The Texas Education Agency (TEA) licenses, oversees, and regulates Texas teachers, superintendents, and other education professionals. This agency ensures that these professionals comply with the laws and regulations that apply to them. The State Board for Educator Certification (SBEC) is the TEA division that handles educator disciplinary proceedings and determines appropriate sanctions if a licensed educator has violated an applicable rule or law.
If you face a complaint or disciplinary proceedings before the TEA, your first call should be to an experienced teaching license defense lawyer. You need legal counsel to help protect your rights, safeguard your license, and allow you to continue working as a teacher. Together, you can fight back against the allegations against you and work to resolve your case with minimal effects on your career.
Decision-Making Guidelines
The Texas legislature has developed decision-making guidelines to be used in the discipline of educators under 19 Tex. Admin. Code §249.17. These guidelines provide a framework of analysis for the TEA, the SBEC, and presiding administrative law judges (ALJs) in disciplinary proceedings. They are also designed to promote consistency in the exercise of sound discretion by the TEA, the SBEC, and ALJs and provide guidance for the informal resolution of potentially contested matters.
This code section lists various factors that the TEA, the SBEC, and ALJs should consider in seeking, proposing, and deciding cases in disciplinary proceedings. Furthermore, this section lists specific “good cause” factors and “mitigating” factors for these individuals to consider in the context of disciplinary action for contract abandonment. However, this section also outlines some situations with mandatory minimum sanctions for certain violations.
Mandatory Minimum Sanctions for Contract Abandonment
19 Tex. Admin. Code §249.17(d)(3) outlines the mandatory sanctions for contract abandonment as follows:
- An educator who abandons a contract 44-30 days before the first day of instruction for the following school year in violation of the TEC, §§21,195(c), 21.160(c), or 21.210(c), where the good cause and mitigating factors are inapplicable, must receive a sanction of an inscribed reprimand;
- An educator who abandons a contract less than 30 days before the first day of instruction for the following school year under the same circumstances as listed above must receive a mandatory minimum sanction of:
- Suspension for one year from the first day that, without district permission, the educator failed to appear for work under the contract, provided that the educator has not worked as an educator during that year and the case is resolved within that one year through an agreed final order; or
- Suspension for one year from either the effective date of an agreed final order resolving the case or an agreed future date at the beginning of the following school year if the educator has worked as an educator after abandoning the contract; or
- Suspension for one year from the date the SBEC adopts an order that becomes final following a default under §249.35 or a contested case hearing at the State Office of Administrative Hearings (SOAH).
Mandatory Minimum Sanctions for Felony-Level Conduct
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Under 19 Tex. Admin. Code §249.17(e), educators are subject to certain mandatory minimum sanctions for felony-level conduct. More specifically, an educator who is court-ordered to complete a period of deferred adjudication or community supervision for a felony-level criminal offense under state or federal law must receive a minimum sanction of the following:
- Suspension for the same period as the term of deferred adjudication or community supervision if the case is resolved through an agreed final order before the educator completes deferred adjudication or community supervision and the educator has not been employed as an educator during the period of deferred adjudication or community supervision; or
- Suspension beginning on the effective date of an agreed final order for a period of at least half as long as the initial court-ordered term of deferred adjudication or community supervision if the case is resolved through an agreed final order after the educator has completed deferred adjudication or community supervision; or
- Suspension beginning on the effective date of an agreed final order for a period at least half as long as the initial court-ordered term of deferred adjudication or community supervision, if the case is resolved through a final board decision following a contested case hearing at the SOAH or a default under §249.35.
Mandatory Minimum Sanctions for Misdemeanor-Level Conduct
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This section also contains mandatory minimum sanctions for misdemeanor-level conduct when a court has ordered an educator to complete a period of deferred adjudication or community supervision for a misdemeanor-level criminal offense under state or federal law. In that instance, the educator must receive at least an inscribed reprimand as a sanction for the offense.
Mandatory Minimum Sanctions for Test Security Violations
Educators who intentionally manipulate the results or violate the security or integrity of any test required by the TEC, Chapter 39, Subchapter B, must receive a suspension of at least one year from the effective date of an agreed final order or a final board decision after a contested case hearing at the SOAH.
Mandatory Minimum Sanctions for Drugs and Alcohol on School Campus
Educators who test positive for, are under the influence of or are in possession of drugs or alcohol while on the school campus must receive at least a one-year suspension and mandatory completion of a drug or alcohol treatment program.
Mandatory Permanent Revocation of a Teaching Certificate or Denial of Application for a Teaching Certificate
Under 19 Tex. Admin. Code §249.17(i), the SBEC must permanently revoke the teaching certificate of any educator or permanently deny the application of any applicant if, after a contested case hearing or default under §249.35, it determines that the educator or applicant did any of the following:
- Engaged in any sexual contact or romantic relationship with a student or minor;
- Solicited any sexual contact or romantic relationship with a student or minor;
- Possessed or distributed child pornography;
- Registered as a sex offender;
- Committed criminal homicide;
- Transferred, sold, distributed, or conspired to possess, transfer, sell, or distribute any controlled substance, the possession of which would be at least a Class A misdemeanor under Texas law, on school property;
- Intentionally, knowingly, or recklessly causes bodily injury to a student or minor when the conduct of the educator or applicant is not immune from disciplinary proceedings by TEC §22.0512; or
- Committed any offense described in TEC §21.058.
Mandatory Minimum Sanctions for Failure to Report
Any educator who fails to report educator misconduct under the circumstances and in the manner required by Texas law must receive a minimum sanction as follows (so long as the case is resolved through an agreed final order):
- An inscribed reprimand and a $5,000 administrative penalty for a superintendent or director who fails to file a timely report to the SBEC; or
- An inscribed reprimand and a $500 administrative penalty for a principal who fails to file a timely report to the superintendent or director.
Count on Bertolino LLP to Defend Your Teaching License from Disciplinary Action
Don’t allow a complaint to derail your career without cause. When you are facing disciplinary proceedings, you need a seasoned teaching license defense attorney on your side. We will defend you against the allegations you are facing and work to clear your name. Contact the lawyers of Bertolino LLP today by calling (512) 515-9518 or visiting us online.
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