Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 249 - DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES › Subchapter B - ENFORCEMENT ACTIONS AND GUIDELINES › Section 249.14 - Complaint, Required Reporting, and Investigation; Investigative Notice; Filing of Petition

Current through Reg. 49, No. 28; July 12, 2024
(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.