| (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.
|
| Source Note: The provisions of this §249.14 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective August 9, 2007, 32 TexReg 4756; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective October 25, 2009, 34 TexReg 7203; amended to be effective December 19, 2011, 36 TexReg 8533; amended to be effective October 17, 2013, 38 TexReg 7113; amended to be effective October 8, 2015, 40 TexReg 6892; 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 5, 2020, 45 TexReg 1413 |
