(a) A candidate seeking certification as an educator
must pass the examination(s) required by Texas Education Code (TEC), §21.048,
and the State Board for Educator Certification (SBEC) in §233.1(e)
of this title (relating to General Authority) and shall not retake
an examination more than four times, unless the limitation is waived
for good cause. The burden of proof shall be upon the candidate to
demonstrate good cause.
(1) For the purposes of the retake limitation described
by TEC, §21.048, an examination retake is defined as a second
or subsequent attempt to pass any examination required for the issuance
of a certificate, including an individual core subject examination
that is part of the overall examination required for the issuance
of a Core Subjects certificate as described in §233.2 of this
title (relating to Early Childhood; Core Subjects).
(A) A canceled examination score is not considered
an examination retake.
(B) An examination taken by an educator during a pilot
period is not considered part of an educator's five-time test attempt
limit.
(C) Pursuant to TEC, §21.0491(d), the limit on
number of test attempts does not apply to the trade and industrial
workforce training certificate examination prescribed by the SBEC.
(D) A candidate who fails a computer- or paper-based
examination cannot retake the examination before 30 days have elapsed
following the candidate's last attempt to pass the examination.
(2) Good cause is:
(A) the candidate's highest score on an examination
is within one conditional standard error of measurement (CSEM) of
passing, and the candidate has completed 50 clock-hours of educational
activities. CSEMs will be published annually on the Texas Education
Agency (TEA) website;
(B) the candidate's highest score on an examination
is within two CSEMs of passing, and the candidate has completed 100
clock-hours of educational activities;
(C) the candidate's highest score on an examination
is within three CSEMs of passing, and the candidate has completed
150 clock-hours of educational activities;
(D) the candidate's highest score on an examination
is not within three CSEMs of passing, and the candidate has completed
200 clock-hours of educational activities;
(E) if the candidate needs a waiver for more than one
of the individual core subject examinations that are part of the overall
examination required for the issuance of a Core Subjects certificate,
the candidate has completed the number of clock-hours of educational
activities required for each individual core subject examination as
described in subparagraphs (A)-(D) of this paragraph up to a maximum
of 300 clock-hours. The number of clock-hours for each examination
may be divided equally based on the number of examinations in the
waiver request, but the number of clock-hours for an examination shall
not be less than 50; or
(F) if a CSEM is not appropriate for an examination,
the TEA staff will identify individuals who are familiar and knowledgeable
with the examination content to review the candidate's performance
on the five most recent examinations, identify the deficit competency
or competencies, and determine the number of clock-hours of educational
activities required.
(3) Educational activities are defined as:
(A) institutes, workshops, seminars, conferences, interactive
distance learning, video conferencing, online activities, undergraduate
courses, graduate courses, training programs, in-service, or staff
development given by an approved continuing professional education
provider or sponsor, pursuant to §232.17 of this title (relating
to Pre-Approved Continuing Professional Education Provider or Sponsor)
and §232.19 of this title (relating to Approval of Private Companies,
Private Entities, and Individuals as Continuing Professional Education
Providers), or an approved educator preparation program (EPP), pursuant
to Chapter 228, Subchapter B, of this title (relating to Approval
of Educator Preparation Programs); and
(B) being directly related to the knowledge and skills
included in the certification examination competency or competencies
in which the candidate answered less than 70 percent of competency
questions correctly. The formula for identifying a deficit competency
is the combined total of correct answers for each competency on the
five most recent examinations divided by the combined total of questions
for each competency on the five most recent examinations.
(4) Documentation of educational activities that a
candidate must submit includes:
(A) the provider, sponsor, or program's name, address,
telephone number, and email address. The TEA staff may contact the
provider, sponsor, or program to verify an educational activity;
(B) the name of the educational activity (e.g., course
title, course number);
(C) the competency or competencies addressed by the
educational activity as determined by the formula described in paragraph
(3)(B) of this subsection;
(D) the provider, sponsor, or program's description
of the educational activity (e.g., syllabus, course outline, program
of study); and
(E) the provider, sponsor, or program's written verification
of the candidate's completion of the educational activity (e.g., transcript,
certificate of completion). The written verification must include:
(i) the provider, sponsor, or program's name;
(ii) the candidate's name;
(iii) the name of the educational activity;
(iv) the date(s) of the educational activity; and
(v) the number of clock-hours completed for the educational
activity. Clock-hours completed before the most recent examination
attempt or after a request for a waiver is submitted shall not be
included. One semester credit hour earned at an accredited institution
of higher education is equivalent to 15 clock-hours.
(5) To request a waiver of the limitation, a candidate
must meet the following conditions:
(A) the candidate is otherwise eligible to take an
examination. A candidate seeking a certificate based on completion
of an EPP must have the approval of an EPP to request a waiver;
(B) beginning September 1, 2016, the candidate pays
the non-refundable waiver request fee of $160;
(C) the candidate requests the waiver of the limitation
in writing on forms developed by the TEA staff; and
(D) the request for the waiver is postmarked not earlier
than:
(i) 30 calendar days after an unsuccessful attempt
at the fourth retake of an examination as defined in TEC, §21.048;
or
(ii) 90 calendar days after the date of the most recent
unsuccessful examination attempt that was the result of the most recently
approved request for waiver of the limitation.
(6) The TEA staff shall administratively approve each
application that meets the criteria specified in paragraphs (2)-(5)
of this subsection.
(7) An applicant who does not meet the criteria in
paragraphs (2)-(5) of this subsection may appeal to the SBEC for a
final determination of good cause. A determination by the SBEC is
final and may not be appealed.
(b) A candidate seeking a standard certificate as an
educator based on completion of an approved EPP may take the appropriate
certification examination(s) required by subsection (a) of this section
only at such time as the EPP determines the candidate's readiness
to take the examinations, or upon successful completion of the EPP,
whichever comes first.
(c) The holder of a lifetime Texas certificate effective
before February 1, 1986, must pass examinations prescribed by the
SBEC to be eligible for continued certification, unless the individual
has passed the Texas Examination of Current Administrators and Teachers
(TECAT).
(d) The commissioner of education approves the satisfactory
level of performance required for certification examinations, and
the SBEC approves a schedule of examination fees and a plan for administering
the examinations.
(e) The appropriate examination(s) required for certification
are specified in the figure provided in this subsection. For issuance
of a probationary or standard certificate in more than one certification
category, a candidate must pass the appropriate pedagogy examination
specified in the figure provided in this subsection for any one of
the certificates sought.
Attached Graphic
(f) Scores from examinations required under this title
must be made available to the examinee, the TEA staff, and, if appropriate,
the EPP from which the examinee will seek a recommendation for certification.
Candidates may use passing scores on an examination required under
this section for certification if the candidate is recommended for
certification up to one year after the last operational date for the
examination as prescribed in Figure: 19 TAC §230.21(e).
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