June 2026 Committee on School Initiatives Item 5

Review of Adoption of Proposed Revisions to 19 TAC Chapter 247, Educators' Code of Ethics, and 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases

June 26, 2026

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 revisions to 19 Texas Administrative Code (TAC) Chapter 247, Educators' Code of Ethics, and Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases. The proposed revisions would implement Senate Bill (SB) 571, 89th Texas Legislature, Regular Session, 2025, and SB 12, 89th Texas Legislature, Regular Session, 2025.

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 247 and Chapter 249 is TEC, §§21.031(a); 21.035; 21.041, as amended by House Bill (HB) 2, 89th Texas Legislature, Regular Session, 2025; 21.044(a); 21.0581; 21.060; 21.065; 21.105(a), (c), (e), and (f); 21.160(c), as amended by HB 2, 89th Texas Legislature, Regular Session, 2025; (e), (f), and (g), as added by HB 2, 89th Texas Legislature, Regular Session, 2025; 21.210(c), as amended by HB 2, 89th Texas Legislature, Regular Session, 2025; (e); (f); and (g), as added by HB 2, 89th Texas Legislature, Regular Session, 2025; 22.082; 22.0831; 22.087; and 22A.001; 22A.051(a), (c), (d), (h), and (i); 22A.052; 22A.054; 22A.055(f); 22A.151; 22A.157; 22A.201; 22A.202; 22A.203; and 22A.301, as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025; Texas Government Code (TGC), §§411.090, 2001.054(c), 2001.058(e), and 2001.142(a); Texas Family Code, §261.308(d) and (e); §261.406(a) and (b), as amended by SB 571, 89th Texas Legislature, Regular Session, 2025; 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 USC, §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, §21.031(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 Texas Education Agency (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, as amended by HB 2, 89th Texas Legislature, Regular Session, 2025, authorizes the SBEC to adopt rules as necessary for its own procedures and to regulate educators, specify the requirements for issuance or renewal of an educator certificate, administer statutory requirements, and 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, §21.0581, authorizes the SBEC to suspend, revoke, or impose other sanctions against an individual if the individual assists another person in obtaining employment at a school and the person knew that the other person has previously engaged in sexual misconduct with a minor or student in violation of the law. 

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

TEC, §21.105(c), as amended by HB 2, 89th Texas Legislature, Regular Session, 2025, provides that the SBEC may impose sanctions against a teacher employed under a probationary contract who resigns, fails without good cause to comply with subsection (a) or (b), and fails to perform the contract.

TEC, §21.105(e), requires the SBEC to consider any mitigating factors relevant to the teacher’s conduct and allows the SBEC to consider alternatives to sanctions, including additional continuing education or training. 

TEC, §21.105(f), forbids the SBEC from issuing a sanction of suspension or revocation for educators who abandon their contracts with school districts more than 30 days prior to the first day of instruction for the next school year.

TEC, §21.160(c), as amended by HB 2, 89th Texas Legislature, Regular Session, 2025, allows the SBEC to impose sanctions against an educator who abandons a continuing contract. 

TEC, §21.160(e), requires the SBEC to consider any mitigating factors relevant to the teacher’s conduct and allows the SBEC to consider alternatives to sanctions, including additional continuing education or training. 

TEC, §21.160(f), forbids the SBEC from issuing a sanction of suspension or revocation for educators who abandon their contracts with school districts more than 30 days prior to the first day of instruction for the next school year.

TEC, §21.160(g), as added by HB 2, 89th Texas Legislature, Regular Session, 2025, provides that the SBEC may not impose a sanction against a teacher who relinquishes a position under a continuing contract and leaves employment after the 45th day before instruction of the upcoming school year and without consent, if the teacher's failure to comply was due to the good cause factors listed in paragraphs (1)-(4).

TEC, §21.210(c), as amended by HB 2, 89th Texas Legislature, Regular Session, 2025, allows the SBEC to impose sanctions against an educator who abandons a term contract. 

TEC, §21.210(e), requires the SBEC to consider any mitigating factors relevant to the teacher’s conduct and allows the SBEC to consider alternatives to sanctions, including additional continuing education or training. 

TEC, §21.210(f), forbids the SBEC from issuing a sanction of suspension or revocation for educators who abandon their contracts with school districts more than 30 days prior to the first day of instruction for the next school year.

TEC, §21.210(g), as added by HB 2, 89th Texas Legislature, Regular Session, 2025, establishes the requirements for good cause when a contract is abandoned. 

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, §22.087, 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, §22A.001, as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, provides definitions for TEC, Chapter 22A.

TEC, §22A.051(a), as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, requires that the superintendent or director of an educational entity notify the SBEC if an educator employed by or seeking employment has a criminal record and the entity obtained information about the criminal record by a means other than the criminal history clearinghouse, if an educator’s employment was terminated or the educator resigned and there is evidence that the educator engaged in specific conduct, or if the superintendent or director becomes aware that the educator engaged in specific conduct.

TEC, §22A.051(c), as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, requires a principal of a school district, district of innovation, or charter school to notify the superintendent within 48 hours after the principal becomes aware of misconduct described by TEC, §22A.051(a)(2)(A), (B), (C) or (D).

TEC, §22A.051(d), as added by SB 571, 89th Texas Legislature, Regular Session, 2025, requires that the superintendent or director notify the SBEC by filing a report with the SBEC not later than 48 hours after the superintendent or director receives notice from a principal or becomes aware of evidence of misconduct under TEC, §22A.051(a)(2)(A), (B), (C) or (D).

TEC, §§22A.051(h) and (i), as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, give the SBEC authority to impose administrative penalties on principals and superintendents who fail to fulfill their reporting obligations to the SBEC under TEC, §21.006, and give the SBEC rulemaking authority to implement TEC, §22A.051.

TEC, §22A.052, as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, requires superintendents or directors of educational entities to notify the commissioner of education if an employee or service provider resigned or was terminated and there is evidence that the person engaged in misconduct described by TEC, §22A.051(a)(2)(A), (B), (C) or (D), or the superintendent or director becomes aware of evidence that the person engaged in misconduct described by TEC, §22A.051(a)(2)(A), (B), (C) or (D).

TEC, §22A.054, as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, 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, §22A.054, also provides that the SBEC shall notify the agency for purposes of placing an educator on the registry.

TEC, §22A.055(f), as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, states that the SBEC may revoke the certificate of an administrator if the SBEC determines it is reasonable to believe that the administrator employed a person or accepted services from a service provider despite being aware that the person knowingly failed to disclose information required to be disclosed under this section. 

TEC, §22A.151, as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, requires educational entities to discharge or refuse to hire or terminate or refuse to accept services from any person listed on the registry of persons not eligible for employment in Texas public schools; and provides that an educational entity may not allow a person who is listed on the registry to act as a service provider for an educational entity.

TEC, §22A.157, as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, 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; and provides that the SBEC may impose a sanction on an educator who does not discharge an employee or refuse to hire an applicant if the educator knows or should have known that the employee or applicant has certain criminal history. 

TEC, §22A.201, as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, requires the SBEC to revoke the certification of an educator convicted or placed on deferred adjudication community supervision for certain offenses.

TEC, §22A.202, as added by SB 571, 89th Texas Legislature, Regular Session, 2025, requires the SBEC to temporarily suspend an educator’s certification or permit if the SBEC finds that the educator’s continued certification or permit issuance constitutes a continuing and imminent threat to the public welfare and provides that the SBEC shall propose rules to implement this section.

TEC, §22A.203, as added by SB 571, 89th Texas Legislature, Regular Session, 2025, requires the SBEC to temporarily suspend an educator’s certification or permit if the educator is arrested for specific offenses and provides that the SBEC shall propose rules to implement this section.

TEC, §22A.301, as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, requires the chief administrative officer of a private school to notify the SBEC no later than 48 hours after the chief administrative officer becomes aware of evidence of an alleged incident of misconduct described by TEC, §22A.051(a)(2)(A), (B), (C) or (D), and provides that the SBEC shall propose rules to implement this section. 

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.

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

Texas Family Code, §261.406(a) and (b), as amended by SB 571, 89th Texas Legislature, Regular Session, 2025, requires 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, §53.024, states that proceedings to deny or sanction an educator’s certification are covered by the Texas Administrative Procedure Act, TGC, 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 USC, §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 links above.

BACKGROUND INFORMATION AND JUSTIFICATION: The 89th Texas Legislature, Regular Session, 2025, passed SB 571 and SB 12, which significantly impacted the SBEC’s educator misconduct work. SB 571 amended multiple statutory provisions related to educator misconduct, including mandatory reporting and the creation of temporary suspension authority. SB 12 created new requirements for public school employees and prohibitions related to instruction, diversity, equity, and inclusion duties, as well as social transitioning. Chapter 247 and Chapter 249 establish the Educators’ Code of Ethics, the minimum sanctions for violations of SBEC rules, and the practice procedures for SBEC contested case proceedings. Both Chapter 247 and Chapter 249 will need to be updated based on the changes in SB 571 and SB 12.

Chapter 247, Educators’ Code of Ethics

The SBEC rules in 19 TAC Chapter 247 establish the Educators’ Code of Ethics. At the September and December 2025 meetings, the SBEC had preliminary discussions on potential amendments to Chapter 247. The recommendations discussed were informed by legislative changes and stakeholder feedback. TEA staff brought these potential changes to the Educator Preparation Stakeholder Group on January 9, 2026, and held a stakeholder engagement meeting with the public on December 17, 2025. The following proposed revisions incorporate both SBEC and stakeholder input. This proposal also includes technical edits to conform to Texas Register style requirements. 

§247.2. Code of Ethics and Standard Practices for Texas Educators

Proposed new §247.2(1)(N) would align the Educators’ Code of Ethics to TEC, §11.005, and incorporate the prohibitions on diversity, equity, and inclusion duties.

Proposed new §247.2(1)(O) would align the Educators’ Code of Ethics to TEC, §11.401, and incorporate the prohibitions on assistance with social transitioning.

Proposed new §247.2(1)(P) would align the Educators’ Code of Ethics to TEC, §28.0043, and incorporate the restrictions on instruction regarding sexual orientation and gender identity.

Proposed new §247.2(1)(Q) would align the Educators’ Code of Ethics to the requirement that an educator provide full information to a parent concerning a student in TEC, §26.008.

Proposed new §247.2(1)(R) would add a new prohibition to the Educators’ Code of Ethics that prohibits an educator from promoting, advocating, or encouraging illegal conduct as described in TEC, §22A.201(a), or that is directly related to student behavior or school property, and done so in a manner that is accessible or visible to students. 

The proposed amendment to §247.2(3)(H) would update the definition of appropriate educator student boundaries to include physical proximity or physical contact with a student beyond the professional role, contacting or meeting the student beyond the professional role or efforts to gain access alone with the student with no discernible purpose, transporting the student with permission or in violation of school board policy unless in the event of an emergency, taking or possessing a photo or video of the student beyond the professional role or in violation of school board policy, or showing favoritism or isolation through gifts, rewards, or privileges. 

The proposed amendment to §247.2(3)(I) would update the definition of inappropriate communication to include whether the communication could be reasonably interpreted as threatening the welfare and/or safety of the student. 

Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases

The SBEC rules in 19 TAC Chapter 249 establish the disciplinary proceedings, sanctions, and contested case rules for the SBEC. At the September and December 2025 meetings, the SBEC had preliminary discussions on potential amendments to Chapter 249. The recommendations discussed were informed by legislative changes as well as stakeholder feedback. TEA staff brought these potential changes to the Educator Preparation Stakeholder Group on January 9, 2026, and held a stakeholder engagement meeting with the public on December 17, 2025. The following proposed revisions incorporate both SBEC and stakeholder input. This proposal also includes technical edits to update statutory citations and conform to Texas Register style requirements.

Subchapter B, Enforcement Actions and Guidelines

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

The proposed amendment to §249.14(d) would update the reporting requirements for superintendents and directors to reflect the statutory changes in SB 571, 89th Texas Legislature, Regular Session, 2025. This includes the requirement to report within 48 hours, physical mistreatment of a student regardless of bodily injury, the requirement to report inappropriate communications, failure to maintain appropriate boundaries, and the requirement to report when the superintendent or director becomes aware of evidence that misconduct occurred. 

The proposed amendment to §249.14(e) would update the reporting requirements to reflect the statutory changes in SB 571, 89th Texas Legislature, Regular Session, 2025.

§249.17. Decision Making Guidelines.

The proposed amendment to §249.17(d)(1) would update the good cause factors for contract abandonment, including an update to the factor in subparagraph (B), which provides for good cause due to relocation of an educator or an educator's spouse because of a change in employers or location of employment, and other minor language changes required by HB 2, 89th Texas Legislature, Regular Session, 2025. 

The proposed amendment to §249.17(l) would add a minimum sanction for a violation of TEC, §22A.055(f), of no less than a three-year suspension. 

Additional technical edits were made to subsections (i) and (j) to update statutory citations to reflect legislative changes made by SB 571, 89th Texas Legislature, Regular Session, 2025.

Subchapter F, Temporary Suspensions

Proposed new Subchapter F would provide rules related to temporary suspensions, as required by SB 571, 89th Texas Legislature, Regular Session, 2025.

§249.51. Temporary Suspension Based on Continuing and Imminent Threat.

Proposed new §249.51 would add a definition for continuing and imminent threat to the public welfare for purposes of temporary suspensions to reflect legislative changes made by SB 571, 89th Texas Legislature, Regular Session, 2025.

Proposed new §249.51(a) would provide that if the SBEC or a committee designated by the SBEC has reason to believe that an educator is a continuing and imminent threat to the public welfare, a disciplinary proceeding will be held as soon as possible in accordance with TEC, §22A.202.

Proposed new §249.51(b) would define continuing and imminent threat to the public welfare as a real danger to students or the public from acts or omissions of the educator, which includes solicitation, engagement of a romantic relationship, abuse, or neglect; consideration of whether the harm alleged is more than abstract, hypothetical, or remote; may include both actions and inactions of the educator; consideration of whether the conduct occurred on or off a school campus; and whether there have been prior complaints, investigations, or discipline of the same or similar nature against the educator. 

§249.52. Process for Temporary Suspension of a License or Permit.

Proposed new §249.52 would create the process for temporary suspensions under TEC, §22A.202 and §22A.203, to reflect legislative changes in SB 571, 89th Texas Legislature, Regular Session, 2025.

Proposed new §249.52(a) would provide that the SBEC shall appoint a five-member temporary suspension committee. It would also provide that in the event of the recusal of a member of the committee or the inability of a committee member to attend a temporary suspension proceeding, the SBEC chair may appoint an alternate member. 

Proposed new §249.52(b) would provide that a with-notice hearing may include the presentation of evidence, deliberations, and an announcement of the committee’s decision. It would also provide that notice for a with-notice hearing must be sent to the respondent no less than 10 days before the hearing via electronic mail, but if the electronic mail is returned as undeliverable, the notice will be sent via certified mail.

Proposed new §249.52(c) would provide that evidence at a temporary suspension proceeding be under the relaxed standard in TGC, §2001.081.

Proposed new §249.52(d) would provide that if a majority of the committee votes to temporarily suspend a license or a permit, the suspension shall have an immediate effect and that the committee chair will sign an order that will be sent to the respondent via electronic mail or first-class mail.

Proposed new §249.52(e) would provide that a certificate or permit may be suspended without notice to the respondent under TEC, §22A.202(c), if at the time of the suspension, agency staff initiates proceedings at State Office of Administrative Hearings (SOAH) simultaneously with the temporary suspension, and a hearing is held as soon as practicable under TEC, Chapter 22A, and TGC, Chapter 2001.

Proposed new §249.52(f) would provide that agency staff shall serve notice of a probable cause on a respondent in accordance with SOAH’s rules. This amendment would also provide that a respondent may request a continuance of or waive a probable cause hearing and if the Administrative Law Judge (ALJ) grants the continuance or respondent waives the hearing, the suspension remains in effect. 

Proposed new §249.52(g) would provide that at a probable cause hearing an ALJ shall determine whether there is probable cause to continue the temporary suspension of the license or permit and issue an order on that determination.

Proposed new §249.52(h) would provide that SOAH shall hold a hearing no later than 61 days from the date of the temporary suspension date or the date of the final disposition as required by TEC, §22A.202 and §22A.203. This amendment would also provide that at this hearing, staff may present evidence of any additional violations related to the respondent. 

Proposed new §249.52(i) would provide that staff would send notice of the final hearing in accordance with SOAH’s rules and that the respondent may request a continuance or waive the final hearing. 

Proposed new §249.52(j) would provide that after the final hearing, the ALJ shall issue a proposal for decision on the suspension and the proposal for decision may address any additional violations. 

Proposed new §249.52(k) would provide that for purposes of a suspension under TEC, §22A.203, a final disposition of a criminal case includes evidence of a final, non-appealable conviction; an acceptance and entry of a plea agreement; a dismissal; an acquittal; or a successful completion of deferred adjudication.

Proposed new §249.52(l) would provide that a temporary suspension takes effect immediately and remains in effect until a final or superseding order of the committee or SBEC is entered; the staff received documentation that the information or indictment that served as the underlying basis for arrest has been dismissed or otherwise nullified, the prosecuting authority rejects the prosecution, or charges are dismissed for a temporary suspension under TEC, §22A.203; or the ALJ issued an order determining that there is no probable cause to continue the temporary suspension under TEC, §22A.202.

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 enforcing or administering the rules does not have foreseeable implications relating to cost or revenues of the state or local government. There are no additional costs to entities required to comply with the proposal. 

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 aligning the rules with statute and reflecting current procedures. There is no anticipated economic 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 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 revisions to 19 TAC Chapter 247, Educators' Code of Ethics, and 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases.

Staff Members Responsible:
Levi Fuller, Inspector General of Misconduct 
David Rodriguez, Executive Director, Educator Investigations

Attachment I:
Text of Proposed Amendments to 19 TAC Chapter 247, Educators’ Code of Ethics

Attachment II:
Text of Proposed Amendments to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter B, Enforcement Actions and Guidelines, and Proposed New Subchapter F, Temporary Suspensions