Board Operating Policies and Procedures
Below are the State Board for Educator Certification Operating Rules that were last amended on August 7, 2015
The State Board for Educator Certification (the Board)
adopts and implements the Board Operating Policies and Procedures to achieve
the following purposes:
1. To outline
the Board’s general powers and duties under chapter 21, subchapter B, of the
Texas Education Code, and other applicable laws;
2. To establish
procedural rules governing the Board pursuant to section 21.041(a) of the Texas
3. To apprise
board members of the standards of conduct and conflict of interest provisions
applicable to their conduct pursuant to chapter 572 of the Texas Government
4. To adopt
policies that clearly define the responsibilities of the Board and TEA staff.
In exercising its powers and fulfilling its duties the Board
shall strive to:
major visionary guiding policies and procedures;
the vision and goals that define the results that the Board seeks to achieve;
3. Serve as a
link between the Board and state policy makers;
accountability for its decisions and actions;
5. Establish an
effective relationship with TEA staff;
objectivity in reviewing the facts during the decision-making process;
7. Act in the
best interest of school children, their parents, professional educators, and
learn and be willing to take risks to improve the educational system within the
boundaries of statutory authority; and
9. Review the
Board Operating Policies and Procedures annually.
These Board Operating Policies and Procedures apply to all
activities conducted by the Board.
D. Responsibility for
The Board and its officers are responsible for ensuring the
implementation and adherence to the Board Operating Policies and Procedures.
The Board shall comply fully with the nondiscrimination
provisions of state and federal law, rules, and regulations. The Board shall ensure that no person shall
be excluded from consideration for appointment as an officer or committee
member of the Board, or be denied benefits of, or participation in, any program
or activity overseen by the Board, on the grounds of race, religion, color, national
origin, sex, disability, age or veteran status, in violation of law.
II. THE BOARD
A. Powers and Duties
1. Authority. The Powers and Duties of the Board are set
out in subchapter B, chapter 21 of the Texas Education Code. Other duties of the Board may be included in
provisions of the Texas Government Code and General Appropriations Act.
Authority for Disciplinary Orders. The
Chairperson may sign on behalf of a majority of the Board a decision or order
issued in a disciplinary case or other matter arising under 19 Texas
Administrative Code Chapter 249, relating to Board disciplinary proceedings,
including enforcement of the educator's code of ethics. Members of the majority, however, retain
discretion to sign any decision or order.
The Chairperson officially represents the Board in communicating policy and
procedures. However, this provision does
not prohibit other Board members from commenting publicly about the Board in
their individual capacities or otherwise expressing personal opinions about the
4. Purpose. The primary purposes of the Board, as set out
in section 21.031 of the Education Code, are as follows:
The Board is established to recognize public school
educators as professionals and to grant educators the authority to govern the
standards of their profession. The board shall regulate and oversee all aspects
of the certification, continuing education, and standards of conduct of public
school educators. In proposing rules
under this subchapter, the board shall ensure that all candidates for
certification or renewal of certification demonstrate the knowledge and skills
necessary to improve the performance of the diverse student population of this
B. Board Composition
The Number, Term, Qualifications and Method of Appointment
of the Board are provided in subchapter B, chapter 21, of the Texas Education
• The Board
is composed of 15 members. The commissioner of education shall appoint an
employee of the agency to represent the commissioner as a non-voting member.
The commissioner of higher education shall appoint an employee of the Texas
Higher Education Coordinating Board to represent the commissioner as a
non-voting member. The governor shall appoint a dean of a college of education
in this state as a non-voting member, and appoint a person who has experience
working for and knowledge of an alternative educator preparation program as a
non-voting member. The remaining 11 members are appointed by the governor with
the advice and consent of the senate, as follows:
a. four members
must be teachers employed in public schools;
b. two members
must be public school administrators;
c. one member
must be a public school counselor; and
d. four members
must be citizens, three of whom are not and have not, in the five years
preceding appointment, been employed by a public school district or by an
educator preparation program in an institution of higher education and one of
whom is not and has not been employed by a public school district or by an
educator preparation program in an institution of higher education.
1. The Board
members appointed by the governor hold office for staggered terms of six years
with terms of one-third of the members expiring on February 1 of each
2. A member
appointed by the commissioner of education or commissioner of higher education
serves at the will of the commissioner.
3. In the event
of a vacancy during a term of a member appointed by the governor, the governor
shall appoint a replacement who meets the qualifications of the vacated office
to fill the unexpired portion of the term.
D. New Member
A new appointee to the Board shall be given an orientation
to the activities of the Board.
• New Member
Orientation shall include the following topics:
a. Board mission,
goals, objectives, and strategic plan;
organization, function, and powers and duties;
c. Board member
responsibilities, including the proper role of the member in policy making,
deliberations, communications, and relations with the administrative staff of
the Texas Education Agency;
d. Standards of conduct
as public officials;
e. Board meetings and
other Board functions;
f. Legislative and
g. Texas open government laws, including information
regarding mandatory training in open meetings and public information as
required by the chapters 551 and 552 of the Texas Government Code;
h. Disciplinary proceedings and code-of-ethics enforcement
laws, including pertinent Board rules and the Texas Administrative Procedure
i. Texas Education
Agency staff functions (certification, accountability, professional discipline,
recruitment & retention, general administration); and
reimbursement/per diem procedures and state regulations.
III. OFFICERS OF THE BOARD
A. Election and
Service of Board Members
The Board shall elect a Chairperson, Vice-Chairperson, and
Secretary, as authorized by section 21.036 of the Education Code. Officers
shall serve for a term of two years, or until a successor has been duly elected
in the event of a vacated position. Elections shall take place at the last
regularly scheduled board meeting of each odd-numbered calendar year. The
officer-elect assumes office at the first regularly scheduled meeting of the
following calendar year.
The Board shall elect one of its members to serve as Chairperson. The Chairperson shall serve as presiding
officer of the Board.
The Board shall elect one of its members to serve as Vice-Chairperson. In the event of absence or disability of the
Chairperson, the Vice-Chairperson shall serve as presiding officer of the Board
and carry out all duties of the Chairperson during that absence or
disability. In case of vacancy of the
office of Chairperson, the Vice-Chairperson shall serve as presiding officer of
the Board and carry out all duties of the Chairperson until the position of
Chairperson is filled.
The Board shall elect one of its members to serve as Secretary. In the event of
absence or disability of the Chairperson and Vice-Chairperson, the Secretary
shall serve as presiding officer of the Board and carry out all duties of the
Chairperson during that absence or disability.
In case of vacancy of the office of Chairperson and Vice-Chairperson,
the Secretary shall serve as presiding officer of the Board and carry out all
duties of the Chairperson until the position of Chairperson is filled.
B. Board Member
A board member receives no compensation for service on the
Board. A board member is entitled to
reimbursement for expenses incurred in performing board member duties, as
provided by subchapter B, chapter 21 of the Education Code and other applicable
C. Board Member
Board members shall adhere to the standards of conduct and
conflict of interest provisions set out in section 572.051 of the Texas
Government Code and other applicable law.
Pursuant to that section, a Board member must adhere to the following:
1. Not accept
or solicit any gift, favor, or service that might reasonably tend to influence
the Board member in the discharge of official duties or that the Board member
knows or should know is being offered with the intent to influence the Board
member’s official conduct;
2. Not accept
other employment or engage in a business or professional activity that the
Board member might reasonably expect would require or induce the Board member
to disclose confidential information acquired by reason of the official
3. Not accept
other employment or compensation that could reasonably be expected to impair
the Board member’s independence of judgment in the performance of the Board
member’s official duties;
4. Not make
personal investments that could reasonably be expected to create a substantial
conflict between the Board member’s private interest and the public interest;
intentionally or knowingly, solicit, accept, or agree to accept any benefit for
having exercised the Board member’s official powers or performed the officer's
or employee's official duties in favor of another;
6. Complete the
financial disclosure statement, as required by chapter 572 of the Texas
7. Complete the
open government training as required by Government Code section 552.012;
8. Be mindful
of the Open Meetings Act when communicating with other Board members outside of
a posted meeting of the Board; or
9. Seek counsel
when presented with a situation that the Board member feels may raise a conflict
D. Board Member
To facilitate open discussion and united representation of
the Board, the Board agreed to the following:
participate in stakeholder meetings;
2. Not attend a
conference as a Board representative;
participate in educator preparation program monitoring visits.
4. Make all
requests to staff for information between board meetings through the associate
commissioner copying the chair.
IV. MEETINGS OF THE BOARD
A. Meetings of the
Meetings. Regular meetings of the Board
shall be held at such intervals as may be determined by the Board. The Board shall meet at least once per
quarter of the calendar year on dates determined by the Board. In setting its meetings, the Board shall
attempt to avoid scheduling conflicts with meetings of the State Board of
Meetings. An Emergency Meeting of the
Board may be called by the Chairperson or the Vice-Chairperson. Notice of such meeting shall be communicated
in the manner most likely to give the greatest amount of notice to the
members. Every meeting notice to Board
members shall contain the meeting time, place, day, and general nature of the
business to be transacted.
meetings of the Board. Special meetings
of the board may be held at times and places as ordered by the board during a
regular meeting, or special meetings may be called by the chair of the board to
be held at a time and place the chair shall designate.
4. Notice. The Chairperson shall designate a location
for each Board meeting. Notice of the
meetings, including the location shall be posted pursuant to the requirements
of the Texas Open Meetings Act. All
meetings shall be open to the public, except executive sessions as discussed
below. Notice to the public of emergency
meetings shall be given pursuant to the Open Meetings Act.
5. Agendas. The Chairperson shall determine the agenda
for a Board meeting. Any member of the Board may request that an item be placed
on the agenda. The Chairperson makes the
final determination as to whether to place an item on the agenda unless a
majority of the Board members request to add an item or otherwise amend the
agenda. If an item is removed from the
agenda, the Board Chairperson will timely inform other Board members the reason
for removing an agenda item after it has been posted. Final approval of the
agenda lies with the Board Chairperson.
Board members shall receive the agenda and supporting materials for an
upcoming meeting at least ten calendar days before the meeting. In the event the agenda and/or supporting
materials cannot be delivered at least ten calendar days prior to the meeting
the Commissioner or Commissioner’s designee shall notify the Board’s
Chairperson as to the reason why.
6. Quorum/Action. At each regular or emergency meeting, the
Chairperson shall certify a quorum is present in order to conduct official
business of the Board. A quorum of the
board is a majority of the number of members fixed by statute, including
non-voting members. Accordingly, eight
members is a quorum of the board for all purposes. However, the Texas Open Meetings Act
prohibits less than a quorum of members from discussing or deliberating
official business of the Board. A
majority of members present, whether or not they comprise a quorum, may adjourn
the meeting from time to time. A
majority shall mean, for all purposes, more than half of the votes cast,
Governing Board Action. The Board
Operating Policies and Procedures shall govern the action of the Board. In the event that the policies and procedures
do not specify how an action shall be conducted, the Board may refer to the
Robert’s Rules of Order Newly Revised Edition.
of Meetings. All or any part of the
public meeting may be recorded by any person in attendance by means of tape
recorder, video camera, or any other means of sonic or visual reproduction
unless determined by the Chairperson to be disruptive of the meeting. The Chairperson shall determine the location
of any such equipment and the manner in which the recordings are conducted.
9. Webcast. Regular and special meetings of the full
board may be webcast, whenever feasible, for people interested in watching
meetings from a computer or device. Should technical difficulties prevent
webcasting, the Board meeting will continue.
for public comment shall be provided at each regularly scheduled meeting of the
Board and its standing committees. This
policy excludes special and ad hoc committee meetings.
(2) The presiding
officer of the board or committee shall take appropriate action to avoid unduly
repetitive comment and to assure that different members of the public with differing
points of view have reasonable access to the board or committee. The presiding officer shall strive to ensure
that representatives from both sides of an issue are able to address the board
(3) The board
shall not allow public comment regarding individual agreed orders.
and Consent Items
i. The Board
shall allocate up to thirty (30) minutes at the beginning of each regularly
scheduled meeting of the full board for public comment on non-agenda and
consent agenda items.
speaker shall have three minutes, unless the Board extends the time. Comment
invited by board members shall not be counted against the speaker’s time.
iii. The presiding
officer shall announce in open session which registered speakers, if any, shall
not be heard and the basis for this determination. The Board may not overrule a
decision with regard to a non-agenda or consent item.
physical arrangements for taking comment shall be provided.
(2) Agenda Items
speaker shall have three minutes, unless the Board extends the time. Comment
invited by board members shall not be counted against the speaker’s time on
ii. The Board
shall allocate up to 30 minutes, total time, to public comment on each agenda
item; however, the Board may, by majority, vote to adjust the total time
allocated to public comment on agenda items. The presiding officer retains
discretion to determine which speakers shall be heard if the number of speakers
exceeds or is expected to exceed the time allocated for public comment, giving
priority to new speakers and alternating comment by viewpoint.
physical arrangements for taking comment shall be provided.
comment to a committee shall be limited to items posted for action or
speaker shall have three minutes, unless the committee extends the time.
Comment invited by committee members shall not be counted against the speaker’s
physical arrangements for taking comment shall be provided.
to Provide Comment
Speakers may register during regular business hours until two business days
preceding the meeting. The speaker is
required to use the form adopted by the board, which is available on the TEA’s
i. The speaker
must provide his or her name, organizational affiliation, if any, and indicate
which agenda item or topic shall be addressed.
A separate form shall be submitted for each agenda item or topic on
which the speaker shall testify. Additionally,
the registrant shall disclose his or her viewpoint on the item or topic, as
well as whether he or she, and the organization represented, if any, is a
lobbyist registered with the Texas Ethics Commission. The date and time the registration was received
shall be noted.
ii. If all
information required by this operating procedure is not provided on the form,
the presiding officer may disallow the comment.
iii. A person
may register only one person, either himself or herself, or another person.
Organizations are encouraged to register only one person per item. Registrants
are encouraged to bring twenty (20) written copies of comment.
iv. A registrant
offering written materials in lieu of oral comment shall provide the materials
to staff for distribution. Written
comment shall not exceed three pages of double-spaced text and shall be
attached to a completed registration form.
Written comment may be submitted in person at the meeting or by mail,
fax, or electronic mail, as specified on the registration form. Written
materials offered in lieu of oral comment should be submitted two business days
before the meeting to ensure that members have had an opportunity to consider
it, but must be submitted no later than 30 minutes prior to the meeting. Board minutes shall reflect the name of the
registrant, affiliation if any, and the item or topic addressed. Copies of the written comment shall be
provided to all board members but shall not be attached to the board minutes.
registration at the board meeting. Late
registration for providing oral or written comment will be accepted up to 30
minutes prior to the beginning of the board meeting.
11. Oral Argument
Regarding Educator Disciplinary Cases
argument to the Board is not an evidentiary hearing and may not include
presentation of new facts or testimony.
argument is strictly confined to matters contained in the record before the
State Office of Administrative Hearings and legal challenges to the Proposal
for Decision, including the proposed sanction.
argument shall be presented by up to two individuals authorized by the party.
Presenters may be a licensed attorney representing the party, an authorized
party representative or the party.
authorized individual or individuals representing the party may present oral
argument for a period not to exceed ten minutes in total. Responses to
questions of Board members shall not be counted against the party’s time.
e. The Board’s
attorney shall assist the Board in implementing this procedure.
f. The party,
authorized party representative, or licensed attorney representing the party
shall notify the Administrative Liaison to the Board of the intent to present
oral argument to the Board by facsimile to (512) 463-8762. Notification must be made four calendar days
before the board meeting and include all proposed speakers.
12. Motions for
accordance with Texas Government Code §2001.146(d) the Board may resolve
motions for rehearing outside a formal hearing using suitable means of
b. Motions for
rehearing and responses to motions for rehearing shall be submitted to the
Administrative Liaison to the Board by facsimile to (512) 463-8762 or by
personal delivery in accordance with timelines established under Texas
Government Code §2001.146.
Administrative Liaison to the Board shall submit copies of the motions and
replies to the Board’s legal counsel.
The Board’s legal counsel shall submit copies of the motion and replies
to each Board member in a separate email using authorized email addresses. The Board’s legal counsel shall include a
brief reminder of the procedures and timeframes in the correspondence.
members shall direct questions regarding motions and replies to the Board’s
legal counsel and not to TEA staff, and shall not confer with each other
regarding motions and replies.
e. Each board
member shall send an individual email to the Board’s legal counsel indicating
approval or denial of the motion for rehearing to the Board’s legal counsel
within the time frame established under Texas Government Code §2001.146. Failure to respond within the appropriate
time frame shall be considered a denial of the request.
purposes of IV.A.6, all members shall be deemed present to conduct business and
a majority needed to grant a motion for rehearing shall be an affirmative vote
from 6 voting members.
g. At the
conclusion of the appropriate time period or receipt of answers from all voting
members, the Board’s legal counsel shall inform the Board members of the
Board’s final disposition of the motion.
The Administrative Liaison to the Board shall inform the parties of the
final disposition of the motion for rehearing.
h. If a motion
for rehearing is granted, the Board shall take up the matters addressed in the
motion or motions for rehearing at the next meeting of the Board unless
alternative meeting dates are otherwise determined. The Board’s order granting the motion for
rehearing shall include notice of the time when the matters subject to the
approved motion for rehearing will be considered by the Board.
i. The Board
may utilize any lawful means to resolve motions for rehearing at their
B. Executive Sessions
Executive Sessions of the Board are closed meetings of the
Board which may be held as authorized by the Open Meetings Act.
V. BOARD COMMITTEES
The Board may establish regular, standing, temporary, or
advisory committees as it may deem appropriate to perform such functions as it
A. Board Committees
The Board Chairperson shall appoint an appropriate number of
members to serve on the committees, including one to serve as presiding
officer. The Board has established the
following standing committees:
Committee. This committee is established
to monitor and review bills that affect the Board and to propose legislative
recommendations to the Board for consideration.
1. The Board may establish advisory
committees and shall approve advisory committee members but may not serve as an
ex officio member.
2. An advisory
committee may adopt its own rules for internal governance, as long as those
rules do not conflict with the Board Operating Policies and Procedures.
of Advisory Committee Members. TEA is prohibited from paying fees and expenses
to advisory committee members unless specifically authorized by the provisions
of the General Appropriations Act.
4. The Board
has established the following Advisory Committee:
Preparation Advisory Committee. The purpose of this committee is to advise the
agency and the Board on matters relating to the educator preparation programs
in Texas. The committee shall reflect
the proportionate representation of the various types of programs that have
been approved by the Board, and reflect the diverse population of Texas.
VI. BOARD RULES
A. Rule Making
Authority. The Board shall adopt rules as required by section 21.041 of the
Texas Education Code.
B. Rule Making
Process. The Board shall approve a rule making process to be followed by the
Board for proposing and adopting new rules, amendments, and repeals. The Board,
by majority vote, may agree to a departure from the approved rule making
process as allowed by law. A copy of the
rule making process shall be incorporated herein and published as part of the
Board's operating policies and procedures, as Table 1. The Board shall enter
into a Memorandum of Agreement with TEA to perform administrative functions
related to the adoption, amendment, repeal of the Board’s rules. Upon adoption, that Memorandum of Agreement
shall be incorporated herein and published as a part of the Board’s operating
policies and procedures, as Table 2.
C. Rule Review
Process. In accordance with Texas Government Code, §2001.039, the Board shall
review its rules every four years to ensure that statutory authority and reason
for the rules continue to exist.
Participation in Rule Making. As part of the Board’s rulemaking process,
stakeholder input shall be sought on draft Board rules, as appropriate.
Non-Substantive Rule Corrections with the Secretary of State. The Commissioner
of Education or the Commissioner’s designee may approve and file with the
Secretary of State non-substantive corrections to the Board’s rules. Non-substantive rule corrections may include
typographical, grammatical, referencing, or spelling errors and technical edits
to comply with Texas Register style and format requirements.
VII. CONTRACTS AND MEMORANDA OF AGREEMENT
A. Contracts. The Board shall execute interagency contracts
to perform routine administrative functions and may execute other contracts as
allowed by law.
B. Delegation. The Chairperson of the Board may execute
contracts on behalf of the Board and may delegate this authority to another
member of the Board.
C. Memorandum of
Agreement. The Board shall enter into a
Memorandum of Agreement with the Texas Education Agency to provide
administrative services and perform ministerial functions required by law.
A. Fiscal Year. The fiscal year of the Board shall be the
official fiscal year of the State of Texas.
It shall begin on September 1 and end on August 31 of each year.
B. Minutes. Minutes
of the Board meetings shall be prepared and maintained, as required in the Open
shall be approved by the Board.
2. Before the
Board approves the minutes of the last meeting, the minutes shall be sent to
each member of the Board for review, comment, and correction prior to approval.
3. Minutes are
available for public review as authorized by the Open Meetings Act. All books and
records of the Board shall be stored according to the records retention
schedules as set forth by the State Library and Archives Commission.
IX. POLICIES AND PROCEDURES: GUIDELINES
A. Effective Date of
Policies and Procedures. These policies
and procedures and any amendments to them shall become effective only upon
approval of the Board.
B. Amendments to
Policies and Procedures. Any of these
policies and procedures may be altered, amended, or repealed, and new policies
and procedures may be adopted by an affirmative vote of a majority of the
C. These Board
Operating Policies and Procedures create no substantive or procedural rights.
They are guidelines for the Board’s internal governance only.
D. The Board
Operating Policies and Procedures shall be reviewed annually.
Source: The Board initially adopted these policies and procedures in October 1996. They were amended on the following dates: September 1997, May 2000, May 2002, August 2004, December 2004, January 2005, March 4, 2005, July 28, 2006, January 11, 2008, March 7, 2008, May 9, 2008, July 25, 2008, October 10, 2008, February 6, 2009, June 18, 2009, May 2013, February 14, 2014 and August 7, 2015.