Current through Reg. 49, No. 38; September 20, 2024
(a) The Texas
Education Agency (TEA) staff may obtain and investigate information concerning
alleged improper conduct by an educator, applicant, examinee, or other person
subject to this chapter that would warrant the State Board for Educator
Certification (SBEC) denying relief to or taking disciplinary action against
the person or certificate.
(b)
Complaints against an educator, applicant, or examinee must be filed in
writing.
(c) The TEA staff may also
obtain and act on other information providing grounds for investigation and
possible action under this chapter.
(d) A person who serves as the superintendent
of a school district or district of innovation, the director of a charter
school, regional education service center, or shared services arrangement, or
the chief administrative officer of a private school may notify the SBEC of any
educator misconduct that the person believes in good faith may be subject to
sanctions under this chapter and/or Chapter 247 of this title (relating to
Educators' Code of Ethics). However, under any of the following circumstances,
a person who serves in such a position shall promptly notify the SBEC in
writing by filing a report with the TEA staff within seven business days of the
date the person either receives a report from a principal under subsection (e)
of this section or knew of any of the following circumstances, except if the
person is a superintendent or director of a public school and has completed an
investigation in accordance with Texas Education Code (TEC), §
21.006(c-2), resulting in a determination that the educator did not engage in
misconduct:
(1) that an applicant for or a
holder of a certificate has a reported criminal history, which the
superintendent or director obtained information by a means other than the
criminal history clearinghouse established under Texas Government Code, §
411.0845;
(2) that a certificate
holder was terminated from employment and there is evidence that he or she
committed any of the following acts:
(A)
sexually or physically abused a student or minor or engaged in any other
illegal conduct with a student or minor;
(B) possessed, transferred, sold, or
distributed a controlled substance;
(C) illegally transferred, appropriated, or
expended school property or funds;
(D) attempted by fraudulent or unauthorized
means to obtain or to alter any certificate or permit that would entitle the
individual to be employed in a position requiring such certificate or permit or
to receive additional compensation associated with a position;
(E) committed a crime, any part of such crime
having occurred on school property or at a school-sponsored event; or
(F) solicited or engaged in sexual conduct or
a romantic relationship with a student or minor;
(3) that a certificate holder has submitted a
notice of resignation and that there exists evidence that he or she committed
one of the acts specified in paragraph (2) of this subsection.
(A) Before accepting an employee's
resignation that, under this paragraph, requires a person to notify the SBEC by
filing a report with the TEA staff, the person shall inform the certificate
holder in writing that such a report will be filed and that sanctions against
his or her certificate may result as a consequence.
(B) A person required to comply with this
paragraph shall notify the governing body of the employing school district
before filing the report with the TEA staff.
(C) A superintendent or director of a school
district shall complete an investigation of an educator if there is reasonable
cause to believe the educator may have engaged in misconduct described in
paragraph (2)(A) of this subsection despite the educator's resignation from
district employment before completion of the investigation; or
(4) any other circumstances
requiring a report under the TEC, § 21.006.
(e) A person who serves as a principal in a
school district, a district of innovation, or a charter school must notify the
superintendent or director of the school district, district of innovation, or
charter school and may be subject to sanctions for failure to do so no later
than seven business days after:
(1) an
educator's termination or resignation following an alleged incident of
misconduct involving one of the acts described in subsection (d)(2) of this
section; or
(2) the principal knew
about an educator's reported criminal history.
(f) Pursuant to the TEC, § 21.006(b-2),
(c), (h), and (i), a report filed under subsections (d) and (e) of this section
must include:
(1) the name or names of any
student or minor who is the victim of abuse or unlawful conduct by an educator;
and
(2) the factual circumstances
requiring the report and the subject of the report by providing the following
available information:
(A) name and any
aliases; certificate number, if any, or social security number;
(B) last known mailing address and home and
daytime phone numbers;
(C) all
available contact information for any alleged victim or victims;
(D) name or names and any available contact
information of any relevant witnesses to the circumstances requiring the
report;
(E) current employment
status of the subject, including any information about proposed termination,
notice of resignation, or pending employment actions; and
(F) involvement by a law enforcement or other
agency, including the name of the agency.
(g) Pursuant to the Family Educational Rights
and Privacy Act (FERPA),
20 United States Code, §
1232g(a)(4), and the federal
regulations interpreting it at 34 Code of Federal Regulations, §99.3,
education records that are protected by FERPA must be records that are directly
related to a student, and the term "education records" does not include records
that relate to a school employee in his or her capacity as a school
employee.
(h) A person who is
required to file a report under subsections (d) and (e) of this section but
fails to do so timely is subject to sanctions under this chapter.
(i) If a school district board of trustees
learns of a failure by the superintendent of the district or a district
principal to provide a notice required under the Texas Code of Criminal
Procedure (TCCP), §15.27(a), (a-1), or (b), the board of trustees shall
report the failure to the SBEC. If the governing body of a private primary or
secondary school learns of a failure by the principal of the school to provide
a notice required under the TCCP, §15.27(e), and the principal holds a
certificate issued under the TEC, Chapter 21, Subchapter B, the governing body
shall report the failure to the SBEC.
(j) The TEA staff shall not pursue sanctions
against an educator who is alleged to have abandoned his or her TEC, Chapter
21, contract in violation of the TEC, §§ 21.105(c), 21.160(c), or
21.210(c), subject to the limitations imposed by the TEC, § 21.4021(g),
unless the board of trustees of the employing school district:
(1) submits a written complaint to the TEA
staff within 30 calendar days after the effective date of the educator's
separation from employment from the school district. For purposes of this
section, unless the school district and the educator have a written agreement
to the contrary, the effective date of separation from employment is the first
day that, without district permission, the educator fails to appear for work
under the contract;
(2) renders a
finding that good cause did not exist under the TEC, §§ 21.105(c)(2),
21.160(c)(2), or 21.210(c)(2). This finding constitutes prima facie evidence of
the educator's lack of good cause, but is not a conclusive determination;
and
(3) submits the following
required attachments to the written complaint:
(A) the educator's resignation letter, if
any;
(B) the agreement with the
educator regarding the effective date of separation from employment, if
any;
(C) the educator's contract;
and
(D) school board meeting
minutes indicating a finding of "no good cause" (if the board does not meet
within 30 calendar days of the educator's separation from employment, the
minutes may be submitted within 10 calendar days after the next board
meeting).
(k)
To efficiently administer and implement the SBEC's purpose under this chapter
and the TEC, the TEA staff may set priorities for the investigation of
complaints based on the severity and immediacy of the allegations and the
likelihood of harm posed by the subject of the investigation. All cases
accepted for investigation shall be assigned one of the following priorities.
(1) Priority 1: conduct that may result in
the placement of an investigative notice pursuant to the TEC, § 21.007,
and subsection (l) of this section because it presents a risk to the health,
safety, or welfare of a student or minor, parent of a student, fellow employee,
or professional colleague, including, but not limited to, the following:
(A) any conduct constituting a felony
criminal offense;
(B) indecent
exposure;
(C) public
lewdness;
(D) child abuse and/or
neglect;
(E) possession of a weapon
on school property;
(F) drug
offenses occurring on school property;
(G) sale to or making alcohol or other drugs
available to a student or minor;
(H) sale, distribution, or display of harmful
material to a student or minor;
(I)
certificate fraud;
(J) state
assessment testing violations;
(K)
deadly conduct; and
(L) conduct
that involves inappropriate communication with a student as described in §
247.2(3)(I)
of this title (relating to Code of Ethics and Standard Practices for Texas
Educators), inappropriate professional educator-student relationships and
boundaries, or otherwise soliciting or engaging in sexual conduct or a romantic
relationship with a student or minor.
(2) Priority 2: any sanctionable conduct that
is not Priority 1 conduct under paragraph (1) of this subsection. An
investigative notice will not be placed on an educator's certification records
on the basis of an allegation of Priority 2 conduct. The TEA staff may change a
case's priority at any time based on information received. Priority 2 conduct
includes, but is not limited to, the following:
(A) any conduct constituting a misdemeanor
criminal offense or testing violation that is not Priority 1 conduct;
(B) contract abandonment; and
(C) code of ethics violations that do not
constitute Priority 1 conduct.
(l) After accepting a case for investigation,
if the alleged conduct indicates a risk to the health, safety, or welfare of a
student or minor, as described in subsection (k)(1) of this section, the TEA
staff shall immediately place an investigative notice on the certificate
holder's certification records stating that the certificate holder is currently
under investigation. The placement of such an investigative notice must follow
the procedures set forth in subsection (m)(1) of this section. After accepting
a case for investigation, if the alleged conduct indicates a risk to the
health, safety, or welfare of a parent of a student, fellow employee, or
professional colleague, as described in subsection (k)(1) of this section, the
TEA staff may place an investigative notice on the certificate holder's
certification records stating that the certificate holder is currently under
investigation. The placement of an investigative notice must follow the
procedures set forth in subsection (m)(2) of this section.
(m) The following procedures must be followed
for placing an investigative notice on the educator's certification records.
(1) At the time of placing an investigative
notice on an educator's certification records for alleged conduct that
indicates a risk to the health, safety, or welfare of a student or minor, the
TEA staff shall serve the certificate holder with a letter informing the
educator of the investigation and the basis of the complaint.
(A) Within ten calendar days of placing an
investigative notice on the educator's certification records, the letter
notifying the certificate holder of the investigation shall be mailed to the
address provided to the TEA staff pursuant to the requirements set forth in
§
230.91 of
this title (relating to Procedures in General).
(B) The letter notifying the certificate
holder of the investigation shall include a statement of the alleged conduct,
which forms the basis for the investigative notice, and shall provide the
certificate holder the opportunity to show cause within ten calendar days why
the notice should be removed from the educator's certification
records.
(2) Prior to
placing an investigative notice on an educator's certification records for
alleged conduct that indicates a risk to the health, safety, or welfare of a
parent of a student, fellow employee, or professional colleague, as described
in subsection (k)(1) of this section, the TEA staff shall serve the certificate
holder with a letter informing the educator of the investigation and the basis
of the complaint.
(A) At least ten calendar
days before placing an investigative notice on the educator's certification
records, the letter notifying the certificate holder of the investigation shall
be mailed to the address provided to the TEA staff pursuant to the requirements
set forth in §
230.91 of
this title.
(B) The letter
notifying the certificate holder of the investigation shall include a statement
of the alleged conduct, which forms the basis for the investigative notice, and
shall provide the certificate holder the opportunity to show cause within ten
calendar days why the notice should not be placed on the educator's
certification records.
(3) The TEA staff shall determine whether or
not to remove or place an investigative notice on the educator's certification
records, taking into account the educator's response, if any, to the letter
notifying the certificate holder of the investigation.
(n) An investigative notice is subject to the
following time limits.
(1) An investigative
notice may remain on the certification records of a certificate holder for a
period not to exceed 240 calendar days.
(2) The TEA staff may toll this time limit if
information is received indicating that there is a pending criminal or
administrative matter related to the alleged act of misconduct that gives rise
to the investigative notice. For purposes of this subsection, a criminal or
administrative matter includes an audit by a state or federal agency, an
arrest, an investigation, related litigation or other enforcement action
brought by a state or federal administrative agency, or a prosecution by a
criminal law enforcement agency. Upon receiving notice that the criminal or
administrative matter has been resolved the tolling period shall end. As part
of its procedure, the TEA staff will attempt to make bimonthly (once every two
months) contact with the agency where a related matter is pending to determine
whether the related matter has been closed or otherwise resolved.
(3) The TEA staff may toll this time limit if
the matter is referred for a contested case hearing, upon agreement of the
parties, or while the matter is pending action by the SBEC on a proposed agreed
order.
(o) The TEA staff
shall remove an investigative notice from an educator's certification records:
(1) when a case's final disposition occurs
within the time limits established in subsection (n) of this section;
or
(2) when the time limits for an
investigative notice have been exceeded, if:
(A) the certificate holder has made a written
demand to the TEA staff that the investigative notice be removed because the
time limits have been exceeded; and
(B) the TEA staff has failed to refer the
matter to the State Office of Administrative Hearings for a contested case
hearing within 30 calendar days from the date of receipt of the written demand
to remove the investigative notice.
(p) Only the TEA staff may file a petition
seeking sanctions under §
249.15
of this title. Prior to filing a petition, the TEA staff shall mail to the
certificate holder affected by written notice of the facts or conduct alleged
to warrant the intended action and shall provide the certificate holder an
opportunity to show compliance with all requirements of law.
