| (31) Moral turpitude--Improper conduct, including,
but not limited to, the following: dishonesty; fraud; deceit; theft;
misrepresentation; deliberate violence; base, vile, or depraved acts
that are intended to arouse or to gratify the sexual desire of the
actor; drug or alcohol related offenses as described in §249.16(b)
of this title (relating to Eligibility of Persons with Criminal History
for a Certificate under Texas Occupations Code, Chapter 53, and Texas
Education Code, Chapter 21); or acts constituting abuse or neglect
under the Texas Family Code, §261.001.
(32) Neglect--The placing or leaving of a student or
minor in a situation where the student or minor would be exposed to
a substantial risk of physical or mental harm.
(33) Party--Each person named or admitted to participate
in a contested case under this chapter.
(34) Permanent revocation--Revocation without the opportunity
to reapply for a new certificate.
(35) Person--Any individual, representative, corporation,
or other entity, including the following: an educator, applicant,
or examinee; the Texas Education Agency staff; or the State Board
for Educator Certification, the State Office of Administrative Hearings,
or any other agency or instrumentality of federal, state, or local
government.
(36) Petition--The written pleading served by the petitioner
in a contested case under this chapter.
(37) Petitioner--The party seeking relief, requesting
a contested case hearing under this chapter, and having the burden
of proof by a preponderance of the evidence in any contested case
hearing or proceeding under this chapter.
(38) Physical mistreatment--Any act of unreasonable
or offensive touching that would be offensive to a reasonable person
in a similar circumstance. It is an affirmative defense that any unreasonable
or offensive touching was justified under the circumstances, using
a reasonable person standard.
(39) Presiding officer--The chair or acting chair of
the State Board for Educator Certification.
(40) Proposal for decision--A recommended decision
issued by an administrative law judge in accordance with the Texas
Government Code, §2001.062.
(41) Quorum--A majority of the 14 members appointed
to and serving on the State Board for Educator Certification (SBEC)
pursuant to the Texas Education Code, §21.033; eight SBEC members,
including both voting and non-voting members, as specified in the
SBEC Operating Policies and Procedures.
(42) Recklessly--An educator acts recklessly, or is
reckless, with respect to circumstances surrounding his or her conduct
or the results of his or her conduct when he or she is aware of but
consciously disregards a substantial and unjustifiable risk that the
circumstances exist or that the result will occur.
(43) Reinstatement--The restoration of a suspended
certificate to valid status by the State Board for Educator Certification.
(44) Reported criminal history--Information concerning
any formal criminal justice system charges and dispositions. The term
includes, without limitation, arrests, detentions, indictments, criminal
informations, convictions, deferred adjudications, and probations
in any state or federal jurisdiction.
(45) Representative--A person representing an educator,
applicant, or examinee in matters arising under this chapter; in a
contested case proceeding before the State Office of Administrative
Hearings (SOAH), an attorney licensed to practice law in the State
of Texas or other person authorized as a party representative under
SOAH rules.
(46) Reprimand--The State Board for Educator Certification's
formal censuring of a certificate holder.
(A) An "inscribed reprimand" is a formal, published
censure appearing on the face of the educator's virtual certificate.
(B) A "non-inscribed reprimand" is a formal, unpublished
censure that does not appear on the face of the educator's virtual
certificate.
(47) Respondent--The party who contests factual or
legal issues or both raised in a petition; the party filing an answer
in response to a petition.
(48) Restricted--The condition of an educator certificate
that has had limitations or conditions on its use imposed by State
Board for Educator Certification order.
(49) Revocation--A sanction imposed by the State Board
for Educator Certification invalidating an educator's certificate.
(50) Sanction--A disciplinary action by the State Board
for Educator Certification, including a restriction, reprimand, suspension,
revocation of a certificate, or a surrender in lieu of disciplinary
action.
(51) Solicitation of a romantic relationship--Deliberate
or repeated acts that can be reasonably interpreted as the solicitation
by an educator of a relationship with a student that is romantic in
nature. A romantic relationship is often characterized by a strong
emotional or sexual attachment and/or by patterns of exclusivity but
does not include appropriate educator-student relationships that arise
out of legitimate contexts such as familial connections or longtime
acquaintance. The following acts, considered in context, may constitute
prima facie evidence of the solicitation by an educator of a romantic
relationship with a student:
(A) behavior, gestures, expressions, or communications
with a student that are unrelated to the educator's job duties and
evidence a romantic intent or interest in the student, including statements
of love, affection, or attraction. Factors that may be considered
in determining the romantic intent of such communications or behavior,
include, without limitation:
(i) the nature of the communications;
(ii) the timing of the communications;
(iii) the extent of the communications;
(iv) whether the communications were made openly or
secretly;
(v) the extent that the educator attempts to conceal
the communications;
(vi) if the educator claims to be counseling a student,
the State Board for Educator Certification may consider whether the
educator's job duties included counseling, whether the educator reported
the subject of the counseling to the student's guardians or to the
appropriate school personnel, or, in the case of alleged abuse or
neglect, whether the educator reported the abuse or neglect to the
appropriate authorities; and
(vii) any other evidence tending to show the context
of the communications between educator and student;
(B) making inappropriate comments about a student's
body, creating or transmitting sexually suggestive photographs or
images, or encouraging the student to transmit sexually suggestive
photographs or images;
(C) making sexually demeaning comments to a student;
(D) making comments about a student's potential sexual
performance;
(E) requesting details of a student's sexual history;
(F) requesting a date, sexual contact, or any activity
intended for the sexual gratification of the educator;
(G) engaging in conversations regarding the sexual
problems, preferences, or fantasies of either party;
(H) inappropriate hugging, kissing, or excessive touching;
(I) providing the student with drugs or alcohol;
(J) violating written directives from school administrators
regarding the educator's behavior toward a student;
(K) suggestions that a romantic relationship is desired
after the student graduates, including post-graduation plans for dating
or marriage; and
(L) any other acts tending to show that the educator
solicited a romantic relationship with a student.
(52) State assessment testing violation--Conduct that
violates the security or confidential integrity of any test or assessment
required by the Texas Education Code, Chapter 39, Subchapter B, or
conduct that is a departure from the test administration procedures
established by the commissioner of education in Chapter 101 of this
title (relating to Assessment). The term does not include benchmark
tests or other locally required assessments.
(53) State Board for Educator Certification--The State
Board for Educator Certification acting through its voting members
in a decision-making capacity.
(54) State Board for Educator Certification member(s)--One
or more of the members of the State Board for Educator Certification,
appointed and qualified under the Texas Education Code, §21.033.
(55) Student--A person enrolled in a primary or secondary
school, whether public, private, or charter, regardless of the person's
age, or a person 18 years of age or younger who is eligible to be
enrolled in a primary or secondary school, whether public, private,
or charter.
Cont'd... |
