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Frequently Asked Questions--Superintendent Reporting

 

Superintendent Reporting Requirements Under the New Disciplinary Proceedings for Educators/Requirements to Complete an Investigation (Texas Education Code §21.006 and §21.006 (b-1); and 19 TAC Chapter 249, § 249.14 )

1.    What kinds of information must superintendents report to the SBEC under the disciplinary rules for educators?   

A superintendent is required to complete an investigation when there is reasonable cause to believe that the educator may have engaged in misconduct involving abuse or otherwise unlawful acts with a student or minor. 

Superintendents must report two general categories of information: 

  •  the reported criminal history of an applicant for or holder of a certificate or permit issued by SBEC and   
  • educator misconduct that results in termination or resignation.

2.    What is a "reported criminal history”?

A reported criminal history includes information about an arrest, indictment, prosecution, conviction, or other disposition by the criminal justice system. Probation and deferred adjudication, for instance, are part of an individual's reported criminal history. 

3.   What types of misconduct that have not resulted in a reported criminal history must be reported to SBEC? 

The superintendent must provide information to SBEC if any of the following misconduct forms the basis for the termination or resignation of a certified educator: 

  • abused or otherwise committed an unlawful act with a student or minor; 
  • possession, transfer, sale, or distribution of a controlled substance;   
  • illegal transfer, appropriation, or expenditure of property or funds of the
    school district, service center or shared services arrangement;  
  • seeking or obtaining a certificate or permit by fraud or without authorization,
    if the credential would enable the individual to fill an assignment requiring
    the credential or to receive additional pay related to the assignment;
  • commission of a crime on school property or at a school-sponsored event; or
  • solicited or engaged in sexual conduct or a romantic relationship with a student or minor.

4.    What is the deadline for reporting the information to SBEC?

Not later than seven calendar days after the superintendent first becomes aware of a reported criminal history or a termination or resignation based on an act of misconduct listed above. A settlement with a departing employee does not alter the superintendent's responsibility to report the information to SBEC.

5.    What are the consequences for failing to report this information?

The Board may sanction the certificate of a superintendent who fails to report the required information within seven calendar days. Possible sanctions include reprimand, suspension, or revocation of the superintendent's certificate.

6.    Where should the report be sent? What information should be included?

 Send your report to the attention of the Director of Educator Investigations, 1701 N. Congress, 5th Floor, Austin, Texas 78701 or fax it to 512-936-8404, and must include the following information:

  • summary of the factual circumstances underlying the report;  
  • name of the individual reported and any aliases;  
  • reported individual's certificate number, if any, or social security number; and  
  • reported individual's last known mailing address and home and daytime phone numbers;   
  • name or names and any available contact information of any alleged victim or victims:  
  • name or names and any available contact information of any relevant witnesses
    to the circumstances requiring the report.
      

7.    Is reporting required when criminal history information on a certified educator is obtained from the DPS Educator Criminal History Clearinghouse?

Reporting to SBEC is not required for criminal history information obtained from the DPS Educator Criminal History Clearinghouse as a result of the SB 9/TEC 22.0831 fingerprinting process.  SBEC already receives updated notice of all criminal history information of certified educators who are in the DPS Educator Clearinghouse, so reporting of that information by a superintendent would be redundant.

TEC 21.006 and SBEC rule 19 TAC 249.14 both require a superintendent to report to SBEC any criminal history of which they become aware relating to a certified educator, so please note that this exception exists only because criminal history information obtained from the DPS Educator Criminal History Clearinghouse has already been received by SBEC.  Criminal history information received from any other source, such as media reports, self-reporting, local police, etc. must still be reported to SBEC and note that criminal history information includes not just criminal dispositions but also arrests and formal charges.

Requirements to Complete an Investigation (Texas Education Code §21.006 (b-1))

1.    When is a superintendent required to complete an investigation if the educator resigns before the district completes its investigation?  

A superintendent is required to complete an investigation when there is reasonable cause to believe that the educator may have engaged in misconduct involving abuse or otherwise unlawful acts with a student or minor.

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Page last modified on 7/24/2014 11:24:12 AM.