Current through Reg. 49, No. 38; September 20, 2024
(a) Purpose. The
purpose of these guidelines is to achieve the following objectives:
(1) to provide a framework of analysis for
the Texas Education Agency (TEA) staff, the presiding administrative law judge
(ALJ), and the State Board for Educator Certification (SBEC) in considering
matters under this chapter;
(2) to
promote consistency in the exercise of sound discretion by the TEA staff, the
presiding ALJ, and the SBEC in seeking, proposing, and making decisions under
this chapter; and
(3) to provide
guidance for the informal resolution of potentially contested
matters.
(b)
Construction and application. This section shall be construed and applied so as
to preserve SBEC members' discretion in making final decisions under this
chapter. This section shall be further construed and applied so as to be
consistent with §
249.5(b)
of this title (relating to Purpose; Policy Governing Disciplinary Proceedings)
and this chapter, the Texas Education Code (TEC), and other applicable law,
including SBEC decisions and orders.
(c) Consideration. The following factors may
be considered in seeking, proposing, or making a decision under this chapter:
(1) the seriousness of the
violation;
(2) whether the
misconduct was premeditated or intentional;
(3) attempted concealment of
misconduct;
(4) prior misconduct
and SBEC sanctions;
(5) the
potential danger the conduct poses to the health and welfare of
students;
(6) the effect of the
prior conduct upon any victims of the conduct;
(7) whether sufficient time has passed and
sufficient evidence is presented to demonstrate that the educator or applicant
has been rehabilitated from the prior conduct;
(8) the effect of the conduct upon the
educator's good moral character and ability to be a proper role model for
students;
(9) whether the sanction
will deter future violations; and
(10) any other relevant circumstances or
facts.
(d) Contract
abandonment.
(1) Good cause. The following
factors may be considered good cause when an educator is reported to have
abandoned a contract in violation of the TEC, §§
21.105(c),
21.160(c),
or
21.210(c):
(A) serious illness or health condition of
the educator or close family member of the educator;
(B) relocation to a new city as a result of
change in employer of the educator's spouse or partner who resides with the
educator;
(C) significant change in
the educator's family needs that requires the educator to relocate or to devote
more time than allowed by current employment; or
(D) the educator's reasonable belief that the
educator had written permission from the school district administration to
resign.
(2) Mitigating
factors. The following factors shall be considered in seeking, proposing, or
making a decision under this chapter regarding an educator who has abandoned a
contract in violation of the TEC, §§
21.105(c),
21.160(c),
or
21.210(c).
The educator:
(A) gave written notice to the
school district 30 days or more in advance of the first day of instruction for
which the educator will not be present;
(B) assisted the school district in finding a
replacement educator to fill the position;
(C) continued to work until the school
district hired a replacement educator;
(D) assisted in training the replacement
educator;
(E) showed good faith in
communications and negotiations with the school district;
(F) provided lesson plans for classes
following the educator's resignation;
(G) changed careers within the field of
education:
(i) to a position that required a
different class of educator certification as defined in §
230.33(b)
of this title (relating to Classes of Certificates);
(ii) to a position with a higher level of
authority within the principal class of certificate; or
(iii) to a position in an open-enrollment
charter school or a district of innovation that is equivalent to the positions
described in clauses (i) and (ii) of this subparagraph;
(H) had a reduction in base pay, excluding
stipends, as compared to the educator's base pay for the prior year at the same
school district;
(I) resigned due
to working conditions that reasonably posed an immediate threat of significant
physical harm to the educator; or
(J) any other relevant circumstances or
facts.
(3) Mandatory
sanction for contract abandonment.
(A) An
educator subject to sanction, who has abandoned a contract 44-30 days prior to
the first day of instruction for the following school year in violation of the
TEC, §§
21.105(c),
21.160(c),
or
21.210(c),
in a case where the factors listed in subsection (c) of this section or in
paragraph (1) or (2)(B)-(J) of this subsection do not mitigate or apply, shall
receive a sanction of an inscribed reprimand.
(B) An educator subject to sanction, who has
abandoned a contract less than 30 days prior to the first day of instruction
for the following school year or at any point during the school year in
violation of the TEC, §§
21.105(c),
21.160(c),
or
21.210(c),
in a case where the factors listed in subsection (c) of this section or in
paragraph (1) or (2) of this subsection do not mitigate or apply, may not
receive a sanction of less than:
(i)
suspension for one year from the first day that, without district permission,
the educator failed to appear for work under the contract, provided that the
educator has not worked as an educator during that year and the case is
resolved within that one year through an agreed final order; or
(ii) suspension for one year from either the
effective date of an agreed final order resolving the case or an agreed future
date at the beginning of the following school year, if the educator has worked
as an educator after abandoning the contract; or
(iii) suspension for one year from the date
that the SBEC adopts an order that becomes final following a default under
§
249.35
of this title (relating to Disposition Prior to Hearing; Default) or a
contested case hearing at the State Office of Administrative Hearings
(SOAH).
(C) The factors
listed in subsection (c) of this section and in paragraphs (1) and (2) of this
subsection may mitigate an educator's sanction so significantly that the SBEC
takes no disciplinary action.
(e) Mandatory minimum sanction for
felony-level conduct. An educator subject to sanction, who is court-ordered to
complete a period of deferred adjudication or community supervision for a
felony-level criminal offense under state or federal law, may not receive a
sanction of less than:
(1) suspension for a
period concurrent with the term of deferred adjudication or community
supervision, if the case is resolved through an agreed final order prior to the
educator completing deferred adjudication or community supervision and the
educator has not been employed as an educator during the period of deferred
adjudication or community supervision; or
(2) suspension beginning on the effective
date of an agreed final order for a period extending beyond the end of the
educator's deferred adjudication or community supervision but may be less than
the initial court-ordered term of deferred adjudication or community
supervision, if the case is resolved through an agreed final order prior to the
educator completing deferred adjudication or community supervision and the
educator has been employed as an educator during the period of deferred
adjudication or community supervision; or
(3) suspension beginning on the effective
date of an agreed final order for a period at least half as long as the initial
court-ordered term of deferred adjudication or community supervision, if the
case is resolved through an agreed final order after the educator has completed
deferred adjudication or community supervision; or
(4) suspension for a period equal to the term
of deferred adjudication or community supervision that the criminal court
initially ordered but beginning from the date of the final board decision, if
the case is resolved through a final board decision following a contested case
hearing at the SOAH or a default under §
249.35
of this title.
(f)
Mandatory minimum sanction for misdemeanor-level conduct. If an educator is
subject to sanction, and a court has ordered the educator to complete a period
of deferred adjudication, community supervision, or pretrial diversion for a
misdemeanor-level criminal offense under state or federal law, the educator may
not receive a sanction of less than an inscribed reprimand.
(g) Mandatory minimum sanction for test
security violation. An educator who intentionally manipulates the results or
violates the security or confidential integrity of any test required by the
TEC, Chapter 39, Subchapter B, may not receive a sanction of less than
suspension for one year from the effective date of an agreed final order or a
final board decision following a contested case hearing at the SOAH.
(h) Mandatory minimum sanction for drugs and
alcohol on school campus. An educator who is subject to sanction because the
educator has tested positive for drugs or alcohol while on school campus, was
under the influence of drugs or alcohol on school campus, or was in possession
of drugs or alcohol on school campus may not receive a sanction of less than a
one-year suspension and required completion of a drug or alcohol treatment
program.
(i) Mandatory permanent
revocation or denial. Notwithstanding subsection (c) of this section, the SBEC
shall permanently revoke the teaching certificate of any educator or
permanently deny the application of any applicant if, after a contested case
hearing or a default under §
249.35
of this title, it is determined that the educator or applicant:
(1) engaged in any sexual contact or romantic
relationship with a student or minor;
(2) solicited any sexual contact or romantic
relationship with a student or minor;
(3) possessed or distributed child
pornography;
(4) was registered as
a sex offender;
(5) committed
criminal homicide;
(6) transferred,
sold, distributed, or conspired to possess, transfer, sell, or distribute any
controlled substance, the possession of which would be at least a Class A
misdemeanor under the Texas Health and Safety Code, Chapter 481, on school
property;
(7) intentionally,
knowingly, or recklessly causes bodily injury to a student or minor when the
conduct of the educator or applicant is not immune from disciplinary
proceedings by TEC, §
22.0512;
or
(8) committed any offense
described in the TEC, §
21.058.
(j) Mandatory minimum for failure
to report. An educator subject to sanction, who fails to report educator
misconduct under the circumstances and in the manner required by the TEC,
§
21.006,
and §
249.14(d)-(f)
of this title (relating to Complaint,
Required Reporting, and Investigation; Investigative Notice; Filing of
Petition), when the case is resolved through an agreed final order, may not
receive a sanction of less than:
(1) an
inscribed reprimand and a $5,000 administrative penalty for a superintendent or
director who fails to file timely a report to the SBEC; or
(2) an inscribed reprimand and a $500
administrative penalty for a principal who fails to timely notify a
superintendent or director.
(k) Sanctioned misconduct in another state.
The findings of fact contained in final orders from any other state
jurisdiction may provide the factual basis for SBEC disciplinary action. If the
underlying conduct for the administrative sanction of an educator's certificate
or license issued in another state is a violation of SBEC rules, the SBEC may
initiate a disciplinary action regarding the educator's Texas educator
certificate and impose a sanction as provided under this chapter.
