| (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.
|
| Source Note: The provisions of this §227.1 adopted to be effective July 11, 1999, 24 TexReg 5011; amended to be effective December 14, 2008, 33 TexReg 10011; amended to be effective February 28, 2016, 41 TexReg 1238; amended to be effective October 18, 2016, 41 TexReg 8198; amended to be effective June 3, 2018, 43 TexReg 3355; amended to be effective December 22, 2019, 44 TexReg 7683; amended to be effective August 4, 2024, 49 TexReg 5533 |
