By Allen Keller & Ramón Medina

On August 4, 2017, the State Board for Educator Certification (SBEC) discussed proposed amendments to Texas Administrative Code, Title 19, Chapter 249 that would implement Senate Bill (SB) 7. On October 6, 2017, SBEC again considered the proposed rule amendments. SBEC’s amendments to Chapter 249 are pending adoption by SBEC during the meeting scheduled for December 8, 2017.

Notably, as read during the October meeting, SBEC proposes to adopt amendments to Chapter 249 that address the following matters as they relate to SB7:

(a) Adds a definition for inappropriate relationship;

(b) TEA staff decision or action to deny certification, renewal of certification or reinstatement of certification pertaining to a person who:

• Assists another person obtain employment at a school district or charter school although they knew that the other person had previously engaged in an inappropriate relationship with a minor or student; and
• Committed an act that would make them subject to required revocation or mandatory
permanent revocation;

(c) Notification requirements applicable to campus principals;

(d) Changes to the notice and report required of a principal and superintendent;

(e) Administrative penalties, particularly the minimum financial and other sanction, applicable to principals and superintendents that fail to submit or file the required notice or report; and

(f) Amends the basis upon which SBEC may take action.

Upon publication of the above rules, as adopted, in the Texas Register, the proposed amendments would become effective 20 days thereafter, or on or about March 8, 2018. Presently, the proposed amendments to Chapter 249 were published in the November 3, 2017, issue of the Texas Register, and will be available for public comment through December 4, 2017. Additionally, SBEC will hear oral comments, as well as accept written comments, at its December 4, 2017, meeting.

Go to TEA for additional information.

Although not included in SBEC’s proposed amendments to Chapter 249, the Texas Association of School Boards, Inc. (TASB) published a Sample Pre-Employment Affidavit for Applicants and a Sample Pre-Employment Affidavit for Applicant Offered Employment on its website.