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TITLE 19EDUCATION
PART 7STATE BOARD FOR EDUCATOR CERTIFICATION
CHAPTER 229ACCOUNTABILITY SYSTEM FOR EDUCATOR PREPARATION PROGRAMS
RULE §229.7Record Review of Certain Decisions

(a) Applicability. This section applies only to a notice required under §229.5(d) of this title (relating to Accreditation Sanctions and Procedures) or under §229.6(c) of this title (relating to Continuing Approval) proposing to:

  (1) require an educator preparation program (EPP) or a particular field of certification offered by an EPP to obtain technical assistance as provided by the Texas Education Code (TEC), §21.0451(a)(2)(A);

  (2) require an EPP or a particular field of certification offered by an EPP to obtain professional services as provided by the TEC, §21.0451(a)(2)(B);

  (3) appoint a monitor for an EPP or a particular field of certification offered by an EPP as provided by the TEC, §21.0451(a)(2)(C);

  (4) assign an accreditation status of Accredited-Warned, Accredited-Probation, or Not Accredited-Revoked, as specified in §229.4 of this title (relating to Determination of Accreditation Status);

  (5) issue a public reprimand or impose conditions on the continuing approval of an EPP to recommend candidates for certification pursuant to §229.5(d) of this title;

  (6) revoke the approval of an EPP to recommend candidates for certification in a particular field of certification; or

  (7) revoke the approval of an EPP to recommend candidates for certification.

(b) Notice. Notice of a proposed order or change in accreditation status, subject to this section, shall be made as provided by §229.5(d) and §229.6(c) of this title, and this section.

  (1) The notice shall attach or make reference to all information on which the proposed order is based.

    (A) Information maintained on the Texas Education Agency (TEA) and State Board for Educator Certification (SBEC) websites may be referenced by providing a general citation to the information.

    (B) The TEA and SBEC reports previously sent to the EPP may be referenced by providing the title and date of the report.

    (C) On request, the TEA shall provide copies of, or reasonable access to, information referenced in the notice.

  (2) The notice shall state the procedures for requesting a record review of the proposed order or change in accreditation status under this section, including the name and department of the TEA representative to whom a request for record review may be addressed.

  (3) The notice shall set a deadline for requesting a record review, which shall not be less than ten calendar days from the date of receipt of the notice. The notice may be delivered by mail, personal delivery, facsimile, or email.

(c) Request. The chief operating officer of the EPP may request, in writing, a record review under this section.

  (1) The request must be properly addressed to the TEA representative identified in the notice under subsection (b)(2) of this section and must be received by the TEA representative on or before the deadline specified in subsection (b)(3) of this section.

  (2) A timely and sufficient request for record review is a prerequisite for any appeal of the proposed order under §229.8 of this title (relating to Accreditation Revocation Appeals).

(d) Preliminary matters.

  (1) In response to a request under subsection (c) of this section, the TEA representative shall provide written notice to the EPP of the date, time, and place for the record review.

    (A) In the written notice, the TEA representative may:

      (i) set time limits for presentations on the record review;

      (ii) set deadlines for exchanging documents prior to the record review;

      (iii) set deadlines for identifying participants who may present information or ask questions during the record review; and

      (iv) provide any other instructions on the conduct of the record review.

    (B) The TEA representative may consider reasonable requests to reschedule the record review and associated deadlines, but shall give primary importance to the need for a timely resolution of the matter under record review.

    (C) The record review shall be completed on or before the expiration of 30 calendar days following receipt of the request under subsection (c) of this section.

    (D) Timely completion of the record review under subsection (c) of this section is a prerequisite for an appeal of the proposed order under §229.8 of this title.

  (2) The EPP shall submit any written information to the TEA representative in advance of the record review. To be considered part of the record, such information must also be presented during the record review.

  (3) In its request for record review, or within a reasonable time thereafter, the EPP may request that specific TEA staff attend the record review to assist the TEA representative in reviewing the information presented.

    (A) Such request shall be limited to TEA staff directly involved in the development of the information identified in the notice under subsection (b) of this section.

    (B) If reasonable and practicable, the TEA representative shall schedule the record review so as to allow the requested TEA staff to attend.

  (4) At all times prior to the record review, the EPP is encouraged to contact the office of the TEA representative to discuss the process and to facilitate preliminary matters. However, such communications will not be recorded and will not be considered part of the record.

  (5) The EPP identification number of the affected entity must be included in all written correspondence on the record review, as well as the date the notice was issued under subsection (b) of this section. Correspondence relating to the record review may be made part of the record.

  (6) All deadlines under this section shall be calculated from the date of actual receipt. No mailbox rule applies.

(e) Record review.

  (1) The TEA representative shall meet with the chief operating officer and/or representatives of the EPP at the TEA headquarters in Austin, Texas, to receive oral and written information.

  (2) The proceedings shall be recorded by audiotape or similar means. The audiotape and all written information presented during the record review shall comprise the official record of the proceedings.

  (3) The EPP may have legal counsel present during the proceedings.

  (4) The EPP may present information verbally and in writing and may rebut information presented by the TEA staff.

  (5) The rules of evidence do not apply. Presentations need not follow question-and-answer format.

  (6) The EPP may ask questions of the TEA staff. The TEA representative may designate a specific portion of the meeting for this purpose.

  (7) The TEA representative may ask questions of any participant directly or through the TEA staff.

  (8) The TEA representative shall strictly confine presentations and questions to the matters set forth in the notice and shall exclude information that is irrelevant, immaterial, or unduly repetitious.

  (9) On request, the TEA representative shall include in the record a brief written proffer describing any information excluded under paragraph (8) of this subsection. In lieu of a written proffer, an oral statement may be recorded on a separate audiotape. If the excluded information is in writing, the document shall be identified as excluded and preserved with the record.

  (10) The TEA representative may take official notice of generally recognized information within the TEA staff's area of specialized knowledge.

    (A) Each party shall be notified, either before or during the record review, of the material officially noticed, including TEA staff memoranda or information.

    (B) Any participant may present information to rebut information that is officially noticed.

  (11) The special skills and knowledge of the TEA representative and staff shall be used in evaluating all information presented during the record review.

  (12) At the request of the EPP, a record review may be conducted by telephone or similar means.

  (13) A participant may present information via telephone or similar means during any record review.

(f) Final order. Following the record review, a proposal for decision will be issued by the TEA representative and submitted to the SBEC for entry of a final order. The final order may include changes or additions to the proposed order and such modifications are not subject to another record review procedure. This order may be appealed only as provided by §229.8 of this title.

(g) No request. If no record review is requested by the deadline specified in subsection (b)(3) of this section, a final order may be issued without record review. An order issued without record review may not be appealed under §229.8 of this title, or otherwise.

  (1) The approval of an EPP to provide educator preparation is automatically:

    (A) revoked, void, and of no further force or effect on the effective date of a final decision by the SBEC ordering the EPP closed under this subsection; and

    (B) modified to remove authorization for an individual certification field on the effective date of a final decision by the SBEC ordering the EPP closed under this subsection.

  (2) If sanctions other than revocation of approval and EPP closure are imposed on an EPP under the procedures provided by this subsection, an EPP is not entitled to any additional hearing or appeal.

(h) Other law. Texas Government Code, Chapter 2001, and the TEC, §7.057, do not apply to a record review under this section.


Source Note: The provisions of this §229.7 adopted to be effective April 18, 2010, 35 TexReg 2849

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