| (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.
Cont'd... |
