DBA(LEGAL) -

Notice to Parents

Teacher Qualifications

  1. Whether the student's teacher:
    1. Has met state qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction;
    2. Is teaching under emergency or other provisional status through which state qualification or licensing criteria have been waived; and
    3. Is teaching in the field of discipline of the certification of the teacher.
  2. Whether the child is provided services by paraprofessionals and, if so, their qualifications.

Federally Required Notice—Lack of Credentials

State-Required Notice—Lack of Credentials

  1. Certified and assigned to teach a class or classes outside his or her area of certification, as determined by State Board for Educator Certification (SBEC) rules specifying the certificate required for an assignment;
  2. Serving on a certificate issued due to a hearing impairment;
  3. Serving on a certificate issued pursuant to enrollment in an approved alternative certification program;
  4. Certified by another state or country and serving on a certificate issued under Education Code 21.052;
  5. Serving on a school district teaching permit; or
  6. Employed under a waiver granted by the commissioner of education.

Professional Personnel

Certificate

License

School District Teaching Permit

Statement to Commissioner

Noncore Career and Technical Courses

  1. The requirement to hold a baccalaureate degree;
  2. The requirement that the district send a written statement to the commissioner identifying the person, the person's qualifications as a teacher, and the subject or class the person will teach; and
  3. The requirement that the commissioner inform the district in writing if the commissioner finds the person to be not qualified to teach.

Duration of Permit

Emergency Permit

Activation

  1. Document locally the efforts the district 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 TEA within 45 instructional days of the date of assignment;
  3. Verify that the district 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. However, a 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 district, as defined at 19 Administrative Code Chapter 153, Subchapter CC; 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 19 Administrative Code Chapter 230, Subchapter F.

Temporary Vacancies

General Eligibility Requirements

  1. The individual must hold a bachelor's degree or higher from an accredited institution of higher education. [See 19 Administrative Code 230.75(1) for career and technical and trade and industrial education assignments.]
  2. The individual must be at least 18 years of age.
  3. The individual must be able to communicate and understand the English language sufficiently to use it easily and readily in daily communication and teaching, as specified in 19 Administrative Code 230.11, General Requirements.
  4. The individual must be of good moral character. SBEC may refuse to authorize an emergency permit for an individual, applying the same standards that would be applied to the administrative denial of an applicant for certification under 19 Administrative Code 249.12, Administrative Denial; Appeal.
  5. The individual must submit fingerprints in accordance with 19 Administrative Code 232.35(c), Submission of Required Information, and Education Code 22.0831. [See DBAA]

Specific Requirements for Initial Permits

  1. Have completed the appropriate semester credit hours or equivalent contact hours required for the emergency permit sought as specified in 19 Administrative Code 230.77, or, for a degreed, certified teacher, have passed the appropriate content specialization portions of the appropriate certification examination required for the target certificate; and
  2. Have satisfied the appropriate experience requirement specified in 19 Administrative Code 230.77 for the emergency permit sought.
  1. Elementary grades (early childhood–grade 6) (general education).
  2. Secondary grades (grades 7–12) (general education).
  3. All grade levels (early childhood–grade 12) (general education).
  4. Career and technical education programs.
  5. Special populations, such as English language learners (ELLs) and students with special learning needs.
  6. Other instructional and support personnel, such as school counselor, educational diagnostician, school librarian, and JROTC instructor.

Hardship Exception

  1. 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:
    1. That the individual will be enrolled in the first available course listed on the certification plan; or
    2. 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.

Holders of Intern or Probationary Certificates

Procedures for Initial Permit

  1. A completed online emergency permit application;
  2. One of the following:
    1. A certification plan from an approved Texas educator preparation program (EPP); or
    2. Verification of registration for an appropriate certification examination for a teacher that is already certified; and
  3. The appropriate fee (payable by the school district).
  1. A completed online emergency permit application;
  2. A copy of the individual's statement of qualifications, approved by the certification officer of a Texas EPP;
  3. Acceptable license, registration, or certification by a state-authorized or nationally recognized agency in an occupational area appropriate for the assignment;
  4. A certification plan from an approved Texas EPP for the career and technical education certificate appropriate for the assignment; and
  5. The appropriate fee (payable by the school district).

Validity of Emergency Permit

One-Year Limitation

Exceptions

Renewal Requirements and Procedures

  1. The emergency permit must be renewed for the same assignment in the same school district.
  2. Official transcripts verifying completion of a minimum of six semester credit hours or documentation of completion of equivalent contact hours toward the appropriate target certificate must be placed in the individual's personnel file.
  3. If the individual has not completed permit renewal requirements as indicated above, the superintendent or his or her designee must obtain hardship approval from the Texas Education Agency prior to continuation of the assignment.
  4. The appropriate renewal of the emergency permit application must be completed online prior to the beginning date of duties for the current school year.
  5. The school district shall pay the appropriate fee.

Nonrenewable Permits

  1. Has completed all course and degree requirements of a Texas EPP except for successful completion of all appropriate examination requirements. Nonrenewable permits activated for individuals in this category expire 12 months from the date of activation; or
  2. Holds a Texas teacher certificate with an effective date before February 1, 1986, but has not revalidated the certificate for employment purposes by passing an examination. The individual must not have been employed in a Texas school district since the start of the 1985–86 school year. A nonrenewable permit activated for an individual in this category expires six months from the date of activation or at the end of the school year, whichever is less.
  1. An application for a nonrenewable permit completed before the effective date of the assignment; and
  2. The appropriate fee (payable by the district).

Educator Consent

No Property Right

Unused Permits

Certification of Paraprofessional Employees

Federal Requirements for Teachers and Paraprofessionals

Qualifications Before December 10, 2015

  1. Be assigned only duties consistent with the following:
    1. A paraprofessional may be assigned to:
      1. Provide one-on-one tutoring for eligible students, if the tutoring is scheduled at a time when a student would not otherwise receive instruction from a teacher;
      2. Assist with classroom management, such as organizing instructional and other materials;
      3. Provide assistance in a computer laboratory;
      4. Conduct parental involvement activities;
      5. Provide support in a library or media center;
      6. Act as a translator; or
      7. Provide instructional services to students in accordance with items (b) and (c).
    2. A paraprofessional may not provide any instructional service to a student unless the paraprofessional is working under the direct supervision of a teacher consistent with this section; and
    3. A paraprofessional may assume limited duties that are assigned to similar personnel who are not working in a program supported with funds under this part, including duties beyond classroom instruction or that do not benefit participating children, so long as the amount of time spent on such duties is the same proportion of total work time as prevails with respect to similar personnel at the same school.
  2. Regardless of a paraprofessional's hiring date, have earned a secondary school diploma or its recognized equivalent.
  3. If hired after January 8, 2002, have one of the following credentials:
    1. Completed at least two years of study at an institution of higher education;
    2. Obtained an associate's (or higher) degree; or
    3. Met a rigorous standard of quality and can demonstrate, through a formal state or local academic assessment:
      1. Knowledge of, and the ability to assist in instructing, reading, writing, and mathematics; or
      2. Knowledge of, and the ability to assist in instructing, reading readiness, writing readiness, and mathematics readiness, as appropriate.
  1. Who is proficient in English and a language other than English and who provides services primarily to enhance the participation of children in programs under Title I, Part A by acting as a translator; or
  2. Whose duties consist solely of conducting parental involvement activities.

Federal Requirements for Special Education Teachers

  1. Have obtained full state certification as a special education teacher [including participating in an alternate route to certification as a special educator, if such alternate route meets minimum requirements described in 34 C.F.R. 2005.56(a)(2)(ii) as in effect November 28, 2008], or passed the state special education teacher licensing examination, and holds a license to teach in the state as a special education teacher;
  2. Have not had special education certification or licensure requirements waived on an emergency, temporary, or provisional basis; and
  3. Hold at least a bachelor's degree.

CPR and First Aid Certification

AED Certification

School Bus Drivers

Credentials

  1. Be at least 18 years old.
  2. Possess a valid driver's license designating a class appropriate (with applicable endorsement, if commercial driver license) for the gross vehicle weight rating and manufacturer's designed passenger capacity of the vehicle to be operated.
  3. Meet the medical qualifications specified by the Department of Public Safety (DPS) at 37 Administrative Code 14.12. [See DBB]
  4. Maintain an acceptable driving record in accordance with the minimum standards established by the DPS at 37 Administrative Code 14.14.
  5. Maintain an acceptable criminal history record, secured from any law enforcement agency or criminal justice agency, and reviewed in accordance with the provisions of Education Code Chapter 22. [See DBAA]
  6. Possess a valid Texas School Bus Driver Safety Training Certificate, as specified at 37 Administrative Code 14.35 or a valid Enrollment Certificate, as specified at 37 Administrative Code 14.36.

Pre-Employment Inquiries

  1. Any violations of motor vehicle laws or ordinances (other than parking violations) of which the applicant was convicted or forfeited bond or collateral during the three years preceding the date the application is submitted;
  2. Any serious traffic violations, as defined by Transportation Code 522.003(25), of which the applicant was convicted during the ten years preceding the date the application is submitted; and
  3. Any suspension, revocation, or cancellation of driving privilege that the applicant has ever received.

Annual Evaluation

Disqualification

Employee Records

Professional Employees

  1. Credentials (certificate or license);
  2. Service record(s) and any attachments;
  3. Contract;
  4. Teaching schedule or other assignment record; and
  5. Absence from duty reports.

Service Record

Former Employees

  1. The date the request is made; or
  2. The date of the last day of the individual's service to the district.

Access to Employee Records

Employee Right of Access

Lumberton ISD

DBA(LEGAL)-P

UPDATE 109

DATE ISSUED: 10/30/2017