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RULE §153.1203Required Reporting by Administrators

(a) A person who serves as the superintendent of a school district or district of innovation or the director of a charter school, regional education service center, or shared services arrangement shall notify the commissioner of education in writing by filing a report within seven business days of the date the person either receives a report from a principal under subsection (b) of this section or knew that an employee was terminated or resigned from employment and there is evidence that he or she committed any of the following acts:

  (1) abused or otherwise committed an unlawful act with a student or minor; or

  (2) was involved in a romantic relationship with or solicited or engaged in sexual contact with a student or minor.

(b) A person who serves as principal in a school district, district of innovation, or charter school must notify the superintendent or director of the school district, district of innovation, or charter school no later than seven business days after an employee resigns or is terminated following an alleged incident of misconduct involving the conduct described in subsection (a)(1) and (2) of this section.

(c) A superintendent or director of a school district shall complete an investigation of an employee if there is reasonable cause to believe the employee may have engaged in misconduct described in subsection (a)(1) and (2) of this section despite the employee's resignation from district employment before completion of the investigation.

(d) A report filed under subsection (a) of this section must include:

  (1) the name or names of any student or minor who is the victim of abuse or unlawful conduct by an employee; and

  (2) the factual circumstances requiring the report and the subject of the report by providing the following available information:

    (A) name and any aliases and certificate number, if any, or social security number;

    (B) last known mailing address and home and daytime phone numbers;

    (C) all available contact information for any alleged victim or victims;

    (D) name or names and any available contact information of any relevant witnesses to the circumstances requiring the report;

    (E) current employment status of the subject, including any information about proposed termination, notice of resignation, or pending employment actions; and

    (F) involvement by a law enforcement or other agency, including the name of the agency.

(e) A report filed with the State Board for Educator Certification in compliance with Texas Education Code, §21.006, regarding a certified educator will be considered to have been filed with the commissioner as a report under this section on the date that the certification of the educator expires before the case is closed.

Source Note: The provisions of this §153.1203 adopted to be effective December 31, 2019, 44 TexReg 8307; amended to be effective January 25, 2022, 47 TexReg 152

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