If you face a complaint or disciplinary proceedings before the State Board for Educator Certification (SBEC), which is a division of the Texas Education Agency (TEA), your first call should be to an experienced teaching license defense lawyer. You need legal counsel to help protect your rights, safeguard your license, and allow you to continue your professional career. Together, you can fight back against the allegations against you and work to resolve your case with minimal effects on your career.
What Division of the TEA Handles Complaints Against Educators?
The State Board for Educator Certification (SBEC) is the TEA division that handles complaints against educators. The SBEC also pursues disciplinary action against educators if warranted due to violations of the rules and laws that govern the education profession.
How Does the SBEC Receive a Complaint Against an Educator?
When the SBEC receives a complaint against an educator, it prioritizes it as “Priority 1” or “Priority 2” based on severity. A Priority 1 complaint involves conduct that presents a risk to the health, safety, or welfare of a student or minor, parent of a student, employee, or professional colleague, including felony criminal offenses, making alcohol, drugs, or harmful materials available to students or minors, certificate fraud, state assessment testing violations, and inappropriate communications or relationships with students or minors.
A Priority 2 complaint involves any other conduct that does not fall within the definition of a Priority 1 complaint, including misdemeanor criminal offenses, other testing violations, contract abandonment, and code of ethics violations.
Does Notice of a Complaint Go on an Educator’s Certification Records?
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The nature of a complaint determines whether SBEC is required to place an investigative notice on the certification records of the educator who is the subject of the complaint. If SBEC must or opts to place an investigative notice on the educator’s records, it must follow specific procedures.
What Happens When SBEC Files Disciplinary Proceedings Against an Educator?
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If SBEC decides to pursue disciplinary proceedings, the agency notifies the educator of the allegations in the complaint and allows them time to respond. SBEC can then file disciplinary proceedings seeking sanctions against the educator based on violating the rules or laws that govern educators.
What Happens if SBEC and the Educator Cannot Resolve the Disciplinary Complaint Informally?
If the SBEC and the educator are unable to resolve the disciplinary complaint informally, the SBEC can refer the case to the State Office of Administrative Hearings (SOAH) for a contested hearing. SOAH assigns the case to an administrative law judge (ALJ) to preside over it.
The ALJ conducts the case according to special rules of procedure governing SOAH and the evidence rules that apply in all court cases. Both parties present evidence to support their side of the case.
The ALJ then issues a proposal for decision (PFD) to the SBEC and the parties, which includes findings of fact and conclusions of law. Either or both parties have 15 days to file exceptions to the PFD, and they also may reply to any filed exceptions within 15 days of the filed exceptions. SBEC will then consider the PFD, the exceptions, the replies to the exceptions, and, in some cases, oral arguments and/or a presentation by the ALJ. Ultimately, SBEC issues a final decision on the disciplinary complaint by a majority vote of a quorum of its members. SBEC may adopt the PFD or remand the case to the ALJ with specific instructions. For instance, the SBEC may instruct the ALJ to determine a certain finding of fact or apply a corrected burden of proof.
What Sanctions Can Educators Face in Disciplinary Actions Before the SBEC?
Under 19 Tex. Admin. Code § 249.15, the SBEC can impose any of the following sanctions in disciplinary actions if violations of applicable rules or laws have occurred:
- Restrict the issuance, renewal, or holding of a certificate, either for a set term or indefinitely;
- Issue an inscribed or non-inscribed reprimand;
- Suspend a certificate for a set term, including a probated suspension;
- Revoke or cancel a certificate;
- Impose any conditions or restrictions upon a certificate deemed necessary to facilitate the rehabilitation and professional development of the educator or to protect students, parents of students, school personnel, or school officials; or
- Assess an administrative penalty of $500 – $10,000 on a superintendent or director who fails to file a mandatory report promptly or on a principal who fails to file a mandatory notification with a superintendent or director promptly.
What Factors Does the SBEC and an ALJ Take into Consideration in Determining the Sanctions for a Disciplinary Violation by an Educator?
Under 19 Tex. Admin. Code §249.17(c), the SBEC and an ALJ in a contested hearing may consider the following factors in determining the appropriate sanction for a disciplinary violation by an educator:
- The seriousness of the violation;
- Whether the misconduct was premeditated or intentional;
- Attempted concealment of misconduct;
- Prior misconduct and SBEC sanctions;
- The potential danger the conduct poses to the health and welfare of students;
- The effect of the prior conduct upon any victims of the conduct;
- Whether sufficient time has passed and sufficient evidence is presented to demonstrate that the educator or applicant has been rehabilitated from the prior conduct;
- The effect of the conduct upon the educator’s good moral character and ability to be a proper role model for students;
- Whether the sanction will deter future violations; and
- Any other relevant circumstances or facts.
This code section also sets forth various good cause factors that the SBEC may consider and mitigating factors that the SBEC shall consider in determining the appropriate sanctions in a contract abandonment situation.
Count on Bertolino LLP to Defend Your Teaching License from Disciplinary Action
Don’t allow a complaint to derail your career without cause. When facing disciplinary proceedings, you need a seasoned teaching license defense attorney. We will defend you against the allegations you are facing and work to clear your name. Contact the lawyers of Bertolino LLP today by calling (512) 515-9518 or visiting us online.
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