Texas Register, Volume 26, Number 3, Pages 727-856, January 19, 2001 Page: 762
727-856 p. ; 28 cm.View a full description of this periodical.
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239.45, 239.50, 239.55, 239.60, 239.65, and 239.70, relating
to the new School Counselor certificate, without changes to the
proposed text as published in the November 10, 2000, issue of
the Texas Register (25 TexReg 11226).
The adopted new rules establish a new School Librarian Cer-
tificate. The Board appointed school librarians, school librar-
ian preparation faculty, and school administrators to the Advi-
sory Committee for the Learning Resources Certificate, which
recommended changes to the current learning resources (librar-
ian) certificate. The main recommendations not accepted by the
Board were the requirements for a preliminary credential and
completion of an induction period before receiving the standard
School Librarian certificate. The proposed rule includes compre-
hensive librarian and teaching standards and requirements that
facilitate the achievement of students by being a knowledgeable
and skillful resource for the school community. The standards in
the rule will be used to develop assessments for initial certifica-
tion of school librarians. Section 239.70 of the new rules includes
transition language that will supercede various rules regarding
the certification of the librarians once the new requirements be-
come effective.
No comments were received during the statutory period for pub-
lic comment following publication of the notice of the proposed
amendments in the Texas Register.
Because no comments were received during the statutory com-
ment period, the agency makes no response under this part of
the reasoned justification.
The new rules relating to the establishment of the new School Li-
brarian certificate are adopted under the authority of the follow-
ing sections of the Texas Education Code: 21.040(4), which re-
quires the Board to appoint for each class of educator certificate
an advisory committee composed of members of that class to
recommend standards for that class to the Board; 21.041 (b)(2)-
(4), which requires the Board to specify the classes of certificates
to be issued, specify the period of validity for each class of edu-
cator certificate, and specify requirements for the issuance and
renewal of an educator certificate; 21.048, which requires the
Board to propose rules prescribing a comprehensive examina-
tion for the School Counselor certificate (for such examination
the standards set out in the rules will be used to develop), and
21.054(a), which requires the Board to establish a process for
identifying continuing education courses and programs that fulfill
continuing education requirements.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on January 3, 2001.
TRD-200100057
Pamela B. Tackett
Executive Director
State Board for Educator Certification
Effective date: January 23, 2001
Proposal publication date: November 10, 2000
For further information, please call: (512) 469-3011
TITLE 37. PUBLIC SAFETY AND CORREC-
TIONSPART 3. TEXAS YOUTH COMMISSION
CHAPTER 81. INTERACTION WITH THE
PUBLIC
37 TAC 81.34
The Texas Youth Commission (TYC) adopts new 81.34,
concerning Notice of Youth Confessions of Child Abuse, with
changes to the proposed text as published in the November 3,
2000 issue of the Texas Register (25 TexReg 10886). Changes
to the proposed text consist of addressing recommendations
from the Texas Department of Protective and Regulatory
Services. The recommendation was to state that when the
alleged victim is in the TYC youth's same household, the
possible abuse or neglect will be reported to DPRS regardless
of when it is alleged to have occurred or whether the youth is
currently considered a high-risk to the victim. This child abuse
reporting rule is applicable only to youth in TYC residential
programs who confess child abuse outside a TYC residential
program. A 48-hour time limit is established for reporting the
youth confessions. Whenever possible, first-hand information
regarding the youth's confession will be reported to DPRS.
Other changes included specifying the appropriate supervisor
would be notified of the alleged abuse and would be responsible
for filing a report.
The justification for the new rule is to comply with Chapter 261 of
the Texas Family Code that requires any person having cause to
believe that a child has been abused or neglected by any person
(including a child) report it to the appropriate agency.
The new rule will function in accordance with the Texas Family
Code.
Comments were received regarding adoption of the new rule.
The comments made by the Department of Protective and Reg-
ulatory Services was adopted as recommended.
The new rule is adopted under the Human Resources Code,
61.034, which provides the Texas Youth Commission with the
authority to adopt policies and make rules appropriate to the
proper accomplishment of its functions.
The adopted rule implements the Human Resource Code,
61.034.
81.34. Notice of Youth Confessions of Child Abuse.
(a) Purpose. The purpose of this rule is to provide guidelines
according to the Texas Family Code (TFC), chapter 261, Subchapter
B, for Texas Youth Commission (TYC) supervisors to report informa-
tion given to them by TYC staff members or volunteers regarding TYC
youth confessing, while in any TYC operated facility or contract care
program, to abusing or neglecting a child or children some time in the
past when they were not in a TYC operated facility or contract care
program.
(b) Applicability. This rule does not apply to reporting
suspected abuse or neglect of youth in TYC programs. See (GAP)
93.33(d) of this title (relating to Alleged Mistreatment). See Chapter
261, Subchapter B, Family Code, for reporting confessions of TYC
youth who are released under TYC supervision that they abused or
neglected children when they were not in a TYC operated facility or
contract care program. Such reports must be made within 48 hours to
the Department of Protective and Regulatory Services (DPRS) or to a
state or local law enforcement agency.
(c) Reporting. A TYC staff member or volunteer who has
cause to believe, based on information provided by a youth in a TYC26 TexReg 762 January 19, 2001
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Texas. Secretary of State. Texas Register, Volume 26, Number 3, Pages 727-856, January 19, 2001, periodical, January 19, 2001; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth114006/m1/37/: accessed April 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.