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SBEC updates disciplinary rules, narrows some mitigation reductions for contract‑abandonment cases
Summary
The State Board for Educator Certification adopted amendments to 19 TAC chapter 2.49 that add procedural clarifications and update minimum sanctions and definitions for disciplinary proceedings, including a staff recommendation to exclude certain pay and working‑condition mitigation factors from an automatic one‑month mitigation formula for contract‑abandonment cases.
The State Board for Educator Certification on Feb. 14 adopted revisions to 19 TAC chapter 2.49 governing disciplinary proceedings, sanctions and contested cases.
Staff outlined several substantive changes: tightened documentation requirements for contract abandonment; updates to allow service by email in some circumstances; alignment of the definition of “abuse” with the Family Code; additions to the list of behaviors that may trigger discipline (including grooming behaviors); and updates to minimum sanctions in selected areas such as testing violations. Staff also said the proposal clarifies that an SOA hearing is not required where a certificate was erroneously issued by an IT systems error.
A specific adoption question addressed how the board’s mitigation guidance for contract abandonment (historically treated as one month off suspension per mitigating factor) should apply to three factors (G through I) that relate to pay and working conditions. Staff proposed excluding factors G–I from the “one month per mitigating factor” reduction so ALJs and staff retain discretion to mitigate those circumstances to zero if appropriate. Board members discussed the tradeoffs between predictability for ALJs and the need to avoid overly formulaic reductions in student‑impacting cases.
Board members approved the proposed rule package and associated technical edits. The adoption vote was moved and seconded on the record and the motion carried. Staff said they will continue to engage stakeholders and implement the new language following rule filing.
