(1) Priority 1: conduct that may result in the placement
of an investigative notice pursuant to the TEC, §21.007, and
subsection (l) of this section because it presents a risk to the health,
safety, or welfare of a student or minor, parent of a student, fellow
employee, or professional colleague, including, but not limited to,
the following:
(A) any conduct constituting a felony criminal offense;
(B) indecent exposure;
(C) public lewdness;
(D) child abuse and/or neglect;
(E) possession of a weapon on school property;
(F) drug offenses occurring on school property;
(G) sale to or making alcohol or other drugs available
to a student or minor;
(H) sale, distribution, or display of harmful material
to a student or minor;
(I) certificate fraud;
(J) state assessment testing violations;
(K) deadly conduct; and
(L) conduct that involves inappropriate communication
with a student as described in §247.2(3)(I) of this title (relating
to Code of Ethics and Standard Practices for Texas Educators), inappropriate
professional educator-student relationships and boundaries, or otherwise
soliciting or engaging in sexual conduct or a romantic relationship
with a student or minor.
(2) Priority 2: any sanctionable conduct that is not
Priority 1 conduct under paragraph (1) of this subsection. An investigative
notice will not be placed on an educator's certification records on
the basis of an allegation of Priority 2 conduct. The TEA staff may
change a case's priority at any time based on information received.
Priority 2 conduct includes, but is not limited to, the following:
(A) any conduct constituting a misdemeanor criminal
offense or testing violation that is not Priority 1 conduct;
(B) contract abandonment; and
(C) code of ethics violations that do not constitute
Priority 1 conduct.
(l) After accepting a case for investigation, if the
alleged conduct indicates a risk to the health, safety, or welfare
of a student or minor, as described in subsection (k)(1) of this section,
the TEA staff shall immediately place an investigative notice on the
certificate holder's certification records stating that the certificate
holder is currently under investigation. The placement of such an
investigative notice must follow the procedures set forth in subsection
(m)(1) of this section. After accepting a case for investigation,
if the alleged conduct indicates a risk to the health, safety, or
welfare of a parent of a student, fellow employee, or professional
colleague, as described in subsection (k)(1) of this section, the
TEA staff may place an investigative notice on the certificate holder's
certification records stating that the certificate holder is currently
under investigation. The placement of an investigative notice must
follow the procedures set forth in subsection (m)(2) of this section.
(m) The following procedures must be followed for placing
an investigative notice on the educator's certification records.
(1) At the time of placing an investigative notice
on an educator's certification records for alleged conduct that indicates
a risk to the health, safety, or welfare of a student or minor, the
TEA staff shall serve the certificate holder with a letter informing
the educator of the investigation and the basis of the complaint.
(A) Within ten calendar days of 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 (relating to Procedures in General).
(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 be removed from the educator's certification
records.
(2) Prior to placing an investigative notice on an
educator's certification records for alleged conduct that indicates
a risk to the health, safety, or welfare of a parent of a student,
fellow employee, or professional colleague, as described in subsection
(k)(1) of this section, the TEA staff shall serve the certificate
holder with a letter informing the educator of the investigation and
the basis of the complaint.
(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.
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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 |