19 Tex. Admin. Code § 227.1 - General Provisions
(a) It is the
responsibility of the education profession as a whole to attract applicants and
to retain educators who demonstrate the knowledge and skills necessary to
improve the performance of the diverse student population of this
state.
(b) Educator preparation
programs (EPPs) shall inform all applicants that:
(1) pursuant to the Texas Education Code
(TEC), §22.083, candidates must undergo a criminal history background
check prior to employment as an educator; and
(2) pursuant to the TEC, §
22.0835, candidates
must undergo a criminal history background check prior to clinical
teaching.
(c) EPPs shall
inform all applicants, in writing, of the following:
(1) the admission requirements as specified
in this chapter;
(2) the
requirements for program completion as specified in Chapter 228 of this title
(relating to Requirements for Educator Preparation Programs); and
(3) in accordance with TEC, §
21.044(g):
(A) the effect of supply and demand forces on
the educator workforce in this state; and
(B) the performance over time of the EPP for
the past five years.
(d) EPPs shall notify, in writing by mail,
personal delivery, facsimile, email, or an electronic notification, each
applicant to and enrollee in the EPP of the following regardless of whether the
applicant or enrollee has been convicted of an offense:
(1) the potential ineligibility of an
individual who has been convicted of an offense for issuance of a certificate
on completion of the EPP;
(2) the
current State Board for Educator Certification (SBEC) rules prescribed in
§
249.16 of this title (relating to
Eligibility of Persons with Criminal History for a Certificate under Texas
Occupations Code, Chapter 53, and Texas Education Code, Chapter 21);
and
(3) the right to request a
criminal history evaluation letter as provided in Chapter 227, Subchapter B, of
this title (relating to Preliminary Evaluation of Certification
Eligibility).
(e) If the
SBEC determines that an EPP has failed to provide the notice required by
subsection (d) of this section to an individual entitled to receive the notice
and that the individual's application for a certificate for which the EPP
prepares the individual was denied because the individual has been convicted of
an offense prior to the EPP providing notice, the SBEC shall order the EPP to:
(1) refund the amount of any tuition paid by
the individual to the EPP; and
(2)
pay to the individual an amount equal to the total of the following, as
applicable:
(A) the amount of any application
fees paid by the individual to the SBEC; and
(B) the amount of any examination fees paid
by the individual to the SBEC and/or to a provider of examinations required for
certification. An EPP is not liable for examination fees if the examination was
not required to be passed to meet the admission requirements of the EPP and/or
the EPP did not provide test approval for the examination.
(f) If the governor of Texas
declares a state of disaster consistent with the Texas Government Code, §
418.014, Texas
Education Agency staff may extend deadlines in this chapter for up to 90 days
as necessary to accommodate persons in the affected disaster areas.
Notes
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