1. (a) Pursuant to Articles 6252-13c and 6252-13d, Revised Civil Statutes, and Subchapter C, Chapter 22, Education Code, the board may suspend or revoke an existing valid certificate, deny an applicant a certificate, or bar a person from being assessed or examined for a certificate because of a person's conviction of a felony or misdemeanor if the crime directly relates to the duties and responsibilities of the education profession.

2. (b) Subsection (a) of this section applies to a crime that: indicates a threat to the health, safety, or welfare of a student, parent of a student, fellow employee, or professional colleague; interferes with the orderly, efficient, or safe operation of a school district, campus, or activity; or indicates impaired ability or misrepresentation of qualifications to perform the functions of an educator. Crimes considered to relate directly to the duties and responsibilities of the education profession include:

   1. (1) the crime involves moral turpitude;
   2. (2) the crime involves any form of sexual or physical abuse of a minor or student or other illegal conduct with a minor or student;
   3. (3) the facts underlying the crime would support a felony conviction for possession, transfer, sale, distribution, or conspiracy to possess, transfer, sell, or distribute any controlled substance defined in Chapter 481, Health and Safety Code;
   4. (4) the crime involves school property or funds;
   5. (5) the crime involves any attempt by fraudulent or unauthorized means to obtain or alter any certificate or permit that would entitle any person to hold or obtain a position as an educator;
   6. (6) the crime occurs wholly or in part on school property or at a school-sponsored activity; or
   7. (7) two or more crimes are committed within any 12-month period that involve public intoxication, operating a motor vehicle while under the influence of alcohol, or disorderly conduct.
3. (c) Pursuant to Article 6252-13d, Revised Civil Statutes, the executive director shall notify the applicant or certificate holder in writing of the agency's intent to seek disciplinary action, including denial or revocation, and the reasons for the proposed action. The applicant or certificate holder shall have the opportunity to be heard according to the procedures set forth in this chapter.

Source Note:The provisions of this §249.16 adopted to be effective March 31, 1999, 24 TexReg 2304.