September 2014 Committee on School Initiatives Item 4
Review of Proposed Amendment to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter B, Enforcement Actions and Guidelines,
§249.17, Decision-Making Guidelines
September 19, 2014
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 action that would amend 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter B, Enforcement Actions and Guidelines, §249.17, Decision-Making Guidelines. The proposed amendment would clarify that under the SBEC decision-making guidelines, actions that constitute "engaged in" and "solicitation" are distinct grounds for permanent revocation or denial of certification. The proposed amendment would also clarify that fact findings from final orders from other state jurisdictions may also provide the basis for initiating disciplinary proceedings in Texas.
STATUTORY AUTHORITY: The statutory authority for 19 TAC §249.17 is the Texas Education Code (TEC), §§21.031(a); 21.041(b)(4) and (7); 21.058(a), (b), and (d); and 21.060; and the Texas Occupations Code, §53.021(a).
EFFECTIVE DATE: The proposed effective date of the proposed amendment to 19 TAC §249.17 would be October 26, 2014.
PREVIOUS BOARD ACTION: None.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The TEC, §21.041(b)(7), authorizes the SBEC to adopt rules that provide for disciplinary proceedings for certificate holders. Section 249.17, Decision-Making Guidelines, reflects several provisions of statutory authority that provide a framework and guidance for the Texas Education Agency (TEA), administrative law judges, and the SBEC in resolving issues dealing with certification.
Section 249.17(d) deals with when permanent revocation or a certification or denial of an applicant for certification should occur. Specifically, subsection (d)(1) currently calls for permanent revocation or permanent denial of an applicant when the certification holder or applicant "engaged in or solicited any sexual contact or romantic relationship with a student or minor as defined in §249.3 of this title (relating to Definitions)." In a recent contested case hearing, an administrative law judge interpreted "engaged in or solicited" as a single action subject to the same definition rather than as two distinct and separate actions that independently could give rise to permanent revocation or denial.
The proposed amendment to 19 TAC §249.17(d), shown in Attachment II, would clarify the rule to ensure that the actions of "engaged in" and "solicited" are separate and distinct types of conduct that would result in permanent revocation or denial. Current paragraphs (2)-(6) would be renumbered accordingly.
Section 249.17(e) deals with how SBEC treats findings of fact contained in final orders from other states. The proposed amendment to 19 TAC §249.17(e), shown in Attachment II, would clarify the rule to make clear that the findings of fact contained in an out-of-state order may provide a factual basis for SBEC action.
SBOE Review of Proposed SBEC Rules
Under the TEC, §21.042, the SBEC must submit a written copy of each rule it proposes to adopt to the SBOE for review. The SBOE may reject the 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. The rule takes effect as a rule of the SBEC if the SBOE fails to review the rule contained in this item by September 25, 2014, which is the 90th day after the date the SBOE first received this proposed rule.
FISCAL IMPACT: The TEA staff has determined that there is no fiscal impact on state and local governments and there are no additional costs to persons or entities required to comply with the proposed amendment. In addition, there is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
PUBLIC AND STUDENT BENEFIT: The public and student benefit anticipated as a result of the proposed amendment to 19 TAC §249.17 would be clarifying the SBEC rule regarding the types of conduct that would result in permanent revocation or denial of a certificate and actions in other states that could result in disciplinary action in Texas.
PROCEDURAL AND REPORTING IMPLICATIONS: The proposed amendment would have no procedural and reporting implications.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed amendment would have no locally maintained paperwork requirements.
PUBLIC COMMENTS: None.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: None.
MOTION TO BE CONSIDERED: The State Board of Education:
Take no action on the proposed amendment to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter B, Enforcement Actions and Guidelines, §249.17, Decision-Making Guidelines.
Staff Members Responsible:
Ryan Franklin, Interim Associate Commissioner
Educator Leadership and Quality
Von Byer, General Counsel
Legal Services
Attachments:
I. Statutory Citations (PDF, 30KB)
II. Text of Proposed Amendment to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter B, Enforcement Actions and Guidelines, §249.17, Decision-Making Guidelines (PDF, 18KB)