September 2015 Committee on School Initiatives Item 3
Review of Proposed Amendments to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases
September 11, 2015
COMMITTEE ON SCHOOL INITIATIVES: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item provides the State Board of Education (SBOE) an opportunity to review the State Board for Educator Certification (SBEC) rule actions that would amend 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases. The proposed amendments would clarify requirements for superintendents reporting the resignation of educators when there is evidence of educator wrongdoing and clarify that the SBEC may sanction an educator for a violation of the Texas Education Code (TEC), §22.085. The proposed amendments would also modernize and clarify the description of the procedures SBEC follows for final orders and make minor corrections to statutory citations.
STATUTORY AUTHORITY: The statutory authority for 19 TAC Chapter 249 is the TEC, §§21.006(b-1), as amended by House Bill (HB) 1783, 84th Texas Legislature, Regular Session, 2015, effective September 1, 2015, and (g); 21.007; 21.031(a); 21.035, as amended by HB 2205, 84th Texas Legislature, Regular Session, 2015, effective September 1, 2015; 21.040(6) and (7); 21.041(a) and (b)(1), (4), (7), and (8); 21.044(a); 21.058; 21.060, 21.105(c); 21.160(c); 21.210(c); 22.082; 22.0831; 22.085; 22.087, as amended by HB 1783, 84th Texas Legislature, Regular Session, 2015, effective September 1, 2015; and 57.491(g); Texas Government Code, §§411.087, as amended by Senate Bill (SB) 1902, 84th Texas Legislature, Regular Session, 2015, effective September 1, 2015; 411.090; and 2001.058(e); Texas Family Code, §261.308(d) and (e) and §261.406(a) and (b), as amended by SB 206, 84th Texas Legislature, Regular Session, 2015, effective September 1, 2015; and Texas Occupations Code, §§53.021(a), as amended by HB 2299, 84th Texas Legislature, Regular Session, 2015, effective January 1, 2017; 53.022; 53.023; 53.024; 53.025; 53.051; and 53.052.
EFFECTIVE DATE: The proposed effective date of the proposed amendments to 19 TAC Chapter 249 would be October 18, 2015.
PREVIOUS BOARD ACTION: None.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The TEC, §21.041(b)(7), authorizes the SBEC to adopt rules that provide for disciplinary proceedings for certificate holders. The SBEC rules in 19 TAC Chapter 249 establish guidelines and procedures for conducting investigations and disciplinary actions relating to educator misconduct.
Current SBEC rules authorize TEA staff to settle disciplinary cases on the SBEC's behalf. The 84th Texas Legislature, passed HB 2205, which allows the SBEC to delegate its settlement authority to the commissioner of education. The SBEC has not exercised this new authority to make such a delegation at this time. However, the proposed amendments would modernize and clarify the procedure for settlement of disciplinary cases as follows.
Since published as proposed, language in 19 TAC §249.7, Signature Authority, would revert back to the TAC currently in effect since the SBEC, at its August meeting, rejected the proposed amendment that would have clarified that the SBEC retains authority over final approval of all agreed orders, including those negotiated by TEA staff. The SBEC rejected the provisions because the SBEC anticipates delegating settlement authority to staff at some point in the future.
The proposed amendment to 19 TAC §249.14, Complaint, Required Reporting, and Investigation; Investigative Notice; Filing of Petition, would clarify that the investigative notice timeline would remain tolled while an agreed order is awaiting approval by the SBEC at its next meeting. The proposed amendment would also clarify that when reasonable evidence supports termination of a certificate holder for the acts described in subsection (d)(2), a superintendent must report the certificate holder to SBEC when the certificate holder submits a notice of resignation, regardless of whether the resignation is effective immediately.
The proposed amendment to 19 TAC §249.15, Disciplinary Action by State Board for Educator Certification, would address two additional violations for which the SBEC may sanction a person who holds a certificate.
The SBEC, at its August meeting, rejected the proposed amendment to 19 TAC §249.35(b) and (c) that would have set out a process for the SBEC's consideration and modification, rejection, or approval of proposed agreed orders. The SBEC also rejected the proposed amendment that would have clarified the procedure for TEA staff to follow when presenting proposed agreed orders to the SBEC for final approval.
The proposed amendment to 19 TAC §249.39, Final Decisions and Orders, would further clarify the process for SBEC's adoption of a final order and remove redundant language. Since published as proposed, 19 TAC §249.39(b) would be amended to allow a party or the party's authorized representative the ability to agree in writing to receive the board's final order via facsimile or email instead of only by certified mail, consistent with a 2015 legislative change to the Administrative Procedure Act.
SBOE Review of Proposed SBEC Rules
Under the TEC, §21.042, the SBEC must submit a written copy of each rule it proposes to adopt to the SBOE for review. The SBOE may reject the proposed rules by a vote of at least two-thirds of the members of the SBOE present and voting, but may not modify a rule. The rules take effect as rules of the SBEC if the SBOE fails to review the rules contained in this item by September 17, 2015, which is the 90th day after the date the SBOE first received the proposed rules.
FISCAL IMPACT: The TEA staff has determined that there is no additional fiscal impact on state and local governments and there are no additional costs to persons or entities required to comply with the proposed amendments. In addition, there is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
PUBLIC AND STUDENT BENEFIT: The public and student benefit anticipated as a result of the proposed amendments would be alignment of rules with legal authority.
PROCEDURAL AND REPORTING IMPLICATIONS: The proposed amendments would have no procedural and reporting implications.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed amendments would have no locally maintained paperwork requirements.
PUBLIC COMMENTS: In accordance with the SBEC rulemaking process, a summary of comments received by the SBEC on its proposed rules will be shared with the SBOE under separate cover prior to this SBOE meeting.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: None.
MOTION TO BE CONSIDERED: The State Board of Education:
Take no action on the proposed amendments to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases.
Staff Members Responsible:
Ryan Franklin, Associate Commissioner
Educator Leadership and Quality
Nichole Bunker-Henderson, Deputy General Counsel
Legal Services
Laura Moriaty, Administrative Law Judge
Legal Services
Attachments:
I. Statutory Citations (PDF, 63KB)
II. Text of Proposed Amendments to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases (PDF, 70KB)