(a) Purpose. The purpose of these guidelines is to achieve the following objectives:
  (1) to provide a framework of analysis for the Texas Education Agency (TEA) staff, the presiding administrative law judge (ALJ), and the State Board for Educator Certification (SBEC) in considering matters under this chapter;
  (2) to promote consistency in the exercise of sound discretion by the TEA staff, the presiding ALJ, and the SBEC in seeking, proposing, and making decisions under this chapter; and
  (3) to provide guidance for the informal resolution of potentially contested matters.
(b) Construction and application. This section shall be construed and applied so as to preserve SBEC members' discretion in making final decisions under this chapter. This section shall be further construed and applied so as to be consistent with §249.5(b) of this title (relating to Purpose; Policy Governing Disciplinary Proceedings) and this chapter, the Texas Education Code (TEC), and other applicable law, including SBEC decisions and orders.
(c) Consideration. The following factors may be considered in seeking, proposing, or making a decision under this chapter:
  (1) the seriousness of the violation;
  (2) whether the misconduct was premeditated or intentional;
  (3) attempted concealment of misconduct;
  (4) prior misconduct and SBEC sanctions;
  (5) the potential danger the conduct poses to the health and welfare of students;
  (6) the effect of the prior conduct upon any victims of the conduct;
  (7) whether sufficient time has passed and sufficient evidence is presented to demonstrate that the educator or applicant has been rehabilitated from the prior conduct;
  (8) the effect of the conduct upon the educator's good moral character and ability to be a proper role model for students;
  (9) whether the sanction will deter future violations; and
  (10) any other relevant circumstances or facts.
(d) Contract abandonment.
  (1) Good cause. The following factors may be considered good cause when an educator is reported to have abandoned a contract in violation of the TEC, §§21.105(c), 21.160(c), or 21.210(c):
    (A) serious illness or health condition of the educator or close family member of the educator;
    (B) relocation to a new city as a result of change in employer of the educator's spouse or partner who resides with the educator;
    (C) significant change in the educator's family needs that requires the educator to relocate or to devote more time than allowed by current employment; or
    (D) the educator's reasonable belief that the educator had written permission from the school district administration to resign.
  (2) Mitigating factors. The following factors shall be considered in seeking, proposing, or making a decision under this chapter regarding an educator who has abandoned a contract in violation of the TEC, §§21.105(c), 21.160(c), or 21.210(c). The educator:
    (A) gave written notice to the school district 30 days or more in advance of the first day of instruction for which the educator will not be present;
    (B) assisted the school district in finding a replacement educator to fill the position;
    (C) continued to work until the school district hired a replacement educator;
    (D) assisted in training the replacement educator;
    (E) showed good faith in communications and negotiations with the school district;
    (F) provided lesson plans for classes following the educator's resignation;
    (G) changed careers within the field of education:
      (i) to a position that required a different class of educator certification as defined in §230.33(b) of this title (relating to Classes of Certificates);
      (ii) to a position with a higher level of authority within the principal class of certificate; or
      (iii) to a position in an open-enrollment charter school or a district of innovation that is equivalent to the positions described in clauses (i) and (ii) of this subparagraph;
    (H) had a reduction in base pay, excluding stipends, as compared to the educator's base pay for the prior year at the same school district;
    (I) resigned due to working conditions that reasonably posed an immediate threat of significant physical harm to the educator; or
    (J) any other relevant circumstances or facts.
  (3) Mandatory sanction for contract abandonment.
    (A) An educator subject to sanction, who has abandoned a contract 44-30 days prior to the first day of instruction for the following school year in violation of the TEC, §§21.105(c), 21.160(c), or 21.210(c), in a case where the factors listed in subsection (c) of this section or in paragraph (1) or (2)(B)-(J) of this subsection do not mitigate or apply, shall receive a sanction of an inscribed reprimand.
    (B) An educator subject to sanction, who has abandoned a contract less than 30 days prior to the first day of instruction for the following school year or at any point during the school year in violation of the TEC, §§21.105(c), 21.160(c), or 21.210(c), in a case where the factors listed in subsection (c) of this section or in paragraph (1) or (2) of this subsection do not mitigate or apply, may not receive a sanction of less than:
      (i) suspension for one year from the first day that, without district permission, the educator failed to appear for work under the contract, provided that the educator has not worked as an educator during that year and the case is resolved within that one year through an agreed final order; or
      (ii) suspension for one year from either the effective date of an agreed final order resolving the case or an agreed future date at the beginning of the following school year, if the educator has worked as an educator after abandoning the contract; or
      (iii) suspension for one year from the date that the SBEC adopts an order that becomes final following a default under §249.35 of this title (relating to Disposition Prior to Hearing; Default) or a contested case hearing at the State Office of Administrative Hearings (SOAH).
    (C) The factors listed in subsection (c) of this section and in paragraphs (1) and (2) of this subsection may mitigate an educator's sanction so significantly that the SBEC takes no disciplinary action.
(e) Mandatory minimum sanction for felony-level conduct. An educator subject to sanction, who is court-ordered to complete a period of deferred adjudication or community supervision for a felony-level criminal offense under state or federal law, may not receive a sanction of less than:
  (1) suspension for a period concurrent with the term of deferred adjudication or community supervision, if the case is resolved through an agreed final order prior to the educator completing deferred adjudication or community supervision and the educator has not been employed as an educator during the period of deferred adjudication or community supervision; or
  (2) suspension beginning on the effective date of an agreed final order for a period extending beyond the end of the educator's deferred adjudication or community supervision but may be less than the initial court-ordered term of deferred adjudication or community supervision, if the case is resolved through an agreed final order prior to the educator completing deferred adjudication or community supervision and the educator has been employed as an educator during the period of deferred adjudication or community supervision; or
  (3) suspension beginning on the effective date of an agreed final order for a period at least half as long as the initial court-ordered term of deferred adjudication or community supervision, if the case is resolved through an agreed final order after the educator has completed deferred adjudication or community supervision; or
  (4) suspension for a period equal to the term of deferred adjudication or community supervision that the criminal court initially ordered but beginning from the date of the final board decision, if the case is resolved through a final board decision following a contested case hearing at the SOAH or a default under §249.35 of this title.
(f) Mandatory minimum sanction for misdemeanor-level conduct. If an educator is subject to sanction, and a court has ordered the educator to complete a period of deferred adjudication, community supervision, or pretrial diversion for a misdemeanor-level criminal offense under state or federal law, the educator may not receive a sanction of less than an inscribed reprimand.
Cont'd...