The following words, terms, and phrases, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Administrative denial--a decision or action by the Texas Education Agency (TEA) staff to deny a person any of the following based on the withholding or voiding of certification test scores; the invalidation of a certification test registration; or evidence of a lack of good moral character or improper conduct:

   1. (A) admission to an educator preparation program;
   2. (B) certification (including certification following revocation, cancellation, or surrender of a previously issued certificate) or renewal of certification; or
   3. (C) reinstatement of a previously suspended certificate.
2. (2) Administrative law judge (ALJ)--a person appointed by the chief judge of the State Office of Administrative Hearings (SOAH) under Texas Government Code, Chapter 2003.
3. (3) Answer--the initial responsive pleading filed in reply to factual and legal issues raised by a petition.
4. (4) Applicant--a party seeking any of the following from the TEA staff or the State Board for Educator Certification (SBEC): issuance of a certificate (including issuance of a new certificate following revocation, cancellation, or surrender of a previously issued certificate); renewal of a certificate; or reinstatement of a suspended certificate.
5. (5) Cancellation--the invalidation of an erroneously issued certificate.
6. (6) Certificate--the whole or part of any certificate, permit, approval, endorsement, or similar form of permission issued by the TEA staff or the SBEC. The official certificate is the record of the certificate as maintained on the SBEC's website.
7. (7) Certificate holder--a person who holds a certificate issued under the Texas Education Code (TEC), Chapter 21, Subchapter B.
8. (8) Chair--the presiding officer of the SBEC, elected pursuant to the TEC, §21.036, or other person designated by the chair to act in his or her absence or inability to serve.
9. (9) Chief judge--the chief administrative law judge of the SOAH.
10. (10) Code of Ethics--the Code of Ethics and Standards of Practices for Texas Educators, pursuant to Chapter 247 of this title (relating to the Educators' Code of Ethics).
11. (11) Complaint--a written statement submitted to the TEA staff that contains essential facts alleging improper conduct by an educator, applicant, or examinee, and provides grounds for sanctions.
12. (12) Contested case--a proceeding under this chapter in which the legal rights, duties, and privileges of a party are to be determined by the SBEC after an opportunity for an adjudicative hearing.
13. (13) Conviction--an adjudication of guilt for a criminal offense. The term does not include the imposition of deferred adjudication for which the judge has not proceeded to an adjudication of guilt, except as provided by Code of Criminal Procedure, Article 42.12.
14. (14) Disciplinary proceedings--contested case proceedings before the TEA staff, the SOAH, and the SBEC that commence when a request for hearing is timely filed under this chapter.
15. (15) Educator--a person who is required to hold a certificate issued under the TEC, Chapter 21, Subchapter B.
16. (16) Effective date--as applied to a non-rulemaking decision or action by the SBEC or the TEA staff, the date the decision or action becomes final under the appropriate legal authority.
17. (17) Examinee--a person who registers to take or who takes a basic skills examination prescribed by the SBEC for admission to an educator preparation program or a comprehensive examination prescribed by the SBEC for a certificate.
18. (18) Filing--any written petition, answer, motion, response, other written instrument, or item appropriately filed with the TEA staff, the SBEC, or the SOAH under this chapter.
19. (19) Good moral character--the virtues of a person as evidenced, at a minimum, by his or her not having committed crimes relating directly to the duties and responsibilities of the education profession as described in §249.16(b) of this title (relating to Eligibility of Persons with Criminal Convictions for a Certificate under Texas Occupations Code, Chapter 53) or acts involving moral turpitude.
20. (20) Informal conference--an informal meeting between the TEA staff and an educator, applicant, or examinee; the purpose of such a meeting being to give the person an opportunity to show compliance with all requirements of law for the granting or retention of a certificate or test score.
21. (21) Invalidation--rendered void; lacking legal or administrative efficacy.
22. (22) Law--the United States and Texas Constitutions, state and federal statutes, regulations, rules, relevant case law, and decisions and orders of the SBEC and the commissioner of education.
23. (23) Mail--certified United States mail, return receipt requested, unless otherwise provided by this chapter.
24. (24) Majority--a majority of the voting members of the SBEC who are present and voting on the issue at the time the vote is recorded.
25. (25) Moral turpitude--improper conduct including, but not limited to, the following: dishonesty; fraud; deceit; theft; misrepresentation; deliberate violence; base, vile, or depraved acts that are intended to arouse or to gratify the sexual desire of the actor; drug or alcohol related offenses as described in §249.16(b) of this title (relating to Eligibility of Persons with Criminal Convictions for a Certificate under Texas Occupations Code, Chapter 53); or acts constituting abuse or neglect under the Texas Family Code, §261.001.
26. (26) Party--each person named or admitted to participate in a contested case under this chapter.
27. (27) Person--any individual, representative, corporation, or other entity, including the following: an educator, applicant, or examinee; the TEA staff, SBEC, or SOAH; any other agency or instrumentality of federal, state, or local government; or any public or non-profit corporation.
28. (28) Petition--the written pleading filed by the petitioner in a contested case under this chapter.

29. (29) Petitioner--the party having the burden of proof by a preponderance of the evidence in any contested case hearing or proceeding under this chapter. The term includes the following persons:

    1. (A) the TEA staff;
    2. (B) a person appealing the administrative cancellation of scores based on irregularities involving a TEA-administered test; and

    3. (C) a person appealing the administrative denial of any of the following:

       1. (i) certification (including certification following revocation, cancellation, or surrender of a previously issued certificate) or renewal of certification; or
       2. (ii) reinstatement of a suspended certificate.
30. (30) Presiding officer--the chair or acting chair of the SBEC.
31. (31) Proposal for decision--a recommended decision issued by an ALJ in accordance with the Texas Government Code, §2001.062.
32. (32) Quorum--a majority of the 14 members appointed to and serving on the SBEC pursuant to the TEC, §21.033; eight SBEC members, as specified in the SBEC Operating Policies and Procedures.
33. (33) Reinstatement--the reactivation to valid status of a certificate suspended by the SBEC; the lifting or discharging of a suspension on a certificate.
34. (34) Representative--a person representing an educator, applicant, or examinee in matters arising under this chapter; in a contested case proceeding before the SOAH, an attorney licensed to practice law in the State of Texas.

35. (35) Reprimand--the SBEC's formal censuring of a certificate holder.

    1. (A) An "inscribed reprimand" is a formal, published censure appearing on the face of the educator's virtual certificate.
    2. (B) A "non-inscribed reprimand" is a formal, unpublished censure that does not appear on the face of the educator's virtual certificate.
36. (36) Revocation--a sanction imposed by the SBEC permanently invalidating an educator's certificate.
37. (37) Respondent--the party who contests factual or legal issues or both raised in a petition; the party filing an answer in response to a petition.

38. (38) Sanction--

    1. (A) a disciplinary action by the SBEC, including a restriction, reprimand, suspension, surrender, or revocation of a certificate;
    2. (B) a reasonable and lawful punitive measure imposed by the ALJ or presiding officer against a party, representative, or other participant involved in a disciplinary proceeding, hearing, or other matter under this chapter.
39. (39) State Board for Educator Certification--the SBEC acting through its voting members in a decision-making capacity.
40. (40) State Board for Educator Certification member(s)--one or more of the members of the SBEC, appointed and qualified under the TEC, §21.033.
41. (41) Surrender--an educator's voluntary, permanent relinquishment and invalidation of a particular certificate in lieu of disciplinary proceedings under this chapter and possible revocation of the certificate.
42. (42) Suspension--a sanction imposed by the SBEC temporarily invalidating a particular certificate until reinstated by the SBEC.
43. (43) Test administration rules or procedures--rules and procedures governing professional examinations administered by the SBEC through the TEA staff and a test contractor, including policies, regulations, and procedures set out in a test registration bulletin.
44. (44) Texas Education Agency staff--staff of the TEA assigned by the commissioner of education to perform the SBEC's administrative functions and services.
45. (45) Unworthy to instruct or to supervise the youth of this state--the determination that a person is unfit to hold a certificate under the TEC, Chapter 21, Subchapter B, or to be allowed on a school campus under the auspices of an educator preparation program.
46. (46) Virtual certificate--the official record of a person's certificate status as maintained on the SBEC's website.

Source Note:The provisions of this §249.3 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective June 21, 2009, 34 TexReg 3944.