|(a) All special education and related service personnel
must be certified, endorsed, or licensed in the area or areas of assignment
in accordance with 34 Code of Federal Regulations, §300.156;
the Texas Education Code, §§21.002, 21.003, and 29.304;
or appropriate state agency credentials.
(b) A teacher who holds a special education certificate
or an endorsement may be assigned to any level of a basic special
education instructional program serving eligible students 3-21 years
of age, as defined in §89.1035(a) of this title (relating to
Age Ranges for Student Eligibility), in accordance with the limitation
of their certification, except for the following.
(1) Persons assigned to provide speech therapy instructional
services must hold a valid Texas Education Agency certificate in speech
and hearing therapy or speech and language therapy, or a valid state
license as a speech/language pathologist.
(2) Teachers holding only a special education endorsement
for early childhood education for students with disabilities must
be assigned only to programs serving infants through Grade 6.
(3) Teachers certified in the education of students
with visual impairments must be available to students with visual
impairments, including deaf-blindness, through one of the school district's
instructional options, a shared services arrangement with other school
districts, or an education service center.
(4) Teachers certified in the education of students
who are deaf or hard of hearing must be available to students who
are deaf or hard of hearing, including deaf-blindness, through one
of the school district's instructional options, a regional day school
program for the deaf, or a shared services arrangement with other
(5) The following provisions apply to physical education.
(A) When the admission, review, and dismissal committee
has made the determination and the arrangements are specified in the
student's individualized education program, physical education may
be provided by the following personnel:
(i) special education instructional or related service
personnel who have the necessary skills and knowledge;
(ii) physical education teachers;
(iii) occupational therapists;
(iv) physical therapists; or
(v) occupational therapy assistants or physical therapy
assistants working under supervision in accordance with the standards
of their profession.
(B) When these services are provided by special education
personnel, the district must document that they have the necessary
skills and knowledge. Documentation may include, but need not be limited
to, inservice records, evidence of attendance at seminars or workshops,
or transcripts of college courses.
(6) Teachers assigned full-time or part-time to instruction
of students from birth through age two with visual impairments, including
deaf-blindness, must be certified in the education of students with
visual impairments. Teachers assigned full-time or part-time to instruction
of students from birth through age two who are deaf, including deaf-blindness,
must be certified in education for students who are deaf and severely
hard of hearing.
(7) Teachers with secondary certification with the
generic delivery system may be assigned to teach Grades 6-12 only.
(c) Paraprofessional personnel must be certified and
may be assigned to work with eligible students, general and special
education teachers, and related service personnel. Educational aides
may also be assigned to assist students with special education transportation,
serve as a job coach, or serve in support of community-based instruction.
Educational aides paid from state administrative funds may be assigned
to special education clerical or administrative duties.
(d) Interpreting services for students who are deaf
must be provided by an interpreter who is certified in the appropriate
language mode(s), if certification in such mode(s) is available. If
certification is available, the interpreter must be a certified member
of or certified by the Registry of Interpreters for the Deaf (RID)
or the Texas Board for Evaluation of Interpreters (BEI), Department
of Assistive and Rehabilitative Services (DARS), Office for Deaf and
Hard of Hearing Services (DHHS).
(e) Orientation and mobility instruction must be provided
by a certified orientation and mobility specialist (COMS) who is certified
by the Academy for Certification of Vision Rehabilitation and Education
|Source Note: The provisions of this §89.1131 adopted to be effective September 1, 1996, 21 TexReg 7240; amended to be effective March 6, 2001, 26 TexReg 1837; amended to be effective August 1, 2002, 27 TexReg 3061; amended to be effective November 11, 2007, 32 TexReg 8129; amended to be effective January 1, 2015, 39 TexReg 10446; amended to be effective October 5, 2021, 46 TexReg 6533