1. (a) The Texas Education Agency (TEA) staff may obtain and investigate information concerning alleged improper conduct by an educator, applicant, examinee, or other person subject to this chapter that would warrant the State Board for Educator Certification (SBEC) denying relief to or taking disciplinary action against the person or certificate.
2. (b) Complaints against an educator, applicant, or examinee must be filed in writing.
3. (c) The TEA staff may also obtain and act on other information providing grounds for investigation and possible action under this chapter.

4. (d) A person who serves as the superintendent of a school district or the director of an open- enrollment charter school, private school, regional education service center, or shared services arrangement shall promptly notify in writing the SBEC by filing a report with the TEA staff within seven calendar days of the date the person first obtains or has knowledge of information indicating any of the following circumstances:

   1. (1) that an applicant for or a holder of a certificate has a reported criminal history;

   2. (2) that a certificate holder was terminated from employment based on a determination that he or she committed any of the following acts:

      1. (A) sexually or physically abused a student or minor or engaged in any other illegal conduct with a student or minor;
      2. (B) possessed, transferred, sold, or distributed a controlled substance;
      3. (C) illegally transferred, appropriated, or expended school property or funds;
      4. (D) attempted by fraudulent or unauthorized means to obtain or to alter any certificate or permit that would entitle the individual to be employed in a position requiring such certificate or permit or to receive additional compensation associated with a position;
      5. (E) committed a crime, any part of such crime having occurred on school property or at a school-sponsored event; or
      6. (F) solicited or engaged in sexual conduct or a romantic relationship with a student or minor; or

   3. (3) that a certificate holder resigned and reasonable evidence supported a recommendation by the person to terminate a certificate holder because he or she committed one of the acts specified in paragraph (2) of this subsection.

      1. (A) Before accepting an employee's resignation that, under this paragraph, requires a person to notify the SBEC by filing a report with the TEA staff, the person shall inform the certificate holder in writing that such a report will be filed and sanctions against his or her certificate may result as a consequence.
      2. (B) A person required to comply with paragraph (3) of this subsection shall notify the governing body of the employing school district before filing the report with the TEA staff.
5. (e) A report filed under subsection (d) of this section shall, at a minimum, summarize the factual circumstances requiring the report and identify the subject of the report by providing the following available information: name and any aliases; certificate number, if any, or social security number; and last known mailing address and home and daytime phone numbers. A person who is required to file a report under subsection (d) of this section but fails to do so timely is subject to sanctions under this chapter.

6. (f) The TEA staff shall not pursue sanctions against an educator who is alleged to have abandoned his or her contract in violation of the Texas Education Code (TEC), §§21.105(c), 21.160(c), or 21.210(c), unless the board of trustees of the employing school district:

   1. (1) renders a finding that good cause did not exist under the TEC, §§21.105(c)(2), 21.160(c)(2), or 21.210(c)(2); and
   2. (2) submits a written complaint to the TEA staff within 30 calendar days after the educator separates from employment.

7. (g) To efficiently administer and implement the SBEC's purpose under this chapter and the TEC, the TEA staff may set priorities for the investigation of complaints based on the severity and immediacy of the allegations and the likelihood of harm posed by the subject of the investigation. All cases accepted for investigation shall be assigned one of the following priorities:

   1. (1) Priority 1: conduct that indicates a risk to the health, safety, or welfare of a student or minor, parent of a student, fellow employee, or professional colleague, including but not limited to the following:

      1. (A) any conduct constituting a felony criminal offense;
      2. (B) indecent exposure;
      3. (C) public lewdness;
      4. (D) child abuse and/or neglect;
      5. (E) possession of a weapon on school property;
      6. (F) drug offenses occurring on school property;
      7. (G) sale to or making alcohol or other drugs available to a student or minor;
      8. (H) sale, distribution, or display of harmful material to a student or minor;
      9. (I) certificate fraud;
      10. (J) serious testing violations;
      11. (K) deadly conduct; and
      12. (L) conduct that involves soliciting or engaging in sexual conduct or a romantic relationship with a student or minor.

   2. (2) Priority 2: other conduct including but not limited to the following:

      1. (A) any conduct constituting a misdemeanor criminal offense or testing violation which is not described as Priority 1 under paragraph (1) of this subsection;
      2. (B) contract abandonment; and
      3. (C) code of ethics violations.
   3. (3) An investigative notice will not be placed on an educator's certification records on the basis of an allegation of Priority 2 conduct. The TEA staff may change a case's priority at any time based on information received.
   4. (4) For purposes of this subsection, a serious testing violation is a failure to observe the requirements of test administration established by the commissioner of education in a manner that involves dishonesty or intent to affect the test score of a student or action that is calculated to effect the accountability rating of a school district or campus.
8. (h) After accepting a case for investigation, if the alleged conduct indicates a risk to the health, safety, or welfare of a student or minor, as described in subsection (g)(1) of this section, the TEA staff shall immediately place an investigative notice on the certificate holder's certification records stating that the certificate holder is currently under investigation. The placement of such an investigative notice must follow the procedures set forth in subsection (i) (1) of this section. After accepting a case for investigation, if the alleged conduct indicates a risk to the health, safety, or welfare of a parent of a student, fellow employee, or professional colleague, as described in subsection (g)(1) of this section, the TEA staff may place an investigative notice on the certificate holder's certification records stating that the certificate holder is currently under investigation. The placement of an investigative notice must follow the procedures set forth in subsection (i)(2) of this section.

9. (i) The following procedures must be followed for placing an investigative notice on the educator's certification records.

   1. (1) At the time of placing an investigative notice on an educator's certification records for alleged conduct that indicates a risk to the health, safety, or welfare of a student or minor, the TEA staff shall serve the certificate holder with a letter informing the educator of the investigation and the basis of the complaint.

      1. (A) Within ten days of placing an investigative notice on the educator's certification records, the letter notifying the certificate holder of the investigation shall be mailed to the address provided to the TEA staff pursuant to the requirements set forth in §230.431 of this title (relating to Procedures in General).
      2. (B) The letter notifying the certificate holder of the investigation shall include a statement of the alleged conduct, which forms the basis for the investigative notice, and shall provide the certificate holder the opportunity to show cause within ten days why the notice should be removed from the educator's certification records.

   2. (2) Prior to placing an investigative notice on an educator's certification records for alleged conduct that indicates a risk to the health, safety, or welfare of a parent of a student, fellow employee, or professional colleague, as described in subsection (g)(1) of this section, the TEA staff shall serve the certificate holder with a letter informing the educator of the investigation and the basis of the complaint.

      1. (A) At least ten days before placing an investigative notice on the educator's certification records, the letter notifying the certificate holder of the investigation shall be mailed to the address provided to the TEA staff pursuant to the requirements set forth in §230.431 of this title.
      2. (B) The letter notifying the certificate holder of the investigation shall include a statement of the alleged conduct, which forms the basis for the investigative notice, and shall provide the certificate holder the opportunity to show cause within ten days why the notice should not be placed on the educator's certification records.
   3. (3) The TEA staff shall determine whether or not to remove or place an investigative notice on the educator's certification records, taking into account the educator's response, if any, to the letter notifying the certificate holder of the investigation.

10. (j) An investigative notice is subject to the following time limits.

    1. (1) An investigative notice may remain on the certification records of a certificate holder for a period not to exceed 240 calendar days.
    2. (2) The TEA staff may toll this time limit if information is received indicating that there is a pending criminal matter related to the alleged act of misconduct that gives rise to the investigative notice. For purposes of this subsection, a criminal matter includes an arrest, an investigation, or a prosecution by a criminal law enforcement agency. Upon receiving notice that the criminal matter has been resolved the tolling period shall end. As part of its procedure, the TEA staff will attempt to make bimonthly (once every two months) contact with a law enforcement agency where a criminal investigation is pending to determine whether the criminal investigation has been closed or otherwise resolved.
    3. (3) The TEA staff may toll this time limit if the matter is referred for a contested case hearing, or upon agreement of the parties.

11. (k) The TEA staff shall remove an investigative notice from the certification records in the following situations.

    1. (1) When a case's final disposition occurs within the time limits established in subsection (j) of this section, an investigative notice shall be removed.

    2. (2) If the time limits for an investigative notice have been exceeded; and

       1. (A) the certificate holder has made a written demand to the TEA staff that the investigative notice be removed because the time limits have been exceeded; and
       2. (B) the TEA staff has failed to refer the matter to the State Office of Administrative Hearings for a contested case hearing within 30 calendar days from the date of receipt of the written demand to remove the investigative notice.
12. (l) Only the TEA staff may file a petition seeking sanctions under §249.15 of this title (relating to Disciplinary Action by Board). Prior to filing a petition, the TEA staff shall mail to the certificate holder affected by written notice of the facts or conduct alleged to warrant the intended action and shall provide the certificate holder an opportunity to show compliance with all requirements of law.

13. (m) The following words and terms, when used in this section, shall have the following meanings.

    1. (1) For purposes of this section, "TEA staff" means staff of the Texas Education Agency assigned by the commissioner of education to perform the SBEC's administrative functions and services.

    2. (2) For purposes of this section, solicitation of a romantic relationship means deliberate or repeated acts that can be reasonably interpreted as soliciting a relationship characterized by an ardent emotional attachment or pattern of exclusivity. Acts that constitute the solicitation of a romantic relationship include, but are not limited to:

       1. (A) behavior, gestures, expressions, communications, or a pattern of communication with a student that are unrelated to the educator's job duties and which may reasonably be interpreted as encouraging the student to form an ardent or exclusive emotional attachment to the educator, including statements of love, affection or attraction. When evaluating whether communications constitute the solicitation of a romantic relationship, the TEA staff may consider the following:

          1. (i) the nature of the communications;
          2. (ii) the timing of the communications;
          3. (iii) the extent of the communications;
          4. (iv) whether the communications were made openly or secretly;
          5. (v) the extent that the educator attempts to conceal the communications;
          6. (vi) if the educator claims to be counseling a student, the SBEC may consider whether the educator's job duties included counseling, whether the educator reported the subject of the counseling to the student's guardians or to the appropriate school personnel, or, in the case of alleged abuse or neglect, whether the educator reported the abuse or neglect to the appropriate law enforcement agencies; and
          7. (vii) any other communications tending to show that the educator solicited a romantic relationship with the student;
       2. (B) making inappropriate comments about a student's body;
       3. (C) making sexually demeaning comments to a student;
       4. (D) making comments about a student's potential sexual performance;
       5. (E) requesting details of a student's sexual history;
       6. (F) requesting a date;
       7. (G) engaging in conversations regarding the sexual problems, preferences, or fantasies of either party;
       8. (H) inappropriate hugging, kissing, or excessive touching;
       9. (I) suggestions that a romantic relationship is desired after the student graduates, including post-graduation plans for dating or marriage; and
       10. (J) any other acts tending to show that the educator solicited a romantic relationship with the student, including, but not limited to, providing the student with drugs or alcohol.

Source Note:The provisions of this §249.14 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective August 9, 2007, 32 TexReg 4756; amended to be effective December 16, 2007, 32 TexReg 9112.