Texas Register, Volume 38, Number 35, Pages 5587-5800, August 30, 2013 Page: 5,665
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that could provide a unique opportunity to exploit student vulnerabil-
ities. Educators must clearly understand the boundaries of the educa-
tor-student relationship that they are trusted not to cross. Any violation
of that trust, such as soliciting or engaging in a romantic or sexual re-
lationship with any student or minor, is considered conduct that may
result in permanent revocation of an educator's certificate.
(G) Evidence of rehabilitation with regard to educator
conduct that could result in sanction, denial of a certification applica-
tion, or denial of an application for reinstatement of a certificate shall
be recognized and considered. In addition, the following shall also be
considered:
(i) the nature and seriousness of prior conduct;
(ii) the potential danger the conduct poses to the
health and welfare of students;
(iii) the effect of the prior conduct upon any victims
of the conduct;
(iv) whether sufficient time has passed and sufficient
evidence is presented to demonstrate that the educator or applicant has
been rehabilitated from the prior conduct; and
(v) the effect of the conduct upon the educator's
good moral character and ability to be a proper role model for students.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on August 19, 2013.
TRD-201303477
Cristina De La Fuente-Valadez
Director, Rulemaking, Texas Education Agency
State Board for Educator Certification
Earliest possible date of adoption: September 29, 2013
For further information, please call: (512) 475-1497
SUBCHAPTER B. ENFORCEMENT ACTIONS
AND GUIDELINES
19 TAC 249.17
The amendment is proposed under the Texas Education Code
(TEC), 21.041(b)(7), which requires the State Board for Edu-
cator Certification to propose rules that provide for disciplinary
proceedings, including the suspension or revocation of an ed-
ucator certificate, as provided by the Texas Government Code,
Chapter 2001.
The proposed amendment implements the TEC, 21.041(b)(7).
249.17. Decision-Making Guidelines.
(a) Purpose. The purpose of these guidelines is to achieve the
following objectives:
(1) to provide a framework of analysis for the Texas Educa-
tion 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 discre-
tion 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 po-
tentially contested matters.
(b) Construction and application. This section shall be con-
strued and applied so as to preserve SBEC members' discretion in mak-
ing final decisions under this chapter. This section shall be further con-
strued and applied so as to be consistent with 249.5(b) of this title
(relating to Purpose; Policy Governing Disciplinary Proceedings) and
this chapter, the Texas Education Code (TEC), [the rest of this chapter
any written F(E disciplinary policy guidelines,] and other applicable
law, including SBEC decisions and orders.
(c) Consideration. The following factors may be considered
in seeking, proposing, or making a decision under this chapter:
(1) the seriousness of the violation;
(2) whether the misconduct was premeditated or inten-
tional;
(3) attempted concealment of misconduct;
(4) prior misconduct;
(5) whether the sanction will deter future violations; and
(6) any other relevant circumstances or facts.
(d) Permanent revocation or denial. Notwithstanding subsec-
tion (c) of this section, the SBEC shall permanently revoke the teaching
certificate of any educator or permanently deny the application of any
applicant if, after a contested case hearing, it is determined that the ed-
ucator or applicant:
(1) engaged in or solicited any sexual contact or romantic
relationship with a student or minor as defined in 249.3 of this title
(relating to Definitions);
(2) possessed or distributed child pornography;
(3) was registered as a sex offender;
(4) committed criminal homicide;
(5) 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 the Texas Health
and Safety Code, Chapter 481, on school property; or
(6) committed any offense described in the TEC, 21.058.
(e) Sanctioned misconduct in another state. The SBEC shall
give full faith and credit to the fact findings contained in final orders of
all other state jurisdictions. If the underlying conduct for the adminis-
trative sanction of an educator's certificate or license issued in another
state is a violation of SBEC rules, the SBEC shall sanction the educa-
tor's Texas educator certificate as provided under SBEC rules.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on August 19, 2013.
TRD-201303478
Cristina De La Fuente-Valadez
Director, Rulemaking, Texas Education Agency
State Board for Educator Certification
Earliest possible date of adoption: September 29, 2013
For further information, please call: (512) 475-1497
4 4 4PROPOSED RULES August 30, 2013 38 TexReg 5665
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Texas. Secretary of State. Texas Register, Volume 38, Number 35, Pages 5587-5800, August 30, 2013, periodical, August 30, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth342086/m1/79/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.