April 2025 Committee on School Initiatives Item 3

Review of Adoption of Proposed Amendments to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases

April 11, 2025

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 adopt the proposed amendments to 19 Texas Administrative Code (TAC) Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases. The proposed amendments reflect the results of prior discussions on Chapter 249 by the SBEC, as well as multiple stakeholder engagement sessions. The proposed amendments would amend the contract abandonment mitigating factors; amend the definition of solicitation to add grooming behaviors; update the SBEC’s mandatory minimum sanctions; update the SBEC’s mailing procedures to allow original petitions and default petitions to be sent via electronic mail; clarify that all notices sent to comply with Texas Government Code, §2001.054, will be sent via certified or registered mail, remove the requirement that exceptions must be filed or an issue is waived; clarify the erroneously issued certificate section to explicitly state that the cancellation of a certificate issued as the result of a Texas Education Agency (TEA) information technology (IT) error will not result in a contested case; and amend the SBEC’s definition of abuse to mirror the definition of abuse found in Texas Family Code, Chapter 261, as well as make additional technical edits.

STATUTORY AUTHORITY: The statutory authority for the SBOE to review rules that the SBEC proposes to adopt is Texas Education Code (TEC), §21.042. The statutory authority for 19 TAC Chapter 249, Subchapters A, B, C, and E, is TEC, §§21.006(a), (b), (b-1), (b-2), (c), (c-1), (c-2), (f), (g), (g-1), and (i); 21.0062; 21.007; 21.009(e); 21.031(a); 21.035; 21.041(a) and (b)(1), (4), (7), and (8); 21.044(a), 21.058; 21.0581; 21.060; 21.065; 21.105(c); 21.160(c); 21.210(c); 22.082; 22.0831; 22.085; 22.087; 22.092; and 22.093; Texas Government Code (TGC), §§411.090, 2001.054(c), 2001.058(e), and 2001.142(a); Texas Family Code (TFC), §261.308(d) and (e) and §261.406(a) and (b); Texas Occupations Code (TOC), §§53.021(a), 53.022–53.025, 53.051, 53.052 and 56.003; and the Every Student Succeeds Act (ESSA), 20 United States Code (U.S.C.) §7926.

TEC, §21.042, requires the SBEC to submit a written copy of each rule it proposes to adopt to the SBOE for review. The SBOE may reject a proposed rule by a vote of at least two-thirds of the members of the SBOE present and voting but may not modify a rule proposed by the SBEC.

TEC, §21.006(a)-(c-2), (f)-(g-1), and (i), require the superintendent or director of a school district, district of innovation, open-enrollment charter school, other charter entity, regional education service center or shared services arrangement to report to the SBEC within seven business days of when the superintendent knew or received a report from a principal that an educator has resigned or is terminated and there is evidence that the educator has engaged in certain misconduct, unless the superintendent or director completes an investigation before the educator resigns or is terminated and determines that the educator did not commit the alleged misconduct. It also requires principals to report to superintendents within seven business days of when the superintendent knew or received a report from a principal that an educator has resigned or is terminated and there is evidence that the educator has engaged in certain misconduct. It further authorizes the SBEC to impose sanctions on educators who fail to report as required by the statute, including authority to impose monetary administrative penalties, gives SBEC rulemaking authority as necessary to implement the statute, and requires the SBEC to create an internet portal to facilitate confidential and secure reporting.

TEC, §21.0062, requires the chief administrative officer of a private school to notify the SBEC within seven days when a private school educator resigns before the completion of an investigation or is terminated and there is evidence that the educator has engaged in certain misconduct and gives the SBEC rulemaking authority to implement the section.

TEC, §21.007, gives the SBEC authority to place a notice that an educator is under investigation for alleged misconduct on the educator’s public certification records, requires the SBEC give the educator notice and an opportunity to show cause, requires that the SBEC limit the amount of time the notice can appear on the educator’s certification, and gives the SBEC rulemaking authority as necessary to implement the provision.

TEC, §21.009(e), states that the SBEC may revoke the certificate of an administrator if the board determines it is reasonable to believe that the administrator employed an applicant despite being aware that the applicant had been adjudicated for or convicted of having an inappropriate relationship with a student or minor.

TEC, §21.031(a), charges the SBEC with regulating and overseeing all aspects of the certification, continuing education, and standards of conduct for public school educators.

TEC, §21.035, states that TEA staff provides administrative functions and services for SBEC and gives SBEC the authority to delegate to either the commissioner of education or to TEA staff the authority to settle or otherwise informally dispose of contested cases involving educator certification.

TEC, §21.041(a) and (b)(1), (4), (7), and (8), authorizes the SBEC to adopt rules as necessary for its own procedures, to regulate educators, specify the requirements for issuance or renewal of an educator certificate, provide for educator disciplinary proceedings and for enforcement of the educator’s code of ethics.

TEC, §21.044(a), authorizes the SBEC to adopt rules establishing training requirements and academic qualifications required for a person to obtain an educator certificate.

TEC, §21.058, requires the SBEC to revoke the certification of an educator convicted or placed on deferred adjudication community supervision for certain offenses.

TEC, §21.0581, authorizes SBEC to take action against a person who assists another person obtain employment at a school despite knowing the other person engaged in sexual misconduct with a minor or student.

TEC, §21.060, sets out crimes that relate to the education profession and authorizes the SBEC to sanction or refuse to issue a certificate to any person who has been convicted of one of these offenses.

TEC, §21.065, sets requirements for the notice SBEC must send when it suspends an educator’s certificate.

TEC, §21.105(c), allows the SBEC to impose sanctions against an educator who abandons a probationary contract.

TEC, §21.160(c), allows the SBEC to impose sanctions against an educator who abandons a continuing contract.

TEC, §21.210(c), allows the SBEC to impose sanctions against an educator who abandons a term contract.

TEC, §22.082, requires the SBEC to subscribe to the criminal history clearinghouse and allows the SBEC to obtain any criminal history from any closed case file.

TEC, §22.0831, requires the SBEC to review the criminal history of certified educators and applicants for certification.

TEC, §22.085, requires school districts, charter schools, and shared services arrangements to conduct fingerprint criminal background checks on employees and refuse to hire those that have certain criminal history.

TEC, §22.087, requires superintendents and directors of school districts, charter schools, private schools, regional education service centers, and shared services arrangements to notify the SBEC if an applicant for a certification has criminal history that is not in the criminal history clearinghouse.

TEC, §22.092, requires school districts, charter schools, districts of innovation, regional education service centers, and shared services arrangements to discharge or refuse to hire any person listed on the registry of persons not eligible for employment in Texas public schools.

TEC, §22.093, requires superintendents or directors of school districts, districts of innovation, charter schools, regional education service centers, or shared services arrangements to notify the commissioner of education if an employee resigned or was terminated and there is evidence that the employee abused or otherwise committed an unlawful act with a student or minor or was involved in a romantic relationship with a student or minor.

TGC, §411.090, allows the SBEC to get from the Texas Department of Public Safety all criminal history record information about any applicant for licensure as an educator.

TGC, §2001.054(c), requires the SBEC to give notice by personal service or by registered or certified mail to the license holder of the factors or conduct alleged to warrant suspension, revocation, annulment, or withdrawal of an educator’s certificate and to give the certified educator an opportunity to show that the educator is in compliance with the relevant statutes and rules.

TGC, §2001.058(e), sets out the requirements for when the SBEC can make changes to a proposal for decision from an administrative law judge.

TGC, §2001.142(a), requires all Texas state licensing agencies to notify parties to contested cases of orders or decisions of the agency by personal service, electronic means if the parties have agreed to it, first class, certified or registered mail, or by any method required under the agency’s rules for a party to serve copies of pleadings in a contested case.

TFC, §261.308(d) and (e), require the Texas Department of Family and Protective Services to release information regarding a person alleged to have committed abuse or neglect to the SBEC.

TFC, §261.406(a) and (b), require the Texas Department of Family and Protective Services to send a copy of a completed investigation report involving allegations of abuse or neglect of a child in a public or private school to the TEA.

TOC, §53.021(a), allows the SBEC to suspend or revoke an educator’s certificate or refuse to issue a certificate, if a person is convicted of certain offenses.

TOC, §53.022, sets out factors for the SBEC to determine whether a particular criminal offense relates to the occupation of education.

TOC, §53.023, sets out additional factors for the SBEC to consider when deciding whether to allow a person convicted of a crime to serve as an educator.

TOC, §53.0231, sets out information the SBEC must give an applicant when it denies a license and requires that the SBEC allow 30 days for the applicant to submit any relevant information to the SBEC.

TOC, §53.0232, precludes SBEC from considering arrests that did not result in convictions or placement on deferred adjudication community supervision in the determination of fitness to be licensed as an educator.

TOC, §53.024, states that proceedings to deny or sanction an educator’s certification are covered by the Texas Administrative Procedure Act, Texas Government Code, Chapter 2001.

TOC, §53.025, gives the SBEC rulemaking authority to issue guidelines to define which crimes relate to the profession of education.

TOC, §53.051, requires that the SBEC notify a license holder or applicant after denying, suspending, or revoking the certification.

TOC, §53.052, allows a person who has been denied an educator certification or had their educator certification revoked or suspended to file a petition for review in state district court after exhausting all administrative remedies.

TOC, §56.003, prohibits state agencies from taking disciplinary action against licensees for student loan non-payment or default.

ESSA, 20 U.S.C. §7926, requires state educational agencies to make rules forbidding educators from aiding other school employees, contractors, or agents in getting jobs when the educator knows the jobseeker has committed sexual misconduct with a student or minor in violation of the law.

The full text of statutory citations can be found in the statutory authority section of this agenda.

BACKGROUND INFORMATION AND JUSTIFICATION: The SBEC rules in 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, establish the sanction requirements and procedures for disciplinary actions against educators.

The SBEC engaged in discussions related to potential amendments during the April, July, and September 2024 SBEC meetings. At the April meeting, the SBEC had a preliminary discussion on potential amendments to Chapter 249. The recommendations discussed were informed by challenges and areas for improvement identified by staff in the application of Chapter 249 or issues previously raised by the SBEC at prior meetings.

TEA staff brought these potential changes to the Educator Preparation Stakeholder Group on June 21, 2024, and held a stakeholder engagement meeting with the general public on July 9, 2024. TEA staff presented the feedback from these stakeholder engagement meetings to the SBEC at the July meeting. TEA staff presented the preliminary draft to stakeholders at a stakeholder engagement meeting on August 30, 2024, and presented the feedback from this stakeholder engagement meeting to the SBEC at the September meeting. TEA staff received feedback on the draft text presented at the September meeting, and the proposed amendments outlined below incorporate both SBEC input as well as input from stakeholders.

Subchapter A, General Provisions

§249.3, Definitions.

The proposed amendment to §249.3(1) would align the definition of Abuse with the definition of Abuse in Texas Family Code, §261.001(1), as well as the commissioner of education’s definition of Abuse in 19 TAC §153.1201(b), Definitions.

The proposed amendment to §249.3(29) would update the definition of Mail to include first-class United States mail and electronic mail and remove the phrase, “unless otherwise provided by this chapter.”

The proposed amendment to §249.3(51) would add new subparagraph (K) to the definition of Solicitation of a romantic relationship to add grooming behaviors in the totality of the circumstances, specifically showing a student special attention; giving the student individual gifts, money, or privileges; isolating the student; exposing the student to adult topics or conversation and/or media that is not age appropriate; or meeting behind closed doors with the student without another adult present; as well as removes the word “may” and “prima facie” as related to what acts considered in context constitute evidence of solicitation. Subsequent subparagraphs would be relettered.

Technical edits would be made to §249.3(44) to correct a typographical error and to §249.3(52) to update a cross reference for clarity.

Subchapter B, Enforcement Actions and Guidelines

§249.11, Test Irregularities; Appeal, Sanctions.

The proposed amendment to §249.11(a) would modify the methods of service for written notice of alleged violations of certification test administration rules or procedures to allow for the notice to be sent via first-class United States mail or electronic notification only.

§249.12, Administrative Denial; Appeal.

The proposed amendment to §249.12(b) would add persons that are subject to placement on the Registry of Persons Not Eligible for Hire under TEC, §22.092, and conduct that demonstrates that a person violated 19 TAC Chapter 247, Educators’ Code of Ethics, as reasons the TEA staff may administratively deny a certificate. Subsequent subparagraphs would be relettered.

§249.13, Cancellation of an Erroneously Issued Certificate.

Proposed new §249.13(f) would provide that this section does not apply to erroneously issued certificates as the result of a TEA systems error.

§249.14, Complaint, Required Reporting, and Investigation; Investigative Notice; Filing of Petition.

Proposed new §249.14(p) would add that before institution of agency proceedings, TEA staff shall send a letter via certified or registered mail to the certificate holder giving them notice of the facts or conduct alleged to warrant the intended action and an opportunity to show compliance with all requirements of law for the retention of the certificate. Subsequent subparagraphs would be relettered.

§249.15, Disciplinary Action by State Board for Educator Certification.

The proposed amendment to §249.15(a)(5) would add that the SBEC may impose classes and treatment programs that the SBEC deems necessary as a condition or restriction on a certificate.

§249.17, Decision-Making Guidelines.

The proposed amendment to §249.17(d)(1) would add requirements that to establish the good cause factors of serious illness or health condition of the educator or close family member of the educator, the educator must provide documentation from a licensed medical provider. It would also add the requirement to provide documentation to establish the good cause factor of relocation to a new city as a result of change in employer of the educator’s spouse or partner as a requirement.

The proposed amendment to §249.17(d)(2) would add that a reduction of one month in suspension time be applied for each mitigating factor established.

The proposed amendment to §249.17(e) would add that an educator who is required to complete pretrial diversion for a felony-level offense is subject to sanction.

The proposed amendment to §249.17(g) would add that an educator is subject to a one-year mandatory minimum sanction for intentional violations of the security or confidential integrity of a test required under TEC in a manner described by 19 TAC §101.3031(a)(3) and remove the mandatory minimum for manipulation of test results.

Proposed new §249.17(k) would add a mandatory minimum sanction of a one-year suspension for an educator who is court-ordered to complete a period of deferred adjudication, community supervision, or pretrial diversion for an offense under Texas Election Code, Chapter 255. The subsequent subsection would be relettered.

Subchapter C, Prehearing Matters

§249.26, Petition.

The proposed amendment to §249.26(c) would add that TEA staff may serve a petition by electronic mail to the respondent as well as send a copy of the petition to the respondent’s attorney if notice of representation has been provided by electronic mail. It would remove the option for service of the petition on the respondent by United States certified mail, return receipt requested.

§249.27, Answer.

The proposed amendment to §249.27 would allow a respondent to serve an answer on TEA by electronic mail and remove the requirement that a respondent serve an answer by United States certified mail, return receipt requested.

Subchapter E, Post-Hearing Matters

§249.37, Exceptions and Replies.

The proposed amendment to §249.37 would remove the requirement that a disagreement with a factual finding or conclusion of law in the proposal for decision be contained in an exception to the proposal otherwise it is waived. Subsequent subparagraphs would be relettered.

FISCAL IMPACT: No changes have been made to this section since published as proposed. Jessica McLoughlin, associate commissioner for educator preparation, certification, and enforcement, has determined that for the first five years the rules will be in effect there is no additional fiscal impact on local governments.

The proposed rule change allows TEA staff to send original petitions and default petitions via electronic mail. Under the current rule, TEA staff is required to send original petitions and default petitions via registered certified mail and U.S. first class mail. TEA staff sent 631 original petitions and default petitions via registered certified mail and U.S. first class mail in Fiscal Year 2024. In at least 50% of those cases, TEA staff sent the petition to an additional address. An average of 947 petitions mailed annually by TEA staff multiplied by the cost of mailing for certified mail and U.S. first class mail at $9.64 is an annual savings of $9,129.08 to the state. Additionally, the cost of mailing typically goes up annually so the cost savings will increase year after year. The rule does not have foreseeable implications relating to revenues of the state or to local governments.

LOCAL EMPLOYMENT IMPACT: No changes have been made to this section since published as proposed. The proposal has no effect on local economy; therefore, no local employment impact statement is required under TGC, §2001.022.

SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: No changes have been made to this section since published as proposed. The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis, specified in TGC, §2006.002, is required.

COST INCREASE TO REGULATED PERSONS: No changes have been made to this section since published as proposed. The proposal does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to TGC, §2001.0045.

TAKINGS IMPACT ASSESSMENT: No changes have been made to this section since published as proposed. The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under TGC, §2007.043.

GOVERNMENT GROWTH IMPACT: No changes have been made to this section since published as proposed. TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not create a new regulation; would not expand, limit, or repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.

PUBLIC BENEFIT AND COST TO PERSONS: No changes have been made to this section since published as proposed. Jessica McLoughlin, associate commissioner for educator preparation, certification, and enforcement, has determined that for the first five years the proposal is in effect, the public benefit anticipated would be clarification and transparency in the SBEC’s sanctioning procedures. Overall, the proposal will help to ensure efficient and predictable outcomes for educators in SBEC disciplinary proceedings. There is no anticipated cost to persons who are required to comply with the proposal.

DATA AND REPORTING IMPACT: No changes have been made to this section since published as proposed. The proposal would have no new data and reporting impact.

ENVIRONMENTAL IMPACT: No changes have been made to this section since published as proposed. The proposal does not require an environmental impact analysis because the proposal does not include major environmental rules under TGC, §2001.0225.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: No changes have been made to this section since published as proposed. The TEA staff has determined that the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.

PUBLIC COMMENTS: In accordance with the SBEC rulemaking process, a summary of comments received by the SBEC on its proposed rules is shared with the SBOE under separate cover prior to this SBOE meeting.

MOTION TO BE CONSIDERED: That the State Board of Education:

Take no action on the proposed amendments to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter A, General Provisions, Subchapter B, Enforcement Actions and Guidelines, Subchapter C, Prehearing Matters, and Subchapter E, Post-Hearing Matters.

Staff Members Responsible:
Jessica McLoughlin, Associate Commissioner, Educator Preparation, Certification, and Enforcement
Sarah Wolfe, Director, EPCE Law & Policy
David Rodriguez, Director, Educator Investigations

Attachment:
Text of Proposed Amendments to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter A, General Provisions, Subchapter B, Enforcement Actions and Guidelines, Subchapter C, Prehearing Matters, and Subchapter E, Post-Hearing Matters