| (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.
|
| Source Note: The provisions of this §249.17 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective December 19, 2011, 36 TexReg 8533; amended to be effective December 23, 2013, 38 TexReg 9362; amended to be effective October 27, 2014, 39 TexReg 8402; amended to be effective May 15, 2016, 41 TexReg 3310; amended to be effective December 27, 2016, 41 TexReg 10330; amended to be effective March 8, 2018, 43 TexReg 1275; amended to be effective March 3, 2022, 47 TexReg 927 |
