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Columbus ISD
045902
ASSIGNMENT AND SCHEDULES
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DK
(LEGAL)
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ASSIGNMENT
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A person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, or counselor by the District unless the person holds an appropriate certificate or permit. A public school employee must have the appropriate credentials, as set forth by the State Board for Educator Certification, for his or her current assignment, unless the appropriate permit has been issued. Education Code 21.003; 19 TAC 230.601 [See EHBD]
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The District is not required to activate a permit if an uncertified individual is assigned for a certified teacher who will be absent for more than 30 consecutive instructional days due to documented health-related reasons and has expressed the intention to return to the assignment. The District must, however, comply with the parent notification requirements below. 19 TAC 230.501(g)
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PERMITS
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A degreed, certified teacher employed in the previous year or semester in an assignment for which he or she was fully certified may not be assigned to a position that requires activating a permit unless:
- The teacher has given written consent to the activation of the permit; or
- Because of fluctuations in enrollment or changes in course offerings, the teacher's previous assignment no longer exists and no alternative assignment for which the teacher is fully certified is available on that campus. If a permit is activated for a teacher under these circumstances, the teacher shall be offered the opportunity to return to his or her previous assignment or an alternative assignment for which the teacher is fully certified on that campus as soon as such an assignment is available. If a teacher accepts the assignment, the actual transfer of duties shall occur not later than the beginning of the next academic year.
If, under either of the conditions stated above, a permit is activated for a temporary staffing condition within 30 days of the opening of the school year or later during the contract year, the teacher is exempt from the requirement to complete additional coursework or examination requirements for certification for the remainder of the contract year for which the permit is activated. This exemption is not renewable, and a teacher continuing on an emergency permit for a second year must meet the full requirements of an emergency permit.
A teacher under this provision who refuses to consent to activation of a permit may not be terminated or nonrenewed or otherwise retaliated against because of the teacher's refusal to consent to the activation of the permit. However, a teacher's refusal to consent shall not impair the District's right to implement a necessary reduction in force or other personnel actions in accordance with District policy.
19 TAC 230.501(b), (c)
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PRINCIPAL'S APPROVAL
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The principal of a campus shall approve all teacher and staff appointments for the campus from a pool of applicants selected by the District or of applicants who meet the hiring requirements established by the District, based on criteria developed by the principal after informal consultation with the faculty. The Superintendent has final placement authority for a teacher transferred because of enrollment shifts or program changes. Education Code 11.202; Atty. Gen. Op. DM-27 (1991)
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PARENT NOTIFICATION
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If the District assigns an inappropriately certified or uncertified teacher (as defined below) to the same classroom for more than 30 consecutive instructional days during the same school year, it shall provide written notice of the assignment to the parents or guardians of each student in that classroom.
The Superintendent shall provide the notice not later than the 30th instructional day after the date of the assignment of the inappropriately certified or uncertified teacher. The District shall make a good-faith effort to ensure that the notice is provided in a bilingual form to any parent or guardian whose primary language is not English. The District shall retain a copy of the notice and make information relating to teacher certification available to the public on request.
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INAPPROPRIATELY CERTIFIED OR UNCERTIFIED TEACHER
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An "inappropriately certified or uncertified teacher" includes an individual serving on an emergency certificate or an individual who does not hold any certificate or permit. It does not include an individual who is:
- Certified and assigned to teach a class or classes outside his or her area of certification, as determined by SBEC rules;
- Serving on a certificate issued due to a hearing impairment;
- Serving on a certificate issued pursuant to enrollment in an approved alternative certification program;
- Certified by another state or country and serving on a certificate issued under Education Code 21.052;
- Serving on a school district teaching permit; or
- Employed under a waiver granted by the Commissioner.
The notice requirement above does not apply if a school is required in accordance with Section 1111(h)(6)(B)(ii), No Child Left Behind Act of 2001 (20 U.S.C. Section 6311), and its subsequent amendments, to provide notice to a parent or guardian regarding a teacher who is not highly qualified, provided the school provides notice as required by that Act. [See EHBD]
Education Code 21.057; 19 TAC 230.601
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DATE ISSUED: 12/16/2003
UPDATE 72
DK(LEGAL)-P
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