Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Discipline Rules topic
No spam. Unsubscribe anytime.
Committee recommends no action on SBEC's proposed disciplinary rules update (19 TAC 249)
Summary
TEA staff described proposed changes to 19 TAC Chapter 249 on educator disciplinary proceedings, including new grooming language, alignment with the Texas Family Code definition of abuse and a uniform approach to minimum sanctions.
The committee heard a staff presentation on proposed amendments to 19 TAC Chapter 249, which governs disciplinary proceedings, sanctions and contested cases for certified educators.
Jessica McLaughlin, associate commissioner for educator preparation, certification and enforcement, and staff described several categories of rule changes: aligning the definition of abuse with Texas Family Code section 261 (including a failure to make reasonable efforts to prevent abuse); adding enumerated "grooming behaviors" to the definition of solicitation; clarifying minimum sanctions (including a one-year minimum suspension for certain criminal electioneering violations and for serious testing violations); and narrowing procedural requirements to comply with the Administrative Procedures Act.
Staff also described operational changes intended to improve case processing: expanded acceptance of medical documentation for contract-abandonment good-cause determinations; clearer language about mitigating factors and the board's customary month-for-month reductions in suspension time; and expanded use of e-mail delivery for some contested-case documents while preserving registered-mail requirements that state law mandates. Staff said the agency also seeks to permit cancelation of certificates that were erroneously issued by system error without contest when appropriate.
Board members asked about procedural flow for contested cases, notice and service, whether an educator may be teaching while a case proceeds, and whether parents or members of the public could obtain status updates. Staff said respondents are entitled to initial show-cause periods, contested-case rights, and that in practice staff commonly tolls proceedings pending criminal prosecutions. On service and notice, staff said the agency will continue to send those documents by registered mail when required by law but intends to rely on e-mail for some notices and to allow electronic responses in order to reach more educators and reduce returned mail.
After discussion a committee motion recommended that the State Board of Education take no action on the proposed Chapter 249 amendments. (Motion and committee vote recorded.)
