(a) Applicability. This section applies only to a notice
required under §229.5(d) of this title (relating to Accreditation
Sanctions and Procedures) or under §229.6(c) of this title (relating
to Continuing Approval) proposing to:
(1) require an educator preparation program (EPP) or
a particular class or category of certification offered by an EPP
to obtain technical assistance as provided by the Texas Education
Code (TEC), §21.0451(a)(2)(A);
(2) require an EPP or a particular class or category
of certification offered by an EPP to obtain professional services
as provided by the TEC, §21.0451(a)(2)(B);
(3) appoint a monitor for an EPP or a particular class
or category of certification offered by an EPP as provided by the
TEC, §21.0451(a)(2)(C);
(4) assign a change in accreditation status of Accredited-Warned,
Accredited-Probation, or Not Accredited-Revoked, as specified in §229.4
of this title (relating to Determination of Accreditation Status);
(5) issue a public reprimand or impose conditions on
the continuing approval of an EPP to recommend candidates for certification
pursuant to §229.6(b) of this title;
(6) revoke the approval of an EPP to recommend candidates
for certification in a particular class or category of certification;
or
(7) revoke the approval of an EPP to recommend candidates
for certification.
(b) Notice. Notice of a proposed recommendation for
an order or change in accreditation status, subject to this section,
shall be made as provided by §229.5(d) and §229.6(c) of
this title, and this section.
(1) The notice shall attach or make reference to all
information on which the proposed recommendation is based.
(A) Information maintained on the Texas Education Agency
(TEA) and State Board for Educator Certification (SBEC) websites may
be referenced by providing a general citation to the information.
(B) The TEA and SBEC reports previously sent to the
EPP may be referenced by providing the title and date of the report.
(C) On request, the TEA shall provide copies of, or
reasonable access to, information referenced in the notice.
(2) The notice shall state the procedures for requesting
an informal review of the proposed recommendation or change in accreditation
status under this section, including the name and department of the
TEA staff to whom a request for an informal review may be addressed.
(3) The notice shall set a deadline for requesting
an informal review, which shall not be less than 14 calendar days
from the date of receipt of the notice. The notice may be delivered
by mail, personal delivery, facsimile, or email.
(c) Request. The chief operating officer or designee
of the EPP may request, in writing, an informal review under this
section.
(1) The request must be properly addressed to the member
of the TEA staff identified in the notice under subsection (b)(2)
of this section and must be received by TEA staff on or before the
deadline specified in subsection (b)(3) of this section.
(2) The request must set out the reasons the EPP believes
the proposed recommendation or change in accreditation status is incorrect,
with citations to include supporting evidence. The EPP may submit
any written information to TEA as evidence to support its request,
without regard to admissibility under the Texas Rules of Evidence.
The request for review shall concisely state, in numbered paragraphs:
(A) if alleging the proposed recommendation would violate
a statutory provision, the statutory provision violated and the specific
facts supporting a conclusion that the statute was violated by the
proposed recommendation;
(B) if alleging the proposed recommendation would be
in excess of the SBEC's statutory authority, the SBEC's statutory
authority and the specific facts supporting a conclusion that the
proposed recommendation would be in excess of this authority;
(C) if alleging the proposed recommendation was made
through unlawful procedure, the lawful procedure and the specific
facts supporting a conclusion that the proposed recommendation was
made through unlawful procedure;
(D) if alleging the proposed recommendation is affected
by other error of law, the law violated and the specific facts supporting
a conclusion that the proposed recommendation violated that law;
(E) if alleging the proposed recommendation is not
reasonably supported by a preponderance of the evidence, each finding,
inference, or conclusion of the proposed recommendation that is unsupported
by a preponderance of the evidence, and the evidence that creates
a preponderance against the specific finding, inference, or conclusion
at issue;
(F) if alleging the proposed recommendation is arbitrary
or capricious or characterized by abuse of discretion or clearly unwarranted
exercise of discretion, each finding, inference, conclusion, or proposed
recommendation affected and the specific facts supporting a conclusion
that each is so affected;
(G) for each violation, error, or defect alleged under
subparagraphs (A)-(F) of this paragraph, the substantial rights of
the EPP that are prejudiced by such violation, error, or defect;
(H) a concise statement of the relief sought by the
EPP (petitioner); and
(I) the name, mailing address, telephone number, facsimile
number, and email address of the petitioner's representative.
(3) Failure to comply with the requirements of this
subsection may result in dismissal of the request for informal review.
(d) No review requested. If the TEA staff does not
receive the EPP's request for an informal review by the deadline set
in accordance with subsection (b)(3) of this section, the proposed
recommendation will become a final recommendation and will proceed
in accordance with subsection (f) of this section.
(e) Informal review. In response to a request under
subsection (c) of this section, TEA staff will review the materials
and documents provided by the EPP and issue a final recommendation.
The final recommendation may include changes or additions to the proposed
recommendation and such modifications are not subject to another informal
review.
(f) Final recommendation.
(1) If the final recommendation proposes revocation
of approval of an EPP to recommend candidates for educator certification,
Within 14 calendar days of receipt of the final recommendation, the
EPP may agree in writing to accept the final revocation without further
proceedings or may request that TEA staff schedule the matter for
a hearing before an administrative law judge at the State Office of
Administrative Hearings (SOAH), as provided by §229.8 of this
title (relating to Contested Cases for Accreditation Revocation).
(2) If the final recommendation does not propose revocation
of approval of an EPP to recommend candidates for educator certification,
the final recommendation will be submitted to SBEC for consideration
of a final order.
(g) Other law. Texas Government Code, Chapter 2001,
and the TEC, §7.057, do not apply to an informal review under
this section.
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Source Note: The provisions of this §229.7 adopted to be effective April 18, 2010, 35 TexReg 2849; amended to be effective October 26, 2014, 39 TexReg 8395; amended to be effective December 27, 2016, 41 TexReg 10302; amended to be effective January 8, 2024, 49 TexReg 39 |