| (a) Pursuant to this chapter, the State Board for Educator
Certification (SBEC) may take any of the following actions:
(1) place restrictions on the issuance, renewal, or
holding of a certificate, either indefinitely or for a set term;
(2) issue an inscribed or non-inscribed reprimand;
(3) suspend a certificate for a set term or issue a
probated suspension for a set term;
(4) revoke or cancel, which includes accepting the
surrender of, a certificate without opportunity for reapplication
for a set term or permanently;
(5) impose any conditions or restrictions upon a certificate
that the SBEC deems necessary to facilitate the rehabilitation and
professional development of the educator or to protect students, parents
of students, school personnel, or school officials; or
(6) impose an administrative penalty of $500-$10,000
on a superintendent or director who fails to file timely a report
required under §249.14(d) of this title (relating to Complaint,
Required Reporting, and Investigation; Investigative Notice; Filing
of Petition) or on a principal who fails to timely notify a superintendent
or director as required under §249.14(e) of this title under
the circumstances and in the manner required by the Texas Education
Code (TEC), §21.006.
(b) The SBEC may take any of the actions listed in
subsection (a) of this section based on satisfactory evidence that:
(1) the person has conducted school or education activities
in violation of law;
(2) the person is unworthy to instruct or to supervise
the youth of this state;
(3) the person has violated a provision of the Educators'
Code of Ethics;
(4) the person has failed to report or has hindered
the reporting of child abuse pursuant to the Texas Family Code, §261.001,
or has failed to notify the SBEC, the commissioner of education, or
the school superintendent or director under the circumstances and
in the manner required by the TEC, §21.006, §21.0062, §22.093,
and §249.14(d)-(f) of this title;
(5) the person has abandoned a contract in violation
of the TEC, §§21.105(c), 21.160(c), or 21.210(c);
(6) the person has failed to cooperate with the Texas
Education Agency (TEA) in an investigation;
(7) the person has failed to provide information required
to be provided by §229.3 of this title (relating to Required
Submissions of Information, Surveys, and Other Data);
(8) the person has violated the security or integrity
of any assessment required by the TEC, Chapter 39, Subchapter B, as
described in subsection (g) of this section or has committed an act
that is a departure from the test administration procedures established
by the commissioner of education in Chapter 101 of Part 2 of this
title (relating to Assessment);
(9) the person has committed an act described in §249.14(k)(1)
of this title, which constitutes sanctionable Priority 1 conduct,
as follows:
(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; or
(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 as described
in §247.2(3)(H) of this title, or otherwise soliciting or engaging
in sexual conduct or a romantic relationship with a student or minor;
(10) the person has committed an act that would constitute
an offense (without regard to whether there has been a criminal conviction)
that is considered to relate directly to the duties and responsibilities
of the education profession, as described in §249.16(c) of this
title (relating to Eligibility of Persons with Criminal History for
a Certificate under Texas Occupations Code, Chapter 53, and Texas
Education Code, Chapter 21). Such offenses indicate a threat to the
health, safety, or welfare of a student or minor, parent of a student,
fellow employee, or professional colleague; interfere with the orderly,
efficient, or safe operation of a school district, campus, or activity;
or indicate impaired ability or misrepresentation of qualifications
to perform the functions of an educator and include, but are not limited
to:
(A) offenses involving moral turpitude;
(B) 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;
(C) 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;
(D) offenses involving school property or funds;
(E) 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;
(F) offenses occurring wholly or in part on school
property or at a school-sponsored activity; or
(G) felony offenses involving driving while intoxicated
(DWI);
(11) the person has intentionally failed to comply
with the reporting, notification, and confidentiality requirements
specified in the Texas Code of Criminal Procedure, §15.27(a),
relating to student arrests, detentions, and juvenile referrals for
certain offenses;
(12) the person has failed to discharge an employee
or to refuse to hire an applicant when the employee or applicant was
employed in a public school and on the registry of persons who are
not eligible to be employed under TEC, §22.092, when the person
knew that the employee or applicant had been adjudicated for or convicted
of having an inappropriate relationship with a minor in accordance
with the TEC, §21.009(e), or when the person knew or should have
known through a criminal history record information review that the
employee or applicant had been placed on community supervision or
convicted of an offense in accordance with the TEC, §22.085;
(13) the person assisted another educator, school employee,
contractor, or agent in obtaining a new job as an educator or in a
school, apart from the routine transmission of administrative and
personnel files, when the educator knew or had probable cause to believe
that such person engaged in an inappropriate relationship with a minor
or student;
(14) the person is a superintendent of a school district
or the chief operating officer of an open-enrollment charter school
who falsely or inaccurately certified to the commissioner of education
that the district or charter school had complied with the TEC, §22.085;
or
(15) the person has failed to comply with an order
or decision of the SBEC.
(c) The TEA staff may commence a contested case to
take any of the actions listed in subsection (a) of this section by
serving a petition to the certificate holder in accordance with this
chapter describing the SBEC's intent to issue a sanction and specifying
the legal and factual reasons for the sanction. The certificate holder
shall have 30 calendar days to file an answer as provided in §249.27
of this title (relating to Answer).
(d) Upon the failure of the certificate holder to file
a written answer as required by this chapter, the TEA staff may file
a request for the issuance of a default judgment from the SBEC imposing
the proposed sanction in accordance with §249.35 of this title
(relating to Disposition Prior to Hearing; Default).
(e) If the certificate holder files a timely answer
as provided in this section, the case will be referred to the State
Office of Administrative Hearings (SOAH) for hearing in accordance
with the SOAH rules; the Texas Government Code, Chapter 2001; and
this chapter.
(f) The provisions of this section are not exclusive
and do not preclude consideration of other grounds or measures available
by law to the SBEC or the TEA staff, including child support arrears.
The SBEC may request the Office of the Attorney General to pursue
available civil, equitable, or other legal remedies to enforce an
order or decision of the SBEC under this chapter.
(g) The statewide assessment program as defined by
the TEC, Chapter 39, Subchapter B, is a secure testing program.
(1) Procedures for maintaining security shall be specified
in the appropriate test administration materials.
(2) Secure test materials must be accounted for before,
during, and after each test administration. Only authorized personnel
may have access to secure test materials.
(3) The contents of each test booklet and answer document
are confidential in accordance with the Texas Government Code, Chapter
551, and the Family Educational Rights and Privacy Act of 1974. Individual
student performance results are confidential as specified under the
TEC, §39.030(b).
(4) Violation of security or confidential integrity
of any test required by the TEC, Chapter 39, Subchapter B, shall be
prohibited. A person who engages in conduct prohibited by this section
may be subject to sanction of credentials, including any of the sanctions
provided by subsection (a) of this section.
(5) Charter school test administrators are not required
to be certified; however, any irregularity in the administration of
any test required by the TEC, Chapter 39, Subchapter B, would cause
the charter itself to come under review by the commissioner of education
for possible sanctions or revocation, as provided under the TEC, §12.115(a)(4).
(6) Conduct that violates the security and confidential
integrity of a test is evidenced by any departure from the test administration
procedures established by the commissioner of education. Conduct of
this nature may include, but is not limited to, the following acts
and omissions:
(A) viewing a test before, during, or after an assessment
unless specifically authorized to do so;
(B) duplicating secure examination materials;
(C) disclosing the contents of any portion of a secure
test;
(D) providing, suggesting, or indicating to an examinee
a response or answer to a secure test item or prompt;
(E) changing or altering a response or answer of an
examinee to a secure test item or prompt;
(F) aiding or assisting an examinee with a response
or answer to a secure test item or prompt;
(G) fraudulently exempting or preventing a student
from the administration of a required state assessment;
(H) encouraging or assisting an individual to engage
in the conduct described in paragraphs (1)-(7) of this subsection;
or
(I) failing to report to an appropriate authority that
an individual has engaged in conduct outlined in paragraphs (1)-(8)
of this subsection.
(7) Any irregularities in test security or confidential
integrity may also result in the invalidation of student results.
(8) The superintendent and campus principal of each
school district and chief administrative officer of each charter school
and any private school administering the tests as allowed under the
TEC, §39.033, shall develop procedures to ensure the security
and confidential integrity of the tests specified in the TEC, Chapter
39, Subchapter B, and shall be responsible for notifying the TEA in
writing of conduct that violates the security or confidential integrity
of a test administered under the TEC, Chapter 39, Subchapter B. A
person who fails to report such conduct as required by this subsection
may be subject to any of the sanctions provided by subsection (a)
of this section.
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| Source Note: The provisions of this §249.15 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective June 21, 2009, 34 TexReg 3944; amended to be effective December 19, 2011, 36 TexReg 8533; amended to be effective October 17, 2013, 38 TexReg 7113; amended to be effective December 28, 2014, 39 TexReg 10010; amended to be effective October 8, 2015, 40 TexReg 6892; amended to be effective May 15, 2016, 41 TexReg 3310; amended to be effective March 8, 2018, 43 TexReg 1275; amended to be effectiveOctober21, 2018, 43 TexReg 6841; amended to be effective March 5, 2020, 45 TexReg 1413; amended to be effective March 3, 2022, 47 TexReg 927 |
