Texas teachers, superintendents, and other education professionals are subject to the Texas Education Agency’s (TEA) oversight. This agency not only licenses teachers and educational professionals but regulates them to ensure compliance with laws and regulations applicable to their profession. The State Board for Educator Certification (SBEC) is the TEA division that handles educator disciplinary proceedings. Under Texas law, the SBEC has the authority to discipline teachers who violate these laws, which can lead to serious consequences.
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.
SBEC and the Processing of Complaints Against Educators
Prioritization of Complaints
Under 19 Tex. Admin. Code §249.14, SBEC initially prioritizes all complaints received as “Priority 1” or “Priority 2” based on the allegations’ severity. Priority 1 complaints involve the most severe allegations about conduct that present a risk to the health, safety, or welfare of a student, minor, parent of a student, fellow employee, or professional colleague. These complaints include, but are not limited to, allegations concerning the following actions:
- any conduct constituting a felony criminal offense;
- indecent exposure;
- public lewdness;
- child abuse and/or neglect;
- possession of a weapon on school property;
- drug offenses occurring on school property;
- sale to or making alcohol or other drugs available to a student or minor;
- sale, distribution, or display of harmful material to a student or minor;
- certificate fraud;
- state assessment testing violations;
- deadly conduct; and
- conduct that involves inappropriate communication with a student as described in §247.2(3)(I) of this title (relating to the Code of Ethics and Standard Practices for Texas Educators), inappropriate professional educator-student relationships and boundaries, or otherwise soliciting or engaging in sexual conduct or a romantic relationship with a student or minor.
Priority 2 complaints involve any conduct that does not constitute a Priority 1 complaint, including misdemeanor criminal offenses or testing violations that do not fall within Priority 1 complaints. Other Priority 2 complaints include issues related to contract abandonment and certain code of ethics violations that do not constitute Priority 1 complaints.
Placement of Investigative Notices
Suppose the allegations in a complaint against an educator pose a risk to a student or minor’s health, safety, or welfare. In that case, TEA staff must immediately place an investigative notice on an educator’s certification records following specific procedures. On the other hand, if the allegations pose a risk to the health, safety, or welfare of a parent of a student, fellow employee, or professional colleague, then TEA staff may place an investigative notice on an educator’s certification records following the same procedures. Investigative notices may only remain on an educator’s certification records for up to 240 days, but that time limit may be tolled in certain circumstances.
Taking Disciplinary Action Against Educators
If the SBEC finds cause to believe that an educator has violated a rule or law pertaining to their profession, the agency can take formal disciplinary action against the educator. At that point, it will notify the educator of the complaint, and the educator will have the chance to respond to the allegations in the complaint. The SBEC also will file a formal petition for disciplinary action against the educator seeking sanctions for the alleged violations.
In most cases, the SBEC initially proposes a settlement to resolve the disciplinary complaint informally. The educator can accept the settlement and agree to resolve the complaint by accepting sanctions as recommended by the SBEC. However, suppose the educator rejects the settlement offer, and the parties cannot otherwise reach an informal resolution of the complaint. In that case, SBEC can refer the complaint to the State Office of Administrative Hearings (SOAH) for a contested hearing. SOAH will assign an administrative law judge (ALJ) to the case, holding an administrative hearing to resolve the complaint.
During the hearing, both parties have the opportunity to present their case to the ALJ, including any witnesses, documents, and other forms of evidence. After hearing all the evidence, the ALJ issues a Proposal for Decision (PFD) containing findings of facts and conclusions of law to the SBEC. The parties also receive the PFD and can file exceptions to the PFD within 15 days, as well as replies to any filed exceptions within 15 days of their filing.
SBEC ultimately will consider the PFD, any filed exceptions, any filed replies to the exceptions, oral arguments of the parties (in some cases), and an oral presentation by the ALJ (in some cases) to reach a final decision. The SBEC decides the case based on a majority vote of a quorum of its members. The agency can adopt the findings of the ALJ or, if the SBEC finds the ALJ’s PFD to be in error, remand the case with specific instructions.
Sanctions in SBEC Disciplinary Actions
In disciplinary proceedings for violating the laws or rules that govern educators, the SBEC may impose any of the following sanctions under 19 Tex. Admin. Code § 249.15:
- 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;
- 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, or
- Imposition of an administrative penalty of $500 – $10,000 on a superintendent or director who fails to file a mandatory report or on a principal who fails to file a mandatory notification with a superintendent or director promptly.
Click to contact our professional license defense lawyers today
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.
Call or text (512) 476-5757 or complete a Case Evaluation form
