SPECIAL EDUCATION AND RELATED SERVICE PERSONNEL

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SPECIAL EDUCATION AND RELATED SERVICE PERSONNEL

Authorities: 34 CFR Part 300; Texas Education Code; Texas Occupations Code; 19 TAC Chapter 89

	FEDERAL AND STATE REQUIREMENTS
Practice	All special education and related service personnel must be certified, endorsed, or licensed in the areas of assignment, except: Citations: 89.1131(a) TEC 21.003 TEC 21.0485 300.156(a) 300.156(b)
Practice	The person employed by a district prior to September 1, 2011, to perform marriage and family therapy is not required to hold a license as a marriage and family therapist to provide marriage and family therapy with that district. Citations: TEC 21.003(b) TX Occupations Code 502.002
	SPECIAL EDUCATION TEACHER QUALIFICATIONS
Practice	For any public elementary or secondary school special education teacher in the state, qualified means that the teacher: Citations: 300.156(c)(1)
Practice	Has obtained full state certification as a special education teacher, including alternative certification, or passed the state special education teacher licensing examination, and holds a license to teach in the state as a special education teacher; Citations: 300.156(c)(1)(i)
Practice	Has not had special education certification or licensure requirements waived on an emergency, temporary, or provisional basis; and Citations: 300.156(c)(1)(ii)
Practice	Holds at least a bachelor's degree. Citations: 300.156(c)(1)(iii)
	ALTERNATIVE CERTIFICATION
Practice	A teacher in an alternative certification program who is not yet fully certified may be considered to be qualified if the teacher meets the following requirements: Citations: 300.156(c)(2)
Practice	The teacher is participating in an approved State Board of Education certification alternative route to special education certification program under which the teacher: Citations: 300.156(c)(2)(i)
Practice	Receives high-quality professional development that is sustained, intensive, and classroom-focused in order to have a positive and lasting impact on classroom instruction, before and while teaching; Citations: 300.156(c)(2)(i)(A)
Practice	Participates in a program of intensive supervision that consists of structured guidance and regular ongoing support for teachers or a teacher mentoring program; Citations: 300.156(c)(2)(i)(B)
Practice	Assumes functions as a teacher only for a specified period of time not to exceed three years; and Citations: 300.156(c)(2)(i)(C)
Practice	Demonstrates satisfactory progress toward full certification as prescribed by the state. Citations: 300.156(c)(2)(i)(D)
	ASSIGNMENT
Practice	A teacher who holds a special education certificate or an endorsement may be assigned to any level of basic special education instructional program serving children with disabilities ages 3 to 21, as permitted by certification, except: Citations: 89.1131(b)
Practice	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; Citations: 89.1131(b)(1)
Practice	Teachers holding only a special education endorsement for early childhood education for children with disabilities must be assigned only to programs serving infants through grade 6; Citations: 89.1131(b)(2)
Practice	Teachers certified in the education of children with visual impairments must be available to children with visual impairments, including deaf-blindness, through one of the local educational agency's (LEA's) instructional options, a shared services arrangement with other LEAs, or an education service center: Citations: 89.1131(b)(3)
Practice	Teachers assigned full-time or part-time to instruct children from birth through age two with visual impairments, including deaf-blindness, must be certified in the education of children with visual impairments; Citations: 89.1131(b)(6)
Practice	Teachers certified in the education of children who are deaf or hard of hearing must be available to children who are deaf or hard of hearing, including a regional day school program for the deaf, or a shared services arrangement with other LEAs: Citations: 89.1131(b)(4) TEC 29.304(a)
Practice	Teachers assigned full-time or part-time to instruct children from birth through age two who are deaf, including deaf-blindness, must be certified in education of children who are deaf and severely hard of hearing; Citations: 89.1131(b)(6)
Practice	Teachers with secondary certification with the generic delivery system may be assigned to teach grades 6-12 only; and Citations: 89.1131(b)(7)
Practice	When the admission, review, and dismissal committee has specified arrangements for physical education in the child's individualized education program, physical education may be provided by: Citations: 89.1131(b)(5)(A)
Practice	Special education instructional or related service personnel who have the necessary skills and knowledge; Citations: 89.1131(b)(5)(A)(i)
Practice	Physical education teachers; Citations: 89.1131(b)(5)(A)(ii)
Practice	Occupational therapists; Citations: 89.1131(b)(5)(A)(iii)
Practice	Physical therapists; or Citations: 89.1131(b)(5)(A)(iv)
Practice	Occupational therapy assistants or physical therapy assistants working under supervision in accordance with the standards of their profession. Citations: 89.1131(b)(5)(A)(v)
Document	When physical education services are provided by special education personnel, the LEA must document that personnel have the necessary skills and knowledge, including, but not limited to, inservice records, evidence of attendance at seminars or workshops, or transcripts of college courses. Citations: 89.1131(b)(5)(B)
Practice	Orientation and mobility instruction must be provided by a certified orientation and mobility specialist who is certified by the Academy for Certification of Vision Rehabilitation and Education Professionals. Citations: 89.1131(e)
	PARAPROFESSIONAL PERSONNEL
Practice	Paraprofessional personnel must be certified. Citations: 89.1131(c)
Practice	Paraprofessional personnel may be assigned to work with: Citations: 89.1131(c)
Practice	Eligible children with disabilities; Citations: 89.1131(c)
Practice	General education and special education teachers; and Citations: 89.1131(c)
Practice	Related service personnel. Citations: 89.1131(c)
Practice	Paraprofessional personnel may also be assigned to: Citations: 89.1131(c)
Practice	Assist children with special education transportation; Citations: 89.1131(c)
Practice	Serve as a job coach; or Citations: 89.1131(c)
Practice	Serve in support of community-based instruction. Citations: 89.1131(c)
Practice	Paraprofessional personnel paid from state administrative funds may be assigned to: Citations: 89.1131(c)
Practice	The Special Education Resource System; Citations: 89.1131(c)
Practice	The Special Education Management System; or Citations: 89.1131(c)
Practice	Other special education clerical or administrative duties. Citations: 89.1131(c)
	INTERPRETERS FOR THE DEAF
Practice	Interpreting services for children who are deaf must be provided by an interpreter who is certified in the appropriate language modes, if certification in such modes is available. Citations: 89.1131(d) TEC 29.304(a)
Practice	If certification is available, the interpreter must be a certified member of, or certified by, the Registry of Interpreters for the Deaf, the Texas Board for Evaluation of Interpreters, or the Texas Health and Human Services Office for Deaf and Hard of Hearing Services. Citations: 89.1131(d)

Last Updated : Tue, Apr 04, 2023

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19 Texas Administrative Code § 89.1131. Qualifications of Special Education, Related Service, and Paraprofessional Personnel.

. . .
(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 school districts.
(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.
. . .

Last Amended: October 5, 2021, 46 TexReg 6533
Entered: October 27, 2021