Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 249 - DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES › Subchapter E - POST-HEARING MATTERS › Section 249.44 - Reapplication Following Denial, Surrender, or Revocation

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided by this section, the
				  Texas Education Agency (TEA) staff shall process and review in its usual and
				  customary manner the certificate application of a person whose previous
				  application was denied or whose certificate was revoked or surrendered by the
				  State Board for Educator Certification (SBEC) under this chapter. Such an
				  applicant shall be subject to the same requirements and qualifications as any
				  other current applicant, as specified in Chapter 230 of this title (relating to
				  Professional Educator Preparation and Certification), including recommendation
				  from an approved educator preparation program, if applicable, and all other
				  prerequisites for certification at the time the application is
				  received.
(b) A person whose
				  certificate has been denied, surrendered, or revoked under this chapter shall
				  not reapply for a certificate before the fifth anniversary after the date of
				  the SBEC's order denying, accepting a surrender, or revoking a certificate
				  became administratively final. The TEA staff shall reject without processing or
				  further proceedings any application received in violation of this subsection. A
				  person reapplying for certification after denial, revocation, or surrender must
				  be recommended for certification by an approved educator preparation program
				  and must satisfy the same requirements for certification that are applicable to
				  any other new applicant.
(c) In
				  addition to other sanctions available under this chapter, the SBEC may order
				  that a person whose certificate has been denied, surrendered, or revoked under
				  this chapter shall not reapply for a certificate for a time period of five
				  years or longer after the order of denial, surrender, or revocation becomes
				  administratively final. The SBEC may order that a certificate be permanently
				  revoked or surrendered or that an application be permanently denied without
				  opportunity to reapply for certification, pursuant to §
										249.17(d)
				  of this title (relating to Decision-Making Guidelines), or otherwise as the
				  SBEC may deem appropriate. The TEA staff shall reject without processing or
				  further proceedings any application received in violation of such an order. A
				  rejection pursuant to this section is not considered an administrative denial
				  and is not subject to a contested case hearing.
(d) In reviewing a certificate application,
				  the TEA staff, the presiding administrative law judge, and the SBEC shall
				  consider prior SBEC orders denying, accepting a surrender, or revoking a
				  certificate previously applied for or held by the applicant. The applicant may
				  not contest the underlying basis for the prior order.
(e) A person whose petition for relief under
				  this section has been denied by the SBEC, in whole or in part, shall not file a
				  subsequent application or petition earlier than the fifth anniversary of the
				  effective date of such denial.
(f)
				  The TEA staff shall publish notice of any certificate issued to a person whose
				  previous application was denied or whose certificate was canceled or revoked by
				  the SBEC under this chapter by updating the educator's virtual
				  certificate.