The Texas Education Agency (TEA) licenses and regulates education professionals in Texas through its State Board for Educator Certification (SBEC). This agency ensures that teachers, superintendents, and other education professionals comply with state and federal rules and laws that govern their profession. As a result, disciplinary proceedings may result if someone alleges that you have violated a rule or law related to your profession. A teaching license defense attorney can help if you are facing disciplinary proceedings.
Potential Sanctions for Education Professionals
SBEC can assess various sanctions against educators pursuant to 19 Tex. Admin. Code §249.15, including the following:
- Restrict the issuance, renewal, or holding of an educator’s certificate, either indefinitely or for a set period;
- Issue an inscribed or non-inscribed reprimand;
- Suspend an educator’s certificate for a set period or issue a probated suspension for a set period;
- Revoke or cancel an educator’s certificate, which may involve accepting the surrender of a certificate with restrictions or a permanent prohibition on the ability to reapply;
- Impose any conditions or restrictions upon an educator’s certificate necessary to facilitate the rehabilitation of the educator or to protect student, parents, or school personnel or officials; or
- Assess an administrative penalty ranging from $500 to $10,000 on a superintendent or director who fails to file a timely required report or a principal who fails to make a timely required notification.
Factors for Consideration in Determining Sanctions in Disciplinary Cases
19 Tex. Admin. Code §249.17 lists various factors for the TEA, SBEC, and administrative law judges (ALJs) to consider when conducting disciplinary hearings. The purpose of these factors is to ensure uniform sanctions for educators in SBEC disciplinary proceedings. These factors include:
- The severity of the violation;
- Any evidence of premeditation or intentional behavior;
- Any attempt to conceal the misconduct;
- A history of disciplinary proceedings and sanctions;
- The potential danger that the violation causes to the health and welfare of students;
- The impact of the conduct on the victims;
- The length of time that has passed since the misconduct and whether evidence shows that rehabilitation has occurred;
- Whether the misconduct has affected the educator’s good moral character and their ability to act as a proper role model for students;
- Whether the sanction will deter the educator from future violations; and
- Any other relevant circumstances or facts.
Factors Specific to Contract Abandonment
Since contract abandonment can be a specific ground for disciplinary proceedings against educators, 19 Tex. Admin. Code §249.17(d) lists factors for consideration solely in disciplinary proceedings resulting from contract abandonment. For example, potentially mitigating factors in contract abandonment cases include:
- Providing 30 days or more written notice to the school district;
- Helping the school district find a replacement;
- Continuing to work until the school district finds a replacement;
- Helping the school district train a replacement;
- Showing good faith in working with the school district on the issue;
- Providing advance lesson plans for a replacement educator;
- Changing careers within the field of education involving:
- A position requiring a different class of educator certification,
- A position with a higher level of authority within the principal class of certificate; or
- A position in an open-enrollment charter school or a district of innovation is equivalent to one of these positions.
- Experiencing a reduction in base pay, excluding stipends, over the prior year in the same school district;
- Experiencing working conditions that reasonably pose an immediate threat of significant physical harm to the educator; or
- Any other relevant circumstances or facts.
What is the difference between an inscribed and a non-inscribed reprimand?
An inscribed reprimand is a formal reprimand issued by the TEA that is recorded on an educator’s licensure records. A non-inscribed reprimand is still a formal reprimand issued by the TEA, but it is not published, meaning that it does not appear on licensing records. However, both types of reprimands still are reported to current and prospective employers.
Are there mandatory minimum sanctions for any disciplinary violations for educators?
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19 Tex. Admin. Code §249.15 requires minimum sanctions for some disciplinary violations, including deferred adjudication, community supervision, pre-trial diversion, or conviction of a felony or misdemeanor criminal offense. Other violations carrying mandatory minimum sanctions include intentionally engaging in a security violation related to a mandatory test, possessing, testing positive, or being under the influence of drugs or alcohol at school, failing to make a required report of educator misconduct, and sexual or romantic contact with a student or minor. Mandatory minimum sanctions also apply in some cases of contract abandonment.
Is there any good cause for an educator’s contract abandonment under Texas law?
Yes. Educators may have good cause for contract abandonment under the following circumstances:
- Serious illness or medical condition (for themselves or a close family member);
- Relocation due to a spouse or partner’s change in employment;
- A significant change in family needs that requires relocation or more attention to family needs than allowed by the current employment contract; or
- The educator reasonably believed they had written permission from the school district administration to resign.
We Are Here to Represent Your Interests Before the SBEC
We understand the significant consequences that can result from a disciplinary complaint against your teaching license. Meet with us to discuss your case and discover how we can assist you. You’ll meet with one of our experienced teaching license defense attorneys to discuss the details of the allegations filed against you. If you have received a licensing complaint accusing you of misconduct or a rules violation, Bertolino LLP can help. Contact us today or call (512) 980-3751 and schedule a case evaluation.
Call or text (512) 476-5757 or complete a Case Evaluation form
