| (a) The Texas Education Agency (TEA) staff may obtain
and investigate information concerning alleged improper conduct by
an educator, applicant, examinee, or other person subject to this
chapter that would warrant the State Board for Educator Certification
(SBEC) denying relief to or taking disciplinary action against the
person or certificate.
(b) Complaints against an educator, applicant, or examinee
must be filed in writing.
(c) The TEA staff may also obtain and act on other
information providing grounds for investigation and possible action
under this chapter.
(d) A person who serves as the superintendent of a
school district or district of innovation, the director of a charter
school, regional education service center, or shared services arrangement,
or the chief administrative officer of a private school may notify
the SBEC of any educator misconduct that the person believes in good
faith may be subject to sanctions under this chapter and/or Chapter
247 of this title (relating to Educators' Code of Ethics). However,
under any of the following circumstances, a person who serves in such
a position shall promptly notify the SBEC in writing by filing a report
with the TEA staff within seven business days of the date the person
either receives a report from a principal under subsection (e) of
this section or knew of any of the following circumstances, except
if the person is a superintendent or director of a public school and
has completed an investigation in accordance with Texas Education
Code (TEC), §21.006(c-2), resulting in a determination that the
educator did not engage in misconduct:
(1) that an applicant for or a holder of a certificate
has a reported criminal history, which the superintendent or director
obtained information by a means other than the criminal history clearinghouse
established under Texas Government Code, §411.0845;
(2) that a certificate holder was terminated from employment
and there is evidence that he or she committed any of the following
acts:
(A) sexually or physically abused a student or minor
or engaged in any other illegal conduct with a student or minor;
(B) possessed, transferred, sold, or distributed a
controlled substance;
(C) illegally transferred, appropriated, or expended
school property or funds;
(D) attempted by fraudulent or unauthorized means to
obtain or to alter any certificate or permit that would entitle the
individual to be employed in a position requiring such certificate
or permit or to receive additional compensation associated with a
position;
(E) committed a crime, any part of such crime having
occurred on school property or at a school-sponsored event; or
(F) solicited or engaged in sexual conduct or a romantic
relationship with a student or minor;
(3) that a certificate holder has submitted a notice
of resignation and that there exists evidence that he or she committed
one of the acts specified in paragraph (2) of this subsection.
(A) Before accepting an employee's resignation that,
under this paragraph, requires a person to notify the SBEC by filing
a report with the TEA staff, the person shall inform the certificate
holder in writing that such a report will be filed and that sanctions
against his or her certificate may result as a consequence.
(B) A person required to comply with this paragraph
shall notify the governing body of the employing school district before
filing the report with the TEA staff.
(C) A superintendent or director of a school district
shall complete an investigation of an educator if there is reasonable
cause to believe the educator may have engaged in misconduct described
in paragraph (2)(A) of this subsection despite the educator's resignation
from district employment before completion of the investigation; or
(4) any other circumstances requiring a report under
the TEC, §21.006.
(e) A person who serves as a principal in a school
district, a district of innovation, or a charter school must notify
the superintendent or director of the school district, district of
innovation, or charter school and may be subject to sanctions for
failure to do so no later than seven business days after:
(1) an educator's termination or resignation following
an alleged incident of misconduct involving one of the acts described
in subsection (d)(2) of this section; or
(2) the principal knew about an educator's reported
criminal history.
(f) Pursuant to the TEC, §21.006(b-2), (c), (h),
and (i), a report filed under subsections (d) and (e) 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 educator; 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; 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.
(g) Pursuant to the Family Educational Rights and Privacy
Act (FERPA), 20 United States Code, §1232g(a)(4), and the federal
regulations interpreting it at 34 Code of Federal Regulations, §99.3,
education records that are protected by FERPA must be records that
are directly related to a student, and the term "education records"
does not include records that relate to a school employee in his or
her capacity as a school employee.
(h) A person who is required to file a report under
subsections (d) and (e) of this section but fails to do so timely
is subject to sanctions under this chapter.
(i) If a school district board of trustees learns of
a failure by the superintendent of the district or a district principal
to provide a notice required under the Texas Code of Criminal Procedure
(TCCP), §15.27(a), (a-1), or (b), the board of trustees shall
report the failure to the SBEC. If the governing body of a private
primary or secondary school learns of a failure by the principal of
the school to provide a notice required under the TCCP, §15.27(e),
and the principal holds a certificate issued under the TEC, Chapter
21, Subchapter B, the governing body shall report the failure to the
SBEC.
(j) The TEA staff shall not pursue sanctions against
an educator who is alleged to have abandoned his or her TEC, Chapter
21, contract in violation of the TEC, §§21.105(c), 21.160(c),
or 21.210(c), subject to the limitations imposed by the TEC, §21.4021(g),
unless the board of trustees of the employing school district:
(1) submits a written complaint to the TEA staff within
30 calendar days after the effective date of the educator's separation
from employment from the school district. For purposes of this section,
unless the school district and the educator have a written agreement
to the contrary, the effective date of separation from employment
is the first day that, without district permission, the educator fails
to appear for work under the contract;
(2) renders a finding that good cause did not exist
under the TEC, §§21.105(c)(2), 21.160(c)(2), or 21.210(c)(2).
This finding constitutes prima facie evidence of the educator's lack
of good cause, but is not a conclusive determination; and
(3) submits the following required attachments to the
written complaint:
(A) the educator's resignation letter, if any;
(B) the agreement with the educator regarding the effective
date of separation from employment, if any;
(C) the educator's contract; and
(D) school board meeting minutes indicating a finding
of "no good cause" (if the board does not meet within 30 calendar
days of the educator's separation from employment, the minutes may
be submitted within 10 calendar days after the next board meeting).
(k) To efficiently administer and implement the SBEC's
purpose under this chapter and the TEC, the TEA staff may set priorities
for the investigation of complaints based on the severity and immediacy
of the allegations and the likelihood of harm posed by the subject
of the investigation. All cases accepted for investigation shall be
assigned one of the following priorities.
Cont'd... |
