The Texas Education Agency (TEA) licenses, regulates, and monitors all educational professionals, including teachers. The State Board of Educator Certification (SBEC) receives complaints concerning allegations of misconduct about all licensed and certified educators. A recent discovery of a cheating ring by the Harris County Prosecutor is likely to lead to disciplinary complaints involving committing fraud and cheating to obtain teaching licenses.
If you receive notice of a complaint from SBEC, whether it involves obtaining a license in a fraudulent matter or other allegations, you must take immediate action to protect yourself and your license. A teaching license defense attorney can advocate on your behalf and work to achieve the best possible outcome in your case.
Prosecutors Uncover Cheating Ring for State Teacher Certification Tests
Harris County prosecutors recently charged five people with participating in a cheating ring with respect to state teacher certification tests. Those charged included three Houston Independent School District employees, a Houston Education & Training Center staff member, and a test proctor.
A longtime high school basketball coach allegedly led the cheating ring, which involved payments of about $2,500 by teachers for assistance in fraudulently receiving a teaching license. Prosecutors claim the cheating ring, which has operated since 2020, may have involved up to 400 teachers and resulted in payments of about $1 million. The scheme allegedly involved the conspirators taking and administering certification tests on the teachers’ behalf.
In response to the criminal charge, the TEA released a statement that its staff would review information from law enforcement officials and pursue appropriate administrative action against participants. The SBEC will issue any sanctions against the educators for their actions if warranted.
Investigation into the cheating ring began in 2023, when TEA received a tip about test result irregularities at the Houston Education & Training Center. The TEC and Pearson, a standardized test company, discovered that people who previously had failed their teacher certification exams were driving from other major cities to take the tests in Houston, and then passing the tests with high scores. About 20 teachers have given full or partial confessions to law enforcement authorities so far.
Potential Grounds for Disciplinary Action Based on Cheating
Under 19 Tex. Admin. Code §249.15, the SBEC may take disciplinary action against an educator for the various reasons, including the following:
- School or educational activities in violation of law;
- An educator who is unworthy to instruct or supervise the youth of the state;
- Code of Ethics violations, including committing any deceptive or fraudulent practices;
- Conviction of a crime directly related to the duties and responsibilities of the education profession;
- Violation of the security or integrity of a state assessment and other testing violations;
- Commission of a felony criminal offense; and
- Certificate fraud.
Potential Sanctions by the SBEC for Involvement in Cheating
The SBEC can take the following disciplinary actions may be taken against an educator’s certification:
- Restrict the issuance, renewal, or holding of a certificate, either indefinitely or for a set term;
- Issue an inscribed or non-inscribed reprimand;
- Suspend a certificate or issue a probated suspension for a set term;
- Revoke or cancel, which includes accepting the surrender of, a certificate without opportunity for reapplication for a set term or permanently; or
- Impose any additional conditions or restrictions upon a certificate as deemed necessary by the SBEC.
19 Tex. Admin. Code §249.15 authorizes SBEC to take any of the following actions against educators based on a violation of applicable rules or laws:
- Placement of indefinite or a set term of restrictions on the issuance, renewal, or holding of a certificate;
- Issuance of an inscribed or non-inscribed reprimand;
- Suspension or a probated suspension of a certificate for a set term;
- Revocation or cancellation of a certificate; or
- Imposition of any conditions or restrictions upon a certificate deemed necessary to facilitate the rehabilitation and professional development of the educator or to protect students, parents of students, school personnel, or school officials.
Furthermore, the SBEC must assess mandatory minimum sanctions for felony-level conduct by educators that results in deferred adjudication or community supervision, which include set terms of certificate suspension, depending on the situation.
Factors that the SBEC Must Consider in Determining Disciplinary Action
Under 19 Tex. Admin. Code §249.17, the SBEC must consider the following factors in determining the appropriate sanctions for an educator for one or more violation. These factors include:
- the seriousness of the violation;
- whether the misconduct was premeditated or intentional;
- attempted concealment of misconduct;
- prior misconduct and SBEC sanctions;
- the potential danger the conduct poses to the health and welfare of students;
- the effect of the prior conduct upon any victims of the conduct;
- whether sufficient time has passed and sufficient evidence is presented to demonstrate that the educator or applicant has been rehabilitated from the prior conduct;
- the effect of the conduct upon the educator’s good moral character and ability to be a proper role model for students;
- whether the sanction will deter future violations; and
- any other relevant circumstances or facts.
Get Legal Advice and Protect Your Teaching License
A Bertolino LLP teaching license defense lawyer can review your case and help you determine the best strategy to oppose the allegations against you. We can work to protect your license and minimize the impact of the disciplinary complaint that you are facing. Call us today at (512) 980-3751 or get more information about us online.
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