| (a) Pursuant to the Texas Occupations Code (TOC), Chapter
53, and the Texas Education Code (TEC), Chapter 21, Subchapter B,
the State Board for Educator Certification (SBEC) may suspend or revoke
an existing valid certificate, deny an applicant a certificate, bar
a person from being assessed or examined for a certificate, or take
other disciplinary action because of a person's conviction of a felony
or misdemeanor or certain other criminal history.
(b) Disciplinary action under the TOC, §53.021,
does not apply to a person convicted only of an offense punishable
as a Class C misdemeanor unless the person is an applicant for or
the holder of a license that authorizes the person to possess a firearm
and the person was convicted of the misdemeanor offense of domestic
violence as defined by 18 United States Code, §921.
(c) When statute or SBEC rule codified in the Texas
Administrative Code, Title 19, Part 7, requires an offense to directly
relate to the duties and responsibilities of the education profession,
an offense is considered to directly relate if the offense indicates
a threat to the health, safety, or welfare of a student or minor,
parent of a student, fellow employee, or professional colleague; interferes
with the orderly, efficient, or safe operation of a school district,
campus, or activity; or indicates impaired ability or misrepresentation
of qualifications to perform the functions of an educator. Offenses
considered to relate directly to the duties and responsibilities of
the education profession include, but are not limited to:
(1) offenses involving moral turpitude;
(2) offenses involving any form of sexual or physical
abuse or neglect of a student or minor or other illegal conduct with
a student or minor;
(3) offenses involving any felony possession or conspiracy
to possess, or any misdemeanor or felony transfer, sale, distribution,
or conspiracy to transfer, sell, or distribute any controlled substance
defined in the Texas Health and Safety Code, Chapter 481;
(4) offenses involving school property or funds;
(5) offenses involving any attempt by fraudulent or
unauthorized means to obtain or alter any certificate or permit that
would entitle any person to hold or obtain a position as an educator;
(6) offenses occurring wholly or in part on school
property or at a school-sponsored activity; or
(7) felony offenses involving driving while intoxicated
(DWI).
(d) Except as provided in subsection (f) of this section,
the Texas Education Agency (TEA) staff, pursuant to the TOC, Chapter
53, and the requirements of this chapter, shall notify the applicant
or certificate holder in writing of the TEA staff's intent to seek
disciplinary action, including denial or revocation, and the reasons
for the proposed action. The applicant or certificate holder shall
have the opportunity to be heard according to the procedures set forth
in this chapter.
(e) The grounds for revoking or suspending a certificate
provided by this section and the TOC, Chapter 53, are cumulative of
the other grounds and remedies provided by the TEC, §21.060,
and this chapter.
(f) The TEC, §21.058, shall control actions pursued
under that section.
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| Source Note: The provisions of this §249.16 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective June 21, 2009, 34 TexReg 3944; amended to be effective May 18, 2014, 39 TexReg 3710; amended to be effective December 28, 2014, 39 TexReg 10010 |
