| (a) In accordance with the provisions of this subchapter,
emergency permits are issued under the authority of the State Board
for Educator Certification (SBEC).
(b) Effective with the 2017-2018 school year, an emergency
permit will limit an individual to one year of service and no renewal
will be allowed.
(c) The one-year limitation on permits referenced in
subsection (b) of this section does not apply to individuals serving
in the position of Junior Reserve Officer Training Corps (JROTC) instructor
or teachers of students with visual impairments. As indicated in §230.77(g)(4)(B)
of this title (relating to Specific Requirements for Initial Emergency
Permits), emergency permits for JROTC instructors must be reissued
every year. Emergency permits for visual impairments referenced in §230.77(f)(2)(B)
of this title may be renewed a maximum of two years.
(d) Under this subchapter, a superintendent or his
or her 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
required for the assignment as specified in Chapter 231 of this title
(relating to Requirements for Public School Personnel Assignments).
The superintendent or his or her designee must:
(1) document locally the efforts the school district
or open-enrollment charter school 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 the Texas Education Agency (TEA) within 45 instructional
days of the date of assignment;
(3) verify that the school district or open-enrollment
charter school 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. (A school 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 school district, as defined in Chapter 153, Subchapter
CC, of this title (relating to Commissioner's Rules on Creditable
Years of Service)); 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 this subchapter.
(e) 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 a school district's right to implement a necessary reduction
in force or other personnel actions in accordance with local school
district or open-enrollment charter school policy.
(f) An emergency permit is authorized for the school
district or open-enrollment charter school for a specific assignment
and is not the property of the individual for whom the emergency permit
was activated.
(g) If an emergency permit authorized by the SBEC is
not used, the school district or open-enrollment charter school shall
notify TEA staff by email.
(h) An emergency permit may be authorized on a hardship
basis for an individual who does not meet all emergency permit requirements
as listed in §§230.75, 230.77, and 230.81 of this title
(relating to General Eligibility Requirements for Emergency Permits,
Specific Requirements for Initial Emergency Permits, and Renewal Requirements
and Procedures) only if approval has been granted and email notification
received from the TEA staff. The school district must:
(l) 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:
(A) that the individual will be enrolled in the first
available course listed on the certification plan; or
(B) 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.
(i) The school district is not required to comply with
the requirements of this subchapter if an uncertified individual is
assigned for a certified teacher that 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.
The school district must comply with the Texas Education Code, §21.057,
pertaining to parental notification.
(j) Candidates who hold an intern certificate under
the provisions of §230.36 of this title (relating to Intern Certificates)
or a probationary certificate under the provisions of §230.37
of this title (relating to Probationary Certificates) may be employed
on an emergency permit during the validity of the intern certificate
or probationary certificate, if the emergency permit is being issued
in a certificate area not available through the educator preparation
program that provided recommendation for the intern certificate or
probationary certificate.
|
