|(a) This section applies only to a final recommendation
issued under §229.5 of this title (relating to Accreditation
Sanctions and Procedures) or §229.6 of this title (relating to
Continuing Approval) that proposes revocation of approval and closure
of an educator preparation program (EPP), or withdraws approval to
offer a specific certification class or category, and does not apply
to a final recommendation proposing the assignment of Accredited-Warned
or Accredited-Probation status or ordering any other sanction, including,
without limitation, public reprimand, imposing conditions upon continuing
approval, requiring technical assistance, requiring professional services,
or appointing a monitor.
(b) If an EPP declines to sign a final recommendation,
or if the EPP fails to respond timely to a notice of a proposed recommendation,
Texas Education Agency (TEA) staff may proceed with the filing of
a contested case with the State Office of Administrative Hearings
(SOAH) in accordance with the contested case procedures set out in §§249.19-249.40
of this title, and Texas Government Code, Chapter 2001.
(c) Upon the finality of a decision from the State
Board for Educator Certification (SBEC) under the Administrative Procedure
Act ordering the EPP closed under this subsection in keeping with §249.39
of this title (relating to Final Decisions and Orders), the approval
of an EPP to provide educator preparation is:
(1) automatically revoked, void, and of no further
force or effect on the effective date of the SBEC final order; and
(2) automatically modified to remove authorization
for an individual certification class or category on the effective
date of the SBEC final order.
(d) This section satisfies the hearing requirements
of the Texas Education Code, §21.0451(a)(2)(D) and (a)(3).
|Source Note: The provisions of this §229.8 adopted to be effective April 18, 2010, 35 TexReg 2849; amended to be effective October 26, 2014, 39 TexReg 8395; amended to be effective December 27, 2016, 41 TexReg 10302; amended to be effective December 22, 2019, 44 TexReg 7689