As a condition of receiving assistance under Title I, Part A of the ESEA (20 U.S.C. 6301 et seq.), the School shall, at the beginning of each school year, notify the parents of each student attending any school receiving such funds that the parents may request, and the district shall provide the parents on request (and in a timely manner) information regarding the professional qualifications of the student's classroom teachers, including, at a minimum, the following:
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.
20 U.S.C. 6311(h)(6)
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.
Education Code 21.003(a) 21.053(b)
An educator who does not hold a valid certificate may not be paid for teaching or work done before the effective date of issuance of a valid certificate. Education Code 21.053(b)
A person employed by the School as an educational diagnostician before September 1, 2008, may continue employment with the School without obtaining a certificate or permit as an educational diagnostician so long as the person is employed by the School.
Education Code 21.003(a), 21.053(a)
An employee’s probationary, term, or continuing contract under Education Code Chapter 21 is void if the employee:
This provision does not apply to a certified teacher assigned to teach a subject for which the teacher is not certified.
Education Code 21.0031(a), (e)
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)
The School 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 career and technology education.
After employing a person under a school district permit, a district 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 a district’s statement, the Commissioner may inform the district 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, a district may issue the school district teaching permit and the person may teach the subject or class identified in the statement sent to the Commissioner.
A school district teaching permit remains valid unless the district issuing the permit revokes it for cause.
A person authorized to teach under a school district teaching permit issued by a particular district may not teach in another school district unless that other district complies with the permit-issuing provisions. [See DK for Emergency Permits]
Education Code 21.055
The assignment of a teacher to teach a class for which he or she is not properly certified triggers parent notification requirements in accordance with state and federal laws. See DK. in accordance with state and federal laws. See DK.
Pursuant to the No Child Left Behind Act of 2001, each district shall ensure that all teachers teaching in a program supported with funds under Title I, Part A of the ESEA (20 U.S.C. 6301 et seq.) are highly qualified.
The term "core academic subjects" means English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography.
The term "highly qualified":
20 U.S.C. 6319(a)(1), 7801(23)
The term "highly qualified," when used with respect to a special education teacher, means the teacher meets the above requirements, as applicable, and:
Special education teachers who teach alternative achievement standards or who teach two or more core academic subjects exclusively to children with disabilities must also demonstrate subject matter competence as set forth below.
20 U.S.C. 1401(10)
Educational aides shall be certified for the position according to standards established by the State Board for Educator Certification.
If the School receives assistance under Title I, Part A of the ESEA (20 U.S.C. 6301 et seq.), the School shall ensure that all paraprofessionals working in a program supported with those funds shall:
Receipt of a high school diploma is not sufficient to satisfy the formal academic assessment requirement.
The HIGHER EDUCATION OR COMPETENCY TEST requirements above shall not apply to a paraprofessional:
20 U.S.C. 6319
A School employee who serves as head coach or chief sponsor of an extracurricular athletic activity (including cheerleading) that is sponsored or sanctioned by the School or UIL must maintain and submit to the School proof of current certification in first aid and cardiopulmonary resuscitation issued by the American Red Cross, the American Heart Association, or another organization that provides equivalent training and certification.
The School shall adopt procedures for administering this requirement, including procedures for the time and manner in which proof of current certification must be submitted.
Education Code 33.086
Each school nurse, assistant school nurse, athletic coach or sponsor, physical education instructor, marching 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
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.
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 must be certified by the Academy for Certification of Vision Rehabilitation and Education Professionals by the beginning of their employment.
A school bus driver must:
Trans. Code 521.022; 37 TAC 14.11; 14.12; 14.14
The School shall evaluate the driver's license record of each school bus driver at least annually to determine if the driver is still eligible to drive a school bus.
Trans. Code 512.022(d); 37 TAC 14.14
The following records on professional personnel must be readily available for review by the Commissioner:
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 district. 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)
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
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, 552.102(a)
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, 552.102(a); 552.307
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
Reviewed: 5/31/01
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