Prior
to the creation of SBEC, the Commissioner of Education was responsible
for ruling on matters related to the sanction of educator certificates.
Senate Bill 1 (1995) required SBEC to propose rules for disciplinary
proceedings and sanctions, including enforcement of the Educator's
Code of Ethics. SBEC, as of March 31, 1999, is now responsible
for disciplining educators for conduct indicating unsuitability
to instruct as well as unethical conduct.
2.
What kinds of behavior can lead to disciplinary action by SBEC?
SBEC
may take disciplinary action against a certified educator
for the following reasons:
1)
an educator has conducted school or education activities
in violation of law;
2)
an educator is unworthy to instruct or supervise the youth
of the state;
3)
an educator has violated the Code of Ethics;
4)
an educator has failed to report or has hindered the reporting
of child abuse or the known criminal history of an educator
as required by law and Board rules;
5)
an educator has abandoned his or her contract;
6)
an educator has failed to cooperate with a Board investigation;
or
7)
an educator has been convicted of a crime directly related
to the duties and responsibilities of the education profession.
The
above list is not exclusive. SBEC may take disciplinary action
against an educator on other grounds or measures available
by law.
3.
What kinds of crimes does SBEC consider to be directly related to the duties
and responsibilities of the education profession?
1)
any crime involving moral turpitude;
2)
any crime involving sexual or physical abuse of a minor or
student or other illegal conduct with a minor or student;
3)
any crime for which the underlying facts would support a felony
conviction for possession, transfer, sale, distribution, or
conspiracy to possess, transfer, sell, or distribute any controlled
substance;
4)
any crime involving school property or funds;
5)
any crime involving an attempt by fraudulent or unauthorized
means to obtain or alter any certificate or permit that would
entitle a person to hold or obtain a position as an educator;
6)
any crime that occurs wholly or in part on school property
or at a school-sponsored activity; or
7)
two or more crimes committed within a 12-month period that
involve public intoxication, operating a motor vehicle while
under the influence of alcohol, or disorderly conduct.
4.
What kinds of disciplinary action can SBEC take?
SBEC
may take the following action:
1) require the withdrawal of a person from an educator preparation
program;
2)
place restrictions on the issuance, renewal, or holding of
a certificate, either indefinitely or for a set term;
3)
issue an inscribed reprimand, which is a formal, published
censure that appears on the face of the educator's official
certification records;
4)
issue a non-inscribed reprimand, which is a formal, unpublished
censure that does not appear on the face of the educator's
official certification records.
5)
suspend a certificate for a set term; or
6)
revoke or cancel, which includes accepting the surrender of,
a certificate without opportunity for reapplication for a
set term or permanently.
5.
Does SBEC only investigate and discipline teachers?
No.
SBEC can investigate and discipline anyone who holds a certificate
issued under Chapter 21, Subchapter B of the Texas Education
Code. This includes teachers, librarians, counselors, educational
diagnosticians, administrators and paraprofessionals. Additionally,
the Board may investigate and take disciplinary action against
applicants for certification, examinees taking certification
exams, anyone in an educator preparation program and persons
erroneously issued a certificate.
6.
How does an individual file an allegation of misconduct against an educator?
A
letter should be mailed to SBEC, 1701 N. Congress, 5th Floor, Austin, Texas 78701 ATTN: Deputy Associate Commissioner. The letter must identify
the educator against whom the complaint is being filed,
provide specific information about the nature and substance
of the alleged misconduct, state the names and addresses
of any witnesses, as well as the name and address of
the individual filing the complaint.
7.
Who will hear the complaint?
If
a determination is made that the misconduct warrants disciplinary
action against an educator's certificate, a complaint will
be filed at the State Office of Administrative Hearings.
Contested cases will be heard by an administrative law judge
at the State Office of Administrative Hearings (SOAH). Contested
case hearings will take place in Austin.
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Superintendent
Reporting Requirements Under
the New Disciplinary Proceedings for Educators
(Texas Education Code §21.006 and 19 TAC Chapter
249, § 249.14)
1.
What kinds of information must superintendents report
to the SBEC under the disciplinary rules for educators?
Superintendents
must report two general categories of information:
- the
reported criminal history of an applicant for or
holder of a certificate or permit issued by SBEC
and
- educator
misconduct that results in termination or resignation.
2.
What is a "reported criminal history�?
A
reported criminal history includes information about
an arrest, indictment, prosecution, conviction, or other
disposition by the criminal justice system. Probation and
deferred adjudication, for instance, are part of an individual's
reported criminal history.
3. What types of misconduct that have not
resulted in a reported criminal history must be reported
to SBEC?
The superintendent must provide information
to SBEC if any of the following misconduct forms the basis
for the termination or resignation of a certified educator:
- abused
or otherwise committed an unlawful act with a student
or minor;
- possession,
transfer, sale, or distribution of a controlled substance;
- illegal
transfer, appropriation, or expenditure of property
or funds of the school district, service center or
shared services arrangement;
- seeking
or obtaining a certificate or permit by fraud or
without authorization, if the credential would enable
the individual to fill an assignment requiring the
credential or to receive additional pay related to
the assignment; or
- commission
of a crime on school property or at a school-sponsored
event.
4. What is the deadline for reporting the
information to SBEC?
Not later than seven calendar days after the superintendent
first becomes aware of a reported criminal history or a
termination or resignation based on an act of misconduct
listed above. A settlement with a departing employee does
not alter the superintendent's responsibility to report
the information to SBEC.
5. What are the consequences for failing to
report this information?
The Board may sanction the certificate of a superintendent
who fails to report the required information within seven
calendar days. Possible sanctions include reprimand, suspension,
or revocation of the superintendent's certificate.
6. Where should the report be sent? What information
should be included?
The report should be mailed (1701 N. Congress, 5th Floor, Austin, Texas 78701 ATTN: Deputy Associate Commissioner) or faxed (512/936-8247) to
the Deputy Associate Commissioner, and must include the following
information:
- summary
of the factual circumstances underlying the report;
- name
of the individual reported and any aliases;
- reported
individual's certificate number, if any, or social
security number; and
- reported
individual's last known mailing address and home
and daytime phone numbers.
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1.
Can SBEC take disciplinary action against a certified educator who abandons
his or her contract?
Yes.
SBEC may take disciplinary action against a certified educator
who abandons his or her contract in violation of the Texas
Education Code.
2.
What kind of disciplinary action will SBEC take against a certified
educator who abandons his or her contract?
Contract
abandonment is treated no differently from any other violation
of SBEC's rules. Therefore, SBEC may levy any available
sanction against a certified educator who abandons a contract,
up to and including certificate revocation. Perhaps the
most-often sought penalty, however, is a one-year suspension.
3.
What constitutes "contract abandonment"?
According
to the Texas Education Code, an educator who is employed
under a contract is subject to discipline by SBEC if he
or she 1) resigns within 45 days of the first day of instruction
of the upcoming school year, 2) fails to resign according
to the requirements of the Texas Education Code, or 3) fails
to perform the contract.
4.
It's 15 days before school starts, and I have been offered a position
with another school district. Is there any way that I can resign under
my current contract without risking my certification?
Yes.
According to the Texas Education Code, an educator employed
under a contract may resign with the consent of the school
district's board of trustees or the board's designee at
any time.
5.
How do I file a complaint with SBEC if a teacher in my district abandons
their contract?
The
employing district must file a written complaint with SBEC within
thirty (30) calendar days after the educator separates from employment.
In the complaint, please identify the educator by name and Texas
Teaching Certificate number and briefly state the facts supporting
your claim that the educator abandoned his or her contract. Moreover,
the school board must make a finding that the educator did not
have "good
cause" to abandon the contract. Complaints may be directed to
SBEC, Capitol
Station, Office
of Professional Discipline,1701 N. Congress, 5th Floor, Austin, Texas 78701 ATTN: Deputy Associate Commissioner.
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1.
Does SBEC run a criminal history check on applicants for certification?
Yes.
Texas Education Code § 22.082 provides that "the
State Board for Educator Certification shall obtain from
any law enforcement or criminal justice agency all criminal
history record information that relates to an applicant
for or holder of a certificate issued under Subchapter
B, Chapter 21." In accordance with this mandate,
SBEC conducts a criminal history check on all applicants
for certification whether the applicant is applying for
a new certificate, a duplicate certificate, additional
certification or an emergency permit.
2.
Will a criminal conviction prevent me from getting certified?
That depends. TEA reviews each individual�s criminal history once an application is received, on a case by case basis. Staff will not give an advisory opinion to individual applicants with regards to eligibility for certification based on their self reported criminal history. Once staff has reviewed the applicant�s criminal history obtained as a result of the application process, eligibility for certification will be determined based on consideration of the factors in #3 below.
3.
What kinds of factors does SBEC take into consideration when making
the decision about whether or not they should certify someone with
a criminal history?
1)
the nature and seriousness of the crime;
2)
the relationship of the crime to the purposes that certification
is required to become a professional educator;
3)
the extent to which certification might offer an opportunity
to engage in further criminal activity of the same type
as that in which the person previously had been involved;
4)
the relationship of the crime to the ability, capacity,
or fitness required to perform the duties of a professional
educator;
5)
the extent of the applicant's past criminal activity;
6)
the age of the person when the crime was committed;
7)
the amount of time that has elapsed since the person's
last criminal activity;
8)
the conduct and work activity of the person before and
after the criminal activity;
9)
whether the person has completed the terms of their
probation or deferred adjudication;
10)
evidence of rehabilitation; and
11)
other evidence, including letters of recommendation.
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