License Requirements for School District Employees

Certain individuals employed by a Texas school district must hold licensing credentials from their state agency to perform services within their profession.

According to Texas Education Code (TEC) § 21.003(b), school district employees that must be licensed include:

• Audiologist
• Occupational therapist
• Physical therapist
• Physician
• Nurse and licensed vocational nurse (LVN)
• School psychologist
• Associate school psychologist
• Licensed professional counselor
• Social worker
• Speech language pathologist
• Marriage and family therapist (a person employed by a district before September 1, 2011, to perform marriage and family therapy is not required to hold a license if the person remains employed by the district)

Additionally, athletic trainers (Title 3 Texas Occupations Code (OCC) § 451.001) and specific career and technical education (CTE) teachers (see CTE and Certification Requirements) require a license.

Skilled electricians and plumbers also require appropriate licenses to perform certain aspects of their job duties and responsibilities.

Health Clinic Staff

A school nurse is an educator employed to provide full-time nursing and health care services and who meets all requirements to practice as a registered nurse (RN) pursuant to the Nursing Practice Act and the rules and regulations relating to professional nurse education, licensure, and practice and has been issued a license to practice professional nursing in Texas by the Texas Board of Nursing.

Full-time nurses are the only non-certified employees entitled to a Chapter 21 contract. Registered nurses (RN) must be paid on the minimum teacher salary schedule.

Of importance to note, Texas participates in the Nurse Licensure Compact (NLC) program along with many other states. This model of mutual recognition was developed by the National Council of State Boards of Nursing (NCSBN) to facilitate interstate practice and regulation. It allows nurses with mobility to practice across state lines in other compact states. As Texas borders several states, a district may hire a licensed nurse from another state if the individual has the appropriate NLC credentials.

LVNs must complete a program at an accredited vocational nursing school and pass the appropriate examination to obtain licensing through the Texas Board of Nursing. An LVN scope of practice is a directed scope of practice and requires appropriate supervision by a registered nurse, advanced practice registered nurse, physician assistant, physician, dentist, or podiatrist.

Additional information on Health Services Staffing is available in the HR Services Resource Library.

The Texas Health and Human Services Commission (HHSC) is the licensing authority for nurse aides. Applicants for a nurse aide license must register with the HHSC and complete an approved training program. Rules for the certification of registration and the regulation of nurse aides are created by the commissioner of the HHSC.

Special Education Related Services Staff

A school psychologist performs professional psychological work in assessment, behavior management, and counseling for students with emotional disabilities, learning disabilities, and behavioral problems.

Information on school psychologist licensing can be found at Texas State Board of Examiners of Psychologists website.

A physical therapist and an occupational therapist plan and provide therapeutic interventions to eliminate or reduce problems or impairments that interfere with a student’s ability to derive full benefit from the educational program. The Executive Council of Physical Therapy and Occupational Therapy Examiners provides information for licensure of physical therapists and occupational therapists.

An audiologist specializes in the diagnosis and treatment of hearing loss. A speech language pathologist (SLP) assesses students and provides therapeutic interventions to eliminate or reduce problems or impairments that interfere with a student’s education experience. A speech language pathologist assistant (SLPA) provides speech-language pathology services to students as directed by a supervising Texas Department of Licensing and Regulation (TDLR) licensed SLP or Texas Education Agency (TEA) certified speech therapist. Licensing information for these three positions is available from the TDLR.

Athletic Trainers

An athletic trainer plans, coordinates, and supervises all components of the athletic training program for student athletes. The individual works under the direction of the team physician to prevent, recognize, assess, manage, treat, and recondition athletic injuries and illnesses. Athletic trainers must be licensed through the TDLR. If an athletic trainer teaches a core academic course, the individual must also be certified as a teacher.

Licensed CTE Teachers

Certain CTE teachers require a professional license in addition to work experience and other educational requirements.

A health science teacher must hold an associate or more advanced degree as well as a current licensure, certification, or registration by a nationally recognized accrediting agency such as a health professions practitioner. Eligible military experience may be used in lieu of civilian licensure.

A trade and industrial education teacher doesn’t have to have a degree but is required to have a current licensure by a state or nationally recognized accrediting agency in any approved occupation for the classes the individual will be teaching. A passing score on a National Occupations Competency Testing Institute (NOCTI) assessment can be used in place of a licensure. A cosmetology teacher also must hold a current cosmetology instructor’s license issued by the TDLR.

CTE teachers must also meet the TEA requirements for becoming a classroom teacher in Texas or obtain a school district teaching permit (SDTP) or another appropriate permit (e.g., emergency or temporary classroom assignment permit).

Those in possession of an existing and valid classroom teaching certificate can add any of the listed CTE certificates by passing an exam along with obtaining experience if required and/or licensure or certification. Detailed guidance on CTE certificates can be found on TEA’s Career and Technical Education webpage.

Licensed Trades

An electrician works under general supervision to maintain, repair, and install electrical systems, services, and equipment for a school district. A licensed electrician must have a valid TDLR journeyman license. TDLR provides a list of exemptions for persons who may not be required to be licensed or types of work an unlicensed individual may perform.

Plumbers must hold one of the four types of licenses issued by the Texas State Board of Plumbing Examiners (TSBPE). TSBPE was set to be abolished after the 86^th Legislative session (2019), but a governor’s executive order extended its life until May 2021. The Sunset Commission had recommended transferring the regulation of plumbing to the TDLR. As of the date of publication, information on plumbing licenses is available on the TSBPE website.

Licensing of Military Service Member, Military Veteran, and Military Spouse

Texas Occupation Code § 55.004 outlines the criteria for a state agency to issue a license to a military service member, military veteran, or military spouse who holds a license issued in another state similar in scope as long as the person is in good standing with the state’s licensing authority.

A person is in good standing with another state’s licensing authority if the person:

• Holds a license that is current, has not been suspended or revoked, and has not been voluntarily surrendered during an investigation for unprofessional conduct;
• Has not been disciplined by the licensing authority with respect to the license or person’s practice of the occupation for which the license is issued; and
• Is not currently under investigation by the licensing authority for unprofessional conduct related to the person’s license or profession.

Texas Occupation Code § 55.0041 allows a service member or spouse licensed in another state to engage in a business or occupation for which a Texas license is required without obtaining the applicable license if they are in good standing. Before engaging in the practice of the business or occupation, the individual must submit an application that includes all of the following:

• A copy of military orders showing relocation to Texas
• A copy of the military spouse’s marriage license if the applicant is a military spouse
• A notarized affidavit affirming:
• That the applicant is the person described and identified in the application
• All statements in the application are true, correct, and complete
• That the applicant understands the scope of practice for the applicable license in this state and will not perform outside of that scope of practices
• The applicant is in good standing

Upon receipt of the application, a state agency is required to issue confirmation or a provisional license to the military service member or spouse. The provisional license issued expires the earlier of the date the agency issues or denies confirmation or the 180th day after the date the provisional license is issued.

For more information see Information for Military Servicemembers, Veterans, and Spouses on the TDLR website.

Ensuring Compliance

Understanding which job categories must be licensed can clarify the hiring process, provide compliance with licensure regulations, and ensure qualified individuals are employed.

Title 22 TAC includes links to the state’s examining boards outlining licensing rules for some of the positions mentioned above.