9/27/90, 1/25/91, 3/22/91, 8/26/94, 1/26/96, 5/25/00, 3/21/03, 1/26/18

Reviewed:

EMPLOYMENT POLICIES

    1. The Board employs and evaluates the Superintendent;
    2. The Superintendent has sole authority to make recommendations to the Board regarding the selection of all personnel serving under one-year contracts. The Board delegates final authority to the Superintendent for hiring all other employees. [See SUPERINTENDENT RECOMMENDATION, below];  Educ. Code 11.1513(c)
    3. The Principal must approve each teacher or staff appointment to the principal’s program as provided by Education Code 11.202 [see DK and DP];
    4. Notice will be provided of vacant positions [see POSTING OF VACANCIES, below]; and
    5. TSBVI employees have the right to present grievances to the board. [See Grievances, below]  Education Code 11.1513  Policy DGBA shall not restrict the ability of an employee to communicate directly with a member of the board regarding a matter relating to the operation of the School, except that the policy may prohibit ex parte communication relating to:
      1. A hearing under Education Code Chapter 21, Subchapter E (Term Contracts) or F (Hearing Examiners); and
      2. Another appeal or hearing in which ex parte communication would be inappropriate pending a final decision by the board.

Education Code 11.1513(i)–(j) [See DGBA]

Contract Positions

The Board shall employ by one-year term contract any professional whom the Board is permitted or required to employ under contract under Education Code 30.024 and Education Code 21.002(c).

Delegation of Authority

For employees hired under one-year term contracts, the Board delegates to the Superintendent the authority to establish terms of employment not addressed in the contract.  For all other employees, the Board delegates to the Superintendent the authority to specify the terms of employment with the School, except for the Auditor. Education Code 11.1513(c) [For nepotism implications, see BBFB and DBE]

Nepotism

The Superintendent has been delegated final hiring authority by the Board to select personnel and is therefore a “public official” with appointment authority for purposes of the nepotism laws.  Atty. Gen. Op. GA-123 (2003)  [See DBE and BBFB]

INTERNAL AUDITOR

The Board shall select the internal auditor and the internal auditor shall report directly to the Board. Government Code 2102.006, 2102.007, Education Code 11.170

SUPERINTENDENT RECOMMENDATION

The Board may accept or reject the Superintendent’s recommendation regarding the selection of TSBVI contract personnel and shall include the Board’s acceptance or rejection in the minutes of the Board’s open meeting, in the certified agenda or tape recording of a closed meeting, or in the recording required under Government Code 551.125 or 551.127, as applicable.  If the Board rejects the Superintendent’s recommendation, the Superintendent shall make alternative recommendations until the Board accepts a recommendation.  Education Code 11.1513(b)

Pre-Employment Affidavit

An applicant for a certified or licensed position [see Professional Personnel at DBA(LEGAL)] with TSBVI, must submit, using a form adopted by TEA, a pre-employment affidavit disclosing whether the applicant has ever been charged with, adjudicated for, or convicted of having an inappropriate relationship with a minor. 

An applicant who answers affirmatively concerning an inappropriate relationship with a minor must disclose in the affidavit all relevant facts pertaining to the charge, adjudication, or conviction, including whether the charge was determined to be true or false. 

An applicant is not precluded from being employed based on a disclosed charge if the School determines based on the information disclosed in the affidavit that the charge was false.

A determination that an employee failed to disclose required information is grounds for termination of employment. 

The State Board for Educator Certification (SBEC) may revoke the certificate of an administrator if the board determines it is reasonable to believe that the administrator employed an applicant for a position described by Education Code 21.003(a) or (b) despite being aware that the applicant had been adjudicated for or convicted of having an inappropriate relationship with a minor.  

Education Code 21.009

POSTING OF VACANCIES

TSBVI’s employment policy must provide that not later than the tenth school day before the date on which the School fills a vacant position for which a certificate or license is required as provided by Education Code 21.003 [see DBA], other than a position that affects the safety and security of students as determined by the Board, the School must provide to each current School employee:

  1. Notice of the position by posting the position on:
    1. A bulletin board at a place convenient to the public in the School's central administrative office, and
    2. the School’s Internet Web site, and
  2. A reasonable opportunity to apply for the position.

Education Code 11.1513(d)

Exception

If, during the school year, TSBVI must fill a vacant position held by a teacher as defined by Education Code 21.201 [see DCB], in less than ten school days, TSBVI must provide notice of the position in the manner described above as soon as possible after the vacancy occurs. However, TSBVI is not required to provide the notice for ten school days before filling the position or to provide a reasonable opportunity to apply for the position.  Education Code 11.153(e)

CONTRACT EMPLOYEES

Definitions

"Teacher" means a principal, assistant principals, classroom teacher, counselor, librarian or other full-time professional employee who is required to hold a certificate issued under Subchapter B, Chapter 21 of the Texas Education Code, except the term does not include a superintendent, or any employee who does not provide direct, and regular, services to students at the School.  Education Code 30.024 (a)

Employment Of Classroom Teachers

"Classroom teacher" means an educator who is employed by TSBVI and who, not less than an average of four hours each day, teaches in an academic instructional setting or a career and technology instructional setting. The term does not include a teacher's aide or a full-time administrator.  Education Code 5.001(2) 

Each classroom teacher, principal, assistant principal, librarian or school counselor shall be employed under a probationary contract, or a term contract.  TSBVI is not required to employ a person other than these listed employees under a probationary, or term contract.  Education Code 30.024(b) and Education Code 5.001(2)

Employment Of Other Professionals

The School may enter into an employment contract with any employee who provides, or supervises, any employee who provides direct, or indirect, educational services to students, or who provides other professional, educational services.  Education Code 30.024(b)

School nurses are state employees unless otherwise designated under the state of Texas classification system.

Length Of Contract

A contract between TSBVI and an educator must be for a minimum of ten months of service. An educator employed under a ten-month contract must provide a minimum of 187 days of service. The Commissioner of Education may reduce the number of days of service, but such a reduction by the Commissioner does not reduce an educator's salary.  Education Code 21.401

EDUCATIONAL AIDES

For any educational aide who shows a willingness to become a certified teacher:

  1. the principal shall provide a variety of instructional experiences and professional information to the educational aide in order for the educational aide to consider a career as a special education teacher;
  2. tuition and fees are waived except for class and lab fees; and
  3. the School may par collede tuition related to obtaining the supplemental certificate for Teacher of Students with Visual Impairments after the educational aide has obtained the initial teacher certification

Education Code 54.21436(f)

FORMER BOARD MEMBER EMPLOYMENT

A board member is prohibited from accepting employment with TSBVI until the first anniversary of the date the board member’s membership on the Board ends.  Education Code 11.063

NEW HIRES

I-9 Forms

The School shall ensure that an employee properly completes section 1-``Employee Information and Verification'' on Form I-9 at the time of hire. 

The School must verify employment eligibility, pursuant to the Immigration Reform and Control Act, and complete Form I-9 by the following dates:

  1. Within three business days of initial hiring. If the School hires an individual for employment for a duration of less than three business days, the School must verify employment at the time of hire.

  2. The School shall not be deemed to have hired an individual if the individual is continuing in his or her employment and has a reasonable expectation of employment at all times.

    When the School rehires an individual, the School may, in lieu of completing a new I-9, inspect a previously completed I-9 executed within three years of the date of rehire, to determine whether the individual is still eligible to work.

  3. For an individual whose employment authorization expires, not later than the date of expiration.

8 C.F.R. 274a.2 (b)(1)(ii), (iii), (vii), (viii)

New Hire Reporting

The School shall furnish to the Directory of New Hires (Texas Attorney General's Office) a report that contains the name, address, and Social Security number of each newly hired employee. The report shall also contain the School's name, address, and employer identification number.

The School may also provide, at its option, the employee's date of hire, date of birth, expected salary or wages, and the School's payroll address for mailing of notice to withhold child support.

The School shall report new hire information on a Form W-4 or an equivalent form, by first class mail, telephonically, electronically, or by magnetic media, as determined by the School and in a format acceptable to the attorney general.

Deadline

New hire reports are due:

  1. Not later than 20 calendar days after the date TSBVI hires the employee; or
  2. In the case of the School transmitting reports magnetically or electronically, by two monthly transmissions (if necessary) not less than 12 days nor more than 16 days apart.

New hire reports shall be considered timely if postmarked by the due date or, if filed electronically, upon receipt by the agency.

42 U.S.C. 653a(b), (c); Family Code 234.101-234.104; 1 TAC 55, Subch. I

PENALTIES

If TSBVI knowingly violates the new hire provisions it may be liable for a civil penalty, as set forth at Family Code 234.105.

42 U.S.C. 653a(b), (c); Family Code 234.101-234.10; 1 TAC 55, Subch. I

EMPLOYMENT OF FOREIGN NATIONALS

Applicants selected for employment must be eligible to work in the United States.  The School shall not sponsor H1-B work authorizations for foreign nationals.

SOCIAL SECURITY NUMBERS

TSBVI shall not use the employee’s Social Security number as an employee identifier other than for tax purposes.   Education Code 11.1514

Federal Law

TSBVI shall not deny to any individual any right, benefit, or privilege provided by law because of the individual’s refusal to disclose his or her social security number. 

Exceptions

The federal law does not apply to:

  1. Any disclosure that is required by federal statute. The United States Internal Revenue Code provides that the Social Security number issued to an individual for purposes of federal income tax laws shall be used as the identifying number for taxpayers;
  2. Any disclosure to the School maintaining a system of records in existence and operating before January 1, 1975, if such disclosure was required under statute or regulation adopted before such date to verify the identity of an individual; or
  3. Any use for the purposes of establishing the identity of individuals affected by any tax, general public assistance, driver's license, or motor vehicle registration law within the School's jurisdiction.

Statement Of Uses

If the School requests disclosure of a social security number, it shall inform that individual whether the disclosure is mandatory or voluntary, by what statutory authority such number is solicited, and what uses will be made of it. 

Privacy Act of 1974, Pub. L. No. 93-579, Sec. 7, 88 Stat. 1896, 1897 (1974)

EMPLOYMENT ASSISTANCE PROHIBITED

Federal Law

A school that receives Title I funds shall have regulations or policies that prohibit any individual who is a school employee, contractor, or agent, or a district, from assisting a school employee in obtaining a new job, apart from the routine transmission of administrative and personnel files, if the individual or district knows, or has probable cause to believe, that such school employee engaged in sexual misconduct regarding a minor or student in violation of the law. 

This requirement shall not apply if the information giving rise to probable cause has been properly reported to a law enforcement agency with jurisdiction over the alleged misconduct; and has been properly reported to any other authorities as required by federal, state, or local law, including Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) and the implementing regulations under Part 106 of Title 34, Code of Federal Regulations, or any succeeding regulations; and: 

  1. The matter has been officially closed or the prosecutor or police with jurisdiction over the alleged misconduct has investigated the allegations and notified school officials that there is insufficient information to establish probable cause that the school employee engaged in sexual misconduct regarding a minor or student in violation of the law;
  2. The school employee has been charged with and acquitted or otherwise exonerated of the alleged misconduct; or
  3. The case or investigation remains open and there have been no charges filed against, or indictment of, the school employee within four years of the date on which the information was reported to a law enforcement agency.

20 U.S.C 7926 [See also CJ]                                                                                     

State Law

SBEC may suspend or revoke a certificate, impose other sanctions against the person, or refuse to issue a certificate to the person if:

  1. The person assists another person in obtaining employment at a school district or open-enrollment charter school, other than by the routine transmission of administrative and personnel files; and
  2. The person knew that the other person has previously engaged in sexual misconduct with a minor or student in violation of the law.

The commissioner may require a school to revoke or decline to issue a teaching permit under Education Code 21.055 issued to or requested by a person subject to SBEC action above.

Education Code 21.0581

VERIFICATION OF SELECTIVE SERVICE REGISTRATION

The School may not hire a person as an employee if the person is of the age and gender that would require a person residing in the United States to register with the selective service system under federal law, unless the person presents proof of the person's: 

  1. registration with the selective service system as required by federal law; or
  2. exemption from registration with the selective service system. 

This requirement does not apply to a person employed by the School before September 1, 1999, as long as the person's employment by the School is continuous. 

Government Code 651.005

PROMOTIONS

Consideration shall be given to filling vacancies by promotion of TSBVI personnel before recruiting applicants from outside the School. The advancement of deserving personnel will be given first priority, with consideration being given to job requirements, education, training, experience, and past performance.

Adopted:          1/11/80

Amended:        3/7/80, 11/13/81, 1/14/83, 11/12/87, 1/14/88, 1/26/90, 5/28/92, 1/21/94, 3/25/94, 11/17/95, 3/31/98, 11/6/98, 12/1/00, 9/21/01, 11/22/02, 1/30/04, 1/28/05, 11/18/05, 3/28/08, 4/5/13, 9/30/16, 4/6/18

Reviewed:

DEFINITIONS

The definitions related to individuals with disabilities and exceptions to those definitions included in Policy DAA (Equal Employment Opportunity) shall be used in applying and interpreting this policy and any policy adopted in conjunction with this policy.

SCHOOL BUS DRIVERS

A person shall not drive a school bus, school activity bus, or multifunction school activity bus unless he or she is physically qualified to do so.  Each school bus driver shall undergo and successfully complete an annual physical examination in compliance with the requirements of 49 CFR 391.41 and 391.43, which list those physical and mental conditions for which the medical examiner is directed to disqualify an applicant.   A driver shall not operate a school bus, school activity bus, or multifunction school activity bus unless he or she has possession of the original or photographic copy of the medical examiner's certificate stating that the driver is physically qualified to drive a school activity bus, or multifunction school activity bus.  Transp. Code 521.022; 37 TAC 14.12

A person disqualified on the basis of the medical examination may request special consideration in accordance with 37 TAC 14.13.

BLOODBORNE PATHOGEN CONTROL

TSBVI employs employees who provide services in a public school facility providing health care-related services who have a risk of exposure to blood or other material potentially containing bloodborne pathogens in connection with exposure to sharps.  As such the School shall comply with the minimum standards set by the Texas Department of State Health Services (TDSHS).

“Sharp(s)” Defined

A "Sharp" or “Sharps” means an object used or encountered in a health-care setting that can be reasonably anticipated to penetrate the skin or any other part of the body and to result in an exposure incident, including a needle device, a scalpel, a lancet, a piece of broken glass, a broken capillary tube, an exposed end of a dental wire, or a dental knife, drill, or bur.

Exposure Control Plan

The TDSHS has developed an exposure control plan as a model plan to achieve the minimum standards in Health and Safety Code 81.304.  The plan is designed to minimize exposure of employees to bloodborne pathogens and includes policies relating to occupational exposure to bloodborne pathogens, training and educational requirements for employees, measures to increase vaccination of employees, and increased use of personnel protective equipment by employees.

The TDSHS Bloodborne Pathogens Exposure Control Plan requires the School to:

  1. Develop, review annually, update as necessary, and document its actions regarding a comprehensive exposure control plan appropriate to the School and its particular facilities;
  2. Provide, at School expense, personal protective equipment and Hepatitis B vaccinations to affected employees, and if an employee declines to be vaccinated, maintain a record of the employee's written refusal;
  3. Provide to affected employees pre-service and annual refresher training as described in the TDSHS Exposure Control Plan;
  4. Record all exposure incidents (e.g., "sticks" by needles or other "sharps") in a sharps injury log and report the sharps injury to TDSHS on a standardized form; and
  5. Provide a post-exposure evaluation and follow up with an employee who has a sharps injury.

Health and Safety Code 81.301-.307; 25 TAC Chapter 96

COST OF TESTING AFTER ACCIDENTAL EXPOSURE

If a certified emergency medical services provider, a firefighter, a peace officer, or a first responder who renders assistance at the scene of an emergency or during transport to the hospital is accidentally exposed to blood or other body fluids of a patient, the hospital to which the patient is transported shall take reasonable steps to test the patient for hepatitis B or hepatitis C, HIV or any reportable disease.  If the School employs the person, or the person works as a volunteer for the School in connection with rendering the assistance, TSBVI is responsible for paying the costs of the test(s).  A test conducted under this section may be performed without the patient’s specific consent.  Health and Safety Code 81.095(b),(c)

GENETIC INFORMATION

Any receipt of genetic information in response to a request for medical information shall be deemed as inadvertent if the School uses language such as that at 29 CFR 1635.8(b)(1)(i)(B).

29 CFR 1635.8(b)(1)(i)(A)  [See DAB]

PRE-EMPLOYMENT INQUIRIES AND EMPLOYMENT ENTRANCE EXAMINATIONS

The School shall not conduct a medical examination, or make inquiries of a job applicant, as to whether such applicant is an individual with a disability, or as to the nature or severity of a disability, except as provided below. However, the School is permitted to make pre-employment inquiries into the ability of an applicant to perform job-related functions, such as asking an applicant to describe, or demonstrate, how (with or without reasonable accommodation) the applicant will be able to perform job-related functions. 42 U.S.C. 12112(d)(2); 29 CFR 1630.14(a)

The School may require a medical examination (and/or inquiry) after an offer of employment has been made to a job applicant and prior to the beginning of employment duties, and may condition the offer on the results of such examination (and/or inquiry), provided all entering employees in the same job category are subjected to such an examination (and/or inquiry), regardless of disability.

The results of a pre-employment medical examination shall be used only to determine the applicant's ability to perform job-related functions.

42 U.S.C. 12112(d)(3); 29 CFR 1630.14(b)

Confidentiality

Information obtained regarding the medical condition, or history, of the applicant shall be collected and maintained on separate forms and in separate medical files and shall be treated as confidential medical records.  However, supervisors and managers may be informed regarding necessary restrictions on the employee's work, or duties, and necessary accommodations; first aid and safety personnel may be informed when appropriate, if the disability may require emergency treatment.  29 CFR 1630.14(b),(c)

EXAMINATION DURING EMPLOYMENT

TSBVI may require a medical examination (and/or inquiry) of an employee that is job-related and consistent with business necessity and may make inquiries into the ability of an employee to perform job-related functions.

Consistent with business necessity, the Superintendent may require an employee to present medical information regarding the employee's ability to perform the regular duties of his/her position at any time during employment. If the medical information indicates that the employee is not currently able to perform the duties of the position, the Superintendent may require the employee to take a leave of absence until the employee submits medical information that (s)he is able to perform the duties of the position. During the period of the leave of absence, the employee must use all applicable forms of paid leave and, after paid leave is exhausted, shall be placed on leave without pay for the remainder of the absence. An employee on a leave of absence under this provision may be entitled to the benefits of the Family and Medical Leave Act (FMLA, and the leave may be designated as FMLA leave. (See also DEC).  After an extended period of time, the School’s needs may require that the employee on extended leave of absence be replaced, but such decision requires an extensive legal review before the employee is notified. 

Placement on Temporary Disability

The Board may adopt a policy for placing an educator on leave of absence for temporary disability if, in the Board’s judgment and in consultation with a physician who has performed a thorough medical examination of the educator, the educator’s condition interferes with the performance of regular duties.  Such a policy must reserve to the educator the right to present to the Board testimony or other information relevant to the educator’s fitness to continue the performance of regular duties.  [See DEC]

42 U.S.C. 12112(c)(3)-(4); 29 CFR 1630.14(c); Education Code 21.409(c)

AIDS TESTING

The School may not require an employee to undergo medical procedures or tests for AIDS or HIV infection, antibodies to HIV, or infection with any other probable causative agent of AIDS unless the procedure is necessary as a bona fide occupational qualification, and there exists no less discriminatory means of satisfying the occupational qualification. "Bona fide occupational qualification" means a qualification that is reasonably related to the satisfactory performance of job duties and for which there is reasonable cause to believe that a person who tests positive would be unable to perform satisfactorily the job duties safely.

Health and Safety Code 81.101(3), 81.102(a)(5)(a)

Adopted:         11/7/80

Amended:       3/12/82, 11/12/87, 1/26/90, 1/29/93, 11/19/93, 11/17/95, 11/14/97, 1/28/00, 3/26/02, 1/28/05, 4/5/13, 11/15/19

Reviewed:

CONTENTS

DBA - EMPLOYMENT REQUIREMENTS AND RESTRICTIONS: CREDENTIALS AND RECORDS 

    Notice To Parents: Teacher Qualifications

        Federally Required Notice When Teacher Lacks Credentials

        State-Required Notice When Teacher Lacks Credentials

    PROFESSIONAL PERSONNEL

        Certificate

        License

    “School District Teaching Permit”

        Statement to Commissioner

        Duration of Permit

        Noncore Career and Technical Courses

    EMERGENCY PERMITS

        Activation.

        General Eligibility Requirements.

        Specific Requirements for Initial Permits.

        Procedures for Initial Permit

        Validity of Emergency Permit

        One-Year Limitation.

        Renewal Requirements and Procedures.

        Nonrenewable Permits.

        Educator Consent

        No Property Right 

        Unused Permits. 

    PARAPROFESSIONAL EMPLOYEES. 

        Certification. 

    FEDERAL REQUIREMENTS FOR TEACHERS AND PARAPROFESSIONALS. 

        Qualifications Before December 10, 2015. 

        High School Diploma. 

        Higher Education Or Competency Test 

    CREDENTIALS SPECIFIC TO TSBVI ASSIGNMENTS. 

        Procedures For Obtaining Endorsement 

        Orientation and Mobility Instructors. 

    CPR AND FIRST AID CERTIFICATION.

    AED CERTIFICATION.

    SCHOOL BUS DRIVERS.

        Credentials.

        Disqualification

    EMPLOYEE RECORDS

        Professional Employees

        Service Record

        Former Employees

        Access to Employee Records

        Employee Right of Access

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 TSBVI 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:

  1. Whether the teacher has met state qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction.
  2. Whether the teacher is teaching under emergency or other provisional status through which state qualification or licensing criteria have been waived.
  3. 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.
  4. Whether the child is provided services by paraprofessionals and, if so, their qualifications.

Federally Required Notice When Teacher Lacks Credentials

A school that receives such federal funds shall also provide to each individual parent 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 (i.e., does not meet the applicable state certification or licensure requirements at the grade level and subject area in which the teacher has been assigned.)

20 U.S.C. 6312(e)(1)(B)(ii)

State-Required Notice When Teacher Lacks Credentials

If TSBVI 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, it shall provide written notice of the assignment to the parents or guardians of each student 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. TSBVI shall retain a copy of the notice and make information relating to teacher certification available to the public on request. 

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:

  1. Certified and assigned to teach a class or classes outside his or her area of certification, as determined by State Board for Educator Certification (SBEC) rules specifying the certificate required for an assignment;
  2. Serving on a certificate issued due to a hearing impairment;
  3. Serving on a certificate issued pursuant to enrollment in an approved alternative certification program;
  4. Certified by another state or country and serving on a certificate issued under Education Code 21.052;
  5. Serving on a school district teaching permit; or
  6. Employed under a waiver granted by the commissioner of education. 

The state notice requirement does not apply if a school is required in accordance with Section 1006, Every Student Succeeds Act [20 U.S.C. Section 6312(e)(1)(B)(ii)], to provide notice to a parent or guardian regarding a teacher who does not meet certification requirements at the grade level and subject area in which the teacher is assigned, provided the school provides notice as required by that Act. [See Federally Required Notice—Lack of Credentials, above]

Education Code 21.057;19 TAC 231.1

PROFESSIONAL PERSONNEL

Certificate

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

A person employed by a district as an educational diagnostician before September 1, 2008, may continue employment with the district without obtaining a certificate or permit as an educational diagnostician so long as the person is employed by the School.

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 21.003(a), .0487(d), 053(a)-(b)

License

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)

“School District Teaching Permit”

TSBVI may issue “a school district teaching permit” and employ as a teacher a person who does not hold a teaching certificate issued by SBEC, if the person holds a baccalaureate degree.  A baccalaureate degree is not required for persons who will teach only noncore academic career and technology education courses. 

Statement to Commissioner

After employing a person under a school district permit, TSBVI 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. 

Not later than the 30th day after the Commissioner receives TSBVI’s statement, the Commissioner may inform the School that the person is not qualified to teach.  The person may not teach if the Commissioner finds that the person is not qualified.  If the Commissioner fails to act before the 30th day after receiving the statement, TSBVI may issue the school district teaching permit and the person may teach the subject or class identified in the statement sent to the Commissioner.

Duration of Permit

A school district teaching permit remains valid unless TSBVIt revokes it for cause. 

A person authorized to teach under a school district teaching permit issued by a particular school may not teach in another school district unless that other district complies with the permit-issuing provisions. 

Education Code 21.055 

Noncore Career and Technical Courses

The following requirements do not apply to a person who will teach only noncore academic career and technical education courses:  

  1. The requirement to hold a baccalaureate degree;
  2. The requirement that TSBVI send a written statement to the commissioner identifying the person, the person’s qualifications as a teacher, and the subject or class the person will teach; and
  3. The requirement that the commissioner inform TSBVI in writing if the commissioner finds the person to be not qualified to teach.

The Board may issue a TSBVI teaching permit to a person who will teach courses only in career and technical education based on qualifications certified by the Superintendent. Qualifications must include demonstrated subject matter expertise such as professional work experience, formal training and education, holding an active professional relevant industry license, certification, or registration, or any combination of work experience, training and education, or industry license, certification, or registration, in the subject matter to be taught.

The Superintendent shall certify to the Board that a new employee has undergone a criminal background check and is capable of proper classroom management. TSBVI shall require a new employee to obtain at least 20 hours of classroom management training and to comply with continuing education requirements as determined by the Board.

A person may teach a career and technical education course immediately upon issuance of a permit. Promptly after employing a person who qualifies under Education Code 21.055(d-1), the Board shall send to the commissioner a written statement identifying the person, the course the person will teach, and the person’s qualifications to teach the course. 

Education Code 21.055(d-1)

EMERGENCY PERMITS

Emergency permits are issued under the authority of SBEC. 19 TAC 230.71(a)

Activation

A superintendent or designee who cannot secure an appropriately certified and qualified individual to fill a vacant position may activate an emergency permit for an individual who does not have one of the appropriate credentials for the assignment, as specified in 19 Administrative Code Chapter 231, Requirements for Public School Personnel Assignments. 

In order to activate an emergency permit, the superintendent or designee must:

  1. Document locally the efforts the district has taken to employ an appropriately certified individual in the position for which an emergency permit is activated;
  2. Apply for an emergency permit when a vacant position is filled with an uncertified or inappropriately certified individual who will serve as the teacher of record or will serve in the assignment for more than 30 consecutive instructional days. The application must be submitted to TEA within 45 instructional days of the date of assignment;
  3. Verify that the district maintains a support system, has assigned a trained mentor, and will provide release time as needed to assist the individual serving on an emergency permit. However, a district shall not be required to provide a mentor for a degreed, certified teacher assigned on an emergency permit if the teacher has one or more creditable years’ experience within the district, as defined at 19 Administrative Code Chapter 153, Subchapter CC; and
  4. Verify that the individual for whom the emergency permit is activated has been advised of the SBEC rules regarding permits and permit renewal requirements in 19 Administrative Code Chapter 230, Subchapter F. 

19 TAC 230.71(d)

Temporary Vacancies

TSBVI is not required to activate an emergency permit if an uncertified individual is assigned for a certified teacher who will be absent for more than 30 consecutive instructional days due to documented health-related reasons and has expressed the intention to return to the assignment. TSBVI must, however, comply with the parent notification requirements above.  19 TAC 230.71(i)

General Eligibility Requirements

An individual for whom an emergency permit is activated must meet the following criteria:

  1. The individual must hold a bachelor's degree or higher from an accredited institution of higher education. [See 19 Administrative Code 230.75(1) for career and technical and trade and industrial education assignments.]
  2. The individual must be at least 18 years of age.
  3. The individual must be able to communicate and understand the English language sufficiently to use it easily and readily in daily communication and teaching, as specified in 19 Administrative Code 230.11, General Requirements.
  4. The individual must be of good moral character. SBEC may refuse to authorize an emergency permit for an individual, applying the same standards that would be applied to the administrative denial of an applicant for certification under 19 Administrative Code 249.12, Administrative Denial; Appeal.
  5. The individual must submit fingerprints in accordance with 19 Administrative Code 232.35(c), Submission of Required Information, and Education Code 22.0831. [See DBAA]

19 TAC 230.75

Specific Requirements for Initial Permits

An individual for whom an emergency permit is activated must: 

  1. Have completed the appropriate semester credit hours or equivalent contact hours required for the emergency permit sought as specified in 19 Administrative Code 230.77, or, for a degreed, certified teacher, have passed the appropriate content specialization portions of the appropriate certification examination required for the target certificate; and
  2. Have satisfied the appropriate experience requirement specified in 19 Administrative Code 230.77 for the emergency permit sought.

19 TAC 230.77(a)

SBEC rules provide requirements for the following assignments: 

  1. Elementary grades (early childhood–grade 6) (general education).
  2. Secondary grades (grades 7–12) (general education).
  3. All grade levels (early childhood–grade 12) (general education).
  4. Career and technical education programs.
  5. Special populations, such as English language learners (ELLs) and students with special learning needs.
  6. Other instructional and support personnel, such as school counselor, educational diagnostician, and school librarian. 

19 TAC 230.77 (b)–(g)

Hardship Exception

An emergency permit may be authorized on a hardship basis for an individual who does not meet all eligibility requirements only if approval has been granted and e-mail notification received from TEA staff.  The district must:

  1. Document local conditions requiring the assignment of an individual who does not meet emergency permit requirements;
  2. Verify that the deficiencies for the certificate sought do not exceed 36 semester credit hours; and
  3. Verify:
    1. That the individual will be enrolled in the first available course listed on the certification plan; or
    2. Registration for the next available administration of the appropriate content specialization portion of the certification examination for an individual who holds a valid Texas classroom teaching certificate and a bachelor’s degree or higher from an accredited institution of higher education and is placed in an assignment requiring a different classroom teaching certificate.

19 TAC 230.71(h)

Holders of Intern or Probationary Certificates

Candidates who hold an intern certificate under the provisions of 19 Administrative Code 230.36, Intern Certificates, or a probationary certificate under 19 Administrative Code 230.37, Probationary Certificates, may not be employed on an emergency permit during the validity of the intern certificate or probationary certificate. 19 TAC 230.71(j)

Procedures for Initial Permit 

The superintendent or his or her designee or authorized representative must verify the individual's eligibility for the emergency permit [see General Eligibility Requirements and Specific Requirements

for Initial Permits, above] and submit online to TEA the following information within 45 instructional days of assignment. For all assignments (except career and technical education assignments based on skill and experience): 

  1. A completed online emergency permit application;
  2. One of the following:
    1. A certification plan from an approved Texas educator preparation program (EPP); or
    2. Verification of registration for an appropriate certification examination for a teacher that is already certified; and
  3. The appropriate fee (payable by TSBVI).

For career and technical education assignments based on skill and experience:

  1. A completed online emergency permit application;
  2. A copy of the individual's statement of qualifications, approved by the certification officer of a Texas EPP;
  3. Acceptable license, registration, or certification by a state authorized or nationally recognized agency in an occupational area appropriate for the assignment;
  4. A certification plan from an approved Texas EPP for the career and technical education certificate appropriate for the assignment; and
  5. The appropriate fee (payable by TSBVI).

19 TAC 230.79

Validity of Emergency Permit

The validity date of an activated and authorized emergency permit is specified in 19 Administrative Code 230.97, Effective Dates of Certificates and Permit Issuance. 

An emergency permit is valid for the remainder of the school year for which it is activated and authorized by SBEC. The emergency permit must be submitted to TEA within 45 instructional days from the date of assignment. A permit authorized by SBEC is valid for service only in the requesting school and only for the assignments indicated on the emergency permit application.

Effective with the 2017–18 school year, the employment of an individual on an emergency permit, with the exception of the assignment as a teacher of students with visual impairments may not exceed one school year in the same assignment.  [See One-Year Limitation, below]

Prior to the 2017–18 school year, the individual may serve in a specific assignment no more than one additional school year beyond the initial emergency permit. To continue beyond the initial emergency permit year, the individual must comply with the renewal provisions specified in 19 Administrative Code 230.81. [See Renewal Requirements and Procedures, below] 

Effective with the 2017–18 school year, to continue employment in the assignment beyond the validity of the initial emergency permit, the individual must hold the appropriate certificate, in accordance with 19 Administrative Code, Chapter 231, Requirements for Public School Personnel Assignments. An individual may not serve as a classroom teacher of record in TSBVI for more than three school years without obtaining initial, standard certification.

19 TAC 230.73

One-Year Limitation

Effective with the 2017–18 school year, an emergency permit will limit an individual to one year of service and no renewal will be allowed.

Exceptions

Emergency permits for teachers of students with visual impairments referenced in 19 Administrative Code 230.77(f)(2)(B) may be renewed a maximum of two years.

19 TAC 230.71(c)

Renewal Requirements and Procedures 

Effective with the 2017–18 school year, these renewal provisions no longer apply for emergency permits, with the exception of teachers of students with visual impairments.  19 TAC 230.73(f)

A superintendent, designee, or authorized representative may renew an emergency permit for the same assignment in the same district for which the initial emergency permit was activated. 

No individual may continue in the same assignment for more than one school year of service on an emergency permit, except that emergency permits used fewer than 90 calendar days may be renewed for one additional year of service, if needed.

The total of semester credit hours or the equivalent contact hours required to obtain certification appropriate for the assignment shall determine the number of emergency permit renewals for which the individual may be eligible.

For six semester credit hours or less plus appropriate examination requirements, an individual is not eligible for renewal.

For seven semester credit hours or more plus appropriate examination requirements, an individual is eligible for one renewal.

The superintendent or his or her designee or authorized representative may renew an emergency permit provided the following requirements and procedures are met:

  1. The emergency permit must be renewed for the same assignment in the same school.
  2. Official transcripts verifying completion of a minimum of six semester credit hours or documentation of completion of equivalent contact hours toward the appropriate target certificate must be placed in the individual's personnel file.
  3. If the individual has not completed permit renewal requirements as indicated above, the superintendent or his or her designee must obtain hardship approval from the Texas Education Agency prior to continuation of the assignment.
  4. The appropriate renewal of the emergency permit application must be completed online prior to the beginning date of duties for the current school year.
  5. TSBVI shall pay the appropriate fee.

19 TAC 230.81

Nonrenewable Permits

The superintendent or designee may activate a nonrenewable permit for an individual who has not completed the appropriate examination requirements specified in 19 Administrative Code 230.21, Educator Assessment.

A nonrenewable permit may be activated for an individual who: 

  1. Has completed all course and degree requirements of a Texas EPP except for successful completion of all appropriate examination requirements. Nonrenewable permits activated for individuals in this category expire 12 months from the date of activation; or
  2. Holds a Texas teacher certificate with an effective date before February 1, 1986, but has not revalidated the certificate for employment purposes by passing an examination. The individual must not have been employed in a Texas school district or TSBVI since the start of the 1985–86 school year. A nonrenewable permit activated for an individual in this category expires six months from the date of activation or at the end of the school year, whichever is less.

A nonrenewable permit may not be activated for an individual in the same assignment area for which another permit had previously been authorized. 

The superintendent, designee, or authorized representative must verify that an individual is eligible for the permit and submit the following information within 45 calendar days of assignment:

  1. An application for a nonrenewable permit completed before the effective date of the assignment; and
  2. The appropriate fee (payable by TSBVI). 

19 TAC 230.83

Educator Consent

A certified teacher must consent to the activation of an emergency permit and be advised of the conditions of the emergency permit. 

A teacher who refuses to consent to activation of an emergency permit may not be terminated or nonrenewed or otherwise retaliated against because of the teacher’s refusal to consent to the activation of the emergency permit. However, a teacher’s refusal to consent shall not impair TSBVI’s right to implement a necessary reduction in force or other personnel actions in accordance with local policy.

19 TAC 230.71(e)

No Property Right

An emergency permit is authorized for TSBVI for a specific assignment and is not the property of the individual for whom the emergency permit was activated. 19 TAC 230.71(f)

Unused Permits 

If an emergency permit authorized by SBEC is not used, TSBVI shall notify TEA staff by e-mail. 19 TAC 230.71(g)

PARAPROFESSIONAL EMPLOYEES

Certification

Educational aides shall be certified for the position according to standards established by the State Board for Educator Certification.  19 TAC 230.51

FEDERAL REQUIREMENTS FOR TEACHERS AND PARAPROFESSIONALS

Teachers and paraprofessionals working in a program supported with funds under Title I, Part A of the Elementary and Secondary Education Act (20 U.S.C. 6301 et seq.) shall meet applicable state certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification.  20 U.S.C. 6311(g)(2)(J), 6312(c)(6)

The state’s professional standards for paraprofessionals working in a program supported with Title I funds must include qualifications that were in place under former 20 U.S.C. 6319, as that section existed before December 10, 2015.  20 U.S.C. 6311(g)(2)(M)

Qualifications Before December 10, 2015

Each district receiving assistance under Title I, Part A of the ESEA shall ensure that all paraprofessionals working in a program supported with those funds shall: 

  1. Be assigned only duties consistent with the following:
    1. A paraprofessional may be assigned to:
      1. Provide one-on-one tutoring for eligible students, if the tutoring is scheduled at a time when a student would not otherwise receive instruction from a teacher;
      2. Assist with classroom management, such as organizing instructional and other materials;
      3. Provide assistance in a computer laboratory;
      4. Conduct parental involvement activities;
      5. Provide support in a library or media center;
      6. Act as a translator; or
      7. Provide instructional services to students in accordance with items (b) and (c).
    2. A paraprofessional may not provide any instructional service to a student unless the paraprofessional is working under the direct supervision of a teacher consistent with this section; and
    3. A paraprofessional may assume limited duties that are assigned to similar personnel who are not working in a program supported with funds under this part, including duties beyond classroom instruction or that do not benefit participating children, so long as the amount of time spent on such duties is the same proportion of total work time as prevails with respect to similar personnel at the same school.

High School Diploma

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

Higher Education Or Competency Test

  1. 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.

Exceptions

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

  1. 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
  2. Whose duties consist solely of conducting parental involvement activities.

Former 20 U.S.C. 6319 (in effect before Dec. 10, 2015)

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.

CPR AND FIRST AID CERTIFICATION

A School employee who serves as head director of a school band, 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

AED CERTIFICATION

Each school nurse, assistant school nurse, athletic coach or sponsor, physical education instructor, band director, cheerleading coach, and any other employee specified by the Commissioner must receive and maintain certification in the use of an AED from the American Heart Association, the American Red Cross, or a similar nationally recognized association.  

Education Code 22.902 [See DMA]

SCHOOL BUS DRIVERS

Credentials

For purposes of the following provisions, a “school bus driver” is a driver transporting school children and/or school personnel on routes to and from school or on a school-related activity trip while operating a multifunction school activity bus, school activity bus, or school bus.  37 TAC 14.1  [See CNA

At a minimum, to become employed and maintain employment status as a school bus driver, a person must meet the following requirements:

  1. Be at least 18 years old.
  2. Hold an appropriate class of driver's license for the vehicle being operated (with applicable endorsement if commercial driver’s license) for the gross vehicle weight rating and manufacturer’s designed passenger capacity of the vehicle.
  3. Pass an annual physical exam and otherwise meet medical and physical requirements established by the Department of Public Safety (DPS). [See DBB]
  4. Maintain an acceptable driving record in accordance with the minimum standards established by the DPS at 37 Administrative Code 14.14.  [See ANNUAL EVALUATION, below]
  5. Have an acceptable criminal history record secured from any law enforcement agency or criminal justice agency and reviewed in accordance with Education Code Chapter 22.[See DBAA at CRIMINAL HISTORY].
  6. Possess a valid Texas School Bus Driver Safety Training Certificate, as specified in 37 Administrative Code 14.35 or a valid Enrollment Certificate, as specified in 37 Administrative Code 14.36.

Trans. Code 521.022; 37 TAC 14.11; 14.12; 14.14

Pre-Employment Inquiries

An applicant for employment as a school bus driver must disclose to the School:

  1. Any violations of motor vehicle laws or ordinances (other than parking violations) of which the applicant was convicted or forfeited bond or collateral during the three years preceding the date the application is submitted;
  2. Any serious traffic violations, as defined by Transportation Code 522.035(25), of which the applicant was convicted during the ten years preceding the date the application is submitted; and
  3. Any suspension, revocation, or cancellation of driving privilege that the applicant has ever received.

The School shall make an inquiry into the applicant’s complete driving record, with DPS and with any state in which the applicant held a motor vehicle operator’s license or permit within the past seven years. If no previous driving record is found to exist, the School must document its efforts to obtain such information and certify that no previous driving record exists for the individual.

The School shall review the applicant’s driving record to determine whether that person meets minimum requirements, as described at 37 Administrative Code 14.14(d) related to penalty points for convictions of traffic law violations and crash involvements.  37 TAC 14.14 (b)

Annual Evaluation

The School shall, at least once every 12 months, make an inquiry into the applicant’s complete driving record of each school bus driver it employs, with DPS and with any state in which the applicant held a motor vehicle operator’s license or permit during that time period. The School shall review the driving record to determine whether that person meets minimum requirements, as described at 37 Administrative Code 14.14(d) related to penalty points for convictions of traffic law violations and crash involvements.

Transp. Code 512.022(d); 37 TAC 14.14(c)

Disqualification 

Any person who has accumulated ten or more penalty points shall be considered ineligible to transport students until such time as he or she may become qualified. A school bus driver who receives notice that his or her license, permit, or privilege to operate a motor vehicle has been revoked, suspended, or withdrawn shall notify the district of the contents of the notice before the end of the business day following the day the driver received it. TSBVI shall not permit a disqualified driver to drive a school bus, school bus, activity bus or multifunction school activity bus.  37TAC 14.14(g)

EMPLOYEE RECORDS

Professional Employees

The following records on professional personnel must be readily available for review by the Commissioner:

  1. Credentials (certificate or license);
  2. Service record(s) and any attachments;
  3. Contract;
  4. Teaching schedule or other assignment record; and
  5. Absence from duty reports.

Service Record

The basic document in support of the number of years of professional service claimed for salary increment purposes and both the state’s sick and personal leave program data for all personnel is the service record (form FIN-115) or a similar form containing the same information.  It is the responsibility of the issuing district to ensure that service records are true and correct and that all service recorded on the service record was actually performed.

The service record must be validated by a person designated by the School to sign service records.  The service record shall be kept on file at the School.  When employment with the School is terminated, the original service record, signed by the employee, shall be given to the employee upon request or sent to the next employing district.  The School must maintain a legible copy for audit purposes.

19 TAC 153.1021(b), (d)

Former Employees

On request by a classroom teacher, librarian, counselor, or nurse or by the district employing one of those individuals, a district that previously employed the individual shall provide a copy of the individual’s service record to the district employing the individual. (In this paragraph, the term “district” also applies to TSBVI.) If the former employee requests a copy from TSBVI, the School must provide a copy not later than the 30th day after the later of:

  1. The date the request is made; or
  2. The date of the last day of the individual’s service to the School. 

The original service record, signed by the employee, shall be given to the employee upon request or sent to the next employing district. The School must maintain a legible copy for audit purposes.  A scanned version of the original service record may be considered original if sent directly from one employing school to another employing school. 

Education Code 21.4031; 19 TAC 153.1021(b), (d)

Access to Employee Records

With regard to public access to information in personnel records, custodians of such records shall adhere to the requirements of the Public Information Law.  Gov’t Code 552 [See GBA]  

Information in a personnel file is excepted from the requirements of the Public Information Law if the disclosure would constitute a clearly unwarranted invasion of personal privacy. 

An employee of the School shall choose whether to allow public access to information in the School’s custody that relates to the employee’s home address, home telephone number, or Social Security number, or that reveals whether the person has family members. 

Gov’t Code 552.024, .102(a)

The social security number of an employee of a district in the custody of the district is confidential. A district may not require an employee or former employee of the district to choose whether to allow public access to the employee’s or former employee's social security number.  Gov’t Code 552.024(a-1), .147(a-1)

Employee Right of Access

All information in the personnel file of a School employee shall be made available to that employee or the employee’s designated representative as public information is made available under the Public Information Law.  An employee or an employee’s authorized representative has a special right of access, beyond the right of the general public, to information held by the School that relates to the employee and that is protected from public disclosure by laws intended to protect the employee’s privacy interests.

The School may not deny to the employee or his or her representative access to information relating to the employee on the grounds that the information is considered confidential by privacy principles under the Public Information Law.  The School may assert as grounds for denial of access other provisions of the Public Information Law or other laws that are not intended to protect the employee’s privacy interests. 

If the School determines that information in the employee’s records is exempt from disclosure under an exception of Government Code Chapter 552, Subchapter C, other than an exception intended to protect the privacy interest of the requestor or the person whom the requestor is authorized to represent, it shall submit a written request for a decision to the attorney general before disclosing the information.  If a decision is not requested, the School shall release the information to the requestor not later than the tenth day after the request for information is received. 

Gov’t Code 552.023,.102(a);.307

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, 1/25/08, 4/5/13, 4/6/18
Reviewed:        5/31/01