reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 245 - CERTIFICATION OF EDUCATORS FROM OTHER COUNTRIES › Section 245.10 - Application Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual
				who has been issued an appropriate certificate or other credential by the
				authorized licensing agency in another country as specified in §
									245.1 of this
				title (relating to General Provisions) may apply for a review of credentials by
				submitting the following items to the Texas Education Agency (TEA) staff:
(1) a completed application;
(2) the original detailed report or
				course-by-course evaluation for professional licensing of all college-level
				credits prepared by a foreign credential evaluation service recognized by the
				TEA staff. The evaluation must verify that the individual:
(A) holds, at a minimum, the equivalent of a
				baccalaureate degree issued by an accredited institution of higher education in
				the United States as specified in §
											245.1(b)
				of this title, including the date that the degree was conferred; and
(B) has completed an educator preparation
				program, including a teaching practicum;
(3) official transcripts of any additional
				college credits and/or degrees earned in the United States;
(4) copies of any standard certificates
				issued by another state department of education; and
(5) a nonrefundable review fee as specified
				in Chapter 230, Subchapter G, of this title (relating to Certificate Issuance
				Procedures).
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 245 - CERTIFICATION OF EDUCATORS FROM OTHER COUNTRIES › Section 245.15 - Requests for Evaluation of College Credentials

Current through Reg. 49, No. 28; July 12, 2024
(a) A request to evaluate an applicant's
				credentials for areas of certification that are not identified on the
				certificate(s) or other credential(s) issued in accordance with §
									245.1 of this
				title (relating to General Provisions) must be directed to a State Board for
				Educator Certification (SBEC)-approved educator preparation program (EPP) for
				admission to and recommendation by the EPP for certification.
(b) An individual who does not hold a
				certificate or other credential issued in accordance with §
									245.1 of this
				title must seek admission to an SBEC-approved EPP and be recommended by the EPP
				for certification.
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 247 - EDUCATORS' CODE OF ETHICS › Section 247.1 - Purpose and Scope; Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				compliance with the Texas Education Code, § 21.041(b)(8), the State Board
				for Educator Certification (SBEC) adopts an Educators' Code of Ethics as set
				forth in §
									247.2
				of this title (relating to Code of Ethics and Standard Practices for Texas
				Educators). The SBEC may amend the ethics code in the same manner as any other
				formal rule.
(b) The Texas educator
				shall comply with standard practices and ethical conduct toward students,
				professional colleagues, school officials, parents, and members of the
				community and shall safeguard academic freedom. The Texas educator, in
				maintaining the dignity of the profession, shall respect and obey the law,
				demonstrate personal integrity, and exemplify honesty and good moral character.
				The Texas educator, in exemplifying ethical relations with colleagues, shall
				extend just and equitable treatment to all members of the profession. The Texas
				educator, in accepting a position of public trust, shall measure success by the
				progress of each student toward realization of his or her potential as an
				effective citizen. The Texas educator, in fulfilling responsibilities in the
				community, shall cooperate with parents and others to improve the public
				schools of the community. This chapter shall apply to educators and candidates
				for certification.
(c) The SBEC is
				solely responsible for enforcing the Educators' Code of Ethics for purposes
				related to certification disciplinary proceedings. The Educators' Code of
				Ethics is enforced through the disciplinary procedure set forth in Chapter 249
				of this title (relating to Disciplinary Proceedings, Sanctions, and Contested
				Cases) pursuant to the purposes stated therein.
(d) As provided in §
									249.5
				of this title (relating to Purpose; Policy Governing Disciplinary Proceedings),
				the primary goals the SBEC seeks to achieve in educator disciplinary matters
				are:
(1) to protect the safety and welfare of
				Texas schoolchildren and school personnel;
(2) to ensure educators and applicants are
				morally fit and worthy to instruct or to supervise the youth of the state;
				and
(3) to fairly and efficiently
				resolve educator disciplinary proceedings at the least expense possible to the
				parties and the state.
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 247 - EDUCATORS' CODE OF ETHICS › Section 247.2 - Code of Ethics and Standard Practices for Texas Educators

Current through Reg. 49, No. 28; July 12, 2024
Enforceable Standards.
(1) Professional Ethical Conduct, Practices
				and Performance.
(A) Standard 1.1. The
				educator shall not intentionally, knowingly, or recklessly engage in deceptive
				practices regarding official policies of the school district, educational
				institution, educator preparation program, the Texas Education Agency, or the
				State Board for Educator Certification (SBEC) and its certification
				process.
(B) Standard 1.2. The
				educator shall not intentionally, knowingly, or recklessly misappropriate,
				divert, or use monies, personnel, property, or equipment committed to his or
				her charge for personal gain or advantage.
(C) Standard 1.3. The educator shall not
				submit fraudulent requests for reimbursement, expenses, or pay.
(D) Standard 1.4. The educator shall not use
				institutional or professional privileges for personal or partisan
				advantage.
(E) Standard 1.5. The
				educator shall neither accept nor offer gratuities, gifts, or favors that
				impair professional judgment or that are used to obtain special advantage. This
				standard shall not restrict the acceptance of gifts or tokens offered and
				accepted openly from students, parents of students, or other persons or
				organizations in recognition or appreciation of service.
(F) Standard 1.6. The educator shall not
				falsify records, or direct or coerce others to do so.
(G) Standard 1.7. The educator shall comply
				with state regulations, written local school board policies, and other state
				and federal laws.
(H) Standard 1.8.
				The educator shall apply for, accept, offer, or assign a position or a
				responsibility on the basis of professional qualifications.
(I) Standard 1.9. The educator shall not make
				threats of violence against school district employees, school board members,
				students, or parents of students.
(J) Standard 1.10. The educator shall be of
				good moral character and be worthy to instruct or supervise the youth of this
				state.
(K) Standard 1.11. The
				educator shall not intentionally, knowingly, or recklessly misrepresent his or
				her employment history, criminal history, and/or disciplinary record when
				applying for subsequent employment.
(L) Standard 1.12. The educator shall refrain
				from the illegal use, abuse, or distribution of controlled substances,
				prescription drugs, and toxic inhalants.
(M) Standard 1.13. The educator shall not be
				under the influence of alcohol or consume alcoholic beverages on school
				property or during school activities when students are present.
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 249 - DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES › Subchapter A - GENERAL PROVISIONS › Section 249.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words, terms, and phrases, when used in this
					 chapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1)
				  Abuse--Includes the following acts or omissions:
(A) mental or emotional injury to a student
				  or minor that results in an observable and material impairment in the student's
				  or minor's development, learning, or psychological functioning;
(B) causing or permitting a student or minor
				  to be in a situation in which the student or minor sustains a mental or
				  emotional injury that results in an observable and material impairment in the
				  student's or minor's development, learning, or psychological
				  functioning;
(C) physical injury
				  that results in substantial harm to a student or minor, or the genuine threat
				  of substantial harm from physical injury to the student or minor, including an
				  injury that is at variance with the history or explanation given and excluding
				  an accident or reasonable discipline; or
(D) sexual conduct harmful to a student's or
				  minor's mental, emotional, or physical welfare.
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 249 - DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES › Subchapter A - GENERAL PROVISIONS › Section 249.4 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) In conjunction with the rules of practice
				  and procedure of the State Office of Administrative Hearings (SOAH), (1 Texas
				  Administrative Code, Part 7, Chapter 155 (relating to Rules of Procedure)) and
				  other applicable law, this chapter shall govern disciplinary matters before the
				  State Board for Educator Certification (SBEC), including the following
				  proceedings:
(1) sanctions sought against a
				  certificate holder;
(2) appeals of
				  administrative denials;
(3) appeals
				  of the administrative cancellation or withholding of test scores for alleged
				  violation of test administration rules;
(4) reinstatement of a suspended
				  certificate;
(5) complaints of
				  contract abandonment filed with the Texas Education Agency (TEA) staff pursuant
				  to Texas Education Code (TEC), §§21.105(c), 21.160(c), or
				  21.210(c);
(6) sanctions sought
				  against a certificate for the holder's knowing failure to report criminal
				  history or other information required to be reported under the TEC, Chapter 22,
				  Subchapter C; Texas Family Code, Chapter 261, Subchapter B; or this chapter;
				  and
(7) sanctions sought against a
				  certificate pursuant to Chapter 101 of this title (relating to Assessment) for
				  violations of security or confidential integrity of any test required by the
				  TEC, Chapter 39, Subchapter B.
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 249 - DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES › Subchapter A - GENERAL PROVISIONS › Section 249.5 - Purpose; Policy Governing Disciplinary Proceedings

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this chapter is:
(1) to protect the safety and welfare of
				  Texas schoolchildren and school personnel;
(2) to ensure educators and applicants are
				  morally fit and worthy to instruct or to supervise the youth of the
				  state;
(3) to regulate and to
				  enforce the standards of conduct of educators and applicants;
(4) to provide for disciplinary proceedings
				  in conformity with the Texas Government Code, Chapter 2001, and the rules of
				  practice and procedure of the State Office of Administrative
				  Hearings;
(5) to enforce an
				  educators' code of ethics;
(6) to
				  fairly and efficiently resolve disciplinary proceedings at the least expense
				  possible to the parties and the state;
(7) to promote the development of legal
				  precedents through State Board for Educator Certification (SBEC) decisions to
				  the end that disciplinary proceedings may be justly resolved; and
(8) to provide for regulation and general
				  administration pursuant to the SBEC's enabling statutes.
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 249 - DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES › Subchapter A - GENERAL PROVISIONS › Section 249.6 - Construction

Current through Reg. 49, No. 28; July 12, 2024
(a) This chapter shall be liberally construed
				  in conformity with the Texas Government Code, Chapter 2001, and the rules of
				  practice and procedure of the State Office of Administrative Hearings so as to
				  achieve the purposes for which it was adopted, without changing the statutory
				  jurisdiction, powers, or authority of the State Board for Educator
				  Certification (SBEC).
(b)
				  "Includes" and "including" are terms of enlargement and not of limitation or
				  exclusive enumeration, and use of the terms does not create a presumption that
				  components not expressed are excluded.
(c) If any provision of this chapter is
				  declared invalid by a court of competent jurisdiction, such invalidity shall
				  not affect other provisions of this chapter that can be applied without the
				  invalid provision. To that end, the SBEC declares the provisions of this
				  chapter to be severable.
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 249 - DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES › Subchapter A - GENERAL PROVISIONS › Section 249.7 - Signature Authority

Current through Reg. 49, No. 28; July 12, 2024
(a) The State Board
				  for Educator Certification (SBEC) may delegate to the chair the authority to
				  sign on behalf of a majority of the SBEC members a decision made or order
				  issued under this chapter.
(b) As
				  provided by this chapter and any memorandum of agreement between the Texas
				  Education Agency (TEA) and SBEC, TEA staff may sign final orders resolving or
				  dismissing cases by agreement of the parties or by non-suit of the petitioner,
				  as well as orders relating to other matters authorized by this
				  chapter.
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 249 - DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES › Subchapter A - GENERAL PROVISIONS › Section 249.8 - Agreements to Be in Writing

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise provided in this chapter, no agreement
					 between parties or their representatives related to a matter under this chapter
					 will be enforced unless it be in writing and signed by the parties to the
					 agreement or their representatives and appropriately filed with the papers as
					 part of the record.
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 249 - DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES › Subchapter A - GENERAL PROVISIONS › Section 249.9 - Ex Parte Communications

Current through Reg. 49, No. 28; July 12, 2024
Parties, their authorized representatives, and any other
					 person acting on a party's behalf shall not communicate or attempt to
					 communicate with any State Board for Educator Certification member regarding a
					 complaint, investigation, or disciplinary proceeding under this chapter, except
					 as allowed by law. The chair may impose sanctions against a violator of this
					 section.
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 249 - DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES › Subchapter A - GENERAL PROVISIONS › Section 249.10 - Conduct and Decorum

Current through Reg. 49, No. 28; July 12, 2024
(a) Parties,
				  authorized representatives, witnesses, and other persons involved in a
				  proceeding, hearing, or other matter under this chapter shall conduct
				  themselves with proper dignity, courtesy, and respect for the State Board for
				  Educator Certification (SBEC), Texas Education Agency staff, administrative law
				  judge (ALJ), and all other participants. Disorderly conduct shall not be
				  tolerated. The rules of the State Office of Administrative Hearings (SOAH)
				  governing conduct and decorum under 1 Texas Administrative Code (TAC), Part 7,
				  Chapter 155 (relating to Rules of Procedure), shall also apply to matters
				  referred to the SOAH.
(b)
				  Authorized representatives shall also observe any other standards of conduct
				  applicable to the professional capacity in which they are appearing.
(c) The presiding officer or ALJ may impose
				  sanctions against a violator of this section, including barring the person from
				  attending further proceedings. Sanctions allowed by the rules of the SOAH under
				  1 TAC, Part 7, Chapter 155, in SOAH proceedings may also be imposed by the
				  chair in a proceeding before the SBEC.
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 249.11 - Test Irregularities; Appeal; Sanctions

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon satisfactory evidence that the
				  examinee has violated certification test administration rules or procedures,
				  the State Board for Educator Certification may cancel the examinee's test
				  scores or registration and bar the person from being admitted to future test
				  administrations. The Texas Education Agency (TEA) staff shall provide written
				  notice of this action and the factual and legal reasons for it to the examinee
				  by personal service, registered or certified mail, or email to the most recent
				  address provided to the TEA or its test contractor by the examinee. The
				  examinee may attempt to show compliance with test administration rules or
				  procedures by written submission or by requesting an informal conference,
				  and/or may appeal and request a State Office of Administrative Hearings (SOAH)
				  hearing as hereafter provided.
(b)
				  The examinee may appeal and request a SOAH hearing of the administrative
				  cancellation of test scores and/or test admission bar. The appeal of an
				  administrative cancellation shall be in the form of a petition that complies in
				  content and form with §
										249.26 of
				  this title (relating to Petition) and 1 Texas Administrative Code, Part 7,
				  §155.301 (relating to Required Form of Pleadings).
(c) In order to be referred to the SOAH for a
				  contested case hearing, an appeal petition must be filed with the TEA staff
				  within 30 calendar days after the examinee received or is deemed to have
				  received written notice of the TEA staff's action. Unless otherwise proved by
				  the examinee, the notice shall be deemed to have been received by the examinee
				  no later than five calendar days after mailing to the most recent address
				  provided by the examinee. The TEA staff may dismiss an appeal not timely
				  filed.
(d) The TEA staff shall send
				  an answer to the petition to the examinee and shall refer the petition and
				  answer to the SOAH for a contested case hearing.
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 249.12 - Administrative Denial; Appeal

Current through Reg. 49, No. 28; July 12, 2024
(a) This
				  section applies to administrative denials, as that term is defined in §
										249.3 of
				  this title (relating to Definitions). This section does not apply to the denial
				  of an application for a certificate that has been permanently revoked, and it
				  does not apply to the failure to issue a certificate because specific
				  certification requirements have not been met.
(b) The Texas Education Agency (TEA) staff
				  may administratively deny any of the matters set out in subsection (a) of this
				  section based on satisfactory evidence that:
(1) the person filed a fraudulent
				  application;
(2) the person
				  assisted another person in obtaining employment at a school district or
				  open-enrollment charter school, other than by the routine transmission of
				  administrative or personnel files when the person knew that the other person
				  had previously engaged in an inappropriate relationship with a minor or student
				  in violation of the law;
(3) the
				  person has committed an act that would make them subject to required revocation
				  under the Texas Education Code, § 21.058;
(4) the person has committed an act that
				  would make them subject to mandatory permanent revocation or denial under
				  §
											249.17(i)
				  of this title (relating to Decision-Making Guidelines);
(5) the person has engaged in conduct or
				  committed a crime or an offense that:
(A)
				  demonstrates that the person lacks good moral character;
(B) demonstrates that the person is unworthy
				  to instruct or to supervise the youth of this state; or
(C) constitutes the elements of a crime or
				  offense relating directly to the duties and responsibilities of the education
				  profession; or
(6) the
				  person failed to comply with the terms or conditions of an order issued by or
				  on behalf of the State Board for Educator Certification or the TEA
				  staff.
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 249.13 - Cancellation of an Erroneously Issued Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) When satisfactory evidence indicates that
				  a certificate was issued in error and the person issued the certificate has not
				  fulfilled all certification requirements, the Texas Education Agency (TEA)
				  staff shall cancel the certificate. The effective date of cancellation is the
				  date the person's virtual certificate is updated to reflect that the
				  certificate is no longer valid.
(b)
				  Before canceling the certificate, the TEA staff shall notify the person issued
				  the certificate of the reasons for which the TEA intends to cancel the
				  certificate and shall provide the person issued the certificate at least ten
				  calendar days to respond and show cause why the certificate should not be
				  canceled. Unless otherwise proved by the person, the show cause notice shall be
				  deemed to have been received by the person no later than five calendar days
				  after mailing to the most recent address the person is required to provide
				  pursuant to §
										230.91 of
				  this title (relating to Procedures in General).
(c) The TEA staff shall notify the person and
				  the person's employing school district, if any, that the person was issued a
				  certificate in error, what actions the TEA staff have taken to cancel the
				  erroneously issued certificate, and how the person can be issued a valid
				  certificate.
(d) The TEA staff will
				  issue the person a valid certificate when it receives satisfactory evidence
				  that all certification requirements have been fulfilled. The person will not be
				  required to repeat any coursework, training, internship, or other certification
				  requirements that an educator preparation program certifies that the person has
				  completed.
(e) The person whose
				  erroneously issued certificate has been canceled may request a contested case
				  hearing before the State Office of Administrative Hearings (SOAH). For the
				  purposes of notice, time limits, appeal requirements, and determining the
				  placement of the burden of proof at the SOAH contested case hearing, the person
				  whose certificate has been canceled shall be deemed to have had his or her
				  original application for the erroneously issued certificate administratively
				  denied pursuant to §
										249.12
				  of this title (relating to Administrative Denial; Appeal) on the effective date
				  of the cancellation.
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 249.15 - Disciplinary Action by State Board for Educator Certification

Current through Reg. 49, No. 28; July 12, 2024
(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.
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 249.16 - Eligibility of Persons with Criminal History for a Certificate under Texas Occupations Code, Chapter 53, and Texas Education Code, Chapter 21

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to the Texas Occupations Code
				  (TOC), Chapter 53, and the Texas Education Code (TEC), Chapter 21, Subchapter
				  B, the State Board for Educator Certification (SBEC) may suspend or revoke an
				  existing valid certificate, deny an applicant a certificate, bar a person from
				  being assessed or examined for a certificate, or take other disciplinary action
				  because of a person's conviction of a felony or misdemeanor or certain other
				  criminal history.
(b) Disciplinary
				  action under the TOC, §53.021, does not apply to a person convicted only
				  of an offense punishable as a Class C misdemeanor unless the person is an
				  applicant for or the holder of a license that authorizes the person to possess
				  a firearm and the person was convicted of the misdemeanor offense of domestic
				  violence as defined by 18 United States Code, §921.
(c) When statute or SBEC rule codified in the
				  Texas Administrative Code, Title 19, Part 7, requires an offense to directly
				  relate to the duties and responsibilities of the education profession, an
				  offense is considered to directly relate if the offense indicates a threat to
				  the health, safety, or welfare of a student or minor, parent of a student,
				  fellow employee, or professional colleague; interferes with the orderly,
				  efficient, or safe operation of a school district, campus, or activity; or
				  indicates impaired ability or misrepresentation of qualifications to perform
				  the functions of an educator. Offenses considered to relate directly to the
				  duties and responsibilities of the education profession include, but are not
				  limited to:
(1) offenses involving moral
				  turpitude;
(2) 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;
(3) 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;
(4) offenses involving school property or
				  funds;
(5) 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;
(6) offenses occurring
				  wholly or in part on school property or at a school-sponsored activity;
				  or
(7) felony offenses involving
				  driving while intoxicated (DWI).
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 249.17 - Decision-Making Guidelines

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  purpose of these guidelines is to achieve the following objectives:
(1) to provide a framework of analysis for
				  the Texas Education Agency (TEA) staff, the presiding administrative law judge
				  (ALJ), and the State Board for Educator Certification (SBEC) in considering
				  matters under this chapter;
(2) to
				  promote consistency in the exercise of sound discretion by the TEA staff, the
				  presiding ALJ, and the SBEC in seeking, proposing, and making decisions under
				  this chapter; and
(3) to provide
				  guidance for the informal resolution of potentially contested
				  matters.
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 249 - DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES › Subchapter C - PREHEARING MATTERS › Section 249.18 - Jurisdiction

Current through Reg. 49, No. 28; July 12, 2024
(a) A contested case commences under this
				  chapter when a petition is properly served with the Texas Education Agency
				  (TEA) staff.
(b) The TEA staff
				  shall refer the case to the State Office of Administrative Hearings (SOAH) if
				  the TEA staff determines:
(1) in an
				  administrative denial case, the applicant has timely served a petition pursuant
				  to §
											249.12(d)
				  of this title (relating to Administrative Denial; Appeal); or
(2) the certificate holder has timely served
				  an answer pursuant to §
											249.15(d)
				  of this title (relating to Disciplinary Action by State Board for Educator
				  Certification).
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 249 - DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES › Subchapter C - PREHEARING MATTERS › Section 249.19 - Powers and Duties of Administrative Law Judge

Current through Reg. 49, No. 28; July 12, 2024
The powers and duties of an administrative law judge are
					 determined by 1 Texas Administrative Code, Part 7, Chapter 155 (relating to
					 Rules of Procedure).
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 249 - DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES › Subchapter C - PREHEARING MATTERS › Section 249.20 - Recusal and Disqualification of Administrative Law Judge

Current through Reg. 49, No. 28; July 12, 2024
The recusal or disqualification of an administrative law
					 judge shall be governed by 1 Texas Administrative Code, Part 7, Chapter 155
					 (relating to Rules of Procedure).
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 249 - DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES › Subchapter C - PREHEARING MATTERS › Section 249.21 - Substitution of Administrative Law Judge

Current through Reg. 49, No. 28; July 12, 2024
Substitution of an administrative law judge shall be
					 governed by 1 Texas Administrative Code, Part 7, Chapter 155 (relating to Rules
					 of Procedure).
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 249 - DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES › Subchapter C - PREHEARING MATTERS › Section 249.22 - Classification of Parties; Current Addresses

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Regardless of errors as to designation of a party, parties shall be accorded
				  their true status in the proceeding.
(b) The petitioner in a contested case
				  proceeding under this chapter and 1 Texas Administrative Code, Part 7, Chapter
				  155 (relating to Rules of Procedure) is the party in a contested case seeking
				  relief from the decision maker and requesting an adjudicative hearing with the
				  State Office of Administrative Hearings. The petitioner shall have the burden
				  of proof to show by a preponderance of the evidence entitlement to such
				  relief.
(c) Parties shall keep the
				  Texas Education Agency (TEA) staff apprised of their current addresses and
				  shall notify the TEA staff of a change of address within five calendar days of
				  the effective date of such change.
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 249 - DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES › Subchapter C - PREHEARING MATTERS › Section 249.23 - Representation of Parties

Current through Reg. 49, No. 28; July 12, 2024
(a) Representatives
				  of parties shall notify the State Office of Administrative Hearings (SOAH) and
				  other parties of the representation.
(b) At an informal conference offered
				  pursuant to the Texas Government Code, Chapter 2001, a person may be
				  represented by a person who is not an attorney.
(c) Parties in contested cases before the
				  SOAH may represent themselves or be represented by an attorney licensed to
				  practice law in the State of Texas.
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 249 - DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES › Subchapter C - PREHEARING MATTERS › Section 249.24 - Filing or Serving Documents on the Texas Education Agency Staff or the Administrative Law Judge

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				  original papers shall be served upon the Texas Education Agency (TEA) staff:
(1) appeal of an administrative
				  denial;
(2) appeal of the
				  imposition of an administrative sanction and request for a contested case
				  hearing under this chapter;
(3)
				  exceptions and replies to the proposal for decision of the administrative law
				  judge (ALJ); and
(4) motions for
				  rehearing.
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 249 - DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES › Subchapter C - PREHEARING MATTERS › Section 249.25 - Pleadings

Current through Reg. 49, No. 28; July 12, 2024
(a) Pleadings include petitions, answers,
				  replies, exceptions, and motions. Regardless of any error in its designation, a
				  pleading shall be accorded its true status in the proceeding in which it is
				  filed.
(b) Amended and supplemental
				  pleadings may be filed at such time so as not to operate as a surprise on the
				  opposing party.
(c) The
				  administrative law judge may allow a pleading to be amended during the
				  contested case evidentiary hearing on the merits and shall do so freely when
				  the trial amendment will facilitate determining the merits of the case but will
				  not unduly prejudice the objecting party.
(d) In addition to this chapter, 1 Texas
				  Administrative Code, Part 7, Chapter 155 (relating to Rules of Procedure) shall
				  also govern the following matters related to pleadings:
(1) content generally of pleadings;
(2) purpose and effect of motions;
(3) general requirements for
				  motions;
(4) responses to motions
				  generally;
(5) motions to
				  intervene;
(6) motions for
				  continuance;
(7) responses to
				  written motions for continuance; and
(8) amendment of pleadings.
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 249 - DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES › Subchapter C - PREHEARING MATTERS › Section 249.26 - Petition

Current through Reg. 49, No. 28; July 12, 2024
(a) The party seeking relief and requesting a
				  contested case hearing under this chapter shall serve a petition as required
				  under this chapter. The petitioner shall have the burden of proof by a
				  preponderance of the evidence in all contested case proceedings brought under
				  this chapter.
(b) The petition
				  shall contain the following items:
(1) a
				  statement of the legal authority and jurisdiction under which the disciplinary
				  action is being sought and the hearing is to be held;
(2) a reference to the particular sections of
				  the statutes and rules involved;
(3) a statement of the matters
				  asserted;
(4) a statement regarding
				  the failure of the parties to reach an agreed settlement of the matters
				  asserted in the petition;
(5) the
				  name, current mailing address, daytime telephone number, if any, and facsimile
				  number, if any, of the petitioner and the petitioner's authorized
				  representative; and
(6) if the
				  petition seeks to impose sanctions against a certificate holder, a notification
				  set forth as follows in at least 12-point boldface type: If you do not file a
				  written answer to this petition with the Texas Education Agency staff WITHIN 30
				  CALENDAR DAYS of being served with this petition, the State Board for Educator
				  Certification may grant the relief requested in this petition, including
				  revocation of your certificate by default. The matters asserted in the petition
				  will be deemed admitted unless your written answer specifically denies each
				  assertion pled and is filed within the prescribed time period. If you file a
				  written answer but then fail to attend a scheduled hearing, the State Board for
				  Educator Certification may grant any relief requested in this petition, up to
				  and including REVOCATION OF YOUR CERTIFICATE.
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 249 - DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES › Subchapter C - PREHEARING MATTERS › Section 249.27 - Answer

Current through Reg. 49, No. 28; July 12, 2024
(a) The party responding to a petition filed
				  under this chapter shall file a written answer with the petitioner within 30
				  calendar days after being served with such petition. For purposes of this
				  section and §
										249.26 of
				  this title (relating to Petition), it is a rebuttable presumption that a
				  petition was served on the respondent no later than five calendar days after
				  mailing. The respondent shall serve the answer on the petitioner by United
				  States certified mail, return receipt requested, and by regular first-class
				  United States mail.
(b) The answer
				  shall specifically admit or deny each allegation in the petition and shall
				  plead all affirmative defenses.
(c)
				  The answer shall contain the name, current mailing address, daytime telephone
				  number, email address, and facsimile number, if any, of the respondent and the
				  respondent's authorized representative.
(d) All well-pled factual allegations in the
				  petition will be deemed admitted unless the respondent's answer, containing
				  specific denials to each allegation, is filed within the time period prescribed
				  in subsection (a) of this section. A general denial shall not be sufficient to
				  controvert factual allegations contained in the petition.
(e) An answer that does not comply with the
				  requirements of this section and 1 Texas Administrative Code, Part 7,
				  §155.301 (relating to Required Form of Pleadings) may provide grounds for
				  default judgment in favor of the petitioner, as provided in this
				  chapter.
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 249 - DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES › Subchapter C - PREHEARING MATTERS › Section 249.28 - Stipulations

Current through Reg. 49, No. 28; July 12, 2024
Stipulations shall be governed by 1 Texas Administrative
					 Code, Part 7, Chapter 155 (relating to Rules of Procedure).
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 249 - DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES › Subchapter C - PREHEARING MATTERS › Section 249.29 - Discovery

Current through Reg. 49, No. 28; July 12, 2024
The Texas Government Code, Chapter 2001; 1 Texas
					 Administrative Code, Part 7, Chapter 155 (relating to Rules of Procedure); this
					 chapter; and the Texas Rules of Civil Procedure, as applicable, shall govern
					 discovery.
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 249 - DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES › Subchapter D - HEARING PROCEDURES › Section 249.30 - Notice of Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) The notice of
				  hearing is governed by the Texas Government Code, Chapter 2001; 1 Texas
				  Administrative Code, Part 7, Chapter 155 (relating to Rules of Procedure); and
				  this chapter.
(b) The Texas
				  Education Agency (TEA) staff may serve the notice of hearing by sending it
				  certified, return receipt requested, and regular first-class United States mail
				  to the party's last known address.
(c) For purposes of this subsection, the last
				  known address is:
(1) the address of record
				  of the party or the party's authorized representative in the contested case, if
				  any; or
(2) if the party has not
				  made an appearance in the contested case, the last address provided in any
				  response to the complaint or proposed action that is the subject of the
				  contested case, if any; or
(3) if
				  the party has not provided an address in response to the complaint or proposed
				  action:
(A) for a certified educator, the
				  address supplied by the educator pursuant to §
												230.91(c)
				  of this title (relating to Procedures in General);
(B) for a certification applicant, the
				  address provided in the certification application; or
(C) for an examinee, the address provided in
				  the examination registration.
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 249 - DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES › Subchapter D - HEARING PROCEDURES › Section 249.31 - Venue

Current through Reg. 49, No. 28; July 12, 2024
Hearings shall be conducted in Austin, Texas, at a site
					 designated by the State Office of Administrative Hearings in accordance with
					 applicable law and 1 Texas Administrative Code, Part 7, Chapter 155 (relating
					 to Rules of Procedure).
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 249 - DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES › Subchapter D - HEARING PROCEDURES › Section 249.32 - Conduct and Record of Hearings

Current through Reg. 49, No. 28; July 12, 2024
The rules of the State Office of Administrative Hearings
					 under 1 Texas Administrative Code, Part 7, Chapter 155 (relating to Rules of
					 Procedure) shall govern the procedure at the hearing and the making of a record
					 of a contested case.
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 249 - DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES › Subchapter D - HEARING PROCEDURES › Section 249.33 - Use of Deposition Transcripts in Contested Case Hearings

Current through Reg. 49, No. 28; July 12, 2024
The use of deposition transcripts in contested case
					 hearings shall be governed by Rule 203 of the Texas Rules of Civil Procedure.
					 The terms "court proceedings" and "trial" used in Rule 203 are deemed to refer
					 to "contested case hearing(s)" for purposes of applying this section and Rule
					 203 to contested case hearings before the State Office of Administrative
					 Hearings.
Texas Administrative Code › Title 19 - EDUCATION › Part 7 - STATE BOARD FOR EDUCATOR CERTIFICATION › Chapter 249 - DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES › Subchapter D - HEARING PROCEDURES › Section 249.34 - Consolidated Proceedings

Current through Reg. 49, No. 28; July 12, 2024
A party may move to consolidate two or more proceedings
					 under this chapter if:
(1) the
				  proceedings involve common questions of law and fact; and
(2) separate proceedings would result in
				  unwarranted expense, delay, or substantial injustice.