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-  Educators should be aware and enactive of local policies that their district sets per inappropriate relationships between students and teachers.
-  Educators should seek out trainings to determine what does and does not constitute inappropriate student teacher relationships.
- Educators should refrain from any activity (spoken, written, or communicated online) between a student that may fall under the category of inappropriate behavior.
-  Educators should have full knowledge of the consequences of an inappropriate student teacher relationship (imprisonment, loss of certification, termination, fines, and community service).
-  Educators should refrain from ever being alone with a student that may bring about concerns that inappropriate behaviors are existing between said teacher and student.
- Educators should be responsive to concerns of inappropriate student teacher relationships and report any instances of said behavior to superior administrators.
-  Educators should refrain from any personal contact via text messaging, phone calls, and social media with students to avoid any connection to inappropriate student teacher behaviors .
-  Educators should set standards of what is and what is not appropriate communication with students to avoid any possible allegations of inappropriate communication .
-  Educators should seek out support from superiors when a student crosses the defined lines of a proper student teacher relationship to avoid any inappropriate situations.
- Educators should practice common sense and good judgement in any form of communication or contact with a student. Thinking ahead can protect both the interests of the student and the educator.

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- This guide as provided by the Department of Education (2017) aims to educate educators about what Adult Sexual Misconduct is, how to avoid it, and ways to maintain relationships with students in an appropriate manner.

- On page 6, educators can find a visual graphic that provides appropriate and inappropriate behaviors for verbal/written/ and online communications as well as in person physical conduct. This provision would serve beneficially for local state school districts to review with employees in order to provide the necessary foundations to avoid such adult sexual misconduct behaviors (Readiness and Emergency Management For Schools, 2017)

This guide also provides ways to train educators, address issues of social media contact, the provision of training exercises, as well as when to report an employee that may be engaging in adult sexual misconduct behaviors. These are outlined in the table of contents per topic for educators and administrators to utilize to address and maintain guidance against inappropriate student teacher relationships (Readiness and Emergency Management For Schools, 2017)

Readiness and Emergency Management For Schools (2017). A training guide for administrators and educators addressing adult sexual misconduct in school settings. Washington D.C. U.S. Department of Education

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When signing a contract as an educator in the State of Texas, said person agrees to uphold the following Code of Ethics towards students (Tex. Admin. Code § 247.2).

Specifically, is Standard 3.6 which reads "The educator shall not solicit or engage in sexual conduct or a romantic relationship with a student or minor." As in relation to the legal guide, both the initial acts of seeking out a romantic or sexual relationship with a student, and the actual engagement of such relationship is a breach of this ethical standard. Thus, this represents an inappropriate student teacher relationship (Tex. Admin. Code § 247.2).

Furthermore, local administrative district policies, state statues, and penal codes serve as additional measures for educators to avoid such behaviors related to this ethical standard as a significant means to protect students in the state of Texas (Tex. Admin. Code § 247.2).

Code of Ethics and Standard Practices for Texas Educators, 19. Tex. Admin. Code § 247.2

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Enforceable Standards.
(1) Professional Ethical Conduct, Practices and Performance. (A) Standard 1.1. The educator shall not intentionally, knowingly, or recklessly engage in deceptive practices regarding official policies of the school district, educational institution, educator preparation program, the Texas Education Agency, or the State Board for Educator Certification (SBEC) and its certification process. (B) Standard 1.2. The educator shall not intentionally, knowingly, or recklessly misappropriate, divert, or use monies, personnel, property, or equipment committed to his or her charge for personal gain or advantage. (C) Standard 1.3. The educator shall not submit fraudulent requests for reimbursement, expenses, or pay. (D) Standard 1.4. The educator shall not use institutional or professional privileges for personal or partisan advantage. (E) Standard 1.5. The educator shall neither accept nor offer gratuities, gifts, or favors that impair professional judgment or that are used to obtain special advantage. This standard shall not restrict the acceptance of gifts or tokens offered and accepted openly from students, parents of students, or other persons or organizations in recognition or appreciation of service. (F) Standard 1.6. The educator shall not falsify records, or direct or coerce others to do so. (G) Standard 1.7. The educator shall comply with state regulations, written local school board policies, and other state and federal laws. (H) Standard 1.8. The educator shall apply for, accept, offer, or assign a position or a responsibility on the basis of professional qualifications. (I) Standard 1.9. The educator shall not make threats of violence against school district employees, school board members, students, or parents of students. (J) Standard 1.10. The educator shall be of good moral character and be worthy to instruct or supervise the youth of this state. (K) Standard 1.11. The educator shall not intentionally, knowingly, or recklessly misrepresent his or her employment history, criminal history, and/or disciplinary record when applying for subsequent employment. (L) Standard 1.12. The educator shall refrain from the illegal use, abuse, or distribution of controlled substances, prescription drugs, and toxic inhalants. (M) Standard 1.13. The educator shall not be under the influence of alcohol or consume alcoholic beverages on school property or during school activities when students are present. (2) Ethical Conduct Toward Professional Colleagues. (A) Standard 2.1. The educator shall not reveal confidential health or personnel information concerning colleagues unless disclosure serves lawful professional purposes or is required by law. (B) Standard 2.2. The educator shall not harm others by knowingly making false statements about a colleague or the school system. (C) Standard 2.3. The educator shall adhere to written local school board policies and state and federal laws regarding the hiring, evaluation, and dismissal of personnel. (D) Standard 2.4. The educator shall not interfere with a colleague's exercise of political, professional, or citizenship rights and responsibilities. (E) Standard 2.5. The educator shall not discriminate against or coerce a colleague on the basis of race, color, religion, national origin, age, gender, disability, family status, or sexual orientation. (F) Standard 2.6. The educator shall not use coercive means or promise of special treatment in order to influence professional decisions or colleagues. (G) Standard 2.7. The educator shall not retaliate against any individual who has filed a complaint with the SBEC or who provides information for a disciplinary investigation or proceeding under this chapter. (H) Standard 2.8. The educator shall not intentionally or knowingly subject a colleague to sexual harassment. (3) Ethical Conduct Toward Students. (A) Standard 3.1. The educator shall not reveal confidential information concerning students unless disclosure serves lawful professional purposes or is required by law. (B) Standard 3.2. The educator shall not intentionally, knowingly, or recklessly treat a student or minor in a manner that adversely affects or endangers the learning, physical health, mental health, or safety of the student or minor. (C) Standard 3.3. The educator shall not intentionally, knowingly, or recklessly misrepresent facts regarding a student. (D) Standard 3.4. The educator shall not exclude a student from participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of race, color, gender, disability, national origin, religion, family status, or sexual orientation. (E) Standard 3.5. The educator shall not intentionally, knowingly, or recklessly engage in physical mistreatment, neglect, or abuse of a student or minor. (F) Standard 3.6. The educator shall not solicit or engage in sexual conduct or a romantic relationship with a student or minor. (G) Standard 3.7. The educator shall not furnish alcohol or illegal/unauthorized drugs to any person under 21 years of age unless the educator is a parent or guardian of that child or knowingly allow any person under 21 years of age unless the educator is a parent or guardian of that child to consume alcohol or illegal/unauthorized drugs in the presence of the educator. (H) Standard 3.8. The educator shall maintain appropriate professional educator-student relationships and boundaries based on a reasonably prudent educator standard. (I) Standard 3.9. The educator shall refrain from inappropriate communication with a student or minor, including, but not limited to, electronic communication such as cell phone, text messaging, email, instant messaging, blogging, or other social network communication. Factors that may be considered in assessing whether the communication is inappropriate include, but are not limited to: (i) the nature, purpose, timing, and amount of the communication; (ii) the subject matter of the communication; (iii) whether the communication was made openly, or the educator attempted to conceal the communication; (iv) whether the communication could be reasonably interpreted as soliciting sexual contact or a romantic relationship; (v) whether the communication was sexually explicit; and (vi) whether the communication involved discussion(s) of the physical or sexual attractiveness or the sexual history, activities, preferences, or fantasies of either the educator or the student.

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For local law, please access San Angelo ISD's Employee Handbook on pages 44 to 49.

The local law presented here provides what could constitute an inappropriate relationship between and educator and student within district guidelines (San Angelo Employee Handbook, 2020).

These guidelines emphasize what is not an educational exchange, in which behaviors that reflect love, attraction or affection constitute grounds for investigation, combined with how and when such behaviors occurred and in what manner (San Angelo Employee Handbook, 2020).

The district also provides this information would be shared with parents and guardians of the student, and an overview of the investigation process and disciplinary actions that would follow (San Angelo Employee Handbook, 2020).

Notably, this local law was included to showcase the severity and transparency found for this type of misconduct towards students by an educator in the district. The local law acts as a well defined expression of what educators should strictly avoid doing in order to maintain a proper student teacher relationship.

San Angelo ISD (2020). Employee Handbook. Retrieved from https://www.saisd.org/departments/human-resources/employee-handbook

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Franklin v Gwinnett County Public Schools - Judicial Law

- Franklin was a 10th grade student who was involved in an inappropriate relationship with a teacher, in which she was abused in a physical and sexual manner (Franklin v Gwinnett Country Public Schools, 1992).
-The knowledge of this inappropriate relationship was found known by the school district and its personnel, yet, because the teacher was resigned, Franklin was left without any support (Franklin v Gwinnett Country Public Schools, 1992).
- At the Supreme Court level, it was found that Franklin was owed monetary obligations due to her right under the Equal Rights Act of 1964 was violated as action was not taken against her teacher during the time of the inappropriate relationship (Franklin v Gwinnett Country Public Schools, 1992).

-From this decision, school districts are mandated to uphold the rights of its students, to which action must be taken against their offender (Franklin v Gwinnett Country Public Schools, 1992).

Franklin v Gwinnett Country Public Schools,  503 U.S. 60 (1992).

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503 U.S. 60

112 S.Ct. 1028

117 L.Ed.2d 208

Christine FRANKLIN, Petitioner,
v.
GWINNETT COUNTY PUBLIC SCHOOLS and William Prescott.

No. 90-918.

Petitioner Franklin, a student in a high school operated by respondent school district, filed an action for damages in Federal District Court under Title IX of the Education Amendments of 1972, alleging, inter alia, that she had been subjected to continual sexual harassment and abuse by a teacher, Andrew Hill. After the complaint was filed, Hill resigned on the condition that all matters pending against him be dropped, and the school thereupon closed its investigation. The District Court subsequently dismissed the complaint on the ground that Title IX does not authorize an award of damages, and the Court of Appeals affirmed.

Held: A damages remedy is available for an action brought to enforce Title IX. Pp. 65-76.

(a) Title IX is enforceable through an implied right of action. Cannon v. University of Chicago, 441 U.S. 677, 99 S.Ct. 1946, 60 L.Ed.2d 560. P. 65.

(b) The longstanding general rule is that absent clear direction to the contrary by Congress, the federal courts have the power to award any appropriate relief in a cognizable cause of action brought pursuant to a federal statute. See, e.g., Bell v. Hood, 327 U.S. 678, 684, 66 S.Ct. 773, 777, 90 L.Ed. 939; Davis v. Passman, 442 U.S. 228, 246-247, 99 S.Ct. 2264, 2278, 60 L.Ed.2d 846. Pp. 65-68.

(c) This Court's adherence to the general rule has not eroded since Bell. See, e.g., J.I. Case Co. v. Borak, 377 U.S. 426, 433-435, 84 S.Ct. 1555, 1560-1561, 12 L.Ed.2d 423. In declaring that "the question of who may enforce a statutory right is fundamentally different from the question of who may enforce a [constitutionally protected] right," Davis, 442 U.S., at 241, 99 S.Ct., at 2275, was not limiting the traditional presumption in favor of all appropriate relief to actions claiming constitutional violations. Rather it was merely attempting to decide whether a litigant had a "cause of action," a question that is analytically distinct from, and prior to, the one at issue: what relief, if any a litigant is entitled to receive, see id., at 239, 99 S.Ct., at 2274. Nor did Guardians Assn. v. Civil Service Comm'n of New York City, 463 U.S. 582, 103 S.Ct. 3221, 77 L.Ed.2d 866, and Consolidated Rail Corp. v. Darrone, 465 U.S. 624, 104 S.Ct. 1248, 79 L.Ed.2d 568, erode the traditional presumption. In fact, those cases support it, since a clear majority in Guardians expressed the view that damages were available in an action seeking remedies for an intentional violation of a statute closely analogous to Title IX, while a unanimous Court in Darrone held that another such statute authorized the award of backpay. Pp. 68-71.

(d) Congress did not intend to limit the remedies available in a Title IX suit. Because the Cannon Court inferred a cause of action upon concluding that Title IX supported no express right of action, the silence of the pre- Cannon statutory text and legislative history on the issue of available remedies is neither surprising nor enlightening. Rather, the appropriate inquiry for the pre- Cannon period is the state of the law when Congress passed Title IX. Since, at that time, the traditional presumption in favor of all available remedies was firmly established, and this Court had recently found implied rights of action in six cases and approved a damages remedy in three of them, the lack of any legislative intent to abandon the traditional presumption is amply demonstrated. For the post- Cannon period, when Congress was legislating with full cognizance of that decision, analysis of the text and history of the two statutes enacted to amend Title IX-the Civil Rights Remedies Equalization Amendment of 1986 and the Civil Rights Restoration Act of 1987-establishes that Congress validated Cannon's holding and made no effort to alter the traditional presumption. Pp. 71-73.

(e) The argument that a damages award would unduly expand the federal courts' power into a sphere properly reserved to the Executive and Legislative Branches in violation of separation of powers principles misconceives the difference between a cause of action and a remedy. Unlike the finding of a cause of action, which authorizes a court to hear a case or controversy, the discretion to award appropriate relief involves no such increase in judicial power and, in fact, historically has been thought necessary to provide an important safeguard against legislative and executive abuses and to insure an independent judiciary. Moreover, selective adjudication of the sort advocated here would harm separation of powers by giving judges the power to render inutile causes of action authorized by Congress through a decision that no remedy is available. Pp. 73-74.

(f) Also rejected is the contention that the normal presumption in favor of all appropriate remedies should not apply because Title IX was enacted pursuant to Congress' Spending Clause power. The Court's observation in Pennhurst State School and Hospital v. Halderman, 451 U.S. 1, 28-29, 101 S.Ct. 1531, 1545-46, 67 L.Ed.2d 694, that remedies are limited under Spending Clause statutes when the alleged violation is unintentional is based on the theory that an entity receiving federal funds lacks notice that it will be liable for damages for such a violation, see id., at 17, 101 S.Ct., at 1539. This notice problem does not arise in a case such as the present, where intentional discrimination is alleged and is proscribed by the statute in question. Moreover, the notion that Spending Clause statutes do not authorize monetary awards for intentional violations is belied by the unanimous holding in Darrone, supra, 465 U.S., at 628, 104 S.Ct., at 1251. Pp. 74-75[[SC2Q!]] (g) The assertion that Title IX remedies should nevertheless be limited to backpay and prospective relief diverges from this Court's traditional approach to deciding what remedies are available for violation of a federal right. Both suggested remedies are equitable in nature, and it is axiomatic that a court should determine the adequacy of damages at law before resorting to equitable relief. Moreover, both suggested remedies are clearly inadequate in that they would provide Franklin no relief: backpay because she was a student when the alleged discrimination occurred, and prospective relief because she no longer attends school in respondent system and Hill no longer teaches there. Pp. 1037-1038.

911 F.2d 617 (CA11 1985), reversed and remanded.

WHITE, J., delivered the opinion of the Court, in which BLACKMUN, STEVENS, O'CONNOR, KENNEDY, and SOUTER, JJ., joined. SCALIA, J., filed an opinion concurring in the judgment, in which REHNQUIST, C.J., and THOMAS, J., joined.

Joel I. Klein, Washington, D.C., for petitioner.

Albert M. Pearson, III, Athens, Ga., for respondents.

Stephen L. Nightingale, Washington, D.C., for respondents as amicus curiae.

Justice WHITE delivered the opinion of the Court.

This case presents the question whether the implied right of action under Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681- 1688 (Title IX), 1 which this Court recognized in Cannon v. University of Chicago, 441 U.S. 677, 99 S.Ct. 1946, 60 L.Ed.2d 560 (1979), supports a claim for monetary damages.

* Petitioner Christine Franklin was a student at North Gwinnett High School in Gwinnett County, Georgia, between September 1985 and August 1989. Respondent Gwinnett County School District operates the high school and receives federal funds. According to the complaint filed on December 29, 1988 in the United States District Court for the Northern District of Georgia, Franklin was subjected to continual sexual harassment beginning in the autumn of her tenth grade year (1986) from Andrew Hill, a sports coach and teacher employed by the district. Among other allegations, Franklin avers that Hill engaged her in sexually-oriented conversations in which he asked about her sexual experiences with her boyfriend and whether she would consider having sexual intercourse with an older man, Complaint ¶ 10; First Amended Complaint, Exh. A, p. 3; 2 that Hill forcibly kissed her on the mouth in the school parking lot, Complaint ¶ 17; that he telephoned her at her home and asked if she would meet him socially, Complaint ¶ 21; First Amended Complaint, Exh. A, pp. 4-5; and that, on three occasions in her junior year, Hill interrupted a class, requested that the teacher excuse Franklin, and took her to a private office where he subjected her to coercive intercourse. Complaint &Par; 25, 27, 32. The complaint further alleges that though they became aware of and investigated Hill's sexual harassment of Franklin and other female students, teachers and administrators took no action to halt it and discouraged Franklin from pressing charges against Hill. Complaint &Par; 23, 24, 35. On April 14, 1988, Hill resigned on the condition that all matters pending against him be dropped. Complaint &Par; 36, 37. The school thereupon closed its investigation. Complaint ¶ 37.

In this action, 3 the District Court dismissed the complaint on the ground that Title IX does not authorize an award of damages. The Court of Appeals affirmed. Franklin v. Gwinnett Cty. Public Schools, 911 F.2d 617 (CA11 1990). The court noted that analysis of Title IX and Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq. (Title VI), has developed along similar lines. Citing as binding precedent Drayden v. Needville Independent School Dist., 642 F.2d 129 (CA5 1981), a decision rendered prior to the division of the Fifth Circuit, the court concluded that Title VI did not support a claim for monetary damages. The court then analyzed this Court's decision in Guardians Assn. v. Civil Service Comm'n of New York City, 463 U.S. 582, 103 S.Ct. 3221, 77 L.Ed.2d 866 (1983), to determine whether it implicitly overruled Drayden. The court stated that the absence of a majority opinion left unresolved the question whether a court could award such relief upon a showing of intentional discrimination. As a second basis for its holding that monetary damages were unavailable, the court reasoned that Title IX was enacted under Congress' Spending Clause powers and that "[u]nder such statutes, relief may frequently be limited to that which is equitable in nature, with the recipient of federal funds thus retaining the option of terminating such receipt in order to rid itself of an injunction." Franklin, 911 F.2d, at 621. 4 The court closed by observing it would "proceed with extreme care" to afford compensatory relief absent express provision by Congress or clear direction from this Court. Id., at 622. Accordingly, it held that an action for monetary damages could not be sustained for an alleged intentional violation of Title IX, and affirmed the District Court's ruling to that effect. Ibid. 5

Because this opinion conflicts with a decision of the Court of Appeals for the Third Circuit, see Pfeiffer v. Marion Center Area School Dist., 917 F.2d 779, 787-789 (1990), we granted certiorari, 501 U.S. ----, 111 S.Ct. 2795, 115 L.Ed.2d 969 (1991). We reverse.

II

In Cannon v. University of Chicago, 441 U.S. 677, 99 S.Ct. 1946, 60 L.Ed.2d 560 (1979), the Court held that Title IX is enforceable through an implied right of action. We have no occasion here to reconsider that decision. Rather, in this case we must decide what remedies are available in a suit brought pursuant to this implied right. As we have often stated, the question of what remedies are available under a statute that provides a private right of action is "analytically distinct" from the issue of whether such a right exists in the first place. Davis v. Passman, 442 U.S. 228, 239, 99 S.Ct. 2264, 2274, 60 L.Ed.2d 846 (1979). Thus, although we examine the text and history of a statute to determine whether Congress intended to create a right of action, Touche Ross & Co. v. Redington, 442 U.S. 560, 575-576, 99 S.Ct. 2479, 2489, 61 L.Ed.2d 82 (1979), we presume the availability of all appropriate remedies unless Congress has expressly indicated otherwise. Davis, supra, 442 U.S., at 246- 247, 99 S.Ct., at 2277-2278. This principle has deep roots in our jurisprudence.

A.

"[W]here legal rights have been invaded, and a federal statute provides for a general right to sue for such invasion, federal courts may use any available remedy to make good the wrong done." Bell v. Hood, 327 U.S. 678, 684, 66 S.Ct. 773, 777, 90 L.Ed. 939 (1946). The Court explained this longstanding rule as jurisdictional, and upheld the exercise of the federal courts' power to award appropriate relief so long as a cause of action existed under the Constitution or laws of the United States. Ibid.

The Bell Court's reliance on this rule was hardly revolutionary. From the earliest years of the Republic, the Court has recognized the power of the judiciary to award appropriate remedies to redress injuries actionable in federal court, although it did not always distinguish clearly between a right to bring suit and a remedy available under such a right. In Marbury v. Madison, 5 U.S. (1 Cranch) 137, 163, 2 L.Ed. 60 (1803), for example, Chief Justice Marshall observed that our government "has been emphatically termed a government of laws, and not of men. It will certainly cease to deserve this high appellation, if the laws furnish no remedy for the violation of a vested legal right." This principle originated in the English common law, and Blackstone described "it is a general and indisputable rule, that where there is a legal right, there is also a legal remedy, by suit or action at law, whenever that right is invaded." 3 W. Blackstone, Commentaries 23 (1783). See also Ashby v. White, 1 Salk. 19, 21, 87 Eng. Rep. 808, 816 (Q.B.1702) ("If a statute gives a right, the common law will give a remedy to maintain that right . . .").

In Kendall v. United States, 37 U.S. (12 Pet.) 524, 9 L.Ed. 1181 (1838), the Court applied these principles to an act of Congress that accorded a right of action in mail carriers to sue for adjustment and settlement of certain claims for extra services but which did not specify the precise remedy available to the carriers. After surveying possible remedies, which included an action against the postmaster general for monetary damages, the Court held that the carriers were entitled to a writ of mandamus compelling payment under the terms of the statute. "It cannot be denied but that congress had the power to command that act to be done," the Court stated; "and the power to enforce the performance of the act must rest somewhere, or it will present a case which has often been said to involve a monstrous absurdity in a well organized government, that there should be no remedy, although a clear and undeniable right should be shown to exist. And if the remedy cannot be applied by the circuit court of this district, it exists nowhere." Id., at 624. Dooley v. United States, 182 U.S. 222, 229, 21 S.Ct. 762, 764, 45 L.Ed. 1074 (1901), also restated "the principle that a liability created by statute without a remedy may be enforced by a common-law action."

The Court relied upon this traditional presumption again after passage of the Federal Safety Appliance Act of 1893, ch. 196, 27 Stat. 531. In Texas & Pacific R. Co. v. Rigsby, 241 U.S. 33, 36 S.Ct. 482, 60 L.Ed. 874 (1916), the Court first had to determine whether the Act supported an implied right of action. After answering that question in the affirmative, the Court then upheld a claim for monetary damages: "A disregard of the command of the statute is a wrongful act, and where it results in damage to one of the class for whose especial benefit the statute was enacted, the right to recover the damages from the party in default is implied, according to a doctrine of the common law. . . ." Id., at 39, 36 S.Ct., at 484. The foundation upon which the Bell v. Hood Court articulated this traditional presumption, therefore, was well settled. See also Texas & New Orleans R. Co. v. Railway & Steamship Clerks, 281 U.S. 548, 569, 50 S.Ct. 427, 433, 74 L.Ed. 1034 (1930).

B

Respondents and the United States as amicus curiae, however, maintain that whatever the traditional presumption may have been when the Court decided Bell v. Hood, it has disappeared in succeeding decades. We do not agree. In J.I. Case Co. v. Borak, 377 U.S. 426, 84 S.Ct. 1555, 12 L.Ed.2d 423 (1964), the Court adhered to the general rule that all appropriate relief is available in an action brought to vindicate a federal right when Congress has given no indication of its purpose with respect to remedies. Relying on Bell v. Hood, the Borak Court specifically rejected an argument that a court's remedial power to redress violations of the Securities Exchange Act of 1934 was limited to a declaratory judgment. 377 U.S., at 433- 434, 84 S.Ct., at 1560. The Court concluded that the federal courts "have the power to grant all necessary remedial relief" for violations of the Act. Id., at 435, 84 S.Ct., at 1561. As Justice Clark's opinion for the Court observed, this holding closely followed the reasoning of a similar case brought under the Securities Act of 1933, in which the Court had stated:

" 'The power to enforce implies the power to make effective the right of recovery afforded by the Act. And the power to make the right of recovery effective implies the power to utilize any of the procedures or actions normally available to the litigant according to the exigencies of the particular case.' " Id., at 433-434, 84 S.Ct., at 1560 (quoting Deckert v. Independence Shares Corp., 311 U.S. 282, 288, 61 S.Ct. 229, 233, 85 L.Ed. 189 (1940)).

That a statute does not authorize the remedy at issue "in so many words is no more significant than the fact that it does not in terms authorize execution to issue on a judgment." Id., at 288, 61 S.Ct., at 233. Subsequent cases have been true to this position. See, e.g., Sullivan v. Little Hunting Park, Inc., 396 U.S. 229, 239, 90 S.Ct. 400, 405, 24 L.Ed.2d 386 (1969), stating that the "existence of a statutory right implies the existence of all necessary and appropriate remedies"; Carey v. Piphus, 435 U.S. 247, 255, 98 S.Ct. 1042, 1048, 55 L.Ed.2d 252 (1978), upholding damages remedy under 42 U.S.C. § 1983 even though the enacting Congress had not specifically provided such relief.

The United States contends that the traditional presumption in favor of all appropriate relief was abandoned by the Court in Davis v. Passman, 442 U.S. 228, 99 S.Ct. 2264, 60 L.Ed.2d 846 (1979), and that the Bell v. Hood rule was limited to actions claiming constitutional violations. The United States quotes language in Davis to the effect that "the question of who may enforce a statutory right is fundamentally different from the question of who may enforce a right that is protected by the Constitution." Davis, 442 U.S., at 241, 99 S.Ct., at 2275. The Government's position, however, mirrors the very misunderstanding over the difference between a cause of action and the relief afforded under it that sparked the confusion we attempted to clarify in Davis. Whether Congress may limit the class of persons who have a right of action under Title IX is irrelevant to the issue in this lawsuit. To reiterate, "the question whether a litigant has a 'cause of action' is analytically distinct and prior to the question of what relief, if any, a litigant may be entitled to receive." Id., at 239, 99 S.Ct., at 2274. Davis, therefore, did nothing to interrupt the long line of cases in which the Court has held that if a right of action exists to enforce a federal right and Congress is silent on the question of remedies, a federal court may order any appropriate relief. See id., at 247, n. 26, 99 S.Ct., at 2278, n. 26 (contrasting Brown v. General Services Administration, 425 U.S. 820, 96 S.Ct. 1961, 48 L.Ed.2d 402 (1976)). 6

Contrary to arguments by respondents and the United States that Guardians Assn. v. Civil Service Comm'n of New York City, 463 U.S. 582, 103 S.Ct. 3221, 77 L.Ed.2d 866 (1983), and Consolidated Rail Corp. v. Darrone, 465 U.S. 624, 104 S.Ct. 1248, 79 L.Ed.2d 568 (1984), eroded this traditional presumption, those cases in fact support it. Though the multiple opinions in Guardians suggest the difficulty of inferring the common ground among the Justices in that case, a clear majority expressed the view that damages were available under Title VI in an action seeking remedies for an intentional violation, and no Justice challenged the traditional presumption in favor of a federal court's power to award appropriate relief in a cognizable cause of action. See Guardians, 463 U.S., at 595, 103 S.Ct., at 3229 (WHITE, J., joined by REHNQUIST, J.); id., at 607-611, 103 S.Ct., at 3235-3237 (Powell, J., concurring in judgment, joined by Burger, C.J.); id., at 612, and n. 1, 103 S.Ct., at 3237, and n. 1 (O'CONNOR, J., concurring in judgment); id., at 624-628, 103 S.Ct., at 3244-3246 (Marshall, J., dissenting); id., at 636, 103 S.Ct., at 3250 (STEVENS, J., dissenting, joined by Brennan and BLACKMUN, JJ.). The correctness of this inference was made clear the following Term when the Court unanimously held that the 1978 amendment to § 504 of the Rehabilitation Act of 1973-which had expressly incorporated the "remedies, procedures, and rights set forth in title VI" ( 29 U.S.C. § 794a(a)(2))-authorizes an award of backpay. In Darrone, the Court observed that a majority in Guardians had "agreed that retroactive relief is available to private plaintiffs for all discrimination . . . that is actionable under Title VI." 465 U.S., at 630, n. 9, 104 S.Ct., at 1252 n. 9. The general rule, therefore, is that absent clear direction to the contrary by Congress, the federal courts have the power to award any appropriate relief in a cognizable cause of action brought pursuant to a federal statute.

III

We now address whether Congress intended to limit application of this general principle in the enforcement of Title IX. See Bush v. Lucas, 462 U.S. 367, 378, 103 S.Ct. 2404, 2411-2412, 76 L.Ed.2d 648 (1983); Wyandotte Transp. Co. v. United States, 389 U.S. 191, 200, 88 S.Ct. 379, 385, 19 L.Ed.2d 407 (1967). Because the cause of action was inferred by the Court in Cannon, the usual recourse to statutory text and legislative history in the period prior to that decision necessarily will not enlighten our analysis. Respondents and the United States fundamentally misunderstand the nature of the inquiry, therefore, by needlessly dedicating large portions of their briefs to discussions of how the text and legislative intent behind Title IX are "silent" on the issue of available remedies. Since the Court in Cannon concluded that this statute supported no express right of action, it is hardly surprising that Congress also said nothing about the applicable remedies for an implied right of action.

During the period prior to the decision in Cannon, the inquiry in any event is not " 'basically a matter of statutory construction,' " as the United States asserts. Brief for United States as Amicus Curiae 8 (quoting Transamerica Mortgage Advisors, Inc. v. Lewis, 444 U.S. 11, 15, 100 S.Ct. 242, 245, 62 L.Ed.2d 146 (1979)). Rather, in determining Congress's intent to limit application of the traditional presumption in favor of all appropriate relief, we evaluate the state of the law when the legislature passed Title IX. Cf. Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Curran, 456 U.S. 353, 378, 102 S.Ct. 1825, 1839, 72 L.Ed.2d 182 (1982). In the years before and after Congress enacted this statute, the Court "follow[ed] a common-law tradition [and] regarded the denial of a remedy as the exception rather than the rule." Id., at 375, 102 S.Ct., at 1837 (footnote omitted). As we outlined in Part II, this has been the prevailing presumption in our federal courts since at least the early nineteenth century. In Cannon, the majority upheld an implied right of action in part because in the decade immediately preceding enactment of Title IX in 1972, this Court had found implied rights of action in six cases. 7 In three of those cases, the Court had approved a damages remedy. See, e.g., J.I. Case Co., 377 U.S., at 433, 84 S.Ct., at 1560, Wyandotte Transp. Co., supra, 389 U.S., at 207, 88 S.Ct., at 389; Sullivan v. Little Hunting Park, Inc., 396 U.S. 229, 90 S.Ct. 400, 24 L.Ed.2d 386 (1969). Wholly apart from the wisdom of the Cannon holding, therefore, the same contextual approach used to justify an implied right of action more than amply demonstrates the lack of any legislative intent to abandon the traditional presumption in favor of all available remedies.

In the years after the announcement of Cannon, on the other hand, a more traditional method of statutory analysis is possible, because Congress was legislating with full cognizance of that decision. Our reading of the two amendments to Title IX enacted after Cannon leads us to conclude that Congress did not intend to limit the remedies available in a suit brought under Title IX. In the Civil Rights Remedies Equalization Amendment of 1986, 42 U.S.C. § 2000d-7, Congress abrogated the States' Eleventh Amendment immunity under Title IX, Title VI, § 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975. This statute cannot be read except as a validation of Cannon § holding. A subsection of the 1986 law provides that in a suit against a State, "remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in the suit against any public or private entity other than a State." 42 U.S.C. § 2000d-7(a)(2). While it is true that this savings clause says nothing about the nature of those other available remedies, cf. Milwaukee v. Illinois, 451 U.S. 304, 329, n. 22, 101 S.Ct. 1784, 1798-1799 n. 22, 68 L.Ed.2d 114 (1981), absent any contrary indication in the text or history of the statute, we presume Congress enacted this statute with the prevailing traditional rule in mind.

In addition to the Civil Rights Remedies Equalization Amendment of 1986, Congress also enacted the Civil Rights Restoration Act of 1987, Pub.L. 100-259, 102 Stat. 28 (1988). Without in any way altering the existing rights of action and the corresponding remedies permissible under Title IX, Title VI, § 504 of the Rehabilitation Act, and the Age Discrimination Act, Congress broadened the coverage of these antidiscrimination provisions in this legislation. In seeking to correct what it considered to be an unacceptable decision on our part in Grove City College v. Bell, 465 U.S. 555, 104 S.Ct. 1211, 79 L.Ed.2d 516 (1984), Congress made no effort to restrict the right of action recognized in Cannon and ratified in the 1986 Act or to alter the traditional presumption in favor of any appropriate relief for violation of a federal right. We cannot say, therefore, that Congress has limited the remedies available to a complainant in a suit brought under Title IX.

IV

Respondents and the United States nevertheless suggest three reasons why we should not apply the traditional presumption in favor of appropriate relief in this case.

A.

First, respondents argue that an award of damages violates separation of powers principles because it unduly expands the federal courts' power into a sphere properly reserved to the Executive and Legislative Branches. Brief for Respondents 22-25. In making this argument, respondents misconceive the difference between a cause of action and a remedy. Unlike the finding of a cause of action, which authorizes a court to hear a case or controversy, the discretion to award appropriate relief involves no such increase in judicial power. See generally Note, Federal Jurisdiction in Suits for Damages Under Statutes Not Affording Such Remedy, 48 Colum.L.Rev. 1090, 1094-1095 (1948). Federal courts cannot reach out to award remedies when the Constitution or laws of the United States do not support a cause of action. Indeed, properly understood, respondents' position invites us to abdicate our historic judicial authority to award appropriate relief in cases brought in our court system. It is well to recall that such authority historically has been thought necessary to provide an important safeguard against abuses of legislative and executive power, see Kendall v. United States, 37 U.S. (12 Pet.) 524, 9 L.Ed. 1181 (1838), as well as to insure an independent judiciary. See generally Katz, The Jurisprudence of Remedies: Constitutional Legality and the Law of Torts in Bell v. Hood, 117 U.Pa.L.Rev. 1, 16-17 (1968). Moreover, selective abdication of the sort advocated here would harm separation of powers principles in another way, by giving judges the power to render inutile causes of action authorized by Congress through a decision that no remedy is available.

B

Next, consistent with the Court of Appeals's reasoning, respondents and the United States contend that the normal presumption in favor of all appropriate remedies should not apply because Title IX was enacted pursuant to Congress's Spending Clause power. In Pennhurst State School and Hospital v. Halderman, 451 U.S. 1, 28-29, 101 S.Ct. 1531, 1545-1546, 67 L.Ed.2d 694 (1981), the Court observed that remedies were limited under such Spending Clause statutes when the alleged violation was unintentional. Respondents and the United States maintain that this presumption should apply equally to intentional violations. We disagree. The point of not permitting monetary damages for an unintentional violation is that the receiving entity of federal funds lacks notice that it will be liable for a monetary award. See id. at 17, 101 S.Ct., at 1540. This notice problem does not arise in a case such as this, in which intentional discrimination is alleged. Unquestionably, Title IX placed on the Gwinnett County Schools the duty not to discriminate on the basis of sex, and "when a supervisor sexually harasses a subordinate because of the subordinate's sex, that supervisor 'discriminate[s]' on the basis of sex." Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57, 64, 106 S.Ct. 2399, 2404, 91 L.Ed.2d 49 (1986). We believe the same rule should apply when a teacher sexually harasses and abuses a student. Congress surely did not intend for federal monies to be expended to support the intentional actions it sought by statute to proscribe. Moreover, the notion that Spending Clause statutes do not authorize monetary awards for intentional violations is belied by our unanimous holding in Darrone. See 465 U.S., at 628, 104 S.Ct., at 1251. Respondents and the United States characterize the backpay remedy in Darrone as equitable relief, but this description is irrelevant to their underlying objection: that application of the traditional rule in this case will require state entities to pay monetary awards out of their treasuries for intentional violations of federal statutes. 8

C

Finally, the United States asserts that the remedies permissible under Title IX should nevertheless be limited to backpay and prospective relief. In addition to diverging from our traditional approach to deciding what remedies are available for violation of a federal right, this position conflicts with sound logic. First, both remedies are equitable in nature, and it is axiomatic that a court should determine the adequacy of a remedy in law before resorting to equitable relief. Under the ordinary convention, the proper inquiry would be whether monetary damages provided an adequate remedy, and if not, whether equitable relief would be appropriate. Whitehead v. Shattuck, 138 U.S. 146, 150, 11 S.Ct. 276, 276, 34 L.Ed. 873 (1891). See generally C. McCormick, Law of Damages 1 (1935). Moreover, in this case the equitable remedies suggested by respondent and the Federal Government are clearly inadequate. Backpay does nothing for petitioner, because she was a student when the alleged discrimination occurred. Similarly, because Hill the person she claims subjected her to sexual harassment-no longer teaches at the school and she herself no longer attends a school in the Gwinnett system, prospective relief accords her no remedy at all. The government's answer that administrative action helps other similarly-situated students in effect acknowledges that its approach would leave petitioner remediless.

V

In sum, we conclude that a damages remedy is available for an action brought to enforce Title IX. The judgment of the Court of Appeals, therefore, is reversed and the case is remanded for further proceedings consistent with this opinion.

Justice SCALIA, with whom THE CHIEF JUSTICE and Justice THOMAS join, concurring in the judgment.

The substantive right at issue here is one that Congress did not expressly create, but that this Court found to be "implied." See Cannon v. University of Chicago, 441 U.S. 677, 99 S.Ct. 1946, 60 L.Ed.2d 560 (1979). Quite obviously, the search for what was Congress's remedial intent as to a right whose very existence Congress did not expressly acknowledge is unlikely to succeed, see ante, at 71; it is "hardly surprising," as the Court says, ibid., that the usual sources yield no explicit answer.

The Court finds an implicit answer, however, in the legislators' presumptive awareness of our practice of using "any available remedy" to redress violations of legal rights. Bell v. Hood, 327 U.S. 678, 684, 66 S.Ct. 773, 777, 90 L.Ed. 939 (1946); see ante, at 72-73. This strikes me as question-begging. We can plausibly assume acquiescence in our Bell v. Hood presumption when the legislature says nothing about remedy in expressly creating a private right of action; perhaps even when it says nothing about remedy in creating a private right of action by clear textual implication; but not, I think, when it says nothing about remedy in a statute in which the courts divine a private right of action on the basis of "contextual" evidence such as that in Cannon, which charged Congress with knowledge of a court of appeals' creation of a cause of action under a similarly worded statute. See Cannon, supra, 441 U.S., at 696- 698, 99 S.Ct., at 1957-58. Whatever one thinks of the validity of the last approach, it surely rests on attributed rather than actual congressional knowledge. It does not demonstrate an explicit legislative decision to create a cause of action, and so could not be expected to be accompanied by a legislative decision to alter the application of Bell v. Hood. Given the nature of Cannon and some of our earlier "implied right of action" cases, what the Court's analytical construct comes down to is this: Unless Congress expressly legislates a more limited remedial policy with respect to rights of action it does not know it is creating, it intends the full gamut of remedies to be applied.

In my view, when rights of action are judicially "implied," categorical limitations upon their remedial scope may be judicially implied as well. Cf. Cort v. Ash, 422 U.S. 66, 84-85, 95 S.Ct. 2080, 2091, 45 L.Ed.2d 26. Although we have abandoned the expansive rights-creating approach exemplified by Cannon, see Touche Ross & Co. v. Redington, 442 U.S. 560, 575-576, 99 S.Ct. 2479, 2489, 61 L.Ed.2d 82 (1979); Transamerica Mortgage Advisors, Inc. v. Lewis, 444 U.S. 11, 18, 23-24, 100 S.Ct. 242, 249, 62 L.Ed.2d 146 (1979)-and perhaps ought to abandon the notion of implied causes of action entirely, see Thompson v. Thompson, 484 U.S. 174, 191, 108 S.Ct. 513, 522, 98 L.Ed.2d 512 (1988) (SCALIA, J., concurring in judgment)-causes of action that came into existence under the ancien regime should be limited by the same logic that gave them birth. To require, with respect to a right that is not consciously and intentionally created, that any limitation of remedies must be express, is to provide, in effect, that the most questionable of private rights will also be the most expansively remediable. As the United States puts it, "[w]hatever the merits of 'implying' rights of action may be, there is no justification for treating [congressional] silence as the equivalent of the broadest imaginable grant of remedial authority." Brief for United States as Amicus Curiae 12-13.

I nonetheless agree with the Court's disposition of this case. Because of legislation enacted subsequent to Cannon, it is too late in the day to address whether a judicially implied exclusion of damages under Title IX would be appropriate. The Civil Rights Remedies Equalization Amendment of 1986, 42 U.S.C. § 2000d-7(a)(2), must be read, in my view, not only "as a validation of Cannon's holding," ante, at 11, but also as an implicit acknowledgment that damages are available. See 42 U.S.C. § 2000d-7(a)(1) (withdrawing the States' Eleventh Amendment immunity); § 2000d-7(a)(2) (providing that, in suits against States, "remedies (including remedies both at law and in equity) are available for [violations of Title IX] to the same extent as such remedies are available for such a violation in the suit against any public or private entity other than a State"). I therefore concur in the judgment.

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Christine FRANKLIN, Petitioner, v. GWINNETT COUNTY PUBLIC SCHOOLS and William Prescott.

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503 U.S. 60 112 S.Ct. 1028 117 L.Ed.2d 208 Christine FRANKLIN, Petitioner,v.GWINNETT COUNTY PUBLIC SCHOOLS and William Prescott. No. 90-918. Petitioner Franklin, a student in a high school operated by respondent school district, filed an action for damages in Federal District Court under Title IX of the Education Amendments of 1972, alleging, inter alia, that she had been subjected to continual sexual harassment and abuse by a teacher, Andrew Hill.

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Disciplinary Action by the State Board for Educator Certification - Texas Administrative Law

-Allows the State Board of Educator Certification to apply disciplinary action against a Texas educator (Tex. Admin. Code § 249.5).
-For the purposes of inappropriate student teacher relationship this qualifies as an ethical violation, as well as a breach of duty of providing a proper student teacher relationship (Tex. Admin. Code § 249.5).
-Under the violation of committing abuse, sexual interaction or a relationship behavior with a minor or student in a Texas public or private school setting, the SBEC has the right to revoke the educators teaching certification or suspend it indefinitely (Tex. Admin. Code § 249.5).

Disciplinary Action by the State Board for Educator Certification, 19. Tex. Admin. Code § 249.5

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(a) Pursuant to this chapter, the State Board for Educator Certification (SBEC) may take any of the following actions: (1) place restrictions on the issuance, renewal, or holding of a certificate, either indefinitely or for a set term; (2) issue an inscribed or non-inscribed reprimand; (3) suspend a certificate for a set term or issue a probated suspension for a set term; (4) revoke or cancel, which includes accepting the surrender of, a certificate without opportunity for reapplication for a set term or permanently; (5) impose any additional conditions or restrictions upon a certificate that the SBEC deems necessary to facilitate the rehabilitation and professional development of the educator or to protect students, parents of students, school personnel, or school officials; or (6) impose an administrative penalty of $500-$10,000 on a superintendent or director who fails to file timely a report required under §249.14(d) of this title (relating to Complaint, Required Reporting, and Investigation; Investigative Notice; Filing of Petition) or on a principal who fails to timely notify a superintendent or director as required under §249.14(e) of this title under the circumstances and in the manner required by the Texas Education Code (TEC), §21.006. (b) The SBEC may take any of the actions listed in subsection (a) of this section based on satisfactory evidence that: (1) the person has conducted school or education activities in violation of law; (2) the person is unworthy to instruct or to supervise the youth of this state; (3) the person has violated a provision of the Educators' Code of Ethics; (4) the person has failed to report or has hindered the reporting of child abuse pursuant to the Texas Family Code, §261.001, or has failed to notify the SBEC, the commissioner of education, or the school superintendent or director under the circumstances and in the manner required by the TEC, §21.006, §21.0062, §22.093, and §249.14(d)-(f) of this title; (5) the person has abandoned a contract in violation of the TEC, §§21.105(c), 21.160(c), or 21.210(c); (6) the person has failed to cooperate with the Texas Education Agency (TEA) in an investigation; (7) the person has failed to provide information required to be provided by §229.3 of this title (relating to Required Submissions of Information, Surveys, and Other Data); (8) the person has violated the security or integrity of any assessment required by the TEC, Chapter 39, Subchapter B, as described in subsection (g) of this section or has committed an act that is a departure from the test administration procedures established by the commissioner of education in Chapter 101 of this title (relating to Assessment); (9) the person has committed an act described in §249.14(k)(1) of this title, which constitutes sanctionable Priority 1 conduct, as follows: (A) any conduct constituting a felony criminal offense; (B) indecent exposure; (C) public lewdness; (D) child abuse and/or neglect; (E) possession of a weapon on school property; (F) drug offenses occurring on school property; (G) sale to or making alcohol or other drugs available to a student or minor; (H) sale, distribution, or display of harmful material to a student or minor; (I) certificate fraud; (J) state assessment testing violations; (K) deadly conduct; or (L) conduct that involves inappropriate communication with a student as described in §247.2(3)(I) of this title (relating to Code of Ethics and Standard Practices for Texas Educators), inappropriate professional educator-student relationships and boundaries as described in §247.2(3)(H) of this title, or otherwise soliciting or engaging in sexual conduct or a romantic relationship with a student or minor; (10) the person has committed an act that would constitute an offense (without regard to whether there has been a criminal conviction) that is considered to relate directly to the duties and responsibilities of the education profession, as described in §249.16(c) of this title (relating to Eligibility of Persons with Criminal History for a Certificate under Texas Occupations Code, Chapter 53, and Texas Education Code, Chapter 21). Such offenses indicate a threat to the health, safety, or welfare of a student or minor, parent of a student, fellow employee, or professional colleague; interfere with the orderly, efficient, or safe operation of a school district, campus, or activity; or indicate impaired ability or misrepresentation of qualifications to perform the functions of an educator and include, but are not limited to: (A) offenses involving moral turpitude; (B) offenses involving any form of sexual or physical abuse or neglect of a student or minor or other illegal conduct with a student or minor; (C) offenses involving any felony possession or conspiracy to possess, or any misdemeanor or felony transfer, sale, distribution, or conspiracy to transfer, sell, or distribute any controlled substance defined in the Texas Health and Safety Code, Chapter 481; (D) offenses involving school property or funds; (E) offenses involving 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; (F) offenses occurring wholly or in part on school property or at a school-sponsored activity; or (G) felony offenses involving driving while intoxicated (DWI); (11) the person has intentionally failed to comply with the reporting, notification, and confidentiality requirements specified in the Texas Code of Criminal Procedure, §15.27(a), relating to student arrests, detentions, and juvenile referrals for certain offenses; (12) the person has failed to discharge an employee or to refuse to hire an applicant when the employee or applicant was employed in a public school and on the registry of persons who are not eligible to be employed under TEC, §22.092, when the person knew that the employee or applicant had been adjudicated for or convicted of having an inappropriate relationship with a minor in accordance with the TEC, §21.009(e), or when the person knew or should have known through a criminal history record information review that the employee or applicant had been placed on community supervision or convicted of an offense in accordance with the TEC, §22.085; (13) the person assisted another educator, school employee, contractor, or agent in obtaining a new job as an educator or in a school, apart from the routine transmission of administrative and personnel files, when the educator knew or had probable cause to believe that such person engaged in an inappropriate relationship with a minor or student; (14) the person is a superintendent of a school district or the chief operating officer of an open-enrollment charter school who falsely or inaccurately certified to the commissioner of education that the district or charter school had complied with the TEC, §22.085; or (15) the person has failed to comply with an order or decision of the SBEC. (c) The TEA staff may commence a contested case to take any of the actions listed in subsection (a) of this section by serving a petition to the certificate holder in accordance with this chapter describing the SBEC's intent to issue a sanction and specifying the legal and factual reasons for the sanction. The certificate holder shall have 30 calendar days to file an answer as provided in §249.27 of this title (relating to Answer). (d) Upon the failure of the certificate holder to file a written answer as required by this chapter, the TEA staff may file a request for the issuance of a default judgment from the SBEC imposing the proposed sanction in accordance with §249.35 of this title (relating to Disposition Prior to Hearing; Default). (e) If the certificate holder files a timely answer as provided in this section, the case will be referred to the State Office of Administrative Hearings (SOAH) for hearing in accordance with the SOAH rules; the Texas Government Code, Chapter 2001; and this chapter. (f) The provisions of this section are not exclusive and do not preclude consideration of other grounds or measures available by law to the SBEC or the TEA staff, including child support arrears. The SBEC may request the Office of the Attorney General to pursue available civil, equitable, or other legal remedies to enforce an order or decision of the SBEC under this chapter. (g) The statewide assessment program as defined by the TEC, Chapter 39, Subchapter B, is a secure testing program. (1) Procedures for maintaining security shall be specified in the appropriate test administration materials. (2) Secure test materials must be accounted for before, during, and after each test administration. Only authorized personnel may have access to secure test materials. (3) The contents of each test booklet and answer document are confidential in accordance with the Texas Government Code, Chapter 551, and the Family Educational Rights and Privacy Act of 1974. Individual student performance results are confidential as specified under the TEC, §39.030(b). (4) Violation of security or confidential integrity of any test required by the TEC, Chapter 39, Subchapter B, shall be prohibited. A person who engages in conduct prohibited by this section may be subject to sanction of credentials, including any of the sanctions provided by subsection (a) of this section. (5) Charter school test administrators are not required to be certified; however, any irregularity in the administration of any test required by the TEC, Chapter 39, Subchapter B, would cause the charter itself to come under review by the commissioner of education for possible sanctions or revocation, as provided under the TEC, §12.115(a)(4). (6) Conduct that violates the security and confidential integrity of a test is evidenced by any departure from the test administration procedures established by the commissioner of education. Conduct of this nature may include, but is not limited to, the following acts and omissions: (A) viewing a test before, during, or after an assessment unless specifically authorized to do so; (B) duplicating secure examination materials; (C) disclosing the contents of any portion of a secure test; (D) providing, suggesting, or indicating to an examinee a response or answer to a secure test item or prompt; (E) changing or altering a response or answer of an examinee to a secure test item or prompt; (F) aiding or assisting an examinee with a response or answer to a secure test item or prompt; (G) fraudulently exempting or preventing a student from the administration of a required state assessment; (H) encouraging or assisting an individual to engage in the conduct described in paragraphs (1)-(7) of this subsection; or (I) failing to report to an appropriate authority that an individual has engaged in conduct outlined in paragraphs (1)-(8) of this subsection. (7) Any irregularities in test security or confidential integrity may also result in the invalidation of student results. (8) The superintendent and campus principal of each school district and chief administrative officer of each charter school and any private school administering the tests as allowed under the TEC, §39.033, shall develop procedures to ensure the security and confidential integrity of the tests specified in the TEC, Chapter 39, Subchapter B, and shall be responsible for notifying the TEA in writing of conduct that violates the security or confidential integrity of a test administered under the TEC, Chapter 39, Subchapter B. A person who fails to report such conduct as required by this subsection may be subject to any of the sanctions provided by subsection (a) of this section.

Source Note: The provisions of this §249.15 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; amended to be effective December 19, 2011, 36 TexReg 8533; amended to be effective October 17, 2013, 38 TexReg 7113; amended to be effective December 28, 2014, 39 TexReg 10010; amended to be effective October 8, 2015, 40 TexReg 6892; amended to be effective May 15, 2016, 41 TexReg 3310; amended to be effective March 8, 2018, 43 TexReg 1275; amended to be effectiveOctober21, 2018, 43 TexReg 6841; amended to be effective March 5, 2020, 45 TexReg 1413

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(a) Pursuant to this chapter, the State Board for Educator Certification (SBEC) may take any of the following actions: (1) place restrictions on the issuance, renewal, or holding of a certificate, either indefinitely or for a set term; (2) issue an inscribed or non-inscribed reprimand; (3) suspend a certificate for

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Requirement to Report Misconduct- Texas State Statute

-Requires state educator employees to report any misconduct, especially in regards to sexual behavior between another educator and student (Tex. Educ. Code § 21.006)
-An accused educator found guilty of this misconduct, including unlawful act or abuse, romantic relationships, or sexual relationships with a student is subject to termination under this statute (Tex. Educ. Code § 21.006)

Requirement to Report Misconduct, Tex. Educ. Code § 21.006

Notice to Parent or Guardian for Educator Misconduct - Texas State Statute

-Requires that Texas state school districts create and implement a policy regarding parent or guardian contact for any educator misconduct (Tex. Educ. Code §21.0061).
- Within the policy, the district needs to admit misconduct occurred, if the employee was terminated or resigned following an investigation, and if the State Board of Certification for Texas teachers was involved for further revocation of educator certifications (Tex. Educ. Code §21.0061).

Notice to Parent or Guardian for Educator Misconduct, Tex. Educ. Code §21.0061

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EDUCATION CODE



TITLE 2. PUBLIC EDUCATION



SUBTITLE D. EDUCATORS AND SCHOOL DISTRICT EMPLOYEES AND VOLUNTEERS



CHAPTER 21. EDUCATORS



SUBCHAPTER A. GENERAL PROVISIONS



Sec. 21.001. DEFINITIONS. In this chapter:


(1) "Commissioner" includes a person designated by the commissioner.


(2) "Digital learning" means any type of learning that is facilitated by technology or instructional practice that makes effective use of technology.


(3) "Digital literacy" means having the knowledge and ability to use a range of technology tools for varied purposes. The term includes the capacity to use, understand, and evaluate technology for use in education settings.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 757 (S.B. 1839), Sec. 1, eff. June 12, 2017.


Sec. 21.002. TEACHER EMPLOYMENT CONTRACTS. (a) A school district shall employ each classroom teacher, principal, librarian, nurse, or school counselor under:


(1) a probationary contract, as provided by Subchapter C;


(2) a continuing contract, as provided by Subchapter D; or


(3) a term contract, as provided by Subchapter E.


(b) A district is not required to employ a person other than an employee listed in Subsection (a) under a probationary, continuing, or term contract.


(c) Each board of trustees shall establish a policy designating specific positions of employment, or categories of positions based on considerations such as length of service, to which continuing contracts or term contracts apply.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 7, eff. June 14, 2013.


Sec. 21.003. CERTIFICATION REQUIRED. (a) A person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by Subchapter B.


(b) Except as otherwise provided by this subsection, a person may not be employed by a school district as an audiologist, occupational therapist, physical therapist, physician, nurse, school psychologist, associate school psychologist, licensed professional counselor, marriage and family therapist, social worker, or speech language pathologist unless the person is licensed by the state agency that licenses that profession and may perform specific services within those professions for a school district only if the person holds the appropriate credential from the appropriate state agency. As long as a person employed by a district before September 1, 2011, to perform marriage and family therapy, as defined by Section 502.002, Occupations Code, is employed by the same district, the person is not required to hold a license as a marriage and family therapist to perform marriage and family therapy with that district.


(c) The commissioner may waive the requirement for certification of a superintendent if requested by a school district as provided by Section 7.056. A person who is not certified as a superintendent may not be employed by a school district as the superintendent before the person has received a waiver of certification from the commissioner. The commissioner may limit the waiver of certification in any manner the commissioner determines is appropriate. A person may be designated to act as a temporary or interim superintendent for a school district, but the district may not employ the person under a contract as superintendent unless the person has been certified or a waiver has been granted.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 82 (S.B. 158), Sec. 1, eff. September 1, 2007.


Acts 2011, 82nd Leg., R.S., Ch. 1134 (H.B. 1386), Sec. 5, eff. June 17, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 8, eff. June 14, 2013.


Acts 2015, 84th Leg., R.S., Ch. 1135 (S.B. 168), Sec. 1, eff. June 19, 2015.


Sec. 21.0031. FAILURE TO OBTAIN CERTIFICATION; CONTRACT VOID. (a) An employee's probationary, continuing, or term contract under this chapter is void if the employee:


(1) does not hold a valid certificate or permit issued by the State Board for Educator Certification;


(2) fails to fulfill the requirements necessary to renew or extend the employee's temporary, probationary, or emergency certificate or any other certificate or permit issued under Subchapter B; or


(3) fails to comply with any requirement under Subchapter C, Chapter 22, if the failure results in suspension or revocation of the employee's certificate under Section 22.0831(f)(2).


(b) If a school district has knowledge that an employee's contract is void under Subsection (a):


(1) the district may, except as provided by Subsection (b-1):


(A) terminate the employee;


(B) suspend the employee with or without pay; or


(C) retain the employee for the remainder of the school year on an at-will employment basis in a position other than a position required to be held by an employee under a contract under Section 21.002 at the employee's existing rate of pay or at a reduced rate; and


(2) the employee is not entitled to the minimum salary prescribed by Section 21.402.


(b-1) A school district may not terminate or suspend under Subsection (b) an employee whose contract is void under Subsection (a)(1) or (2) because the employee failed to renew or extend the employee's certificate or permit if the employee:


(1) requests an extension from the State Board for Educator Certification to renew, extend, or otherwise validate the employee's certificate or permit; and


(2) not later than the 10th day after the date the contract is void, takes necessary measures to renew, extend, or otherwise validate the employee's certificate or permit, as determined by the State Board for Educator Certification.


(c) A school district's decision under Subsection (b) is not subject to appeal under this chapter, and the notice and hearing requirements of this chapter do not apply to the decision.


(d) This section does not affect the rights and remedies of a party in an at-will employment relationship.


(e) This section does not apply to a certified teacher assigned to teach a subject for which the teacher is not certified.


(f) For purposes of this section, a certificate or permit is not considered to have expired if:


(1) the employee has completed the requirements for renewal of the certificate or permit;


(2) the employee submitted the request for renewal prior to the expiration date; and


(3) the date the certificate or permit would have expired is before the date the State Board for Educator Certification takes action to approve the renewal of the certificate or permit.


Added by Acts 2003, 78th Leg., ch. 181, Sec. 1, eff. Sept. 1, 2003.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 968 (H.B. 1334), Sec. 1, eff. June 17, 2011.


Acts 2011, 82nd Leg., 1st C.S., Ch. 8 (S.B. 8), Sec. 1, eff. September 28, 2011.


Sec. 21.004. TEACHER RECRUITMENT PROGRAM. (a) To the extent that funds are available, the agency, the State Board for Educator Certification, and the Texas Higher Education Coordinating Board shall develop and implement programs to identify talented students and recruit those students and persons, including high school and undergraduate students, mid-career and retired professionals, honorably discharged and retired military personnel, and members of underrepresented gender and ethnic groups, into the teaching profession.


(b) From available funds, the agency, the State Board for Educator Certification, and the Texas Higher Education Coordinating Board shall develop and distribute materials that emphasize the importance of the teaching profession and inform individuals about state-funded loan forgiveness and tuition assistance programs.


(c) The commissioner, in cooperation with the commissioner of higher education and the executive director of the State Board for Educator Certification, shall annually identify the need for teachers in specific subject areas and geographic regions and among underrepresented groups. The commissioner shall give priority to developing and implementing recruitment programs to address those needs from the agency's discretionary funds.


(d) The agency, the State Board for Educator Certification, and the Texas Higher Education Coordinating Board shall encourage the business community to cooperate with local schools to develop recruiting programs designed to attract and retain capable teachers, including programs to provide summer employment opportunities for teachers.


(e) The agency, the State Board for Educator Certification, and the Texas Higher Education Coordinating Board shall encourage major education associations to cooperate in developing a long-range program promoting teaching as a career and to assist in identifying local activities and resources that may be used to promote the teaching profession.


(f) Funds received for teacher recruitment programs may be used only to publicize and implement the programs.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 1590, Sec. 7, eff. June 19, 1999.


Sec. 21.006. REQUIREMENT TO REPORT MISCONDUCT. (a) In this section:


(1) "Abuse" has the meaning assigned by Section 261.001, Family Code, and includes any sexual conduct involving an educator and a student or minor.


(2) "Other charter entity" means:


(A) a school district operating under a home-rule school district charter adopted under Subchapter B, Chapter 12;


(B) a campus or campus program operating under a charter granted under Subchapter C, Chapter 12; and


(C) an entity that contracts to partner with a school district under Section 11.174(a)(2) to operate a district campus under a charter granted to the entity by the district under Subchapter C, Chapter 12.


(b) In addition to the reporting requirement under Section 261.101, Family Code, and except as provided by Subsection (c-2), the superintendent or director of a school district, district of innovation, open-enrollment charter school, other charter entity, regional education service center, or shared services arrangement shall notify the State Board for Educator Certification if:


(1) an educator employed by or seeking employment by the school district, district of innovation, charter school, other charter entity, service center, or shared services arrangement has a criminal record and the school district, district of innovation, charter school, other charter entity, service center, or shared services arrangement obtained information about the educator's criminal record by a means other than the criminal history clearinghouse established under Section 411.0845, Government Code;


(2) an educator's employment at the school district, district of innovation, charter school, other charter entity, service center, or shared services arrangement was terminated and there is evidence that the educator:


(A) abused or otherwise committed an unlawful act with a student or minor;


(A-1) was involved in a romantic relationship with or solicited or engaged in sexual contact with a student or minor;


(B) possessed, transferred, sold, or distributed a controlled substance, as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et seq.;


(C) illegally transferred, appropriated, or expended funds or other property of the school district, district of innovation, charter school, other charter entity, service center, or shared services arrangement;


(D) attempted by fraudulent or unauthorized means to obtain or alter a professional certificate or license for the purpose of promotion or additional compensation; or


(E) committed a criminal offense or any part of a criminal offense on school property or at a school-sponsored event;


(3) the educator resigned and there is evidence that the educator engaged in misconduct described by Subdivision (2); or


(4) the educator engaged in conduct that violated the assessment instrument security procedures established under Section 39.0301.


(b-1) A superintendent or director of a school district, district of innovation, open-enrollment charter school, other charter entity, regional education service center, or shared services arrangement shall complete an investigation of an educator that involves evidence that the educator may have engaged in misconduct described by Subsection (b)(2)(A) or (A-1), despite the educator's resignation from employment before completion of the investigation.


(b-2) The principal of a school district, district of innovation, open-enrollment charter school, or other charter entity campus must notify the superintendent or director of the school district, district of innovation, charter school, or other charter entity not later than the seventh business day after the date:


(1) of an educator's termination of employment or resignation following an alleged incident of misconduct described by Subsection (b); or


(2) the principal knew about an educator's criminal record under Subsection (b)(1).


(c) Except as provided by Subsection (c-2), the superintendent or director must notify the State Board for Educator Certification by filing a report with the board not later than the seventh business day after the date the superintendent or director receives a report from a principal under Subsection (b-2) or knew about an educator's termination of employment or resignation following an alleged incident of misconduct described by Subsection (b) or an employee's criminal record under Subsection (b)(1).


(c-1) The report under Subsection (c):


(1) must be:


(A) in writing; and


(B) in a form prescribed by the board; and


(2) may be filed through the Internet portal developed and maintained by the State Board for Educator Certification under Subsection (g-1).


(c-2) A superintendent or director of a school district, district of innovation, open-enrollment charter school, regional education service center, or shared services arrangement is not required to notify the State Board for Educator Certification or file a report with the board under Subsection (b) or (c) if the superintendent or director:


(1) completes an investigation into an educator's alleged incident of misconduct described by Subsection (b)(2)(A) or (A-1) before the educator's termination of employment or resignation; and


(2) determines the educator did not engage in the alleged incident of misconduct described by Subsection (b)(2)(A) or (A-1).


(d) The superintendent or director shall notify the board of trustees or governing body of the school district, open-enrollment charter school, other charter entity, regional education service center, or shared services arrangement and the educator of the filing of the report required by Subsection (c).


(e) A superintendent, director, or principal of a school district, district of innovation, open-enrollment charter school, other charter entity, regional education service center, or shared services arrangement who in good faith and while acting in an official capacity files a report with the State Board for Educator Certification under this section or communicates with another superintendent, director, or principal concerning an educator's criminal record or alleged incident of misconduct is immune from civil or criminal liability that might otherwise be incurred or imposed.


(f) The State Board for Educator Certification shall determine whether to impose sanctions, including an administrative penalty under Subsection (i), against a principal who fails to provide notification to a superintendent or director in violation of Subsection (b-2) or against a superintendent or director who fails to file a report in violation of Subsection (c).


(g) The State Board for Educator Certification shall propose rules as necessary to implement this section.


(g-1) The State Board for Educator Certification shall develop and maintain an Internet portal through which a report required under Subsection (c) may be confidentially and securely filed.


(h) The name of a student or minor who is the victim of abuse or unlawful conduct by an educator must be included in a report filed under this section, but the name of the student or minor is not public information under Chapter 552, Government Code.


(i) If an educator serving as a superintendent or director is required to file a report under Subsection (c) and fails to file the report by the date required by that subsection, or if an educator serving as a principal is required to notify a superintendent or director about an educator's criminal record or alleged incident of misconduct under Subsection (b-2) and fails to provide the notice by the date required by that subsection, the State Board for Educator Certification may impose on the educator an administrative penalty of not less than $500 and not more than $10,000. The State Board for Educator Certification may not renew the certification of an educator against whom an administrative penalty is imposed under this subsection until the penalty is paid.


(j) A superintendent or director required to file a report under Subsection (c) commits an offense if the superintendent or director fails to file the report by the date required by that subsection with intent to conceal an educator's criminal record or alleged incident of misconduct. A principal required to notify a superintendent or director about an educator's criminal record or alleged incident of misconduct under Subsection (b-2) commits an offense if the principal fails to provide the notice by the date required by that subsection with intent to conceal an educator's criminal record or alleged incident of misconduct. An offense under this subsection is a state jail felony.


(k) The commissioner may review the records of a school district, district of innovation, open-enrollment charter school, other charter entity, regional education service center, or shared services arrangement to ensure compliance with the requirement to report misconduct under this section.


Added by Acts 2003, 78th Leg., ch. 374, Sec. 2, eff. June 18, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 511 (S.B. 606), Sec. 1, eff. June 16, 2007.


Acts 2007, 80th Leg., R.S., Ch. 1312 (S.B. 1031), Sec. 2, eff. September 1, 2007.


Acts 2011, 82nd Leg., R.S., Ch. 761 (H.B. 1610), Sec. 1, eff. September 1, 2011.


Acts 2015, 84th Leg., R.S., Ch. 1043 (H.B. 1783), Sec. 2, eff. September 1, 2015.


Acts 2017, 85th Leg., R.S., Ch. 178 (S.B. 7), Sec. 5, eff. September 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2A.010, eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 1244 (S.B. 1476), Sec. 1, eff. June 14, 2019.


Sec. 21.0061. NOTICE TO PARENT OR GUARDIAN ABOUT EDUCATOR MISCONDUCT. (a) The board of trustees or governing body of a school district, district of innovation, open-enrollment charter school, other charter entity, regional education service center, or shared services arrangement shall adopt a policy under which notice is provided to the parent or guardian of a student with whom an educator is alleged to have engaged in misconduct described by Section 21.006(b)(2)(A) or (A-1) informing the parent or guardian:


(1) that the alleged misconduct occurred;


(2) whether the educator was terminated following an investigation of the alleged misconduct or resigned before completion of the investigation; and


(3) whether a report was submitted to the State Board for Educator Certification concerning the alleged misconduct.


(b) The policy required by this section must require that information specified by Subsection (a)(1) be provided as soon as feasible after the employing entity becomes aware that alleged misconduct may have occurred.


(c) In this section, "other charter entity" has the meaning assigned by Section 21.006.


Added by Acts 2017, 85th Leg., R.S., Ch. 178 (S.B. 7), Sec. 6, eff. September 1, 2017.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2A.011, eff. September 1, 2019.


Sec. 21.0062. REQUIREMENT TO REPORT MISCONDUCT: PRIVATE SCHOOLS. (a) In this section:


(1) "Abuse" has the meaning assigned by Section 261.001, Family Code, and includes any sexual conduct involving a student or minor and private school educator.


(2) "Private school educator" means a person employed by or seeking employment in a private school for a position in which the person would be required to hold a certificate issued under Subchapter B if the person were employed by a school district.


(b) In addition to the reporting requirement under Section 261.101, Family Code, the chief administrative officer of a private school shall notify the State Board for Educator Certification if a private school educator:


(1) has a criminal record and the private school obtained information about the educator's criminal record; or


(2) was terminated and there is evidence that the educator:


(A) abused or otherwise committed an unlawful act with a student or minor; or


(B) was involved in a romantic relationship with or solicited or engaged in sexual contact with a student or minor.


(c) If there is evidence that a private school educator may have engaged in misconduct described by Subsection (b) and the educator resigns from employment before completion of the investigation, the chief administrative officer of the private school shall submit the evidence of misconduct collected to the State Board for Educator Certification.


(d) The chief administrative officer of the private school must notify the State Board for Educator Certification by filing a report with the board not later than the seventh business day after the date the chief administrative officer knew that a private school educator:


(1) has a criminal record under Subsection (b)(1); or


(2) was terminated following an alleged incident of misconduct described by Subsection (b)(2).


(e) The report filed under Subsection (d) must be:


(1) in writing; and


(2) in a form prescribed by the board.


(f) Any person who knows or has reason to believe that a private school educator engaged in the misconduct described by Subsection (b)(2) may file a report with the State Board for Educator Certification under this section.


(g) A chief administrative officer of a private school or any other person who in good faith files a report with the State Board for Educator Certification under this section or communicates with a chief administrative officer or other administrator of a private school concerning the criminal record of or an alleged incident of misconduct by a private school educator is immune from civil or criminal liability that might otherwise be incurred or imposed.


(h) The name of a student or minor who is the victim of abuse or unlawful conduct by a private school educator must be included in a report filed under this section, but the name of the student or minor is not public information under Chapter 552, Government Code.


(i) The State Board for Educator Certification shall propose rules as necessary to implement this section.


Added by Acts 2019, 86th Leg., R.S., Ch. 986 (S.B. 1230), Sec. 2, eff. September 1, 2019.


Sec. 21.007. NOTICE ON CERTIFICATION RECORD OF ALLEGED MISCONDUCT. (a) In this section, "board" means the State Board for Educator Certification.


(b) The board shall adopt a procedure for placing a notice of alleged misconduct on an educator's public certification records. The procedure adopted by the board must provide for immediate placement of a notice of alleged misconduct on an educator's public certification records if the alleged misconduct presents a risk to the health, safety, or welfare of a student or minor as determined by the board.


(c) The board must notify an educator in writing when placing a notice of an alleged incident of misconduct on the public certification records of the educator.


(d) The board must provide an opportunity for an educator to show cause why the notice should not be placed on the educator's public certification records. The board shall propose rules establishing the length of time that a notice may remain on the educator's public certification records before the board must:


(1) initiate a proceeding to impose a sanction on the educator on the basis of the alleged misconduct; or


(2) remove the notice from the educator's public certification records.


(e) If it is determined that the educator has not engaged in the alleged incident of misconduct, the board shall immediately remove the notice from the educator's public certification records.


(f) The board shall propose rules necessary to administer this section.


Added by Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 3, eff. June 15, 2007.


Sec. 21.009. PRE-EMPLOYMENT AFFIDAVIT. (a) An applicant for a position described by Section 21.003(a) or (b) with a school district, district of innovation, open-enrollment charter school, private school, regional education service center, or shared services arrangement must submit, using a form adopted by the agency, a pre-employment affidavit disclosing whether the applicant has ever been charged with, adjudicated for, or convicted of having an inappropriate relationship with a minor.


(b) An applicant who answers affirmatively concerning an inappropriate relationship with a minor must disclose in the affidavit all relevant facts pertaining to the charge, adjudication, or conviction, including, for a charge, whether the charge was determined to be true or false.


(c) An applicant is not precluded from being employed based on a disclosed charge if the employing entity determines based on the information disclosed in the affidavit that the charge was false.


(d) A determination that an employee failed to disclose information required to be disclosed by an applicant under this section is grounds for termination of employment.


(e) The State Board for Educator Certification may revoke the certificate of an administrator if the board determines it is reasonable to believe that the administrator employed an applicant for a position described by Section 21.003(a) or (b) despite being aware that the applicant had been adjudicated for or convicted of having an inappropriate relationship with a minor.


Added by Acts 2017, 85th Leg., R.S., Ch. 178 (S.B. 7), Sec. 7, eff. September 1, 2017.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 986 (S.B. 1230), Sec. 3, eff. September 1, 2019.


SUBCHAPTER B. CERTIFICATION OF EDUCATORS



Sec. 21.031. PURPOSE. (a) The State Board for Educator Certification is established to recognize public school educators as professionals and to grant educators the authority to govern the standards of their profession. The board shall regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators.


(b) In proposing rules under this subchapter, the board shall ensure that all candidates for certification or renewal of certification demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of this state.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 21.032. DEFINITION. In this subchapter, "board" means the State Board for Educator Certification.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 21.033. STATE BOARD FOR EDUCATOR CERTIFICATION. (a) The State Board for Educator Certification is composed of 15 members. The commissioner of education shall appoint an employee of the agency to represent the commissioner as a nonvoting member. The commissioner of higher education shall appoint an employee of the Texas Higher Education Coordinating Board to represent the commissioner as a nonvoting member. The governor shall appoint two nonvoting members. The governor shall appoint a dean of a college of education in this state as one of the nonvoting members. The governor shall appoint a person who has experience working for and knowledge of an alternative educator preparation program and who is not affiliated with an institution of higher education as one of the nonvoting members. The remaining 11 members are appointed by the governor with the advice and consent of the senate, as follows:


(1) four members must be teachers employed in public schools;


(2) two members must be public school administrators;


(3) one member must be a public school counselor; and


(4) four members must be citizens, three of whom are not and have not, in the five years preceding appointment, been employed by a public school district or by an educator preparation program in an institution of higher education and one of whom is not and has not been employed by a public school district or by an educator preparation program in an institution of higher education.


(b) Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the person appointed.


(c) A board member is immune from civil suit for any act performed in good faith in the execution of duties as a board member.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1174, Sec. 1, eff. June 20, 1997; Acts 2003, 78th Leg., ch. 1170, Sec. 12.01, eff. Sept. 1, 2003.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 931 (H.B. 2205), Sec. 1, eff. September 1, 2015.


Sec. 21.034. TERMS; VACANCY. (a) The board members appointed by the governor hold office for staggered terms of six years with the terms of one-third of the members expiring on February 1 of each odd-numbered year. A member appointed by the commissioner of education or the commissioner of higher education serves at the will of the appointing commissioner.


(b) In the event of a vacancy during a term of a member appointed by the governor, the governor shall appoint a replacement who meets the qualifications of the vacated office to fill the unexpired portion of the term.


(c) A vacancy arises if a member appointed by the governor no longer qualifies for the office to which the member was appointed.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 21.035. DELEGATION AUTHORITY; ADMINISTRATION BY AGENCY. (a) The board is permitted to make a written delegation of authority to the commissioner or the agency to informally dispose of a contested case involving educator certification.


(b) The agency shall provide the board's administrative functions and services.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 1112, Sec. 1.01, eff. Sept. 1, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 1227 (H.B. 1116), Sec. 1.04, eff. September 1, 2005.


Acts 2015, 84th Leg., R.S., Ch. 931 (H.B. 2205), Sec. 2, eff. September 1, 2015.


Sec. 21.036. OFFICERS. The board shall elect one of its members to serve as presiding officer for a term of two years. The presiding officer is entitled to vote on all matters before the board. The board may elect other officers from among its membership.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1174, Sec. 2, eff. June 20, 1997.


Sec. 21.037. COMPENSATION. A board member may not receive compensation for serving on the board. A member is entitled to reimbursement for actual and necessary expenses incurred in performing functions as a member of the board, subject to any applicable limitation on reimbursement provided by the General Appropriations Act.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 21.038. MEETINGS. (a) The board shall meet at least once in each quarter of the calendar year.


(b) The board may meet at other times at the call of the presiding officer or as provided by the rules of the board.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 21.040. GENERAL POWERS AND DUTIES OF BOARD. The board shall:


(1) appoint the members of any advisory committee to the board;


(2) for each class of educator certificate, appoint an advisory committee composed of members of that class to recommend standards for that class to the board;


(3) provide to its members and employees, as often as necessary, information regarding their qualifications for office or employment under this chapter and their responsibilities under applicable laws relating to standards of conduct for state officers or employees; and


(4) develop and implement policies that clearly define the respective responsibilities of the board and the board's staff.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 2, eff. June 17, 2011.


Acts 2019, 86th Leg., R.S., Ch. 439 (S.B. 1376), Sec. 1.01, eff. June 4, 2019.


Sec. 21.041. RULES; FEES. (a) The board may adopt rules as necessary for its own procedures.


(b) The board shall propose rules that:


(1) provide for the regulation of educators and the general administration of this subchapter in a manner consistent with this subchapter;


(2) specify the classes of educator certificates to be issued, including emergency certificates;


(3) specify the period for which each class of educator certificate is valid;


(4) specify the requirements for the issuance and renewal of an educator certificate;


(5) provide for the issuance of an educator certificate to a person who holds a similar certificate issued by another state or foreign country, subject to Section 21.052;


(6) provide for special or restricted certification of educators, including certification of instructors of American Sign Language;


(7) provide for disciplinary proceedings, including the suspension or revocation of an educator certificate, as provided by Chapter 2001, Government Code;


(8) provide for the adoption, amendment, and enforcement of an educator's code of ethics;


(9) provide for continuing education requirements; and


(10) provide for certification of persons performing appraisals under Subchapter H.


(c) The board shall propose a rule adopting a fee for the issuance and maintenance of an educator certificate that, when combined with any fees imposed under Subsection (d), is adequate to cover the cost of administration of this subchapter.


(d) The board may propose a rule adopting a fee for the approval or renewal of approval of an educator preparation program, or for the addition of a certificate or field of certification to the scope of a program's approval. A fee imposed under this subsection may not exceed the amount necessary, as determined by the board, to provide for the administrative cost of approving, renewing the approval of, and appropriately ensuring the accountability of educator preparation programs under this subchapter.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 723 (S.B. 174), Sec. 1, eff. June 19, 2009.


Sec. 21.042. APPROVAL OF RULES. The State Board for Educator Certification must submit a written copy of each rule it proposes to adopt to the State Board of Education for review. The State Board of Education may reject a proposed rule by a vote of at least two-thirds of the members of the board present and voting. If the State Board of Education fails to reject a proposal before the 90th day after the date on which it receives the proposal, the proposal takes effect as a rule of the State Board for Educator Certification as provided by Chapter 2001, Government Code. The State Board of Education may not modify a rule proposed by the State Board for Educator Certification.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 21.043. ACCESS TO PEIMS DATA. (a) The agency shall provide the board with access to data obtained under the Public Education Information Management System (PEIMS).


(b) The agency shall provide educator preparation programs with data based on information reported through the Public Education Information Management System (PEIMS) that enables an educator preparation program to:


(1) assess the impact of the program; and


(2) revise the program as needed to improve the design and effectiveness of the program.


(c) The agency in coordination with the board shall solicit input from educator preparation programs to determine the data to be provided to educator preparation programs.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 757 (S.B. 1839), Sec. 2, eff. June 12, 2017.


Sec. 21.044. EDUCATOR PREPARATION. (a) The board shall propose rules establishing the training requirements a person must accomplish to obtain a certificate, enter an internship, or enter an induction-year program. The board shall specify the minimum academic qualifications required for a certificate.


(b) Any minimum academic qualifications for a certificate specified under Subsection (a) that require a person to possess a bachelor's degree must also require that the person receive, as part of the training required to obtain that certificate, instruction in detection and education of students with dyslexia.


(c) The instruction under Subsection (b) must:


(1) be developed by a panel of experts in the diagnosis and treatment of dyslexia who are:


(A) employed by institutions of higher education; and


(B) approved by the board; and


(2) include information on:


(A) characteristics of dyslexia;


(B) identification of dyslexia; and


(C) effective, multisensory strategies for teaching students with dyslexia.


(c-1) Any minimum academic qualifications for a certificate specified under Subsection (a) that require a person to possess a bachelor's degree must also require that the person receive, as part of the training required to obtain that certificate, instruction regarding mental health, substance abuse, and youth suicide. The instruction required must:


(1) be provided through:


(A) a program selected from the list of recommended best practice-based programs and research-based practices established under Section 38.351; or


(B) a course offered by any accredited public or private postsecondary educational institution as part of a degree program; and


(2) include effective strategies, including de-escalation techniques and positive behavioral interventions and supports, for teaching and intervening with students with mental health conditions or who engage in substance abuse.


(c-2) Any minimum academic qualifications for a certificate specified under Subsection (a) that require a person to possess a bachelor's degree must also require that the person receive, as part of the training required to obtain that certificate, instruction in digital learning, including a digital literacy evaluation followed by a prescribed digital learning curriculum. The instruction required must:


(1) be aligned with the International Society for Technology in Education's standards for teachers;


(2) provide effective, evidence-based strategies to determine a person's degree of digital literacy; and


(3) include resources to address any deficiencies identified by the digital literacy evaluation.


(d) In proposing rules under this section, the board shall specify that to obtain a certificate to teach an "applied STEM course," as that term is defined by Section 28.027, at a secondary school, a person must:


(1) pass the certification test administered by the recognized national or international business and industry group that created the curriculum the applied STEM course is based on; and


(2) have at a minimum:


(A) an associate degree from an accredited institution of higher education; and


(B) three years of work experience in an occupation for which the applied STEM course is intended to prepare the student.


(e) In proposing rules under this section for a person to obtain a certificate to teach a health science technology education course, the board shall specify that a person must have:


(1) an associate degree or more advanced degree from an accredited institution of higher education;


(2) current licensure, certification, or registration as a health professions practitioner issued by a nationally recognized accrediting agency for health professionals; and


(3) at least two years of wage earning experience utilizing the licensure requirement.


(f) The board may not propose rules for a certificate to teach a health science technology education course that specify that a person must have a bachelor's degree or that establish any other credential or teaching experience requirements that exceed the requirements under Subsection (e).


(f-1) Board rules addressing ongoing educator preparation program support for a candidate seeking certification in a certification class other than classroom teacher may not require that an educator preparation program conduct one or more formal observations of the candidate on the candidate's site in a face-to-face setting. The rules must permit each required formal observation to occur on the candidate's site or through use of electronic transmission or other video-based or technology-based method.


(g) Each educator preparation program must provide information regarding:


(1) the skills that educators are required to possess, the responsibilities that educators are required to accept, and the high expectations for students in this state;


(2) the effect of supply and demand forces on the educator workforce in this state;


(3) the performance over time of the educator preparation program;


(4) the importance of building strong classroom management skills;


(5) the framework in this state for teacher and principal evaluation, including the procedures followed in accordance with Subchapter H; and


(6) appropriate relationships, boundaries, and communications between educators and students.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 635 (S.B. 866), Sec. 1, eff. June 17, 2011.


Acts 2011, 82nd Leg., R.S., Ch. 926 (S.B. 1620), Sec. 1, eff. June 17, 2011.


Reenacted and amended by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 4.001, eff. September 1, 2013.


Reenacted and amended by Acts 2013, 83rd Leg., R.S., Ch. 1091 (H.B. 3573), Sec. 1, eff. June 14, 2013.


Reenacted and amended by Acts 2013, 83rd Leg., R.S., Ch. 1282 (H.B. 2012), Sec. 3, eff. September 1, 2013.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 1321 (S.B. 460), Sec. 2, eff. September 1, 2013.


Acts 2015, 84th Leg., R.S., Ch. 931 (H.B. 2205), Sec. 3, eff. September 1, 2015.


Acts 2015, 84th Leg., R.S., Ch. 1157 (S.B. 674), Sec. 1, eff. September 1, 2015.


Acts 2015, 84th Leg., R.S., Ch. 1157 (S.B. 674), Sec. 2, eff. September 1, 2015.


Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(8), eff. September 1, 2015.


Acts 2017, 85th Leg., R.S., Ch. 178 (S.B. 7), Sec. 8, eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 714 (H.B. 4056), Sec. 2, eff. June 12, 2017.


Acts 2017, 85th Leg., R.S., Ch. 757 (S.B. 1839), Sec. 3, eff. June 12, 2017.


Acts 2017, 85th Leg., R.S., Ch. 960 (S.B. 1963), Sec. 1, eff. June 15, 2017.


Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.03, eff. December 1, 2019.


Sec. 21.0441. ADMISSION REQUIREMENTS FOR EDUCATOR PREPARATION PROGRAMS. (a) Rules of the board proposed under this subchapter must provide that a person, other than a person seeking career and technology education certification, is not eligible for admission to an educator preparation program, including an alternative educator preparation program, unless the person:


(1) except as provided by Subsection (b), satisfies the following minimum grade point average requirements:


(A) an overall grade point average of at least 2.50 on a four-point scale or the equivalent on any course work previously attempted at a public or private institution of higher education; or


(B) a grade point average of at least 2.50 on a four-point scale or the equivalent for the last 60 semester credit hours attempted at a public or private institution of higher education; and


(2) if the person is seeking initial certification:


(A) has successfully completed at least:


(i) 15 semester credit hours in the subject-specific content area in which the person is seeking certification, if the person is seeking certification to teach mathematics or science at or above grade level seven; or


(ii) 12 semester credit hours in the subject-specific content area in which the person is seeking certification, if the person is not seeking certification to teach mathematics or science at or above grade level seven; or


(B) has achieved a satisfactory level of performance on a content certification examination, which may be a content certification examination administered by a vendor approved by the commissioner for purposes of administering such an examination for the year for which the person is applying for admission to the program.


(b) The board's rules must permit an educator preparation program to admit in extraordinary circumstances a person who fails to satisfy a grade point average requirement prescribed by Subsection (a)(1)(A) or (B), provided that:


(1) not more than 10 percent of the total number of persons admitted to the program in a year fail to satisfy the requirement under Subsection (a)(1)(A) or (B);


(2) each person admitted as described by this subsection performs, before admission, at a satisfactory level on an appropriate subject matter examination for each subject in which the person seeks certification; and


(3) for each person admitted as described by this subsection, the director of the program determines and certifies, based on documentation provided by the person, that the person's work, business, or career experience demonstrates achievement comparable to the academic achievement represented by the grade point average requirement.


(c) The overall grade point average of each incoming class admitted by an educator preparation program, including an alternative educator preparation program, may not be less than 3.00 on a four-point scale or the equivalent or a higher overall grade point average prescribed by the board. In computing the overall grade point average of an incoming class for purposes of this subsection, a program may:


(1) include the grade point average of each person in the incoming class based on all course work previously attempted by the person at a public or private institution of higher education; or


(2) include the grade point average of each person in the incoming class based only on the last 60 semester credit hours attempted by the person at a public or private institution of higher education.


(d) A person seeking career and technology education certification is not included in determining the overall grade point average of an incoming class under Subsection (c).


Added by Acts 2013, 83rd Leg., R.S., Ch. 1282 (H.B. 2012), Sec. 4, eff. September 1, 2013.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 526 (H.B. 1300), Sec. 1, eff. September 1, 2015.


Acts 2015, 84th Leg., R.S., Ch. 931 (H.B. 2205), Sec. 4, eff. September 1, 2015.


See note following this section.



Sec. 21.0442. EDUCATOR PREPARATION PROGRAM FOR PROBATIONARY AND STANDARD TRADE AND INDUSTRIAL WORKFORCE TRAINING CERTIFICATES. (a) The board shall propose rules under this subchapter to create an abbreviated educator preparation program for a person seeking certification in trade and industrial workforce training.


(b) A person is eligible for admission to an educator preparation program created under this section only if the person:


(1) has been issued a high school diploma or a postsecondary credential, certificate, or degree;


(2) has seven years of full-time wage-earning experience within the preceding 10 years in an approved occupation for which instruction is offered;


(3) holds with respect to that occupation a current license, certificate, or registration, as applicable, issued by a nationally recognized accrediting agency based on a recognized test or measurement; and


(4) within the period described by Subdivision (2), has not been the subject of a complaint filed with a licensing entity or other agency that regulates the occupation of the person, other than a complaint that was determined baseless or unfounded by that entity or agency.


(c) In proposing rules for an educator preparation program under this section, the board shall ensure that the program requires at least 80 hours of classroom instruction in:


(1) a specific pedagogy;


(2) creating lesson plans;


(3) creating student assessment instruments;


(4) classroom management; and


(5) relevant federal and state education laws.


Text of section effective on June 15, 2017, but only if a specific appropriation is provided as described by Acts 2017, 85th Leg., R.S., Ch. 1077 (H.B. 3349), Sec. 3, which states: This Act takes effect only if a specific appropriation for the implementation of the Act is provided in a general appropriations act of the 85th Legislature.


Added by Acts 2017, 85th Leg., R.S., Ch. 1077 (H.B. 3349), Sec. 1, eff. June 15, 2017.


Sec. 21.0443. EDUCATOR PREPARATION PROGRAM APPROVAL AND RENEWAL. (a) The board shall propose rules to establish standards to govern the approval or renewal of approval of:


(1) educator preparation programs; and


(2) certification fields authorized to be offered by an educator preparation program.


(b) To be eligible for approval or renewal of approval, an educator preparation program must adequately prepare candidates for educator certification and meet the standards and requirements of the board.


(c) The board shall require that each educator preparation program be reviewed for renewal of approval at least every five years. The board shall adopt an evaluation process to be used in reviewing an educator preparation program for renewal of approval.


Added by Acts 2015, 84th Leg., R.S., Ch. 931 (H.B. 2205), Sec. 5, eff. September 1, 2015.


Sec. 21.045. ACCOUNTABILITY SYSTEM FOR EDUCATOR PREPARATION PROGRAMS. (a) The board shall propose rules necessary to establish standards to govern the continuing accountability of all educator preparation programs based on the following information that is disaggregated with respect to race, sex, and ethnicity:


(1) results of the certification examinations prescribed under Section 21.048(a);


(2) performance based on the appraisal system for beginning teachers adopted by the board;


(3) achievement, including improvement in achievement, of students taught by beginning teachers for the first three years following certification, to the extent practicable;


(4) compliance with board requirements regarding the frequency, duration, and quality of structural guidance and ongoing support provided by field supervisors to candidates completing student teaching, clinical teaching, or an internship; and


(5) results from a teacher satisfaction survey, developed by the board with stakeholder input, of new teachers performed at the end of the teacher's first year of teaching.


(b) Each educator preparation program shall submit data elements as required by the board for an annual performance report to ensure access and equity. At a minimum, the annual report must contain:


(1) the performance data from Subsection (a), other than the data required for purposes of Subsection (a)(3);


(2) data related to the program's compliance with requirements for field supervision of candidates during their clinical teaching and internship experiences;


(3) the following information, disaggregated by race, sex, and ethnicity:


(A) the number of candidates who apply;


(B) the number of candidates admitted;


(C) the number of candidates retained;


(D) the number of candidates completing the program;


(E) the number of candidates employed as beginning teachers under standard teaching certificates by not later than the first anniversary of completing the program;


(F) the amount of time required by candidates employed as beginning teachers under probationary teaching certificates to be issued standard teaching certificates;


(G) the number of candidates retained in the profession; and


(H) any other information required by federal law;


(4) the ratio of field supervisors to candidates completing student teaching, clinical teaching, or an internship; and


(5) any other information necessary to enable the board to assess the effectiveness of the program on the basis of teacher retention and success criteria adopted by the board.


(c) The board shall propose rules necessary to establish performance standards for the Accountability System for Educator Preparation for accrediting educator preparation programs. At a minimum, performance standards must be based on Subsection (a).


(d) To assist an educator preparation program in improving the design and effectiveness of the program in preparing educators for the classroom, the agency shall provide to each program data that is compiled and analyzed by the agency based on information reported through the Public Education Information Management System (PEIMS) relating to the program.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 723 (S.B. 174), Sec. 2, eff. June 19, 2009.


Acts 2015, 84th Leg., R.S., Ch. 931 (H.B. 2205), Sec. 6, eff. September 1, 2015.


Acts 2017, 85th Leg., R.S., Ch. 757 (S.B. 1839), Sec. 4, eff. June 12, 2017.


Sec. 21.0451. SANCTIONS UNDER ACCOUNTABILITY SYSTEM FOR EDUCATOR PREPARATION PROGRAMS. (a) The board shall propose rules necessary for the sanction of educator preparation programs that do not meet accountability standards or comply with state law or rules and shall at least annually review the accreditation status of each educator preparation program. The rules:


(1) shall provide for the assignment of the following accreditation statuses:


(A) not rated;


(B) accredited;


(C) accredited-warned;


(D) accredited-probation; and


(E) not accredited-revoked;


(2) may provide for the agency to take any necessary action, including one or more of the following actions:


(A) requiring the program to obtain technical assistance approved by the agency or board;


(B) requiring the program to obtain professional services under contract with another person;


(C) appointing a monitor to participate in and report to the board on the activities of the program; and


(D) if a program has been rated as accredited-probation under the Accountability System for Educator Preparation for a period of at least one year, revoking the approval of the program and ordering the program to be closed, provided that the board or agency has provided the opportunity for a contested case hearing;


(3) shall provide for the agency to revoke the approval of the program and order the program to be closed if the program has been rated as accredited-probation under the Accountability System for Educator Preparation for three consecutive years, provided that the board or agency has provided the opportunity for a contested case hearing; and


(4) shall provide the board procedure for changing the accreditation status of a program that:


(A) does not meet the accreditation standards established under Section 21.045(a); or


(B) violates a board or agency regulation.


(b) Any action authorized or required to be taken against an educator preparation program under Subsection (a) may also be taken with regard to a particular field of certification authorized to be offered by an educator preparation program.


(c) A revocation must be effective for a period of at least two years. After two years, the program may seek renewed approval to prepare educators for state certification.


(d) The costs of technical assistance required under Subsection (a)(2)(A) or the costs associated with the appointment of a monitor under Subsection (a)(2)(C) shall be paid by the educator preparation program.


Added by Acts 2009, 81st Leg., R.S., Ch. 723 (S.B. 174), Sec. 2, eff. June 19, 2009.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 931 (H.B. 2205), Sec. 7, eff. September 1, 2015.


Sec. 21.0452. CONSUMER INFORMATION REGARDING EDUCATOR PREPARATION PROGRAMS. (a) To assist persons interested in obtaining teaching certification in selecting an educator preparation program and assist school districts in making staffing decisions, the board shall make information regarding educator programs in this state available to the public through the board's Internet website.


(b) The board shall make available at least the following information regarding each educator preparation program:


(1) the information specified in Sections 21.045(a) and (b);


(2) in addition to any other appropriate information indicating the quality of persons admitted to the program, the average academic qualifications possessed by persons admitted to the program, including:


(A) average overall grade point average and average grade point average in specific subject areas; and


(B) average scores on the Scholastic Assessment Test (SAT), the American College Test (ACT), or the Graduate Record Examination (GRE), as applicable;


(3) the degree to which persons who complete the program are successful in obtaining teaching positions;


(4) the extent to which the program prepares teachers, including general education teachers and special education teachers, to effectively teach:


(A) students with disabilities; and


(B) students of limited English proficiency, as defined by Section 29.052;


(5) the activities offered by the program that are designed to prepare teachers to:


(A) integrate technology effectively into curricula and instruction, including activities consistent with the principles of universal design for learning; and


(B) use technology effectively to collect, manage, and analyze data to improve teaching and learning for the purpose of increasing student academic achievement;


(6) for each semester, the average ratio of field supervisors to candidates completing student teaching, clinical teaching, or an internship in an educator preparation program;


(7) the perseverance of beginning teachers in the profession, based on information reported through the Public Education Information Management System (PEIMS) providing the number of beginning teachers employed as classroom teachers for at least three years after certification in comparison to similar programs;


(8) the results of exit surveys given to program participants on completion of the program that involve evaluation of the program's effectiveness in preparing participants to succeed in the classroom;


(9) the results of surveys given to school principals that involve evaluation of the program's effectiveness in preparing participants to succeed in the classroom, based on experience with employed program participants; and


(10) the results of teacher satisfaction surveys developed under Section 21.045 and given to program participants at the end of the first year of teaching.


(c) For purposes of Subsection (b)(9), the board shall require an educator preparation program to distribute an exit survey that a program participant must complete before the participant is eligible to receive a certificate under this subchapter.


(d) For purposes of Subsections (b)(9) and (10), the board shall develop surveys for distribution to program participants and school principals.


(e) The board may develop procedures under which each educator preparation program receives a designation or ranking based on the information required to be made available under Subsection (b). If the board develops procedures under this subsection, the designation or ranking received by each program must be included in the information made available under this section.


(f) In addition to other information required to be made available under this section, the board shall provide information identifying employment opportunities for teachers in the various regions of this state. The board shall specifically identify each region of this state in which a shortage of qualified teachers exists.


(g) The board may require any person to provide information to the board for purposes of this section.


Added by Acts 2009, 81st Leg., R.S., Ch. 723 (S.B. 174), Sec. 2, eff. June 19, 2009.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 931 (H.B. 2205), Sec. 8, eff. September 1, 2015.


Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 1.01, eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.02, eff. June 10, 2019.


Sec. 21.0453. INFORMATION FOR CANDIDATES FOR TEACHER CERTIFICATION. (a) The board shall require an educator preparation program to provide candidates for teacher certification with information concerning the following:


(1) skills and responsibilities required of teachers;


(2) expectations for student performance based on state standards;


(3) the current supply of and demand for teachers in this state;


(4) the importance of developing classroom management skills; and


(5) the state's framework for appraisal of teachers and principals.


(b) The board may propose rules as necessary for administration of this section, including rules to ensure that accurate and consistent information is provided by all educator preparation programs.


Added by Acts 2013, 83rd Leg., R.S., Ch. 1292 (H.B. 2318), Sec. 1, eff. June 14, 2013.


Sec. 21.0454. RISK FACTORS FOR EDUCATOR PREPARATION PROGRAMS; RISK-ASSESSMENT MODEL. (a) The board shall propose rules necessary to develop a set of risk factors to use in assessing the overall risk level of each educator preparation program. The set of risk factors must include:


(1) a history of the program's compliance with state law and board rules, standards, and procedures, with consideration given to:


(A) the seriousness of any violation of a rule, standard or procedure;


(B) whether the violation resulted in an action being taken against the program;


(C) whether the violation was promptly remedied by the program;


(D) the number of alleged violations; and


(E) any other matter considered to be appropriate in evaluating the program's compliance history; and


(2) whether the program meets the accountability standards under Section 21.045.


(b) The set of risk factors developed by the board may include whether an educator preparation program is accredited by other organizations.


(c) The board shall use the set of risk factors to guide the agency in conducting monitoring, inspections, and compliance audits of educator preparation programs, including evaluations associated with renewals under Section 21.0443.


Added by Acts 2015, 84th Leg., R.S., Ch. 931 (H.B. 2205), Sec. 9, eff. September 1, 2015.


Sec. 21.0455. COMPLAINTS REGARDING EDUCATOR PREPARATION PROGRAMS. (a) The board shall propose rules necessary to establish a process for a candidate for teacher certification to direct a complaint against an educator preparation program to the agency.


(b) The board by rule shall require an educator preparation program to notify candidates for teacher certification of the complaint process adopted under Subsection (a). The notice must include the name, mailing address, telephone number, and Internet website address of the agency for the purpose of directing complaints to the agency. The educator preparation program shall provide for that notification:


(1) on the Internet website of the educator preparation program, if the program maintains a website; and


(2) on a sign prominently displayed in program facilities.


(c) The board shall post the complaint process adopted under Subsection (a) on the agency's Internet website.


(d) The board has no authority to arbitrate or resolve contractual or commercial issues between an educator preparation program and a candidate for teacher certification.


Added by Acts 2015, 84th Leg., R.S., Ch. 931 (H.B. 2205), Sec. 9, eff. September 1, 2015.


Sec. 21.046. QUALIFICATIONS FOR CERTIFICATION AS SUPERINTENDENT OR PRINCIPAL. (a) The qualifications for superintendent must permit a candidate for certification to substitute management training or experience for part of the educational experience.


(b) The qualifications for certification as a principal must be sufficiently flexible so that an outstanding teacher may qualify by substituting approved experience and professional training for part of the educational requirements. Supervised and approved on-the-job experience in addition to required internship shall be accepted in lieu of classroom hours. The qualifications must emphasize:


(1) instructional leadership;


(2) administration, supervision, and communication skills;


(3) curriculum and instruction management;


(4) performance evaluation;


(5) organization; and


(6) fiscal management.


(c) Because an effective principal is essential to school improvement, the board shall ensure that:


(1) each candidate for certification as a principal is of the highest caliber; and


(2) multi-level screening processes, validated comprehensive assessment programs, and flexible internships with successful mentors exist to determine whether a candidate for certification as a principal possesses the essential knowledge, skills, and leadership capabilities necessary for success.


(d) In creating the qualifications for certification as a principal, the board shall consider the knowledge, skills, and proficiencies for principals as developed by relevant national organizations and the State Board of Education.


(e) For purposes of satisfying eligibility requirements for certification as a principal, a teacher who is certified under Section 21.0487:


(1) is considered to hold a classroom teaching certificate; and


(2) may apply as creditable years of teaching experience as a classroom teacher any period during which the teacher was employed by a school district as a Junior Reserve Officer Training Corps instructor before or after the teacher was certified under Section 21.0487.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 1194 (S.B. 1309), Sec. 2, eff. June 19, 2015.


Sec. 21.047. CENTERS FOR PROFESSIONAL DEVELOPMENT OF TEACHERS. (a) The board may develop the process for the establishment of centers for professional development through institutions of higher education for the purpose of integrating technology and innovative teaching practices in the preservice and staff development training of public school teachers and administrators. An institution of higher education with a teacher education program may develop a center through a collaborative process involving public schools, regional education service centers, and other entities or businesses. A center may contract with other entities to develop materials and provide training.


(b) On application by a center, the board shall make grants to the center for its programs from funds derived from gifts, grants, and legislative appropriations for that purpose. The board shall award the grants on a competitive basis according to requirements established by the board rules.


(c) A center may develop and implement a comprehensive field-based educator preparation program to supplement the internship hours required in Section 21.050. This comprehensive field-based teacher program must:


(1) be designed on the basis of current research into state-of-the-art teaching practices, curriculum theory and application, evaluation of student outcomes, and the effective application of technology; and


(2) have rigorous internal and external evaluation procedures that focus on content, delivery systems, and teacher and student outcomes.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 21.048. CERTIFICATION EXAMINATIONS.


(a) The board shall propose rules prescribing comprehensive examinations for each class of certificate issued by the board. The commissioner shall determine the satisfactory level of performance required for each certification examination. For the issuance of a generalist certificate, the commissioner shall require a satisfactory level of examination performance in each core subject covered by the examination.


(a-1) The board may not require that more than 45 days elapse before a person may retake an examination. A person may not retake an examination more than four times, unless the board waives the limitation for good cause as prescribed by the board.


(a-2) The board shall adopt rules that provide that in order to teach any grade level from prekindergarten through grade six a person must demonstrate proficiency in the science of teaching reading on a certification examination for each class of certificate issued by the board after January 1, 2021.


(b) The board may not administer a written examination to determine the competence or level of performance of an educator who has a hearing impairment unless the examination has been field tested to determine its appropriateness, reliability, and validity as applied to, and minimum acceptable performance scores for, persons with hearing impairments.


(c) An educator who has a hearing impairment is exempt from taking a written examination for a period ending on the first anniversary of the date on which the board determines, on the basis of appropriate field tests, that the examination complies with the standards specified in Subsection (b). On application to the board, the board shall issue a temporary exemption certificate to a person entitled to an exemption under this subsection.


(c-1) The results of an examination administered under this section are confidential and are not subject to disclosure under Chapter 552, Government Code, unless the disclosure is regarding notification to a parent of the assignment of an uncertified teacher to a classroom as required by Section 21.057.


(d) In this section:


(1) "Hearing impairment" means a hearing impairment so severe that the person cannot process linguistic information with or without amplification.


(2) "Reliability" means the extent to which an experiment, test, or measuring procedure yields the same results on repeated trials.


(3) "Validity" means being:


(A) well-grounded or justifiable;


(B) relevant and meaningful;


(C) correctly derived from premises or inferences; and


(D) supported by objective truth or generally accepted authority.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 4, eff. June 15, 2007.


Acts 2013, 83rd Leg., R.S., Ch. 1282 (H.B. 2012), Sec. 5, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1292 (H.B. 2318), Sec. 2, eff. June 14, 2013.


Acts 2015, 84th Leg., R.S., Ch. 931 (H.B. 2205), Sec. 10, eff. September 1, 2015.


Acts 2015, 84th Leg., R.S., Ch. 931 (H.B. 2205), Sec. 11, eff. September 1, 2015.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.005, eff. June 12, 2019.


Sec. 21.0485. CERTIFICATION TO TEACH STUDENTS WITH VISUAL IMPAIRMENTS. (a) To be eligible to be issued a certificate to teach students with visual impairments, a person must:


(1) complete either:


(A) all course work required for that certification in an approved educator preparation program; or


(B) an alternative educator certification program approved for the purpose by the board;


(2) perform satisfactorily on each examination prescribed under Section 21.048 for certification to teach students with visual impairments, after completing the course work or program described by Subdivision (1); and


(3) satisfy any other requirements prescribed by the board.


(b) Subsection (a) does not apply to eligibility for a certificate to teach students with visual impairments, including eligibility for renewal of that certificate, if the application for the initial certificate was submitted on or before September 1, 2011.


Added by Acts 2011, 82nd Leg., R.S., Ch. 362 (S.B. 54), Sec. 1, eff. September 1, 2011.


Sec. 21.0486. TECHNOLOGY APPLICATIONS CERTIFICATION. A person who holds a technology applications certificate issued under this subchapter may, in addition to teaching technology applications courses as authorized under the certificate, teach courses in:


(1) principles of arts, audio/video technology, and communications; and


(2) principles of information technology.


Added by Acts 2013, 83rd Leg., R.S., Ch. 1091 (H.B. 3573), Sec. 2, eff. June 14, 2013.


Sec. 21.0487. JUNIOR RESERVE OFFICER TRAINING CORPS TEACHER CERTIFICATION. (a) The board shall establish a standard Junior Reserve Officer Training Corps teaching certificate to provide Junior Reserve Officer Training Corps instruction.


(b) To be eligible for a certificate under this section, a person must:


(1) hold a bachelor's degree from an institution of higher education that is, and at the time the person received the degree was, accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board;


(2) satisfy the eligibility and testing requirements for certification as a Junior Reserve Officer Training Corps instructor established by the branch of service in which the person served; and


(3) complete an approved educator preparation program.


(c) The board shall propose rules to:


(1) approve educator preparation programs to prepare a person as a teacher for certification under this section; and


(2) establish requirements under which:


(A) a person's training and experience acquired during the person's military service serves as proof of the person's demonstration of subject matter knowledge if that training and experience is verified by the branch of service in which the person served; and


(B) a person's employment by a school district as a Junior Reserve Officer Training Corps instructor before the person was enrolled in an educator preparation program or while the person is enrolled in an educator preparation program is applied to satisfy any student teaching, internship, or field-based experience program requirement.


(d) A person is not required to hold a certificate established under this section to be employed by a school district as a Junior Reserve Officer Training Corps instructor.


Added by Acts 2015, 84th Leg., R.S., Ch. 1194 (S.B. 1309), Sec. 1, eff. June 19, 2015.


Sec. 21.0488. TRADES AND INDUSTRIES EDUCATION CERTIFICATION FOR MILITARY PERSONNEL. (a) To the extent that rules adopted under this subchapter require a person seeking trades and industries education certification to hold a license or other professional credential for a specific trade, a person who is a current or former member of the United States armed services is considered to have satisfied that requirement if the person has experience in that trade obtained through military service.


(b) The board may not propose rules requiring a current or former member of the United States armed services who seeks career and technology education certification for a specific trade to hold a credential related to that trade or possess experience related to that trade other than the experience in that trade obtained through military service.


Added by Acts 2015, 84th Leg., R.S., Ch. 755 (H.B. 2014), Sec. 1, eff. June 17, 2015.


Redesignated from Education Code, Section 21.0487 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(5), eff. September 1, 2017.


Sec. 21.0489. EARLY CHILDHOOD CERTIFICATION. (a) To ensure that there are teachers with special training in early childhood education focusing on prekindergarten through grade three, the board shall establish an early childhood certificate.


(b) A person is not required to hold a certificate established under this section to be employed by a school district to provide instruction in prekindergarten through grade three.


(c) To be eligible for a certificate established under this section, a person must:


(1) either:


(A) satisfactorily complete the course work for that certificate in an educator preparation program, including a knowledge-based and skills-based course of instruction on early childhood education that includes:


(i) teaching methods for:


(a) using small group instructional formats that focus on building social, emotional, and academic skills;


(b) navigating multiple content areas; and


(c) managing a classroom environment in which small groups of students are working on different tasks; and


(ii) strategies for teaching fundamental academic skills, including reading, writing, and numeracy; or


(B) hold an early childhood through grade six certificate issued under this subchapter and satisfactorily complete a course of instruction described by Paragraph (A);


(2) perform satisfactorily on an early childhood certificate examination prescribed by the board; and


(3) satisfy any other requirements prescribed by the board.


(d) The criteria for the course of instruction described by Subsection (c)(1)(A) shall be developed by the board in consultation with faculty members who provide instruction at institutions of higher education in educator preparation programs for an early childhood through grade six certificate.


Added by Acts 2017, 85th Leg., R.S., Ch. 757 (S.B. 1839), Sec. 5, eff. June 12, 2017.


Added by Acts 2017, 85th Leg., R.S., Ch. 837 (H.B. 2039), Sec. 1, eff. June 15, 2017.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 5.002, eff. September 1, 2019.


Sec. 21.049. ALTERNATIVE CERTIFICATION. (a) To provide a continuing additional source of qualified educators, the board shall propose rules providing for educator certification programs as an alternative to traditional educator preparation programs. The rules may not provide that a person may be certified under this section only if there is a demonstrated shortage of educators in a school district or subject area.


(b) The board may not require a person employed as a teacher in an alternative education program under Section 37.008 or a juvenile justice alternative education program under Section 37.011 for at least three years to complete an alternative educator certification program adopted under this section before taking the appropriate certification examination.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 609, Sec. 1, eff. Sept. 1, 2001.


See note following this section.



Sec. 21.0491. PROBATIONARY AND STANDARD TRADE AND INDUSTRIAL WORKFORCE TRAINING CERTIFICATES. (a) To provide a continuing additional source of teachers to provide workforce training, the board shall establish a probationary trade and industrial workforce training certificate and a standard trade and industrial workforce training certificate that may be obtained through an abbreviated educator preparation program under Section 21.0442.


(b) To be eligible for a probationary certificate under this section, a person must:


(1) satisfactorily complete the course work for that certificate in an educator preparation program under Section 21.0442; and


(2) satisfy any other requirements prescribed by the board.


(c) To be eligible for a standard certificate under this section, a person must:


(1) hold a probationary certificate issued under this section;


(2) be employed by:


(A) a public or private primary or secondary school; or


(B) an institution of higher education or an independent or private institution of higher education as those terms are defined by Section 61.003; and


(3) perform satisfactorily on a standard trade and industrial workforce training certificate examination prescribed by the board.


(d) The limitation imposed by Section 21.048(a-1) on the number of administrations of an examination does not apply to the administration of the standard trade and industrial workforce training certificate examination prescribed by the board.


(e) Notwithstanding any other law, the board may administer the standard trade and industrial workforce training certificate examination to a person who satisfies the requirements of Subsections (c)(1) and (2).


(f) The board shall propose rules to:


(1) specify the term of a probationary certificate and a standard certificate issued under this section; and


(2) establish the requirements for renewal of a standard certificate.


Text of section effective on June 15, 2017, but only if a specific appropriation is provided as described by Acts 2017, 85th Leg., R.S., Ch. 1077 (H.B. 3349), Sec. 3, which states: This Act takes effect only if a specific appropriation for the implementation of the Act is provided in a general appropriations act of the 85th Legislature.


Added by Acts 2017, 85th Leg., R.S., Ch. 1077 (H.B. 3349), Sec. 1, eff. June 15, 2017.


Sec. 21.050. ACADEMIC DEGREE REQUIRED FOR TEACHING CERTIFICATE; FIELD-BASED EXPERIENCE OR INTERNSHIP. (a) A person who applies for a teaching certificate for which board rules require a bachelor's degree must possess a bachelor's degree received with an academic major or interdisciplinary academic major, including reading, that is related to the curriculum as prescribed under Subchapter A, Chapter 28.


(b) The board shall provide for a minimum number of semester credit hours of field-based experience or internship to be included in the credit hours needed for certification. The board may propose rules requiring additional credit hours for certification in bilingual education, English as a second language, early childhood education, or special education.


(c) A person who receives a bachelor's degree required for a teaching certificate on the basis of higher education coursework completed while receiving an exemption from tuition and fees under Section 54.363 may not be required to participate in any field experience or internship consisting of student teaching to receive a teaching certificate.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 524, Sec. 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 74, Sec. 2, eff. May 14, 2001.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 2, eff. January 1, 2012.


Acts 2019, 86th Leg., R.S., Ch. 206 (H.B. 3217), Sec. 1, eff. May 24, 2019.


Acts 2019, 86th Leg., R.S., Ch. 206 (H.B. 3217), Sec. 2, eff. May 24, 2019.


Sec. 21.051. RULES REGARDING FIELD-BASED EXPERIENCE AND OPTIONS FOR FIELD EXPERIENCE AND INTERNSHIPS. (a) In this section, "teacher of record" means a person employed by a school district who teaches the majority of the instructional day in an academic instructional setting and is responsible for evaluating student achievement and assigning grades.


(b) Before a school district may employ a candidate for certification as a teacher of record and, except as provided by Subsection (b-1), after the candidate's admission to an educator preparation program, the candidate must complete at least 15 hours of field-based experience in which the candidate is actively engaged in instructional or educational activities under supervision at:


(1) a public school campus accredited or approved for the purpose by the agency; or


(2) a private school recognized or approved for the purpose by the agency.


(b-1) A candidate may satisfy up to 15 hours of the field-based experience requirement under Subsection (b) by serving as a long-term substitute teacher as prescribed by board rule. Experience under this subsection may occur after the candidate's admission to an educator preparation program or during the two years before the date the candidate is admitted to the program. The candidate's experience in instructional or educational activities must be documented by the educator preparation program and must be obtained at:


(1) a public school campus accredited or approved for the purpose by the agency; or


(2) a private school recognized or approved for the purpose by the agency.


(c) Subsection (b) applies only to an initial certification issued on or after September 1, 2012. Subsection (b) does not affect:


(1) the validity of a certification issued before September 1, 2012; or


(2) the eligibility of a person who holds a certification issued before September 1, 2012, to obtain a subsequent renewal of the certification in accordance with board rule.


(d) Subsection (b) does not affect the period within which an individual must complete field-based experience hours as determined by board rule if the individual is not accepted into an educator preparation program before the deadline prescribed by board rule and is hired for a teaching assignment by a school district after the deadline prescribed by board rule.


(e) The board shall propose rules relating to the field-based experience required by Subsection (b). The commissioner by rule shall adopt procedures and standards for recognizing a private school under Subsection (b)(2).


(f) The board shall propose rules providing flexible options for persons for any field-based experience or internship required for certification.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2011, 82nd Leg., 1st C.S., Ch. 8 (S.B. 8), Sec. 2, eff. September 28, 2011.


Acts 2017, 85th Leg., R.S., Ch. 757 (S.B. 1839), Sec. 6, eff. June 12, 2017.


Sec. 21.052. CERTIFICATION OF EDUCATORS FROM OUTSIDE THE STATE. (a) The board may issue a certificate to an educator who applies for a certificate and:


(1) holds:


(A) a degree issued by an institution accredited by a regional accrediting agency or group that is recognized by a nationally recognized accreditation board; or


(B) a degree issued by an institution located in a foreign country, if the degree is equivalent to a degree described by Paragraph (A);


(2) holds an appropriate certificate or other credential issued by another state or country; and


(3) performs satisfactorily on:


(A) the examination prescribed under Section 21.048; or


(B) if the educator holds a certificate or other credential issued by another state or country, an examination similar to and at least as rigorous as that described by Paragraph (A) administered to the educator under the authority of that state.


(a-1) The commissioner may adopt rules establishing exceptions to the examination requirements prescribed by Subsection (a)(3) for an educator from outside the state to obtain a certificate in this state.


(b) For purposes of Subsection (a)(2), a person is considered to hold a certificate or other credential if the credential is not valid solely because it has expired.


(b-1) The board shall propose rules to establish procedures to expedite the processing of an application for a certificate under this section submitted by an educator who is the spouse of a person who is serving on active duty as a member of the armed forces of the United States, including rules for providing the appropriate documentation to establish the educator's status as a spouse of a person who is serving on active duty as a member of the armed forces of the United States.


(c) The board may issue a temporary certificate under this section to an educator who holds a degree required by Subsection (a)(1) and a certificate or other credential required by Subsection (a)(2) but who has not satisfied the requirements prescribed by Subsection (a)(3). Subject to Subsections (d) and (d-1), the board may specify the term of a temporary certificate issued under this subsection.


(d) A temporary certificate issued under Subsection (c) to an educator employed by a school district that has constructed or expanded at least one instructional facility as a result of increased student enrollment due to actions taken under the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. Section 2687) may not expire before the first anniversary of the date on which the board completes the review of the educator's credentials and informs the educator of the examination or examinations under Section 21.048 on which the educator must perform successfully to receive a standard certificate.


(d-1) A temporary certificate issued under Subsection (c) to an educator who is the spouse of a person who is serving on active duty as a member of the armed forces of the United States may not expire before the third anniversary of the date on which the board completes the review of the educator's credentials and informs the educator of the examination or examinations under Section 21.048 on which the educator must perform satisfactorily to receive a standard certificate.


(e) An educator who has submitted all documents required by the board for certification and who receives a temporary certificate as provided by Subsection (c) must perform satisfactorily on the examination prescribed under Section 21.048 not later than the first anniversary of the date the board completes the review of the educator's credentials and informs the educator of the examination or examinations under Section 21.048 on which the educator must perform successfully to receive a standard certificate.


(f) The board shall post on the board's Internet website the procedures for obtaining a certificate under Subsection (a).


(g) Repealed by Acts 2017, 85th Leg., R.S., Ch. 757 (S.B. 1839), Sec. 12(2), eff. June 12, 2017.


(h) This subsection applies only to an applicant who holds a certificate or other credential issued by another state in mathematics, science, special education, or bilingual education, or another subject area that the commissioner determines has a shortage of teachers. In any state fiscal year, the board shall accept or reject, not later than the 14th day after the date the board receives the completed application, at least 90 percent of the applications the board receives for a certificate under this subsection, and shall accept or reject all completed applications the board receives under this subsection not later than the 30th day after the date the board receives the completed application. An applicant under this subsection must submit:


(1) a letter of good standing from the state in which the teacher is certified on a form determined by the board;


(2) information necessary to complete a national criminal history record information review; and


(3) an application fee as required by the board.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 1306, Sec. 1, eff. June 16, 2001.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 577 (S.B. 1912), Sec. 1, eff. June 16, 2007.


Acts 2009, 81st Leg., R.S., Ch. 1013 (H.B. 4152), Sec. 1, eff. June 19, 2009.


Acts 2017, 85th Leg., R.S., Ch. 757 (S.B. 1839), Sec. 7, eff. June 12, 2017.


Acts 2017, 85th Leg., R.S., Ch. 757 (S.B. 1839), Sec. 12(2), eff. June 12, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1048 (H.B. 1934), Sec. 1, eff. June 15, 2017.


Sec. 21.053. PRESENTATION AND RECORDING OF CERTIFICATES. (a) A person who desires to teach in a public school shall present the person's certificate for filing with the employing district before the person's contract with the board of trustees of the district is binding.


(b) An educator who does not hold a valid certificate may not be paid for teaching or work done before the effective date of issuance of a valid certificate.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 21.054. CONTINUING EDUCATION. (a) The board shall propose rules establishing a process for identifying continuing education courses and programs that fulfill educators' continuing education requirements, including opportunities for educators to receive micro-credentials in fields of study related to the educator's certification class as provided by Subsection (i).


(b) Continuing education requirements for an educator who teaches students with dyslexia must include training regarding new research and practices in educating students with dyslexia.


(c) The training required under Subsection (b) may be offered in an online course.


(d) Continuing education requirements for a classroom teacher must provide that at least 25 percent of the training required every five years include instruction regarding:


(1) collecting and analyzing information that will improve effectiveness in the classroom;


(2) recognizing early warning indicators that a student may be at risk of dropping out of school;


(3) digital learning, digital teaching, and integrating technology into classroom instruction;


(4) educating diverse student populations, including:


(A) students who are eligible to participate in special education programs under Subchapter A, Chapter 29;


(B) students who are eligible to receive educational services required under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794);


(C) students with mental health conditions or who engage in substance abuse;


(D) students with intellectual or developmental disabilities;


(E) students who are educationally disadvantaged;


(F) students of limited English proficiency; and


(G) students at risk of dropping out of school;


(5) understanding appropriate relationships, boundaries, and communications between educators and students; and


(6) how mental health conditions, including grief and trauma, affect student learning and behavior and how evidence-based, grief-informed, and trauma-informed strategies support the academic success of students affected by grief and trauma.


(d-1) The instruction required under Subsection (d) may include two or more listed topics together.


Text of subsection as amended by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 4



(d-2) The instruction required under Subsection (d)(6) must:


(1) comply with the training required by Section 38.036(c)(1); and


(2) be approved by the commissioner.


Text of subsection as amended by Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.04



(d-2) The instruction required under Subsection (d)(6) must be:


(1) based on relevant best practice-based programs and research-based practices; and


(2) approved by the commissioner, in consultation with the Health and Human Services Commission.


(e) Continuing education requirements for a principal must provide that at least 25 percent of the training required every five years include instruction regarding:


(1) effective and efficient management, including:


(A) collecting and analyzing information;


(B) making decisions and managing time; and


(C) supervising student discipline and managing behavior;


(2) recognizing early warning indicators that a student may be at risk of dropping out of school;


(3) digital learning, digital teaching, and integrating technology into campus curriculum and instruction;


(4) effective implementation of a comprehensive school counseling program under Section 33.005;


(5) mental health programs addressing a mental health condition;


(6) educating diverse student populations, including:


(A) students who are eligible to participate in special education programs under Subchapter A, Chapter 29;


(B) students with intellectual or developmental disabilities;


(C) students who are eligible to receive educational services required under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794);


(D) students with mental health conditions or who engage in substance abuse;


(E) students who are educationally disadvantaged;


(F) students of limited English proficiency; and


(G) students at risk of dropping out of school;


(7) preventing, recognizing, and reporting any sexual conduct between an educator and student that is prohibited under Section 21.12, Penal Code, or for which reporting is required under Section 21.006 of this code; and


(8) how mental health conditions, including grief and trauma, affect student learning and behavior and how evidence-based, grief-informed, and trauma-informed strategies support the academic success of students affected by grief and trauma.


(e-2) The instruction required under Subsection (e)(8) must be:


(1) based on relevant best practice-based programs and research-based practices; and


(2) approved by the commissioner, in consultation with the Health and Human Services Commission.


(f) Continuing education requirements for a counselor must provide that at least 25 percent of training required every five years include instruction regarding:


(1) assisting students in developing high school graduation plans;


(2) implementing dropout prevention strategies;


(3) informing students concerning:


(A) college admissions, including college financial aid resources and application procedures; and


(B) career opportunities;


(4) counseling students concerning mental health conditions and substance abuse, including through the use of grief-informed and trauma-informed interventions and crisis management and suicide prevention strategies; and


(5) effective implementation of a comprehensive school counseling program under Section 33.005.


(g) The board shall adopt rules that allow an educator to fulfill continuing education requirements by participating in an evidence-based mental health first aid training program or an evidence-based grief-informed and trauma-informed care program. The rules adopted under this subsection must allow an educator to complete a program described by this subsection and receive credit toward continuing education requirements for twice the number of hours of instruction provided under that program, not to exceed 16 hours. The program must be offered through a classroom instruction format that requires in-person attendance.


(h) Continuing education requirements for a superintendent must include at least 2-1/2 hours of training every five years on identifying and reporting potential victims of sexual abuse, human trafficking, and other maltreatment of children. For purposes of this subsection, "other maltreatment" has the meaning assigned by Section 42.002, Human Resources Code.


(i) The board shall propose rules establishing a program to issue micro-credentials in fields of study related to an educator's certification class. The agency shall approve continuing education providers to offer micro-credential courses. A micro-credential received by an educator shall be recorded on the agency's Educator Certification Online System (ECOS) and included as part of the educator's public certification records.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2005, 79th Leg., Ch. 675 (S.B. 143), Sec. 2, eff. June 17, 2005.


Acts 2009, 81st Leg., R.S., Ch. 596 (H.B. 200), Sec. 1, eff. September 1, 2009.


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 67(a), eff. June 19, 2009.


Acts 2011, 82nd Leg., R.S., Ch. 635 (S.B. 866), Sec. 2, eff. June 17, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 638 (H.B. 642), Sec. 1, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1306 (H.B. 3793), Sec. 1, eff. September 1, 2013.


Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(9), eff. September 1, 2015.


Acts 2017, 85th Leg., R.S., Ch. 178 (S.B. 7), Sec. 9, eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 522 (S.B. 179), Sec. 8, eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 757 (S.B. 1839), Sec. 8, eff. June 12, 2017.


Acts 2019, 86th Leg., R.S., Ch. 214 (H.B. 403), Sec. 2, eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.04, eff. December 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 4, eff. June 6, 2019.


Acts 2019, 86th Leg., R.S., Ch. 1123 (H.B. 2424), Sec. 1, eff. June 14, 2019.


Sec. 21.0541. CONTINUING EDUCATION CREDIT FOR INSTRUCTION RELATED TO USE OF AUTOMATED EXTERNAL DEFIBRILLATOR. The board shall adopt rules allowing an educator to receive credit towards the educator's continuing education requirements for completion of an instructional course on the use of an automated external defibrillator that meets the guidelines for automated external defibrillator training approved under Section 779.002, Health and Safety Code.


Added by Acts 2015, 84th Leg., R.S., Ch. 1143 (S.B. 382), Sec. 1, eff. June 19, 2015.


Sec. 21.0543. CONTINUING EDUCATION CREDIT FOR INSTRUCTION RELATED TO DIGITAL TECHNOLOGY. The board shall propose rules allowing an educator to receive credit toward the educator's continuing education requirements for completion of education courses that:


(1) use technology to increase the educator's digital literacy; and


(2) assist the educator in the use of digital technology in learning activities that improve teaching, assessment, and instructional practices.


Added by Acts 2017, 85th Leg., R.S., Ch. 757 (S.B. 1839), Sec. 9, eff. June 12, 2017.


Sec. 21.055. SCHOOL DISTRICT TEACHING PERMIT. (a) As provided by this section, a school district may issue a school district teaching permit and employ as a teacher a person who does not hold a teaching certificate issued by the board.


(b) To be eligible for a school district teaching permit under this section, a person must hold a baccalaureate degree.


(c) Promptly after employing a person under this section, a school district shall send to the commissioner a written statement identifying the person, the person's qualifications as a teacher, and the subject or class the person will teach. The person may teach the subject or class pending action by the commissioner.


(d) Not later than the 30th day after the date the commissioner receives the statement under Subsection (c), the commissioner may inform the district in writing that the commissioner finds the person is not qualified to teach. The person may not teach if the commissioner finds the person is not qualified. If the commissioner fails to act within the time prescribed by this subsection, the district may issue to the person a school district teaching permit and the person may teach the subject or class identified in the statement.


(d-1) Subsections (b), (c), and (d) do not apply to a person who will teach only noncore academic career and technical education courses. A school district board of trustees may issue a school district teaching permit to a person who will teach courses only in career and technical education based on qualifications certified by the superintendent of the school district. Qualifications must include demonstrated subject matter expertise such as professional work experience, formal training and education, holding an active professional relevant industry license, certification, or registration, or any combination of work experience, training and education, or industry license, certification, or registration, in the subject matter to be taught. The superintendent of the school district shall certify to the board of trustees that a new employee has undergone a criminal background check and is capable of proper classroom management. A school district shall require a new employee to obtain at least 20 hours of classroom management training and to comply with continuing education requirements as determined by the board of trustees. A person may teach a career and technical education course immediately upon issuance of a permit under this subsection. Promptly after employing a person who qualifies under this subsection, the board of trustees shall send to the commissioner a written statement identifying the person, the course the person will teach, and the person's qualifications to teach the course.


(e) A person authorized to teach under this section may not teach in another school district unless that district complies with this section. A school district teaching permit remains valid unless the district issuing the permit revokes it for cause.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 931 (H.B. 2205), Sec. 12, eff. September 1, 2015.


Sec. 21.056. ADDITIONAL CERTIFICATION. The board by rule shall provide for a certified educator to qualify for additional certification to teach at a grade level or in a subject area not covered by the educator's certificate upon satisfactory completion of an examination or other assessment of the educator's qualification.


Added by Acts 1997, 75th Leg., ch. 1356, Sec. 1, eff. Sept. 1, 1997.


Sec. 21.057. PARENTAL NOTIFICATION. (a) A school district that assigns an inappropriately certified or uncertified teacher to the same classroom for more than 30 consecutive instructional days during the same school year shall provide written notice of the assignment to a parent or guardian of each student in that classroom.


(b) The superintendent of the school district shall provide the notice required by Subsection (a) not later than the 30th instructional day after the date of the assignment of the inappropriately certified or uncertified teacher.


(c) The school district shall:


(1) make a good-faith effort to ensure that the notice required by this section is provided in a bilingual form to any parent or guardian whose primary language is not English;


(2) retain a copy of any notice provided under this section; and


(3) make information relating to teacher certification available to the public on request.


(d) For purposes of this section, "inappropriately certified or uncertified teacher":


(1) includes:


(A) an individual serving on an emergency certificate issued under Section 21.041(b)(2); or


(B) an individual who does not hold any certificate or permit issued under this chapter and is not employed as specified by Subdivision (2)(E); and


(2) does not include an individual:


(A) who is a certified teacher assigned to teach a class or classes outside his or her area of certification, as determined by rules proposed by the board in specifying the certificate required for each assignment;


(B) serving on a certificate issued due to a hearing impairment under Section 21.048;


(C) serving on a certificate issued pursuant to enrollment in an approved alternative certification program under Section 21.049;


(D) certified by another state or country and serving on a certificate issued under Section 21.052;


(E) serving on a school district teaching permit issued under Section 21.055; or


(F) employed under a waiver granted by the commissioner pursuant to Section 7.056.


(e) This section does not apply if a school is required in accordance with Section 1006, Every Student Succeeds Act (20 U.S.C. Section 6312(e)(1)(B)(ii)), to provide notice to a parent or guardian regarding a teacher who does not meet certification requirements at the grade level and subject area in which the teacher is assigned, provided the school provides notice as required by that Act.


Added by Acts 1999, 76th Leg., ch. 680, Sec. 1, eff. June 18, 1999. Amended by Acts 2003, 78th Leg., ch. 1027, Sec. 1, eff. June 20, 2003.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 372 (H.B. 3563), Sec. 1, eff. June 1, 2017.


Sec. 21.058. REVOCATION OF CERTIFICATE AND TERMINATION OF EMPLOYMENT BASED ON CONVICTION OF OR PLACEMENT ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN OFFENSES. (a) The procedures described by Subsections (b) and (c) apply only:


(1) to conviction of or placement on deferred adjudication community supervision for an offense for which a defendant is required to register as a sex offender under Chapter 62, Code of Criminal Procedure; or


(2) to conviction of a felony offense under Title 5, Penal Code, if the victim of the offense was under 18 years of age at the time the offense was committed.


(b) Notwithstanding Section 21.041(b)(7), not later than the fifth day after the date the board receives notice under Article 42.018, Code of Criminal Procedure, of the conviction or placement on deferred adjudication community supervision of a person who holds a certificate under this subchapter, the board shall:


(1) revoke the certificate held by the person; and


(2) provide to the person, to the agency, and to any school district or open-enrollment charter school employing the person at the time of revocation written notice of:


(A) the revocation; and


(B) the basis for the revocation.


(c) A school district or open-enrollment charter school that receives notice under Subsection (b) of the revocation of a certificate issued under this subchapter shall:


(1) immediately remove the person whose certificate has been revoked from campus or from an administrative office, as applicable, to prevent the person from having any contact with a student; and


(2) if the person is employed under a probationary, continuing, or term contract under this chapter, with the approval of the board of trustees or governing body or a designee of the board or governing body:


(A) suspend the person without pay;


(B) provide the person with written notice that the person's contract is void as provided by Subsection (c-2); and


(C) terminate the employment of the person as soon as practicable.


(c-1) If a school district or open-enrollment charter school becomes aware that a person employed by the district or school under a probationary, continuing, or term contract under this chapter has been convicted of or received deferred adjudication for a felony offense, and the person is not subject to Subsection (c), the district or school may, with the approval of the board of trustees or governing body or a designee of the board of trustees or governing body:


(1) suspend the person without pay;


(2) provide the person with written notice that the person's contract is void as provided by Subsection (c-2); and


(3) terminate the employment of the person as soon as practicable.


(c-2) A person's probationary, continuing, or term contract is void if, with the approval of the board of trustees or governing body or a designee of the board or governing body, the school district or open-enrollment charter school takes action under Subsection (c)(2)(B) or (c-1)(2).


(d) A person whose certificate is revoked under Subsection (b) may reapply for a certificate in accordance with board rules.


(e) Action taken by a school district or open-enrollment charter school under Subsection (c) or (c-1) is not subject to appeal under this chapter, and the notice and hearing requirements of this chapter do not apply to the action.


Added by Acts 2003, 78th Leg., ch. 920, Sec. 1, eff. June 20, 2003.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 761 (H.B. 1610), Sec. 2, eff. September 1, 2011.


Acts 2017, 85th Leg., R.S., Ch. 178 (S.B. 7), Sec. 10, eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 178 (S.B. 7), Sec. 11, eff. September 1, 2017.


Sec. 21.0581. REVOCATION FOR ASSISTING PERSON WHO ENGAGED IN SEXUAL MISCONDUCT OBTAIN EMPLOYMENT. (a) The board may suspend or revoke a certificate held by a person under this subchapter, impose other sanctions against the person, or refuse to issue a certificate to the person under this subchapter if:


(1) the person assists another person in obtaining employment at a school district, private school, or open-enrollment charter school, other than by the routine transmission of administrative and personnel files; and


(2) the person knew that the other person has previously engaged in sexual misconduct with a minor or student in violation of the law.


(b) The commissioner may require a school district to revoke or decline to issue a school district teaching permit under Section 21.055 issued to or requested by a person subject to board action under Subsection (a).


Added by Acts 2017, 85th Leg., R.S., Ch. 178 (S.B. 7), Sec. 12, eff. September 1, 2017.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 986 (S.B. 1230), Sec. 4, eff. September 1, 2019.


Sec. 21.0585. NOTICE TO AGENCY REGARDING REVOCATION OF CERTIFICATE OR PERMIT FOR CERTAIN MISCONDUCT. The board shall promptly notify the agency for purposes of Section 22.092 if the board revokes a certificate or permit of a person on a finding that the person engaged in misconduct described by Section 21.006(b)(2)(A) or (A-1).


Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2A.012, eff. September 1, 2019.


Sec. 21.059. EXTENSION OF CERTAIN DEADLINES FOR ACTIVE DUTY MILITARY PERSONNEL. A person who holds a certificate or permit under this subchapter who is a member of the state military forces or a reserve component of the armed forces of the United States and who is ordered to active duty by proper authority is entitled to an additional amount of time, equal to the total number of years or parts of years that the educator serves on active duty, to complete:


(1) any continuing education requirements; and


(2) any requirements relating to renewal or extension of the person's certificate or permit.


Added by Acts 2005, 79th Leg., Ch. 675 (S.B. 143), Sec. 3, eff. June 17, 2005.


Sec. 21.060. ELIGIBILITY OF PERSONS CONVICTED OF CERTAIN OFFENSES. The board may suspend or revoke the certificate or permit held by a person under this subchapter, impose other sanctions against the person, or refuse to issue a certificate or permit to a person under this subchapter if the person has been convicted of a felony or misdemeanor offense relating to the duties and responsibilities of the education profession, including:


(1) an offense involving moral turpitude;


(2) an offense involving a form of sexual or physical abuse of a minor or student or other illegal conduct in which the victim is a minor or student;


(3) a felony offense involving the possession, transfer, sale, or distribution of or conspiracy to possess, transfer, sell, or distribute a controlled substance, as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et seq.;


(4) an offense involving the illegal transfer, appropriation, or use of school district funds or other district property; or


(5) an offense involving an attempt by fraudulent or unauthorized means to obtain or alter a professional certificate or license issued under this subchapter.


Added by Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 5, eff. June 15, 2007.


Sec. 21.061. REVIEW AND UPDATING OF EDUCATOR PREPARATION PROGRAMS. The board shall, after consulting with appropriate higher education faculty and public school teachers and administrators and soliciting advice from other interested persons with relevant knowledge and experience, develop and carry out a process for reviewing and, as necessary, updating standards and requirements for educator preparation programs.


Added by Acts 2013, 83rd Leg., R.S., Ch. 1292 (H.B. 2318), Sec. 3, eff. June 14, 2013.


Sec. 21.062. ISSUANCE OF SUBPOENAS. (a) During an investigation by the commissioner of an educator for an alleged incident of misconduct, the commissioner may issue a subpoena to compel:


(1) the attendance of a relevant witness; or


(2) the production, for inspection or copying, of relevant evidence that is located in this state.


(b) A subpoena may be served personally or by certified mail.


(c) If a person fails to comply with a subpoena, the commissioner, acting through the attorney general, may file suit to enforce the subpoena in a district court in this state. On finding that good cause exists for issuing the subpoena, the court shall order the person to comply with the subpoena. The court may punish a person who fails to obey the court order.


(d) All information and materials subpoenaed or compiled in connection with an investigation described by Subsection (a) are confidential and not subject to disclosure under Chapter 552, Government Code.


(e) Except as provided by a protective order, and notwithstanding Subsection (d), all information and materials subpoenaed or compiled in connection with an investigation described by Subsection (a) may be used in a disciplinary proceeding against an educator based on an alleged incident of misconduct.


Added by Acts 2015, 84th Leg., R.S., Ch. 931 (H.B. 2205), Sec. 13, eff. September 1, 2015.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 178 (S.B. 7), Sec. 13, eff. September 1, 2017.


Sec. 21.063. TEACHER DESIGNATIONS ON CERTIFICATE. The board shall place on or remove from a teacher's certificate the appropriate designation issued to the teacher under Section 21.3521:


(1) after being notified by the agency of the issuance or removal of the designation; or


(2) if the board determines that removal of the designation is necessary because of action taken against the teacher's certificate.


Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.006, eff. June 12, 2019.


Sec. 21.064. LEGACY MASTER TEACHER CERTIFICATIONS. (a) The board shall recognize a master teacher certificate issued under former Section 21.0481, 21.0482, 21.0483, or 21.0484 until the certificate expires. The board shall note a designation of "legacy" on the certificate.


(b) A master teacher certificate described by Subsection (a) is not eligible for funding under the teacher incentive allotment under Section 48.112.


Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.006, eff. June 12, 2019.


SUBCHAPTER C. PROBATIONARY CONTRACTS



Sec. 21.101. DEFINITION. In this subchapter, "teacher" means a principal, supervisor, classroom teacher, school counselor, or other full-time professional employee who is required to hold a certificate issued under Subchapter B or a nurse. The term does not include a superintendent or a person who is not entitled to a probationary, continuing, or term contract under Section 21.002, an existing contract, or district policy.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 9, eff. June 14, 2013.


Sec. 21.102. PROBATIONARY CONTRACT. (a) Except as provided by Section 21.202(b), a person who is employed as a teacher by a school district for the first time, or who has not been employed by the district for two consecutive school years subsequent to August 28, 1967, shall be employed under a probationary contract. A person who previously was employed as a teacher by a district and, after at least a two-year lapse in district employment returns to district employment, may be employed under a probationary contract.


(a-1) A person who voluntarily accepts an assignment in a new professional capacity that requires a different class of certificate under Subchapter B than the class of certificate held by the person in the professional capacity in which the person was previously employed may be employed under a probationary contract. This subsection does not apply to a person who is returned by a school district to a professional capacity in which the person was employed by the district before the district employed the person in the new professional capacity as described by this subsection. A person described by this subsection who is returned to a previous professional capacity is entitled to be employed in the original professional capacity under the same contractual status as the status held by the person during the previous employment by the district in that capacity.


(b) A probationary contract may not be for a term exceeding one school year. The probationary contract may be renewed for two additional one-year periods, for a maximum permissible probationary contract period of three school years, except that the probationary period may not exceed one year for a person who has been employed as a teacher in public education for at least five of the eight years preceding employment by the district.


(c) An employment contract may not extend the probationary contract period beyond the end of the third consecutive school year of the teacher's employment by the school district unless, during the third year of a teacher's probationary contract, the board of trustees determines that it is doubtful whether the teacher should be given a continuing contract or a term contract. If the board makes that determination, the district may make a probationary contract with the teacher for a term ending with the fourth consecutive school year of the teacher's employment with the district, at which time the district shall:


(1) terminate the employment of the teacher; or


(2) employ the teacher under a continuing contract or a term contract as provided by Subchapter D or E, according to district policy.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 440, Sec. 1, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 1232, Sec. 1, eff. Sept. 1, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 5.002, eff. September 1, 2005.


Acts 2011, 82nd Leg., R.S., Ch. 1010 (H.B. 2380), Sec. 1, eff. June 17, 2011.


Sec. 21.103. PROBATIONARY CONTRACT: TERMINATION. (a) The board of trustees of a school district may terminate the employment of a teacher employed under a probationary contract at the end of the contract period if in the board's judgment the best interests of the district will be served by terminating the employment. The board of trustees must give notice of its decision to terminate the employment to the teacher not later than the 10th day before the last day of instruction required under the contract. The notice must be delivered personally by hand delivery to the teacher on the campus at which the teacher is employed, except that if the teacher is not present on the campus on the date that hand delivery is attempted, the notice must be mailed by prepaid certified mail or delivered by express delivery service to the teacher's address of record with the district. Notice that is postmarked on or before the 10th day before the last day of instruction is considered timely given under this subsection. The board's decision is final and may not be appealed.


(b) If the board of trustees fails to give the notice of its decision to terminate the teacher's employment within the time prescribed by Subsection (a), the board must employ the probationary teacher in the same capacity under:


(1) a probationary contract for the following school year, if the teacher has been employed by the district under a probationary contract for less than three consecutive school years; or


(2) a continuing or term contract, according to district policy, if the teacher has been employed by the district under a probationary contract for three consecutive school years.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 396, Sec. 2.05, eff. Sept. 1, 1999.


Amended by:


Acts 2011, 82nd Leg., 1st C.S., Ch. 8 (S.B. 8), Sec. 3, eff. September 28, 2011.


Sec. 21.104. DISCHARGE DURING YEAR OR SUSPENSION WITHOUT PAY UNDER PROBATIONARY CONTRACT. (a) A teacher employed under a probationary contract may be discharged at any time for good cause as determined by the board of trustees, good cause being the failure to meet the accepted standards of conduct for the profession as generally recognized and applied in similarly situated school districts in this state.


(b) In lieu of discharge or pending discharge, a school district may suspend a teacher without pay for good cause as specified by Subsection (a) for a period not to extend beyond the end of the current school year.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2011, 82nd Leg., 1st C.S., Ch. 8 (S.B. 8), Sec. 4, eff. September 28, 2011.


Sec. 21.1041. HEARING UNDER PROBATIONARY CONTRACT. A teacher is entitled to:


(1) a hearing as provided by Subchapter F, if the teacher is protesting proposed action under Section 21.104; or


(2) a hearing in a manner provided under Section 21.207 for nonrenewal of a term contract or a hearing provided by Subchapter F, as determined by the board of trustees of the district, if the teacher is protesting proposed action to terminate a probationary contract before the end of the contract period on the basis of a financial exigency declared under Section 44.011 that requires a reduction in personnel.


Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 8 (S.B. 8), Sec. 5, eff. September 28, 2011.


Sec. 21.105. RESIGNATIONS UNDER PROBATIONARY CONTRACT. (a) A teacher employed under a probationary contract for the following school year may relinquish the position and leave the employment of the district at the end of a school year without penalty by filing with the board of trustees or its designee a written resignation not later than the 45th day before the first day of instruction of the following school year. A written resignation mailed by prepaid certified or registered mail to the president of the board of trustees or the board's designee at the post office address of the district is considered filed at the time of mailing.


(b) A teacher employed under a probationary contract may resign, with the consent of the board of trustees or the board's designee, at any other time.


(c) On written complaint by the employing district, the State Board for Educator Certification may impose sanctions against a teacher employed under a probationary contract who:


(1) resigns;


(2) fails without good cause to comply with Subsection (a) or (b); and


(3) fails to perform the contract.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 21.106. RETURN TO PROBATIONARY STATUS. (a) In lieu of discharging a teacher employed under a continuing contract, terminating a teacher employed under a term contract, or not renewing a teacher's term contract, a school district may, with the written consent of the teacher, return the teacher to probationary contract status.


(b) Except as provided by Subsection (d), a teacher may agree to be returned to probationary contract status only after receiving written notice that the board of trustees of the school district has proposed discharge, termination, or nonrenewal.


(c) A teacher returned to probationary contract status must serve a new probationary contract period as provided by Section 21.102 as if the teacher were employed by the district for the first time.


(d) A teacher may agree to be returned to probationary contract status after receiving written notice of the superintendent's intent to recommend discharge, termination, or nonrenewal. Notice under this subsection must inform the teacher of the school district's offer to return the teacher to probationary contract status, the period during which the teacher may consider the offer, and the teacher's right to seek counsel. The district must provide the teacher at least three business days after the date the teacher receives notice under this subsection to agree to be returned to probationary contract status. This subsection does not require a superintendent to provide notice of an intent to recommend discharge, termination, or nonrenewal.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 507, Sec. 1, eff. Sept. 1, 2003.


SUBCHAPTER D. CONTINUING CONTRACTS



Sec. 21.151. DEFINITION. In this subchapter, "teacher" has the meaning assigned by Section 21.101.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 21.152. CONTINUING CONTRACT. A continuing contract must be in writing and must include the terms of employment prescribed by this subchapter and any other appropriate provisions consistent with this subchapter.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 21.153. CONVERSION OF PROBATIONARY CONTRACT TO CONTINUING CONTRACT. (a) A school district that employs a teacher under a probationary contract for the third or, if permitted, fourth consecutive year of service and that elects to employ the teacher in future years under a continuing contract shall notify the teacher in writing of the teacher's election to continuing contract status. The teacher must, not later than the 30th day after the date of notification, file with the superintendent of the school district written notification of the teacher's acceptance of the continuing contract, beginning with the school year following the conclusion of the teacher's period of probationary contract employment.


(b) If the teacher fails to accept the contract within the period prescribed by Subsection (a), the teacher is considered to have refused to accept the contract.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 21.154. STATUS UNDER CONTINUING CONTRACT. Each teacher employed under a continuing contract is entitled to continue in the teacher's position or a position with the school district for future school years without the necessity for annual nomination or reappointment until the person:


(1) resigns;


(2) retires under the Teacher Retirement System of Texas;


(3) is released from employment by the school district at the end of a school year because of necessary reduction of personnel as provided by Section 21.157;


(4) is discharged for good cause as defined by Section 21.156 and in accordance with the procedures provided by this chapter;


(5) is discharged for a reason stated in the teacher's contract that existed on or before September 1, 1995, and in accordance with the procedures prescribed by this chapter; or


(6) is returned to probationary status, as authorized by Section 21.106.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 21.155. ADMINISTRATIVE PERSONNEL UNDER CONTINUING CONTRACT. The district may grant to a person who has served as principal or in another administrative position for which certification is required, at the completion of the person's service in that capacity, a continuing contract to serve as a teacher if the person qualifies for that position under criteria adopted by the board of trustees. The period of service in an administrative capacity is construed as contract service as a teacher within the meaning of this subchapter.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 21.156. DISCHARGE OR SUSPENSION WITHOUT PAY UNDER CONTINUING CONTRACT. (a) A teacher employed under a continuing contract may be discharged at any time for good cause as determined by the board of trustees, good cause being the failure to meet the accepted standards of conduct for the profession as generally recognized and applied in similarly situated school districts in this state.


(b) In lieu of discharge or pending discharge, a school district may suspend a teacher without pay for good cause as specified by Subsection (a) for a period not to extend beyond the end of the current school year.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2011, 82nd Leg., 1st C.S., Ch. 8 (S.B. 8), Sec. 6, eff. September 28, 2011.


Sec. 21.157. NECESSARY REDUCTION OF PERSONNEL. A teacher employed under a continuing contract may be released at the end of a school year and the teacher's employment with the school district terminated at that time because of a necessary reduction of personnel by the school district, with those reductions made primarily based upon teacher appraisals administered under Section 21.352 in the specific teaching fields and other criteria as determined by the board.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2011, 82nd Leg., 1st C.S., Ch. 8 (S.B. 8), Sec. 7, eff. September 28, 2011.


Sec. 21.158. NOTICE UNDER CONTINUING CONTRACT. (a) Before a teacher employed under a continuing contract may be discharged, suspended without pay, or released because of a necessary reduction of personnel, the board of trustees must notify the teacher in writing of the proposed action and the grounds for the action.


(b) A teacher who is discharged or suspended without pay for actions related to the inability or failure of the teacher to perform assigned duties is entitled, as a matter of right, to a copy of each evaluation report or any other written memorandum that concerns the fitness or conduct of the teacher, by requesting in writing a copy of those documents.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 21.159. HEARING UNDER CONTINUING CONTRACT. (a) If the teacher desires to protest the proposed action under Section 21.156 or 21.157, the teacher must notify the board of trustees in writing not later than the 10th day after the date the teacher receives the notice under Section 21.158.


(b) A teacher who notifies the board of trustees within the time prescribed by Subsection (a) is entitled to:


(1) a hearing as provided by Subchapter F, if the teacher is protesting proposed action under Section 21.156; or


(2) a hearing in a manner provided under Section 21.207 for nonrenewal of a term contract or a hearing provided by Subchapter F, as determined by the board, if the teacher is protesting proposed action under Section 21.157 or proposed action to terminate a term contract at any time on the basis of a financial exigency declared under Section 44.011 that requires a reduction in personnel.


(c) If the teacher does not request a hearing within the time prescribed by Subsection (a), the board of trustees shall:


(1) take the appropriate action; and


(2) notify the teacher in writing of the action not later than the 30th day after the date the board sent the notice of the proposed action under Section 21.158.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2011, 82nd Leg., 1st C.S., Ch. 8 (S.B. 8), Sec. 8, eff. September 28, 2011.


Sec. 21.160. RESIGNATION UNDER CONTINUING CONTRACT. (a) A teacher employed under a continuing contract may relinquish the position and leave the employment of the district at the end of a school year without penalty by filing with the board of trustees or its designee a written resignation not later than the 45th day before the first day of instruction of the following school year. A written resignation mailed by prepaid certified or registered mail to the president of the board of trustees or the board's designee at the post office address of the district is considered filed at time of mailing.


(b) A teacher employed under a continuing contract may resign, with the consent of the board of trustees or the board's designee, at any other time.


(c) On written complaint by the employing district, the State Board for Educator Certification may impose sanctions against a teacher who is employed under a continuing contract that obligates the district to employ the person for the following school year and who:


(1) resigns;


(2) fails without good cause to comply with Subsection (a) or (b); and


(3) fails to perform the contract.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


SUBCHAPTER E. TERM CONTRACTS



Sec. 21.201. DEFINITIONS. In this subchapter:


(1) "Teacher" means a superintendent, principal, supervisor, classroom teacher, school counselor, or other full-time professional employee who is required to hold a certificate issued under Subchapter B or a nurse. The term does not include a person who is not entitled to a probationary, continuing, or term contract under Section 21.002, an existing contract, or district policy.


(2) "School district" means any public school district in this state.


(3) "Term contract" means any contract of employment for a fixed term between a school district and a teacher.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 10, eff. June 14, 2013.


Sec. 21.202. PROBATIONARY CONTRACT REQUIRED. (a) Except as provided by Subsection (b), before a teacher may be employed under a term contract, the teacher must be employed under a probationary contract for the period provided by Subchapter C.


(b) A school district may employ a person as a principal or classroom teacher under a term contract if the person has experience as a public school principal or classroom teacher, respectively, regardless of whether the person is being employed by the school district for the first time or whether a probationary contract would otherwise be required under Section 21.102.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 1232, Sec. 2, eff. Sept. 1, 2003.


Sec. 21.203. EMPLOYMENT POLICIES. (a) Except as provided by Section 21.352(c), the employment policies adopted by a board of trustees must require a written evaluation of each teacher at annual or more frequent intervals. The board must consider the most recent evaluations before making a decision not to renew a teacher's contract if the evaluations are relevant to the reason for the board's action.


(b) The employment policies must include reasons for not renewing a teacher's contract at the end of a school year.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 244, Sec. 1, eff. June 18, 2003.


Sec. 21.204. TERM CONTRACT. (a) A term contract must be in writing and must include the terms of employment prescribed by this subchapter.


(b) The board of trustees may include in the contract other provisions that are consistent with this subchapter.


(c) Each contract under this subchapter is subject to approval by the board of trustees.


(d) The board of trustees shall provide each teacher with a copy of the teacher's contract with the school district and, on the teacher's request, a copy of the board's employment policies. If the district has an Internet website, the district shall place the board's employment policies on that website. At each school in the district, the board shall make a copy of the board's employment policies available for inspection at a reasonable time on request.


(e) A teacher does not have a property interest in a contract beyond its term.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 484, Sec. 1, eff. Sept. 1, 2003.


Sec. 21.205. TERM OF CONTRACT. Once a teacher has completed the probationary contract period, the term of a contract under this subchapter may not exceed five school years.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 21.206. NOTICE OF CONTRACT RENEWAL OR NONRENEWAL. (a) Not later than the 10th day before the last day of instruction in a school year, the board of trustees shall notify in writing each teacher whose contract is about to expire whether the board proposes to renew or not renew the contract. The notice must be delivered personally by hand delivery to the teacher on the campus at which the teacher is employed, except that if the teacher is not present on the campus on the date that hand delivery is attempted, the notice must be mailed by prepaid certified mail or delivered by express delivery service to the teacher's address of record with the district. Notice that is postmarked on or before the 10th day before the last day of instruction is considered timely given under this subsection.


(b) The board's failure to give the notice required by Subsection (a) within the time specified constitutes an election to employ the teacher in the same professional capacity for the following school year.


(c) This section does not apply to a term contract with a superintendent.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2011, 82nd Leg., 1st C.S., Ch. 8 (S.B. 8), Sec. 9, eff. September 28, 2011.


Sec. 21.207. HEARING UNDER TERM CONTRACT. (a) If the teacher desires a hearing after receiving notice of the proposed nonrenewal, the teacher shall notify the board of trustees in writing not later than the 15th day after the date the teacher receives hand delivery of the notice of the proposed action, or if the notice is mailed by prepaid certified mail or delivered by express delivery service, not later than the 15th day after the date the notice is delivered to the teacher's address of record with the district. The board shall provide for a hearing to be held not later than the 15th day after the date the board receives the request for a hearing unless the parties agree in writing to a different date. The hearing must be closed unless the teacher requests an open hearing.


(b) The hearing must be conducted in accordance with rules adopted by the board. The board may use the process established under Subchapter F.


(b-1) Notwithstanding any other provision of this code, this subsection applies only to a school district with an enrollment of at least 5,000 students. The board of trustees may designate an attorney licensed to practice law in this state to hold the hearing on behalf of the board, to create a hearing record for the board's consideration and action, and to recommend an action to the board. The attorney serving as the board's designee may not be employed by a school district and neither the designee nor a law firm with which the designee is associated may be serving as an agent or representative of a school district, of a teacher in a dispute between a district and a teacher, or of an organization of school employees, school administrators, or school boards of trustees. Not later than the 15th day after the completion of the hearing under this subsection, the board's designee shall provide to the board a record of the hearing and the designee's recommendation of whether the contract should be renewed or not renewed. The board shall consider the record of the hearing and the designee's recommendation at the first board meeting for which notice can be posted in compliance with Chapter 551, Government Code, following the receipt of the record and recommendation from the board's designee, unless the parties agree in writing to a different date. At the meeting, the board shall consider the hearing record and the designee's recommendation and allow each party to present an oral argument to the board. The board by written policy may limit the amount of time for oral argument. The policy must provide equal time for each party. The board may obtain advice concerning legal matters from an attorney who has not been involved in the proceedings. The board may accept, reject, or modify the designee's recommendation. The board shall notify the teacher in writing of the board's decision not later than the 15th day after the date of the meeting.


(c) At the hearing before the board or the board's designee, the teacher may:


(1) be represented by a representative of the teacher's choice;


(2) hear the evidence supporting the reason for nonrenewal;


(3) cross-examine adverse witnesses; and


(4) present evidence.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2011, 82nd Leg., 1st C.S., Ch. 8 (S.B. 8), Sec. 10, eff. September 28, 2011.


Sec. 21.208. DECISION OF BOARD. (a) If the teacher does not request a hearing, the board of trustees shall:


(1) take the appropriate action to renew or not renew the teacher's contract; and


(2) notify the teacher in writing of that action not later than the 30th day after the date the notice of proposed nonrenewal was sent to the teacher.


(b) If the teacher requests a hearing, following the hearing the board of trustees shall:


(1) take the appropriate action to renew or not renew the teacher's contract; and


(2) notify the teacher in writing of that action not later than the 15th day after the date on which the hearing is concluded.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 21.209. APPEAL. A teacher who is aggrieved by a decision of a board of trustees on the nonrenewal of the teacher's term contract may appeal to the commissioner for a review of the decision of the board of trustees in accordance with the provisions of Subchapter G. The commissioner may not substitute the commissioner's judgment for that of the board of trustees unless the board's decision was arbitrary, capricious, unlawful, or not supported by substantial evidence.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 21.210. RESIGNATION UNDER TERM CONTRACT. (a) A teacher employed under a term contract with a school district may relinquish the teaching position and leave the employment of the district at the end of a school year without penalty by filing a written resignation with the board of trustees or the board's designee not later than the 45th day before the first day of instruction of the following school year. A written resignation mailed by prepaid certified or registered mail to the president of the board of trustees or the board's designee at the post office address of the district is considered filed at the time of mailing.


(b) A teacher employed under a term contract may resign, with the consent of the board of trustees or the board's designee, at any other time.


(c) On written complaint by the employing district, the State Board for Educator Certification may impose sanctions against a teacher who is employed under a term contract that obligates the district to employ the person for the following school year and who:


(1) resigns;


(2) fails without good cause to comply with Subsection (a) or (b); and


(3) fails to perform the contract.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 21.211. TERMINATION OR SUSPENSION. (a) The board of trustees may terminate a term contract and discharge a teacher at any time for:


(1) good cause as determined by the board; or


(2) a financial exigency that requires a reduction in personnel.


(b) For a good cause, as determined by the board, the board of trustees may suspend a teacher without pay for a period not to extend beyond the end of the school year:


(1) pending discharge of the teacher; or


(2) in lieu of terminating the teacher.


(c) A teacher who is not discharged after being suspended without pay pending discharge is entitled to back pay for the period of suspension.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 21.212. APPLICABILITY OF SUBCHAPTER TO SUPERINTENDENTS. (a) The board of trustees of a school district may choose to not renew the employment of a superintendent employed under a term contract, effective at the end of the contract period. If a majority of the board of trustees determines that the term contract of the superintendent should be considered for nonrenewal, the board shall give the superintendent written notice, containing reasonable notice of the reason for the proposed nonrenewal, not later than the 30th day before the last day of the contract term.


(b) If the board of trustees fails to give notice of the proposed nonrenewal within the time specified by Subsection (a), the board of trustees shall employ the superintendent in the same professional capacity for the following school year.


(c) If the superintendent, not later than the 15th day after receiving notice of the board's proposed action, does not request a hearing with the board of trustees under Section 21.207, the board of trustees shall:


(1) take the appropriate action; and


(2) notify the superintendent in writing of the action not later than the 30th day after the date the board sends the notice of the proposed nonrenewal.


(d) The board of trustees shall adopt policies that establish reasons for nonrenewal. This section does not prohibit a board of trustees from discharging a superintendent for good cause during the term of a contract.


(e) A superintendent employed under a term contract may leave the employment of the district at the end of a school year without penalty by filing a written resignation with the board of trustees. The resignation must be addressed to the board and filed not later than the 45th day before the first day of instruction of the following school year. A superintendent may resign, with the consent of the board of trustees, at any other time.


(f) On the basis of a financial exigency declared under Section 44.011 that requires a reduction in personnel, the board of trustees of a school district may choose to amend the terms of the contract of a superintendent employed under a term contract. A superintendent whose contract is amended under this subsection may resign without penalty by providing reasonable notice to the board and may continue employment for that notice period under the prior contract.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2011, 82nd Leg., 1st C.S., Ch. 8 (S.B. 8), Sec. 11, eff. September 28, 2011.


Sec. 21.213. NONAPPLICABILITY OF SUBCHAPTER. Except as provided by Section 21.202, this subchapter does not apply to a teacher employed under a probationary contract in accordance with Subchapter C or a continuing contract in accordance with Subchapter D.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


SUBCHAPTER F. HEARINGS BEFORE HEARING EXAMINERS



Sec. 21.251. APPLICABILITY. (a) This subchapter applies if a teacher requests a hearing after receiving notice of the proposed decision to:


(1) terminate the teacher's continuing contract at any time, except as provided by Subsection (b)(3);


(2) terminate the teacher's probationary or term contract before the end of the contract period, except as provided by Subsection (b)(3); or


(3) suspend the teacher without pay.


(b) This subchapter does not apply to:


(1) a decision to terminate a teacher's employment at the end of a probationary contract;


(2) a decision not to renew a teacher's term contract, unless the board of trustees of the employing district has decided to use the process prescribed by this subchapter for that purpose; or


(3) a decision, on the basis of a financial exigency declared under Section 44.011 that requires a reduction in personnel, to terminate a probationary or term contract before the end of the contract period or to terminate a continuing contract at any time, unless the board of trustees has decided to use the process prescribed by this subchapter for that purpose.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2011, 82nd Leg., 1st C.S., Ch. 8 (S.B. 8), Sec. 12, eff. September 28, 2011.


Sec. 21.252. CERTIFICATION OF HEARING EXAMINERS. (a) The State Board of Education, in consultation with the State Office of Administrative Hearings, by rule shall establish criteria for the certification of hearing examiners eligible to conduct hearings under this subchapter. A hearing examiner certified under this subchapter must be licensed to practice law in this state.


(b) The commissioner shall certify hearing examiners according to the criteria established under Subsection (a). A person certified as a hearing examiner or the law firm with which the person is associated may not serve as an agent or representative of:


(1) a school district;


(2) a teacher in any dispute with a school district; or


(3) an organization of school employees, school administrators, or school boards.


(c) The commissioner shall set hourly rates of compensation for a hearing examiner and shall set a maximum amount of compensation a hearing examiner may receive for a hearing.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 21.253. REQUEST FOR HEARING. (a) A teacher must file a written request for a hearing under this subchapter with the commissioner not later than the 15th day after the date the teacher receives written notice of the proposed action. The teacher must provide the district with a copy of the request and must provide the commissioner with a copy of the notice.


(b) The parties may agree in writing to extend by not more than 10 days the deadline for requesting a hearing.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 201, Sec. 12, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 902, Sec. 1, eff. June 20, 2003.


Sec. 21.254. ASSIGNMENT OF HEARING EXAMINER. (a) The commissioner shall maintain a list of the names of all persons who have been certified as hearing examiners. The list shall be initially prepared in a random order, and subsequent additions to the list shall be added chronologically.


(b) The commissioner shall assign the hearing examiner for a particular case by selecting the next person named on the list who resides within reasonable proximity to the district as determined by the commissioner. The commissioner may not change the order of names once the order is established under this section, except that once each hearing examiner on the list has been assigned to a case, the names shall be randomly reordered.


(c) If a hearing examiner is not selected by the parties to a pending case under Subsection (e), the commissioner shall assign a hearing examiner to the case not earlier than the sixth business day and not later than the 10th business day after the date on which the commissioner receives the request for a hearing. When a hearing examiner has been assigned to a case, the commissioner shall immediately notify the parties.


(d) The parties may agree to reject a hearing examiner for any reason and either party is entitled to reject the assigned hearing examiner for cause. A rejection must be in writing and filed with the commissioner not later than the third day after the date of notification of the hearing examiner's assignment. If the parties agree to reject the hearing examiner or if the commissioner determines that one party has good cause to reject the hearing examiner, the commissioner shall assign another hearing examiner as provided by Subsection (b). If neither party makes a timely rejection, the assignment is final.


(e) After the teacher receives the notice of the proposed action, the parties by agreement may select a hearing examiner from the list maintained by the commissioner under Subsection (a) or a person who is not certified to serve as a hearing examiner. A person who is not a certified hearing examiner may be selected only if the person is licensed to practice law in this state. If the parties agree on a hearing examiner, the parties shall, before the date the commissioner is permitted to assign a hearing examiner, notify the commissioner in writing of the agreement, including the name of the hearing examiner selected.


(f) After the teacher receives the notice of the proposed action, the teacher and the district may agree in writing that the decision of the hearing examiner will be final and nonappealable on all or some issues.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 201, Sec. 13, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 902, Sec. 2, eff. June 20, 2003.


Sec. 21.255. HEARINGS BEFORE HEARING EXAMINER. (a) The hearing examiner may issue subpoenas at the request of either party for the attendance of witnesses and the production of documents at the hearing and may administer oaths, rule on motions and the admissibility of evidence, maintain decorum by closing the hearing or taking other appropriate action, schedule and recess the proceedings, and make any other orders as provided by rules adopted by the commissioner. The hearing examiner may issue a subpoena for the attendance of a person who is not an employee of the district only if the party requesting the issuance of the subpoena shows good cause for the subpoena. The hearing must be held within the geographical boundaries of the school district or at the regional education service center that serves the district.


(b) A hearing examiner may allow either party to take one or more depositions or to use other means of discovery before the hearing. The hearing examiner, at the request of either party, may issue subpoenas for the attendance of witnesses and the production of documents at the deposition. The hearing examiner may issue a subpoena for the deposition of any person who is not an employee of the district only if the party requesting the issuance of the subpoena shows good cause for the subpoena. The deposition must be held within the geographical boundaries of the school district or at the regional education service center that serves the district.


(c) A procedure specified in this section may be changed or eliminated by written agreement of the teacher and the school district after the teacher receives the written notice of the proposed action.


(d) If the hearing examiner is unable to continue presiding over a case at any time before issuing a recommendation or decision, the parties shall request the assignment of another hearing examiner under Section 21.254 who, after a review of the record, shall perform any remaining functions without the necessity of repeating any previous proceedings.


(e) The school district shall bear the cost of the services of the hearing examiner and certified shorthand reporter at the hearing and the production of any original hearing transcript. Each party shall bear its respective costs, including the cost of discovery, if any, and attorney's fees.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 21.256. CONDUCT OF HEARING. (a) A hearing under this subchapter must be private unless the teacher requests in writing that the hearing be public, except that a hearing examiner may close a hearing if necessary to maintain decorum.


(b) The hearing is not subject to Chapter 2001, Government Code.


(c) At the hearing, a teacher has the right to:


(1) be represented by a representative of the teacher's choice;


(2) hear the evidence on which the charges are based;


(3) cross-examine each adverse witness; and


(4) present evidence.


(d) The Texas Rules of Evidence apply at the hearing. A certified shorthand reporter shall record the hearing.


(e) The hearing shall be conducted in the same manner as a trial without a jury in a district court of this state. The hearing examiner's findings of fact and conclusions of law shall be presumed to be based only on admissible evidence.


(f) To protect the privacy of a witness who is a child, the hearing examiner may:


(1) close the hearing to receive the testimony of the witness; or


(2) order that the testimony or a statement of the witness be presented using the procedures prescribed by Article 38.071, Code of Criminal Procedure.


(g) An evaluation or appraisal of the teacher is presumed to be admissible at the hearing.


(h) At the hearing, the school district has the burden of proof by a preponderance of the evidence.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 5.003, eff. September 1, 2005.


Sec. 21.257. RECOMMENDATION OF HEARING EXAMINER. (a) Not later than the 60th day after the date on which the commissioner receives a teacher's written request for a hearing, the hearing examiner shall complete the hearing and make a written recommendation that:


(1) includes proposed findings of fact and conclusions of law; and


(2) may include a proposal for granting relief.


(a-1) A determination by the hearing examiner regarding good cause for the suspension of a teacher without pay or the termination of a probationary, continuing, or term contract is a conclusion of law and may be adopted, rejected, or changed by the board of trustees or board subcommittee as provided by Section 21.259(b).


(b) The proposed relief under Subsection (a)(2) may include reinstatement, back pay, or employment benefits but may not include attorney's fees or other costs associated with the hearing or appeals from the hearing.


(c) The parties may agree in writing to extend by not more than 45 days the right to a recommendation by the date prescribed by Subsection (a). A hearing under this section may not be held on a Saturday, Sunday, or a state or federal holiday, unless all parties agree.


(d) The hearing examiner shall send a copy of the recommendation to each party, the president of the board of trustees, and the commissioner.


(e) A hearing examiner who fails to timely issue a written recommendation or decision may not be assigned by the commissioner to conduct additional hearings for a period not to exceed one year.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 201, Sec. 14, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 902, Sec. 3, eff. June 20, 2003.


Amended by:


Acts 2011, 82nd Leg., 1st C.S., Ch. 8 (S.B. 8), Sec. 13, eff. September 28, 2011.


Sec. 21.258. CONSIDERATION OF RECOMMENDATION BY BOARD OF TRUSTEES OR BOARD SUBCOMMITTEE. (a) The board of trustees or a subcommittee designated by the board shall consider the recommendation and record of the hearing examiner at the first board meeting for which notice can be posted in compliance with Chapter 551, Government Code, following the issuance of the recommendation. The meeting must be held not later than the 20th day after the date that the president of the board receives the hearing examiner's recommendation and the record of the hearing.


(b) At the meeting, the board of trustees or board subcommittee shall consider the hearing examiner's recommendation and shall allow each party to present an oral argument to the board or subcommittee. The board by written policy may limit the amount of time for oral argument. The policy must provide equal time for each party.


(c) The board of trustees or board subcommittee may obtain advice concerning legal matters from an attorney who has not been involved in the proceedings.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 21.259. DECISION OF BOARD OF TRUSTEES OR BOARD SUBCOMMITTEE. (a) Not later than the 10th day after the date of the board meeting under Section 21.258, the board of trustees or board subcommittee shall announce a decision that:


(1) includes findings of fact and conclusions of law; and


(2) may include a grant of relief.


(b) The board of trustees or board subcommittee may adopt, reject, or change the hearing examiner's:


(1) conclusions of law, including a determination regarding good cause for suspension without pay or termination; or


(2) proposal for granting relief.


(c) The board of trustees or board subcommittee may reject or change a finding of fact made by the hearing examiner only after reviewing the record of the proceedings before the hearing examiner and only if the finding of fact is not supported by substantial evidence.


(d) The board of trustees or board subcommittee shall state in writing the reason and legal basis for a change or rejection made under this section.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2011, 82nd Leg., 1st C.S., Ch. 8 (S.B. 8), Sec. 14, eff. September 28, 2011.


Sec. 21.260. RECORDING OF BOARD MEETING AND ANNOUNCEMENT. A certified shorthand reporter shall record the oral argument under Section 21.258 and the announcement of the decision under Section 21.259. The school district shall bear the cost of the services of the certified shorthand reporter.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


SUBCHAPTER G. APPEALS TO COMMISSIONER OF EDUCATION



Sec. 21.301. APPEAL TO COMMISSIONER. (a) Not later than the 20th day after the date the board of trustees or board subcommittee announces its decision under Section 21.259 or the board advises the teacher of its decision not to renew the teacher's contract under Section 21.208, the teacher may appeal the decision by filing a petition for review with the commissioner.


(b) The school district must file a response not later than the 20th day after the date the petition for review is filed. The record of the local hearing must be filed with the district's response or be filed alone within the period for a response if the district does not file a response. A school district's filing of the record with the commissioner under this subsection is not an offense under Section 551.146, Government Code.


(c) The commissioner shall review the record of the hearing before the hearing examiner and the oral argument before the board of trustees or board subcommittee. Except as provided in Section 21.302, the commissioner shall consider the appeal solely on the basis of the local record and may not consider any additional evidence or issue. The commissioner, on the motion of a party or on the commissioner's motion, may hear oral argument. The commissioner shall accept written argument.


(d) In conducting a hearing under this section, the commissioner has the same authority relating to discovery and conduct of a hearing as a hearing examiner has under Subchapter F.


(e) The commissioner may adopt rules governing the conduct of an appeal to the commissioner. An appeal to the commissioner under this section is not subject to Chapter 2001, Government Code.


(f) The commissioner may obtain advice concerning legal matters from the chief legal officer of the agency if the chief legal officer has not been involved in the proceedings.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 895, Sec. 2, eff. June 14, 2001.


Sec. 21.302. EVIDENTIARY HEARING BEFORE COMMISSIONER. (a) If a party alleges that procedural irregularities that are not reflected in the local record occurred at the hearing before the hearing examiner, the commissioner may hold a hearing for the presentation of evidence on that issue. The party alleging that procedural irregularities occurred shall identify the specific alleged defect and its claimed effect on the board's or board subcommittee's decision. The commissioner may make appropriate orders consistent with rules adopted by the commissioner. The commissioner's determination on any alleged procedural irregularities is final and may not be appealed.


(b) A hearing under this section shall be recorded by a certified shorthand reporter.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 21.303. DETERMINATION BY COMMISSIONER. (a) If the board of trustees decided not to renew a teacher's term contract, the commissioner may not substitute the commissioner's judgment for that of the board of trustees unless the decision was arbitrary, capricious, or unlawful or is not supported by substantial evidence.


(b) If the board of trustees terminated a teacher's probationary, continuing, or term contract during the contract term or suspended a teacher without pay, the commissioner may not substitute the commissioner's judgment for that of the board unless:


(1) if the board accepted the hearing examiner's findings of fact without modification, the decision is arbitrary, capricious, or unlawful or is not supported by substantial evidence; or


(2) if the board modified the hearing examiner's findings of fact, the decision is arbitrary, capricious, or unlawful or the hearing examiner's original findings of fact are not supported by substantial evidence.


(c) The commissioner may not reverse a decision of a board of trustees based on a procedural irregularity or error by a hearing examiner, the board of trustees, or a board subcommittee unless the commissioner determines that the irregularity or error was likely to have led to an erroneous decision by the board or board subcommittee.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 21.304. DECISION OF COMMISSIONER. (a) The commissioner's decision must be in writing and must include findings of fact and conclusions of law. The commissioner may adopt by reference and incorporate findings of fact or conclusions of law from the local record.


(b) The commissioner must issue a decision not later than the 30th day after the last day on which a response to the petition for review may be filed under Section 21.301(b). If the commissioner fails to issue a decision within that time, the decision of the board is affirmed.


(c) The commissioner shall send a copy of the decision to each party or the party's representative by certified mail. The commissioner shall keep a record of the mailing. A party is presumed to be notified of the decision on the date the decision is received, as indicated by the certified mail return receipt.


(d) The commissioner shall maintain and index decisions of the commissioner issued under this section with the recommendations or decisions of the hearing examiner.


(e) If the commissioner reverses the action of the board of trustees, the commissioner shall order the school district to reinstate the teacher and to pay the teacher any back pay and employment benefits from the time of discharge or suspension to reinstatement.


(f) Instead of reinstating a teacher under Subsection (e), the school district may pay the teacher one year's salary to which the teacher would have been entitled from the date on which the teacher would have been reinstated.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 21.3041. REHEARING BY COMMISSIONER. (a) Not later than the 20th day after the date the party or the party's representative receives notice of the commissioner's decision under Section 21.304, the party may file a request for rehearing.


(b) A request for rehearing is not required for a party to appeal the commissioner's decision under Section 21.307.


(c) A request for rehearing is denied by operation of law if the commissioner does not issue an order before the 45th day after the date the party or the party's representative receives notice of the commissioner's decision.


Added by Acts 2003, 78th Leg., ch. 201, Sec. 15, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 902, Sec. 4, eff. June 20, 2003.


Sec. 21.305. COSTS ON APPEAL TO COMMISSIONER. (a) If a teacher appeals the decision of the board of trustees or board subcommittee, the school district shall bear the cost of preparing the original transcripts of:


(1) the hearing before the hearing examiner; and


(2) the oral argument before the board of trustees or board subcommittee.


(b) Each party shall bear the cost of any copy of the transcript requested by that party.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 21.306. EX PARTE COMMUNICATIONS PROHIBITED. The commissioner and the staff of the agency may not communicate with any party or any party's representative in connection with any issue of fact or law except on notice and opportunity for each party to participate.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 21.307. JUDICIAL APPEALS. (a) Either party may appeal the commissioner's decision to:


(1) a district court in the county in which the district's central administrative offices are located; or


(2) if agreed by all parties, a district court in Travis County.


(b) An appeal under this section must be perfected not later than the 30th day after:


(1) the date the party or the party's representative receives notice of the commissioner's decision or the date on which the decision of the board of trustees is affirmed by operation of law if the commissioner fails to issue a decision within the required period; or


(2) if a request for rehearing is filed under Section 21.3041, the date on which the request is denied by order of the commissioner or by operation of law under Section 21.3041(c).


(c) The commissioner and each party to the appeal to the commissioner must be made a party to an appeal under this section.


(d) The perfection of an appeal under this section does not affect the enforcement of the commissioner's decision.


(e) The court shall, under the substantial evidence rule, review the evidence on the evidentiary record made at the local level and any evidence taken by the commissioner but may not take additional evidence.


(f) The court may not reverse the decision of the commissioner unless the decision was not supported by substantial evidence or unless the commissioner's conclusions of law are erroneous.


(g) The court may not reverse a decision of the commissioner based on a procedural irregularity or error by a hearing examiner, a board of trustees or board subcommittee, or the commissioner unless the court determines that the irregularity or error was likely to have led to an erroneous decision by the commissioner.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 201, Sec. 16, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 902, Sec. 5, eff. June 20, 2003.


SUBCHAPTER H. APPRAISALS AND INCENTIVES



Sec. 21.351. RECOMMENDED APPRAISAL PROCESS AND PERFORMANCE CRITERIA. (a) The commissioner shall adopt a recommended appraisal process and criteria on which to appraise the performance of teachers. The criteria must be based on observable, job-related behavior, including:


(1) teachers' implementation of discipline management procedures; and


(2) the performance of teachers' students.


(a-1) In adopting criteria described by Subsection (a)(1), the commissioner shall ensure that a teacher may not be assigned an area of deficiency in an appraisal solely on the basis of disciplinary referrals made by the teacher or documentation regarding student conduct submitted by the teacher under Section 37.002. This subsection does not prohibit a teacher from being assigned an area of deficiency based on documented evidence of a deficiency in classroom management obtained through observation or a substantiated report.


(b) The commissioner shall solicit and consider the advice of teachers in developing the recommended appraisal process and performance criteria.


(c) Under the recommended appraisal process, an appraiser must be the teacher's supervisor or a person approved by the board of trustees. An appraiser who is a classroom teacher may not appraise the performance of another classroom teacher who teaches at the same school campus at which the appraiser teaches, unless it is impractical because of the number of campuses or unless the appraiser is the chair of a department or grade level whose job description includes classroom observation responsibilities.


(d) Under the recommended appraisal process, appraisal for teachers must be detailed by category of professional skill and characteristic and must provide for separate ratings for each category. The appraisal process shall guarantee a conference between the teacher and the appraiser. The conference shall be diagnostic and prescriptive with regard to remediation needed in overall performance and by category.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 630 (S.B. 1451), Sec. 1, eff. June 10, 2019.


Sec. 21.352. LOCAL ROLE. (a) In appraising teachers, each school district shall use:


(1) the appraisal process and performance criteria developed by the commissioner; or


(2) an appraisal process and performance criteria:


(A) developed by the district- and campus-level committees established under Section 11.251;


(B) containing the items described by Sections 21.351(a)(1) and (2); and


(C) adopted by the board of trustees.


(a-1) A school district may not assign an area of deficiency to a teacher solely on the basis of disciplinary referrals made by the teacher or documentation regarding student conduct submitted by the teacher under Section 37.002. This subsection does not prohibit a teacher from being assigned an area of deficiency based on documented evidence of a deficiency in classroom management obtained through observation or a substantiated report.


(b) The board of trustees may reject an appraisal process and performance criteria developed by the district- and campus-level committees but may not modify the process or criteria.


(c) Except as otherwise provided by this subsection, appraisal must be done at least once for each school year. A teacher may be appraised less frequently if the teacher agrees in writing and the teacher's most recent evaluation rated the teacher as at least proficient, or the equivalent, and did not identify any area of deficiency. A teacher who is appraised less frequently than annually must be appraised at least once during each period of five school years. The district shall maintain a written copy of the evaluation of each teacher's performance in the teacher's personnel file. Each teacher is entitled to receive a written copy of the evaluation promptly on its completion. After receiving a written copy of the evaluation, a teacher is entitled to a second appraisal by a different appraiser or to submit a written rebuttal to the evaluation to be attached to the evaluation in the teacher's personnel file. The evaluation and any rebuttal may be given to another school district at which the teacher has applied for employment at the request of that district.


(c-1) In addition to conducting a complete appraisal as frequently as required by Subsection (c), a school district shall require that appropriate components of the appraisal process, such as classroom observations and walk-throughs, occur more frequently as necessary to ensure that a teacher receives adequate evaluation and guidance. A school district shall give priority to conducting appropriate components more frequently for inexperienced teachers or experienced teachers with identified areas of deficiency.


(d) A teacher may be given advance notice of the date or time of an appraisal, but advance notice is not required.


(e) A district shall use a teacher's consecutive appraisals from more than one year, if available, in making the district's employment decisions and developing career recommendations for the teacher.


(f) The district shall notify a teacher of the results of any appraisal of the teacher in a timely manner so that the appraisal may be used as a developmental tool by the district and the teacher to improve the overall performance of the teacher.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 244, Sec. 2, eff. June 18, 2003.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 1282 (H.B. 2012), Sec. 6, eff. September 1, 2013.


Acts 2019, 86th Leg., R.S., Ch. 630 (S.B. 1451), Sec. 2, eff. June 10, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.007, eff. June 12, 2019.


Sec. 21.3521. LOCAL OPTIONAL TEACHER DESIGNATION SYSTEM. (a) Subject to Subsection (b), a school district or open-enrollment charter school may designate a certified classroom teacher as a master, exemplary, or recognized teacher for a five-year period based on the results from single year or multiyear appraisals that comply with Section 21.351 or 21.352.


(b) The commissioner shall establish performance and validity standards for each local optional teacher designation system. The performance standards:


(1) must provide a mathematical possibility that all teachers eligible for a designation may earn the designation; and


(2) may not require a district to use an assessment instrument adopted under Section 39.023 to evaluate teacher performance.


(c) Notwithstanding performance standards established under Subsection (b), a classroom teacher that holds a National Board Certification issued by the National Board for Professional Teaching Standards may be designated as recognized.


(d) The commissioner shall:


(1) ensure that local optional teacher designation systems:


(A) meet the requirements of this section; and


(B) prioritize high needs campuses; and


(2) enter into a memorandum of understanding with Texas Tech University to monitor the quality and fairness of local optional teacher designation systems.


(e) The agency shall develop and provide technical assistance for school districts and open-enrollment charter schools that request assistance in implementing a local optional teacher designation system, including assistance in prioritizing high needs campuses.


(f) A teacher has no vested property right in a teacher designation assigned to the teacher under this section. A teacher designation issued under this section is void in the determination that the designation was issued improperly. Subchapters C through H, Chapter 2001, Government Code, do not apply to the voiding of a teacher designation under this subsection.


(g) The agency shall periodically conduct evaluations of the effectiveness of the local optional teacher designation systems under this section and the teacher incentive allotment under Section 48.112 and report the results of the evaluations to the legislature. A school district or open-enrollment charter school that has implemented a local optional teacher designation system or received funds under the teacher incentive allotment shall participate in the evaluations.


(h) The agency shall collect information necessary to implement this section. Information otherwise confidential remains confidential and is not subject to Chapter 552, Government Code.


(i) The commissioner may adopt fees to implement this section. A fee adopted by the agency under this section is not subject to Sections 2001.0045 and 2001.0221, Government Code.


(j) The commissioner may adopt rules to implement this section. A decision made by the commissioner under this section is final and may not be appealed.


Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.008, eff. June 12, 2019.


Sec. 21.353. APPRAISAL ON BASIS OF CLASSROOM TEACHING PERFORMANCE. A teacher who directs extracurricular activities in addition to performing classroom teaching duties shall be appraised only on the basis of classroom teaching performance and not on performance in connection with the extracurricular activities.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 21.354. APPRAISAL OF CERTAIN ADMINISTRATORS. (a) The commissioner shall adopt a recommended appraisal process and criteria on which to appraise the performance of various classifications of school administrators. The criteria must be based on job-related performance.


(a-1) This section does not apply to the appraisal of the performance of a principal.


(b) The commissioner may solicit and consider the advice of teachers and administrators in developing the appraisal process and performance criteria.


(c) Each school district shall appraise each administrator annually using either:


(1) the commissioner's recommended appraisal process and performance criteria; or


(2) an appraisal process and performance criteria:


(A) developed by the district in consultation with the district- and campus-level committees established under Section 11.251; and


(B) adopted by the board of trustees.


(d) Funds of a school district may not be used to pay an administrator who has not been appraised under this section in the preceding 15 months.


(e) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1093, Sec. 5, eff. June 17, 2011.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 21, eff. June 19, 2009.


Acts 2011, 82nd Leg., R.S., Ch. 1093 (S.B. 1383), Sec. 1, eff. June 17, 2011.


Acts 2011, 82nd Leg., R.S., Ch. 1093 (S.B. 1383), Sec. 2, eff. June 17, 2011.


Acts 2011, 82nd Leg., R.S., Ch. 1093 (S.B. 1383), Sec. 5, eff. June 17, 2011.


Sec. 21.3541. APPRAISAL AND PROFESSIONAL DEVELOPMENT SYSTEM FOR PRINCIPALS. (a) The commissioner by rule shall establish and shall administer a comprehensive appraisal and professional development system for principals.


(b) The commissioner may establish a consortium of nationally recognized experts on educational leadership and policy to:


(1) assist the commissioner in effectively researching and developing the comprehensive appraisal and professional development system described by Subsection (a); and


(2) evaluate relevant research and practices and make recommendations to the commissioner to improve the quality of the training, appraisal, professional development, and compensation of principals.


(c) If the commissioner establishes the consortium, the commissioner shall select a presiding officer of the consortium. The presiding officer:


(1) must be an expert on educational leadership and policy;


(2) must have a demonstrated ability to lead a statewide school leadership reform initiative; and


(3) may not be employed by a school district in this state.


(d) The commissioner shall establish school leadership standards and a set of indicators of successful school leadership to align with the training, appraisal, and professional development of principals.


(e) In carrying out the commissioner's powers and duties under this section, the commissioner may use only money available from private sources that may be used for that purpose.


(f) In appraising principals, each school district shall use either:


(1) the appraisal system and school leadership standards and indicators developed or established by the commissioner under this section; or


(2) an appraisal process and performance criteria:


(A) developed by the district in consultation with the district-level and campus-level committees established under Section 11.251; and


(B) adopted by the board of trustees.


(g) Each school district shall appraise each principal annually.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1093 (S.B. 1383), Sec. 3, eff. June 17, 2011.


Sec. 21.355. CONFIDENTIALITY. (a) A document evaluating the performance of a teacher or administrator is confidential and is not subject to disclosure under Chapter 552, Government Code.


(b) Subsection (a) applies to a teacher or administrator employed by an open-enrollment charter school regardless of whether the teacher or administrator is certified under Subchapter B.


(c) At the request of a school district, open-enrollment charter school, or private school at which a teacher or administrator has applied for employment, a school district or an open-enrollment charter school shall give the requesting district or school a document evaluating the performance of a teacher or administrator employed by the school.


(d) A school district or open-enrollment charter school shall give the agency a document evaluating the performance of a teacher or administrator employed by the district or school for purposes of an investigation conducted by the agency.


(e) Notwithstanding Subsection (a) and except as otherwise provided by a court order prohibiting disclosure, a document provided to the agency under Subsection (d) may be used in a disciplinary proceeding against a teacher or administrator if the document may be admitted under rules of evidence applicable to a contested case, as provided by Section 2001.081, Government Code.


(f) A document provided to the agency under Subsection (d) remains confidential unless the document becomes part of the record in a contested case under Chapter 2001, Government Code.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 1305 (H.B. 2971), Sec. 1, eff. June 17, 2011.


Acts 2017, 85th Leg., R.S., Ch. 178 (S.B. 7), Sec. 14, eff. September 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 986 (S.B. 1230), Sec. 5, eff. September 1, 2019.


Sec. 21.356. EVALUATION OF SCHOOL COUNSELORS. The commissioner shall develop and periodically update a job description and an evaluation form for use by school districts in evaluating school counselors. The commissioner shall consult with state guidance counselor associations in the development and modification of the job description and the evaluation form.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 21.357. PERFORMANCE INCENTIVES. (a) The commissioner shall design an objective system to evaluate principals that:


(1) is based on types of information available as of January 1, 1995, through the Public Education Information Management System (PEIMS) and the state's public school accountability system;


(2) focuses on gain at a principal's campus and includes a statistical analysis comparing current campus performance to previous performance; and


(3) does not include subjective items.


(b) From funds appropriated for that purpose, the commissioner may award performance incentives to principals identified through the evaluation system as high-performing. Based on available appropriations, for each fiscal year, a performance incentive may not exceed:


(1) $5,000, for a principal ranked in the top quartile; or


(2) $2,500, for a principal ranked in the second quartile.


(c) A performance incentive awarded to a principal under this section must be distributed to the principal's school and used in the manner determined by the campus-level committee established under Section 11.253 in accordance with the requirements of Section 39.264(a).


(d) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(8), eff. June 17, 2011.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 824, Sec. 1, eff. Sept. 1, 1997.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 22, eff. June 19, 2009.


Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(8), eff. June 17, 2011.


SUBCHAPTER I. DUTIES AND BENEFITS



Sec. 21.401. MINIMUM SERVICE REQUIRED. (a) A contract between a school district and an educator must be for a minimum of 10 months' service.


(b) Except as provided by Subsection (c-1), an educator employed under a 10-month contract must provide a minimum of 187 days of service.


(c) The commissioner, as provided by Section 25.081(b), may reduce the number of days of service required by this section. A reduction by the commissioner does not reduce an educator's salary.


(c-1) If a school district anticipates providing less than 180 days of instruction for students during a school year, as indicated by the district's academic calendar, the district may reduce the number of days of service required by this section proportionately. A reduction by the district does not reduce an educator's salary.


(d) Subsections (a) and (b) do not apply to a contract between a school district and an educational diagnostician.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 592, Sec. 1.05, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 949, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 396, Sec. 1.30, eff. Sept. 1, 1999.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 82 (S.B. 158), Sec. 2, eff. September 1, 2007.


Acts 2019, 86th Leg., R.S., Ch. 673 (S.B. 2073), Sec. 1, eff. June 10, 2019.


Sec. 21.402. MINIMUM SALARY SCHEDULE FOR CERTAIN PROFESSIONAL STAFF. (a) Except as provided by Subsection (e-1) or (f), a school district must pay each classroom teacher, full-time librarian, full-time school counselor certified under Subchapter B, or full-time school nurse not less than the minimum monthly salary, based on the employee's level of experience in addition to other factors, as determined by commissioner rule, determined by the following formula:


MS = SF x FS



where:


"MS" is the minimum monthly salary;


"SF" is the applicable salary factor specified by Subsection (c); and


"FS" is the amount, as determined by the commissioner under Subsection (b), of the basic allotment as provided by Section 48.051(a) or (b) for a school district with a maintenance and operations tax rate at least equal to the state maximum compressed tax rate, as defined by Section 48.051(a).


(b) Not later than June 1 of each year, the commissioner shall determine the basic allotment and resulting monthly salaries to be paid by school districts as provided by Subsection (a).


(c) The salary factors per step are as follows:

(c-1) Notwithstanding Subsections (a) and (b), each school district shall pay a monthly salary to each classroom teacher, full-time speech pathologist, full-time librarian, full-time school counselor certified under Subchapter B, and full-time school nurse that is at least equal to the following monthly salary or the monthly salary determined by the commissioner under Subsections (a) and (b), whichever is greater:

(c-2) Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 4, Sec. 57.31(1), eff. September 28, 2011.

(c-3) Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 4, Sec. 57.31(1), eff. September 28, 2011.

(d) Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 8, Sec. 21(2), eff. September 28, 2011.

(e) Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 4, Sec. 57.31(1), eff. September 28, 2011.

(e-1) If the minimum monthly salary determined under Subsection (a) for a particular level of experience is less than the minimum monthly salary for that level of experience in the preceding year, the minimum monthly salary is the minimum monthly salary for the preceding year.

(f) Notwithstanding Subsection (a), a teacher or librarian who received a career ladder supplement on August 31, 1993, is entitled to at least the same gross monthly salary the teacher or librarian received for the 1994-1995 school year as long as the teacher or librarian is employed by the same district.

(g) The commissioner may adopt rules to govern the application of this section, including rules that:

(1) require the payment of a minimum salary under this section to a person employed in more than one capacity for which a minimum salary is provided and whose combined employment in those capacities constitutes full-time employment; and

(2) specify the credentials a person must hold to be considered a speech pathologist or school nurse under this section.

(h) In this section, "gross monthly salary" must include the amount a teacher or librarian received that represented a career ladder salary supplement under Section 16.057, as that section existed January 1, 1993.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 592, Sec. 1.06, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 396, Sec. 1.30, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1156, Sec. 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1187, Sec. 2.01, eff. Sept. 1, 2001.

Amended by:

Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 4.05, eff. May 31, 2006.

Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 9, eff. September 1, 2009.

Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 57.04, eff. September 28, 2011.

Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 57.05, eff. September 1, 2017.

Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 57.31(1), eff. September 28, 2011.

Acts 2011, 82nd Leg., 1st C.S., Ch. 8 (S.B. 8), Sec. 15, eff. September 28, 2011.

Acts 2011, 82nd Leg., 1st C.S., Ch. 8 (S.B. 8), Sec. 21(2), eff. September 28, 2011.

Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 11, eff. June 14, 2013.

Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 12, eff. June 14, 2013.

Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 13, eff. June 14, 2013.

Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.014, eff. September 1, 2019.

Sec. 21.4021. FURLOUGHS. (a) Notwithstanding Section 21.401 and subject to Section 21.4022, the board of trustees of a school district may, in accordance with district policy, implement a furlough program and reduce the number of days of service otherwise required under Section 21.401 by not more than six days of service during a school year if the commissioner certifies in accordance with Section 48.010 that the district will be provided with less state and local funding for that year than was provided to the district for the 2010-2011 school year.

(b) Notwithstanding Section 21.402, the board of trustees may reduce the salary of an employee who is furloughed in proportion to the number of days by which service is reduced, provided that the furlough program is implemented in compliance with this section.

(b-1) A furlough program must subject all contract personnel to the same number of furlough days.

(c) An educator may not be furloughed on a day that is included in the number of days of instruction required under Section 25.081.

(d) An educator may not use personal, sick, or any other paid leave while the educator is on a furlough.

(e) A furlough imposed under this section does not constitute a break in service for purposes of the Teacher Retirement System of Texas. A furlough day does not constitute a day of service for purposes of the Teacher Retirement System of Texas.

(f) Implementation of a furlough program may not result in an increase in the number of required teacher workdays.

(g) If a board of trustees adopts a furlough program after the date by which a teacher must give notice of resignation under Section 21.105, 21.160, or 21.210, as applicable, a teacher who subsequently resigns is not subject to sanctions imposed by the State Board for Educator Certification as otherwise authorized by those sections.

(h) A decision by the board of trustees to implement a furlough program:

(1) is final and may not be appealed; and

(2) does not create a cause of action or require collective bargaining.

(i) Any reduction under this section in the amount of the annual salary paid to an employee must be equally distributed over the course of the employee's current contract with the school district.

Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 8 (S.B. 8), Sec. 16, eff. September 28, 2011.

Amended by:

Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.015, eff. September 1, 2019.

Sec. 21.4022. REQUIRED PROCESS FOR DEVELOPMENT OF FURLOUGH PROGRAM OR OTHER SALARY REDUCTION PROPOSAL. (a) The board of trustees of a school district may not implement a furlough program under Section 21.4021 or reduce salaries until the district has complied with this section.

(b) A school district must use a process to develop a furlough program or other salary reduction proposal, as applicable, that:

(1) includes the involvement of the district's professional staff; and

(2) provides district employees with the opportunity to express opinions regarding the furlough program or salary reduction proposal, as applicable, at the public meeting required by Subsection (c).

(c) The board of trustees must hold a public meeting at which the board and school district administration present:

(1) information regarding the options considered for managing the district's available resources, including consideration of a tax rate increase and use of the district's available fund balance;

(2) an explanation of how the district intends, through implementation of a furlough program under Section 21.4021 or through other salary reductions, as applicable, to limit the number of district employees who will be discharged or whose contracts will not be renewed; and

(3) information regarding the local option residence homestead exemption.

(d) Any explanation of a furlough program under Subsection (c)(2) must state the specific number of furlough days proposed to be required.

(e) The public and school district employees must be provided with an opportunity to comment at the public meeting required under Subsection (c).

Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 8 (S.B. 8), Sec. 16, eff. September 28, 2011.

Sec. 21.403. PLACEMENT ON MINIMUM SALARY SCHEDULE. (a) A teacher, librarian, school counselor, or nurse shall advance one step on the minimum salary schedule under Section 21.402 for each year of experience as a teacher, librarian, school counselor, or nurse until step 20 is reached.

(b) For each year of work experience required for certification in a career or technological field, up to a maximum of two years, a certified career or technology education teacher is entitled to salary step credit as if the work experience were teaching experience.

(c) The commissioner shall adopt rules for determining the experience for which a teacher, librarian, school counselor, or nurse is to be given credit in placing the teacher, librarian, school counselor, or nurse on the minimum salary schedule. A district shall credit the teacher, librarian, school counselor, or nurse for each year of experience without regard to whether the years are consecutive.

(d) As long as a teacher or librarian who received a career ladder supplement is employed by the same school district, the teacher or librarian is entitled to:

(1) placement on the minimum salary schedule at the step above the step on which the teacher would otherwise be placed, if the teacher or librarian received a career ladder supplement for level two of the career ladder on August 31, 1993; or

(2) placement on the minimum salary schedule at the step two steps above the step on which the teacher would otherwise be placed, if the teacher or librarian received a career ladder supplement for level three of the career ladder on August 31, 1993.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 921, Sec. 1, eff. June 18, 1997; Acts 1999, 76th Leg., ch. 396, Sec. 1.31, eff. Sept. 1, 1999.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 14, eff. June 14, 2013.

Sec. 21.4031. PROFESSIONAL STAFF SERVICE RECORDS. (a) In this section:

(1) "Salary schedule" means the minimum salary schedule under Section 21.402 or a comparable salary schedule used by a school district that specifies salary amounts based on an employee's level of experience.

(2) "Service record" means a school district document that indicates the total years of service provided to the district by a classroom teacher, librarian, school counselor, or nurse.

(b) On request by a classroom teacher, librarian, school counselor, or nurse or by the school district employing one of those individuals, a school district that previously employed the individual shall provide a copy of the individual's service record to the school district employing the individual. The district must provide the copy not later than the 30th day after the later of:

(1) the date the request is made; or

(2) the date of the last day of the individual's service to the district.

(c) If a school district fails to provide an individual's service record as required by Subsection (b), the agency shall, to the extent that information is available to the agency, provide the employing school district with information sufficient to enable the district to determine proper placement of the individual on the district's salary schedule.

Added by Acts 2009, 81st Leg., R.S., Ch. 370 (H.B. 1365), Sec. 1, eff. June 19, 2009.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 15, eff. June 14, 2013.

Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 16, eff. June 14, 2013.

Sec. 21.4032. REDUCTIONS IN SALARIES OF CLASSROOM TEACHERS AND ADMINISTRATORS. (a) This section applies only to a widespread reduction in the amount of the annual salaries paid to school district classroom teachers based primarily on district financial conditions rather than on teacher performance.

(b) For any school year in which a school district has reduced the amount of the annual salaries paid to district classroom teachers from the amount paid for the preceding school year, the district shall reduce the amount of the annual salary paid to each district administrator or other professional employee by a percent or fraction of a percent that is equal to the average percent or fraction of a percent by which teacher salaries have been reduced.

Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 8 (S.B. 8), Sec. 16, eff. September 28, 2011.

Sec. 21.404. PLANNING AND PREPARATION TIME. Each classroom teacher is entitled to at least 450 minutes within each two-week period for instructional preparation, including parent-teacher conferences, evaluating students' work, and planning. A planning and preparation period under this section may not be less than 45 minutes within the instructional day. During a planning and preparation period, a classroom teacher may not be required to participate in any other activity.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Sec. 21.405. DUTY-FREE LUNCH. (a) Except as provided by Subsection (c), each classroom teacher or full-time librarian is entitled to at least a 30-minute lunch period free from all duties and responsibilities connected with the instruction and supervision of students. Each school district may set flexible or rotating schedules for each classroom teacher or full-time librarian in the district for the implementation of the duty-free lunch period.

(b) The implementation of this section may not result in a lengthened school day.

(c) If necessary because of a personnel shortage, extreme economic conditions, or an unavoidable or unforeseen circumstance, a school district may require a classroom teacher or librarian entitled to a duty-free lunch to supervise students during lunch. A classroom teacher or librarian may not be required to supervise students under this subsection more than one day in any school week. The commissioner by rule shall prescribe guidelines for determining what constitutes a personnel shortage, extreme economic conditions, or an unavoidable or unforeseen circumstance for purposes of this subsection.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Sec. 21.406. DENIAL OF COMPENSATION BASED ON ABSENCE FOR RELIGIOUS OBSERVANCE PROHIBITED. A school district may not deny an educator a salary bonus or similar compensation given in whole or in part on the basis of educator attendance because of the educator's absence from school for observance of a holy day observed by a religion whose places of worship are exempt from property taxation under Section 11.20, Tax Code.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Sec. 21.407. REQUIRING OR COERCING TEACHERS TO JOIN GROUPS, CLUBS, COMMITTEES, OR ORGANIZATIONS: POLITICAL AFFAIRS. (a) A school district board of trustees or school district employee may not directly or indirectly require or coerce any teacher to join any group, club, committee, organization, or association.

(b) A school district board of trustees or school district employee may not directly or indirectly coerce any teacher to refrain from participating in political affairs in the teacher's community, state, or nation.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Sec. 21.408. RIGHT TO JOIN OR NOT TO JOIN PROFESSIONAL ASSOCIATION. This chapter does not abridge the right of an educator to join any professional association or organization or refuse to join any professional association or organization.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Sec. 21.409. LEAVE OF ABSENCE FOR TEMPORARY DISABILITY. (a) Each full-time educator employed by a school district shall be given a leave of absence for temporary disability at any time the educator's condition interferes with the performance of regular duties. The contract or employment of the educator may not be terminated by the school district while the educator is on a leave of absence for temporary disability. "Temporary disability" in this section includes the condition of pregnancy.

(b) A request for a leave of absence for temporary disability must be made to the superintendent of the school district. The request must be accompanied by a physician's statement confirming inability to work and must state the date requested by the educator for the leave to begin and the probable date of return as certified by the physician.

(c) The board of trustees of a school district may adopt a policy providing for placing an educator on leave of absence for temporary disability if, in the board's judgment and in consultation with a physician who has performed a thorough medical examination of the educator, the educator's condition interferes with the performance of regular duties. A policy adopted under this subsection must reserve to the educator the right to present to the board testimony or other information relevant to the educator's fitness to continue the performance of regular duties.

(d) The educator must notify the superintendent of the desire to return to active duty not later than the 30th day before the expected date of return. The notice must be accompanied by a physician's statement indicating the educator's physical fitness for the resumption of regular duties.

(e) An educator returning to active duty after a leave of absence for temporary disability is entitled to an assignment at the school where the educator formerly taught, subject to the availability of an appropriate teaching position. In any event, the educator must be placed on active duty not later than the beginning of the next term.

(f) The length of a leave of absence for temporary disability shall be granted by the superintendent as required by the individual educator. The board of trustees of a school district may establish a maximum length for a leave of absence for temporary disability, but the maximum length may not be less than 180 days.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Without reference to the amendment of this section, this section was repealed by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 4.001(a)(6), eff. September 1, 2019.

Sec. 21.410. MASTER TEACHER GRANT PROGRAM. (a) The commissioner shall establish a master teacher grant program to encourage teachers to:

(1) become certified as master teachers in reading, mathematics, technology, or science; and

(2) work with other teachers and with students in order to improve student reading, mathematics, or science performance or to increase the use of technology in each classroom, as applicable.

(b) From funds appropriated for the purpose, the commissioner shall make grants to school districts as provided by this section to pay stipends to selected certified master teachers who teach at high-need campuses.

(c) The commissioner shall annually identify each high-need campus in a school district using criteria established by the commissioner by rule. The commissioner shall also use the criteria to rank campuses in order of greatest need.

(c-1) In establishing criteria under Subsection (c) to identify high-need campuses for purposes of awarding master teacher grants in reading, mathematics, or science, the commissioner must include performance on the reading, mathematics, or science assessment instrument administered under Section 39.023, as applicable.

(d) A school district may apply to the commissioner for grants for each high-need campus identified by the commissioner to be used to pay stipends to certified master teachers in accordance with this section. The commissioner shall approve the application if the district:

(1) applies within the period and in the manner required by rule adopted by the commissioner; and

(2) agrees to use each grant only for the purpose of paying a year-end stipend to a master teacher in reading, mathematics, technology, or science:

(A) who holds the appropriate certificate issued under Section 21.0481, Section 21.0482, Section 21.0483, or Section 21.0484;

(B) who teaches in a position prescribed by the district at a high-need campus identified by the commissioner;

(C) whose primary duties include:

(i) teaching reading, mathematics, or science or integrating technology use in teaching, as applicable; and

(ii) serving as a reading, mathematics, or science teaching mentor or technology training mentor, as applicable, to other teachers for the amount of time and in the manner established by the district and by rule adopted by the commissioner; and

(D) who satisfies any other requirements established by rule adopted by the commissioner.

(e) Unless reduced under Subsection (g) or (i), a stipend under Subsection (d)(2) is in the amount of $5,000.

(f) The commissioner shall adopt rules for the distribution of grants to school districts following the year of the initial grant. A district that has been approved for a grant to pay a stipend to a certified master teacher is not required to reapply for a grant for two consecutive school years following the year of the initial grant if the district:

(1) continues to pay a stipend as provided by Subsection (g); and

(2) notifies the commissioner in writing, within the period and in the manner prescribed by the commissioner, that the circumstances on which the grant was based have not changed.

(g) The commissioner shall reduce payments to a school district proportionately to the extent a teacher does not meet the requirements under Subsection (d)(2) for the entire school year. A district that employs more certified master teachers than the number of grants available under this section shall select the certified master teachers to whom to pay stipends based on a policy adopted by the board of trustees of the district, except that a district shall pay a stipend for two additional consecutive school years to a teacher the district has selected for and paid a stipend for a school year, who remains eligible for a stipend under Subsection (d)(2), and for whom the district receives a grant under this section for those years. A decision of the district under this subsection is final and may not be appealed. The district may not apportion among teachers a stipend paid for with a grant the district receives under this section. The district may use local money to pay additional stipends in amounts determined by the district.

(h) A grant a school district receives under this section is in addition to any funding the district receives under Chapter 42. The commissioner shall distribute funds under this section with the Foundation School Program payment to which the district is entitled as soon as practicable after the end of the school year as determined by the commissioner. A district to which Chapter 41 applies is entitled to the grants paid under this section. The commissioner shall determine the timing of the distribution of grants to a district that does not receive Foundation School Program payments.

(i) This section does not create a property right to a grant or stipend. A school district is entitled to a grant to carry out the purposes of this section only to the extent the commissioner makes the grant in accordance with this section and only to the extent sufficient state funds are appropriated for those purposes. If state funds are appropriated but are insufficient to fully fund a grant, the commissioner shall reduce the grant paid to each district and the district shall reduce the stipend the district pays to each teacher under this section proportionately so that each selected teacher receives the same amount of money.

(j) A decision of the commissioner concerning the amount of money to which a school district is entitled under this section is final and may not be appealed. Each district shall, in the manner and at the time prescribed by the commissioner, provide to the commissioner proof acceptable to the commissioner of the master teacher certification of a teacher to whom the district is paying a stipend under this section.

(k) The commissioner may audit the expenditure of money appropriated for purposes of this section. A district's use of the money appropriated for purposes of this section shall be verified as part of the district audit under Section 44.008.

(l) A stipend a teacher receives under this section is not considered in determining whether the district is paying the teacher the minimum monthly salary under Section 21.402.

(m) The commissioner may adopt other rules as necessary to implement this section.

Added by Acts 1999, 76th Leg., ch. 931, Sec. 1, eff. Aug. 30, 1999.

Amended by:

Acts 2019, 86th Leg., R.S., Ch. 439 (S.B. 1376), Sec. 3.01, eff. June 4, 2019.

Acts 2019, 86th Leg., R.S., Ch. 439 (S.B. 1376), Sec. 3.02, eff. June 4, 2019.

Repealed by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 4.001(a)(6), eff. September 1, 2019.

Sec. 21.414. CLASSROOM SUPPLY REIMBURSEMENT PROGRAM.

(a) The commissioner shall establish a reimbursement program under which the commissioner provides funds to a school district for the purpose of reimbursing classroom teachers in the district who expend personal funds on classroom supplies. A school district must match any funds provided to the district under the reimbursement program with local funds to be used for the same purpose.

(b) The commissioner shall adopt rules for the local allocation of funds provided to a school district under the reimbursement program. A school district shall allow each classroom teacher in the district who is reimbursed under the reimbursement program to use the funds in the teacher's discretion, except that the funds must be used for the benefit of the district's students. A school district may not use funds received under the reimbursement program to replace local funds used by the district for the same purpose.

(c) The commissioner shall identify state and federal funds available for use under the reimbursement program, including funds subject to the Education Flexibility Partnership Act of 1999 (20 U.S.C. Section 5891a et seq.), and its subsequent amendments, as well as consolidated administrative funds.

(d) The commissioner shall establish the reimbursement program for implementation beginning not later than the 2005-2006 school year. The commissioner may implement the reimbursement program only if funds are specifically appropriated by the legislature for the program or if the commissioner identifies available funds, other than general revenue funds, that may be used for the program.

(e) Expired.

Added by Acts 2003, 78th Leg., ch. 201, Sec. 17, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 263, Sec. 1, eff. June 18, 2003.

Renumbered from Education Code, Section 21.413 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(12), eff. September 1, 2005.

Sec. 21.415. EMPLOYMENT CONTRACTS. (a) A school district shall provide in employment contracts that qualifying employees may receive an incentive payment under an awards program established under Subchapter O if the district participates in the program.

(b) The district shall indicate that any incentive payment distributed is considered a payment for performance and not an entitlement as part of an employee's salary.

Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 4.06, eff. May 31, 2006.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 10, eff. September 1, 2009.

SUBCHAPTER J. STAFF DEVELOPMENT

Sec. 21.451. STAFF DEVELOPMENT REQUIREMENTS. (a) The staff development provided by a school district to an educator other than a principal must be:

(1) conducted in accordance with standards developed by the district; and

(2) designed to improve education in the district.

(a-1) Section 21.3541 and rules adopted under that section govern the professional development provided to a principal.

(b) The staff development described by Subsection (a) must be predominantly campus-based, related to achieving campus performance objectives established under Section 11.253, and developed and approved by the campus-level committee established under Section 11.251.

(c) For staff development under Subsection (a), a school district may use district-wide staff development developed and approved through the district-level decision process under Section 11.251.

(d) The staff development:

(1) may include training in:

(A) technology;

(B) positive behavior intervention and support strategies, including classroom management, district discipline policies, and the student code of conduct adopted under Chapter 37; and

(C) digital learning;

(2) subject to Subsection (e) and to Section 21.3541 and rules adopted under that section, must include training that is evidence-based, as defined by Section 8101, Every Student Succeeds Act (20 U.S.C. Section 7801), and that:

(A) relates to instruction of students with disabilities, including students with disabilities who also have other intellectual or mental health conditions; and

(B) is designed for educators who work primarily outside the area of special education; and

(3) must include training on:

(A) suicide prevention;

(B) recognizing signs of mental health conditions and substance abuse;

(C) strategies for establishing and maintaining positive relationships among students, including conflict resolution;

(D) how grief and trauma affect student learning and behavior and how evidence-based, grief-informed, and trauma-informed strategies support the academic success of students affected by grief and trauma; and

(E) preventing, identifying, responding to, and reporting incidents of bullying.

(d-1) The training required by Subsection (d)(3):

(1) must:

(A) be provided:

(i) on an annual basis, as part of a new employee orientation, to all new school district and open-enrollment charter school educators; and

(ii) to existing school district and open-enrollment charter school educators on a schedule adopted by the agency by rule; and

(B) use a best practice-based program recommended by the Health and Human Services Commission in coordination with the agency under Section 38.351; and

(2) may include two or more listed topics together.

(d-2) The suicide prevention training required by Subsection (d)(3) may be satisfied through independent review of suicide prevention training material that:

(1) complies with the guidelines developed by the agency; and

(2) is offered online.

(d-3) The digital learning training provided by Subsection (d)(1)(E) must:

(1) discuss basic technology proficiency expectations and methods to increase an educator's digital literacy; and

(2) assist an educator in the use of digital technology in learning activities that improve teaching, assessment, and instructional practices.

(e) A school district is required to provide the training described by Subsection (d)(2) to an educator who works primarily outside the area of special education only if the educator does not possess the knowledge and skills necessary to implement the individualized education program developed for a student receiving instruction from the educator. A district may determine the time and place at which the training is delivered.

(f) In developing or maintaining the training required by Subsection (d)(2), a school district must consult with persons with expertise in research-based practices for students with disabilities. Persons who may be consulted under this subsection include colleges, universities, private and nonprofit organizations, regional education service centers, qualified district personnel, and any other persons identified as qualified by the district. This subsection applies to all training required by Subsection (d)(2), regardless of whether the training is provided at the campus or district level.

(g) The staff development may include instruction as to what is permissible under law, including opinions of the United States Supreme Court, regarding prayer in public school.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 396, Sec. 2.06, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 766, Sec. 1, eff. June 13, 2001; Acts 2003, 78th Leg., ch. 495, Sec. 1.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 740 (S.B. 451), Sec. 1, eff. June 19, 2009.

Acts 2011, 82nd Leg., R.S., Ch. 776 (H.B. 1942), Sec. 1, eff. June 17, 2011.

Acts 2011, 82nd Leg., R.S., Ch. 1093 (S.B. 1383), Sec. 4, eff. June 17, 2011.

Acts 2015, 84th Leg., R.S., Ch. 1064 (H.B. 2186), Sec. 2, eff. June 19, 2015.

Acts 2017, 85th Leg., R.S., Ch. 757 (S.B. 1839), Sec. 10, eff. June 12, 2017.

Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.05, eff. December 1, 2019.

Sec. 21.4511. PROFESSIONAL DEVELOPMENT ACTIVITIES FOR TEACHERS AND ADMINISTRATORS. (a) From funds appropriated for that purpose in an amount not to exceed $2.5 million each year, the commissioner may develop and award grants to school districts, regional education service centers, nonprofit organizations, and institutions of higher education for establishing and providing technical assistance and professional development activities in the staff development training of public school teachers and administrators.

(b) The training under this section shall include training relating to implementing curriculum and instruction that is aligned with the foundation curriculum described by Section 28.002(a)(1) and standards and expectations for college readiness, as determined by State Board of Education rule under Section 28.008(d).

(c) The commissioner may give preference to a school district, regional education service center, or institution of higher education conducting professional development activities under this section that applies for a grant in partnership with a state or national organization that has demonstrated success in the development and implementation of high school reform strategies.

Added by Acts 2007, 80th Leg., R.S., Ch. 1058 (H.B. 2237), Sec. 4, eff. June 15, 2007.

Sec. 21.4513. PROFESSIONAL DEVELOPMENT REQUIREMENTS AUDIT. (a) Using only available funds and resources from public or private sources, the agency shall periodically conduct an audit of the professional development requirements applicable to educators in this state, including state and federal requirements and requirements imposed by school districts.

(b) Based on audit results, the agency shall seek to eliminate conflicting requirements and consolidate duplicative requirements through the following methods, as appropriate:

(1) taking administrative action;

(2) encouraging school districts to make appropriate changes to district policies; or

(3) recommending statutory changes to the legislature.

(c) The agency shall provide guidance to school districts regarding high-quality professional development and the outcomes expected to result from providing that caliber of professional development.

Added by Acts 2013, 83rd Leg., R.S., Ch. 1282 (H.B. 2012), Sec. 7, eff. September 1, 2013.

Sec. 21.452. DEVELOPMENTAL LEAVES OF ABSENCE. (a) The board of trustees of a school district may grant a developmental leave of absence for study, research, travel, or another suitable purpose to an employee who:

(1) is employed in a position requiring a permanent teaching certificate; and

(2) has served in the same school district at least five consecutive school years.

(b) The board may grant a developmental leave of absence for one school year at one-half salary or for one-half of a school year at full salary paid to the employee in the same manner, on the same schedule, and with the same deductions as if the employee were on full-time duty.

(c) An employee on developmental leave continues to be a member of the Teacher Retirement System of Texas and is entitled to participate in programs, hold memberships, and receive benefits afforded by employment in the school district.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Sec. 21.453. STAFF DEVELOPMENT ACCOUNT. (a) The staff development account is an account in the general revenue fund. The account consists of gifts, grants, donations, appropriations for the purpose of staff development under this subchapter, and any other money transferred by law to the account. Funds in the account may be used only as provided by this section.

(b) The commissioner may allocate funds from the account to regional education service centers to provide staff development resources to school districts that:

(1) are rated academically unacceptable;

(2) have one or more campuses rated as academically unacceptable; or

(3) are otherwise in need of assistance as indicated by the academic performance of students, as determined by the commissioner.

(c) A school district that receives resources under this section must pay to the commissioner for deposit in the account an amount equal to one-half of the cost of the resources provided to the district.

(d) The commissioner may adopt rules governing the allocation and use of funds under this section.

Added by Acts 1999, 76th Leg., ch. 931, Sec. 3, eff. Aug. 30, 1999.

Amended by:

Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 3.04, eff. May 31, 2006.

Sec. 21.454. MATHEMATICS TRAINING. (a) The commissioner shall develop training materials and other teacher training resources for a school district to use in assisting mathematics teachers in developing:

(1) expertise in the appropriate mathematics curriculum; and

(2) comprehension of the instructional approaches that, through scientific testing, have been proven effective in improving student mathematics skills.

(b) The commissioner shall develop materials and resources under this section in consultation with appropriate faculty members at institutions of higher education.

(c) The commissioner shall make the training materials and other teacher training resources required under Subsection (a) available to mathematics teachers through a variety of mechanisms, including distance learning, mentoring programs, small group inquiries, computer-assisted training, and mechanisms based on trainer-of-trainer models.

(d) The commissioner shall use funds appropriated for the purpose to administer this section.

Added by Acts 2001, 77th Leg., ch. 834, Sec. 6, eff. Sept. 1, 2001.

Sec. 21.4541. MATHEMATICS INSTRUCTIONAL COACHES PILOT PROGRAM. (a) From funds appropriated for that purpose, the commissioner by rule shall establish a pilot program under which participating school districts and campuses receive grants to provide assistance in developing the content knowledge and instructional expertise of teachers who instruct students in mathematics at the middle school, junior high school, or high school level.

(b) A school district or campus is eligible to participate in the pilot program under this section if the district or campus meets the eligibility criteria established as provided by Section 39.408.

(c) A grant awarded under this section may be used to support intensive instructional coaching and professional development from a service provider approved by the commissioner. Approved service providers may include:

(1) academies and training centers established in conjunction with a Texas Science, Technology, Engineering, and Mathematics (T-STEM) center;

(2) regional education service centers;

(3) institutions of higher education; and

(4) private organizations with significant experience in providing mathematics instruction, as determined by the commissioner.

(d) An instructional coaching or professional development program supported by a grant under this section must demonstrate significant past effectiveness in improving mathematics instruction in middle schools, junior high schools, and high schools serving a significant number of students identified as students at risk of dropping out of school, as described by Section 29.081(d). An instructional coaching or professional development program may include:

(1) providing classes to teachers on effective mathematics instruction;

(2) providing tutoring or mentoring to teachers regarding effective mathematics instruction;

(3) providing incentives to teachers to participate in the program; or

(4) engaging in any other activities determined by the commissioner as likely to improve the instructional skills of teachers providing mathematics instruction.

(e) The commissioner shall adopt rules necessary to implement the pilot program.

Added by Acts 2007, 80th Leg., R.S., Ch. 1058 (H.B. 2237), Sec. 4, eff. June 15, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 23, eff. June 19, 2009.

Sec. 21.455. PROFESSIONAL DEVELOPMENT INSTITUTES IN MATHEMATICS. (a) The commissioner shall develop and make available professional development institutes for teachers who provide instruction in mathematics to students at the fifth through eighth grade levels.

(b) A professional development institute developed under this section must address:

(1) the underlying mathematical skills required to be taught at the relevant grade levels; and

(2) mathematical instruction techniques that, through scientific testing, have been proven effective.

(c) The commissioner shall develop professional development institutes under this section in consultation with mathematics and science faculty members at institutions of higher education.

(d) The commissioner shall adopt criteria for selection of teachers authorized to attend a professional development institute developed under this section.

(e) From funds appropriated for the purpose, the commissioner shall pay a stipend to each teacher who completes a professional development institute developed under this section. The commissioner shall determine the amount of the stipend paid under this subsection.

Added by Acts 2001, 77th Leg., ch. 834, Sec. 6, eff. Sept. 1, 2001.

Sec. 21.4551. TEACHER READING ACADEMIES. (a) The commissioner shall develop and make available reading academies for teachers who provide instruction to students at the sixth through eighth grade levels.

(b) A reading academy developed under this section must include training in:

(1) for a teacher providing instruction in reading to students at the seventh or eighth grade level:

(A) administration of the reading instrument required by Section 28.006(c-1); and

(B) interpretation of the results of the reading instrument required by Section 28.006(c-1) and strategies, based on scientific research regarding effective reading instruction, for long-term intensive intervention to target identified student needs in word recognition, vocabulary, fluency, and comprehension;

(2) for a teacher providing instruction in reading to students at the sixth, seventh, or eighth grade level:

(A) strategies to be implemented in English language arts and other subject areas for multisyllable word reading, vocabulary development, and comprehension of expository and narrative text;

(B) an adaptation framework that enables teachers to respond to differing student strengths and needs, including adaptations for students of limited English proficiency or students receiving special education services under Subchapter A, Chapter 29;

(C) collaborative strategies to increase active student involvement and motivation to read; and

(D) other areas identified by the commissioner as essential components of reading instruction; and

(3) for a teacher providing instruction in mathematics, science, or social studies to students at the sixth, seventh, or eighth grade level:

(A) strategies for incorporating reading instruction into the curriculum for the subject area taught by the teacher; and

(B) other areas identified by the commissioner.

(c) The commissioner by rule shall require a teacher to attend a reading academy if the teacher provides instruction in reading, mathematics, science, or social studies to students at the sixth, seventh, or eighth grade level at a campus that fails to satisfy any standard under Section 39.054(e) on the basis of student performance on the reading assessment instrument administered under Section 39.023(a) to students in any grade level at the campus.

(d) The commissioner shall adopt criteria for selection of teachers, other than teachers described by Subsection (c), who may attend a reading academy.

(e) From funds appropriated for that purpose, a teacher who attends a reading academy is entitled to receive a stipend in the amount determined by the commissioner. A stipend received under this subsection is not considered in determining whether a district is paying the teacher the minimum monthly salary under Section 21.402.

(f) On request of the commissioner, regional education service centers shall assist the commissioner and agency with training and other activities relating to the development and operation of reading academies. The commissioner may seek additional assistance from other public and private providers.

Added by Acts 2007, 80th Leg., R.S., Ch. 1058 (H.B. 2237), Sec. 4, eff. June 15, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 24, eff. June 19, 2009.

Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 7.003, eff. September 1, 2011.

For expiration of this section, see Subsection (f).

Sec. 21.4552. TEACHER LITERACY ACHIEVEMENT ACADEMIES. (a) The commissioner shall develop and make available literacy achievement academies for teachers who provide reading instruction to students at the kindergarten or first, second, or third grade level.

(b) A literacy achievement academy developed under this section:

(1) must include training in:

(A) effective and systematic instructional practices in reading, including phonemic awareness, phonics, fluency, vocabulary, and comprehension; and

(B) the use of empirically validated instructional methods that are appropriate for struggling readers; and

(2) may include training in effective instructional practices in writing.

(c) The commissioner shall adopt criteria for selecting teachers who may attend a literacy achievement academy. In adopting selection criteria under this subsection, the commissioner shall:

(1) require granting a priority to teachers employed by a school district at a campus at which 50 percent or more of the students enrolled are educationally disadvantaged; and

(2) provide a process through which a teacher not employed at a campus described by Subdivision (1) may attend the academy if the academy has available space and the school district employing the teacher pays the costs of the teacher's attendance.

(d) From funds appropriated for that purpose, a teacher who attends a literacy achievement academy is entitled to receive a stipend in the amount determined by the commissioner. A stipend received under this subsection is not considered in determining whether a school district is paying the teacher the minimum monthly salary under Section 21.402.

(e) On request of the commissioner, regional education service centers shall assist the commissioner and agency with training and other activities relating to the development and operation of literacy achievement academies.

(f) This section expires September 1, 2027.

Added by Acts 2015, 84th Leg., R.S., Ch. 55 (S.B. 925), Sec. 1, eff. May 21, 2015.

For expiration of this section, see Subsection (f).

Sec. 21.4553. TEACHER MATHEMATICS ACHIEVEMENT ACADEMIES. (a) The commissioner shall develop and make available mathematics achievement academies for teachers who provide mathematics instruction to students at the kindergarten or first, second, or third grade level.

(b) A mathematics achievement academy developed under this section must include training in effective and systematic instructional practices in mathematics, including problem solving, the place value system, whole number operations, and fractions.

(c) The commissioner shall adopt criteria for selecting teachers who may attend a mathematics achievement academy. In adopting selection criteria under this subsection, the commissioner shall:

(1) require granting a priority to teachers employed by a school district at a campus at which 50 percent or more of the students enrolled are educationally disadvantaged; and

(2) provide a process through which a teacher not employed at a campus described by Subdivision (1) may attend the academy if the academy has available space and the school district employing the teacher pays the costs of the teacher's attendance.

(d) From funds appropriated for that purpose, a teacher who attends a mathematics achievement academy is entitled to receive a stipend in the amount determined by the commissioner. A stipend received under this subsection is not considered in determining whether a district is paying the teacher the minimum monthly salary under Section 21.402.

(e) On request of the commissioner, regional education service centers shall assist the commissioner and agency with training and other activities relating to the development and operation of mathematics achievement academies.

(f) This section expires September 1, 2027.

Added by Acts 2015, 84th Leg., R.S., Ch. 202 (S.B. 934), Sec. 1, eff. May 28, 2015.

For expiration of this section, see Subsection (f).

Sec. 21.4554. READING-TO-LEARN ACADEMIES. (a) The commissioner shall develop and make available reading-to-learn academies for teachers who provide reading comprehension instruction to students at the fourth or fifth grade level.

(b) A reading-to-learn academy developed under this section:

(1) must include effective instructional practices that promote student development of reading comprehension and inferential and critical thinking;

(2) must provide training in the use of empirically validated instructional methods that are appropriate for struggling readers;

(3) may include material on writing instruction; and

(4) must provide participating teachers with access to the academy training materials through the Internet after the teachers attend the academy.

(c) The commissioner shall adopt criteria for selecting teachers who may attend a reading-to-learn academy. In adopting selection criteria under this subsection, the commissioner shall:

(1) require granting a priority to teachers employed by a school district at a campus at which 50 percent or more of the students enrolled are educationally disadvantaged; and

(2) provide a process through which a teacher not employed at a campus described by Subdivision (1) may attend the academy if the academy has available space and the school district employing the teacher pays the costs of the teacher's attendance.

(d) From funds appropriated for that purpose, a teacher who attends a reading-to-learn academy is entitled to receive a stipend in the amount determined by the commissioner. A stipend received under this subsection is not considered in determining whether a district is paying the teacher the minimum monthly salary under Section 21.402.

(e) On request of the commissioner, regional education service centers shall assist the commissioner and agency with training and other activities relating to the development and operation of reading-to-learn academies.

(f) This section expires September 1, 2027.

Added by Acts 2015, 84th Leg., R.S., Ch. 204 (S.B. 972), Sec. 1, eff. May 28, 2015.

Sec. 21.456. SCIENCE TRAINING. (a) The commissioner shall develop and have approved by the board training materials and other teacher training resources for a school district to use in assisting science teachers in developing:

(1) expertise in the appropriate science curriculum; and

(2) comprehension of the instructional approaches that, through scientific testing, have been proven effective in improving student science skills.

(b) To the extent practicable, the training materials and other teacher training resources required under Subsection (a) shall address instructional approaches designed to reduce any identified disparities in student science performance between groups of students.

(c) The commissioner shall develop materials and resources under this section in consultation with appropriate faculty members at institutions of higher education.

(d) The commissioner shall make the training materials and other teacher training resources required under Subsection (a) available to science teachers through a variety of mechanisms, including distance learning, mentoring programs, small group inquiries, computer-assisted training, and mechanisms based on trainer-of-trainer models.

(e) The commissioner shall use funds appropriated for the purpose to administer this section.

Added by Acts 2003, 78th Leg., ch. 430, Sec. 3, eff. Sept. 1, 2003.

Sec. 21.457. TRAINING FOR TEACHERS OF STUDENTS OF LIMITED ENGLISH PROFICIENCY. The commissioner shall develop and make available training materials and other teacher training resources to assist teachers in developing the expertise required to enable students of limited English proficiency to meet state performance expectations.

Added by Acts 2003, 78th Leg., ch. 1212, Sec. 6, eff. June 20, 2003.

Renumbered from Education Code, Section 21.456 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(13), eff. September 1, 2005.

Sec. 21.458. MENTORS. (a) Each school district may assign a mentor teacher to each classroom teacher who has less than two years of teaching experience in the subject or grade level to which the teacher is assigned. A teacher assigned as a mentor must:

(1) to the extent practicable, teach in the same school;

(2) to the extent practicable, teach the same subject or grade level, as applicable; and

(3) meet the qualifications prescribed by commissioner rules adopted under Subsection (b).

(a-1) To be assigned as a mentor, a teacher must agree to serve as a mentor teacher for at least one school year. The assignment must begin not later than the 30th day of employment of the classroom teacher to whom the mentor teacher is assigned. A district must agree to assign a mentor to a new classroom teacher for at least two school years.

(b) The commissioner shall adopt rules necessary to administer this section, including rules concerning the duties and qualifications of a teacher who serves as a mentor and the number of classroom teachers that may be assigned to a mentor. The rules concerning qualifications must require that to serve as a mentor a teacher must:

(1) complete a research-based mentor and induction training program approved by the commissioner;

(2) complete a mentor training program provided by the district;

(3) have at least three complete years of teaching experience with a superior record of assisting students, as a whole, in achieving improvement in student performance; and

(4) demonstrate interpersonal skills, instructional effectiveness, and leadership skills.

(b-1) A school district must provide training to mentor teachers and any appropriate district and campus employees who work with the classroom teacher or supervise the classroom teacher. The training must be completed by the mentor teacher and the district and campus employees before the beginning of the school year. The district shall also provide supplemental training to mentor teachers and employees during the school year. The training must include content related to best mentorship practices.

(c) Repealed by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 4.001(a)(10), eff. September 1, 2019.

(d) In adopting rules under this section, the commissioner shall rely on research-based mentoring programs that, through external evaluation, have demonstrated success.

(e) Each year the commissioner shall report to the legislature regarding the effectiveness of school district mentoring programs.

(f) A mentor teacher must meet with each classroom teacher assigned to the mentor not less than 12 hours each semester. Observations of the mentor by the classroom teacher being mentored or of the classroom teacher being mentored by the mentor may count toward the 12 hours of meeting time required for the semester. Except as provided by Subsection (f-1), the mentoring sessions must address the following topics:

(1) orientation to the context, policies, and practices of the school district;

(2) data-driven instructional practices;

(3) specific instructional coaching cycles, including coaching regarding conferences between parents and the classroom teacher;

(4) professional development; and

(5) professional expectations.

(f-1) Subject to approval by the agency, in determining the topics to be addressed in the mentoring sessions, a school district may create an appropriate curriculum that meets the district needs.

(g) A school district must:

(1) designate a specific time during the regularly contracted school day for meetings between mentor teachers and classroom teachers assigned to a mentor; and

(2) schedule release time or a reduced teaching load for mentor teachers and classroom teachers under this section to facilitate mentoring activities, including classroom observations or participation in supportive coaching.

Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 4.07, eff. May 31, 2006.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 796 (S.B. 1290), Sec. 1, eff. June 19, 2009.

Acts 2013, 83rd Leg., R.S., Ch. 1282 (H.B. 2012), Sec. 8, eff. September 1, 2013.

Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.009, eff. June 12, 2019.

Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 4.001(a)(10), eff. September 1, 2019.

Sec. 21.459. BIBLE COURSE TRAINING. (a) The commissioner shall develop and make available training materials and other teacher training resources for a school district to use in assisting teachers of elective Bible courses in developing:

(1) expertise in the appropriate Bible course curriculum;

(2) understanding of applicable supreme court rulings and current constitutional law regarding how Bible courses are to be taught in public schools objectively as a part of a secular program of education;

(3) understanding of how to present the Bible in an objective, academic manner that neither promotes nor disparages religion, nor is taught from a particular sectarian point of view;

(4) proficiency in instructional approaches that present course material in a manner that respects all faiths and religious traditions, while favoring none; and

(5) expertise in how to avoid devotional content or proselytizing in the classroom.

(b) The commissioner shall develop materials and resources under this section in consultation with appropriate faculty members at institutions of higher education.

(c) The commissioner shall make the training materials and other teacher training resources required under Subsection (a) available to Bible course teachers through access to in-service training.

(d) The commissioner shall use funds appropriated for the purpose to administer this section.

Added by Acts 2007, 80th Leg., R.S., Ch. 856 (H.B. 1287), Sec. 2, eff. June 15, 2007.

Sec. 21.462. RESOURCES REGARDING STUDENTS WITH MENTAL HEALTH OR SUBSTANCE ABUSE CONDITIONS. The agency, in coordination with the Health and Human Services Commission, shall establish and maintain an Internet website to provide resources for school district or open-enrollment charter school employees regarding working with students with mental health conditions or who engage in substance abuse. The agency must include on the Internet website information about:

(1) grief-informed and trauma-informed practices;

(2) building skills related to managing emotions, establishing and maintaining positive relationships, and responsible decision-making;

(3) positive behavior interventions and supports; and

(4) a safe and supportive school climate.

Added by Acts 2017, 85th Leg., R.S., Ch. 522 (S.B. 179), Sec. 9, eff. September 1, 2017.

Amended by:

Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 1.06, eff. December 1, 2019.

Sec. 21.464. PREKINDERGARTEN TEACHER TRAINING COURSE. (a) The commissioner shall develop a prekindergarten teacher training course to be offered to prekindergarten teachers employed by a school district or open-enrollment charter school.

(b) A course provided under this section shall provide instruction in the development and operation of effective prekindergarten classes, including training in:

(1) the prekindergarten guidelines established by the agency;

(2) effective and systematic instructional techniques for teaching prekindergarten students using the prekindergarten guidelines; and

(3) designing and implementing a comprehensive curriculum in the classroom.

Added by Acts 2015, 84th Leg., R.S., Ch. 142 (H.B. 4), Sec. 8, eff. May 28, 2015.

Sec. 21.465. AUTISM TRAINING. (a) A school district may provide a salary incentive or similar compensation to a teacher who completes training provided by a regional education service center relating to autism.

(b) A school district that decides to provide an incentive or compensation under Subsection (a) shall adopt a policy to implement this section.

Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.010, eff. June 12, 2019.

SUBCHAPTER K. TEXAS TROOPS TO TEACHERS PROGRAM

Sec. 21.501. DEFINITION. In this subchapter, "program" means the Texas Troops to Teachers Program.

Added by Acts 1999, 76th Leg., ch. 396, Sec. 2.07(a), eff. Sept. 1, 1999.

Sec. 21.502. ESTABLISHMENT OF PROGRAM. The agency shall establish a program to:

(1) assist persons who have served in the armed forces of the United States and are separated from active duty to obtain certification as an elementary or secondary school teacher in this state; and

(2) facilitate the employment of those persons by school districts that have a shortage of teachers.

Added by Acts 1999, 76th Leg., ch. 396, Sec. 2.07(a), eff. Sept. 1, 1999.

Sec. 21.503. ELIGIBILITY. A person is eligible for the program if the person:

(1) has served in the armed forces of the United States;

(2) is honorably discharged, retired, or released from active duty on or after October 1, 1990, after at least six years of continuous active duty service immediately before the discharge, retirement, or release;

(3) has received a baccalaureate or advanced degree from a public or private institution of higher education accredited by a regional accrediting agency or group that is recognized by a nationally recognized accreditation board; and

(4) satisfies any other criteria for selection jointly prescribed by the agency and the State Board for Educator Certification.

Added by Acts 1999, 76th Leg., ch. 396, Sec. 2.07(a), eff. Sept. 1, 1999.

Sec. 21.504. INFORMATION AND APPLICATIONS. (a) The agency shall develop an application for the program.

(b) The agency and the State Board for Educator Certification shall distribute the applications and information regarding the program.

Added by Acts 1999, 76th Leg., ch. 396, Sec. 2.07(a), eff. Sept. 1, 1999.

Sec. 21.505. SELECTION OF PARTICIPANTS. (a) The agency shall select persons to participate in the program on the basis of applications submitted to the agency.

(b) Each application must be submitted:

(1) in the form and contain the information the agency requires; and

(2) in a timely manner.

(c) An application is considered to be submitted in a timely manner for purposes of Subsection (b)(2) if the application is submitted:

(1) not later than October 5, 1999, in the case of an applicant discharged, retired, or released from active duty before January 19, 1999; or

(2) except as provided by Subdivision (1), not later than the first anniversary of the date of the applicant's discharge, retirement, or release from active duty.

Added by Acts 1999, 76th Leg., ch. 396, Sec. 2.07(a), eff. Sept. 1, 1999.

Sec. 21.506. LIMITATION ON IMPLEMENTATION. The agency may not select a person to participate in the program unless the agency has sufficient state appropriations to pay the stipend provided by Section 21.509 at the time of the selection.

Added by Acts 1999, 76th Leg., ch. 396, Sec. 2.07(a), eff. Sept. 1, 1999.

Sec. 21.507. PREFERENCES. (a) In selecting persons to participate in the program, the agency shall give preference to a person who:

(1) has significant educational or military experience in science, mathematics, or engineering and agrees to seek employment as a teacher in one of those subjects in a public elementary or secondary school in this state; or

(2) has significant educational or military experience in a field other than science, mathematics, or engineering identified by the agency as a field important for state educational objectives and agrees to seek employment as a teacher in a subject related to that field in a public elementary or secondary school in this state.

(b) The commissioner shall determine the level of experience considered significant for purposes of this section.

Added by Acts 1999, 76th Leg., ch. 396, Sec. 2.07(a), eff. Sept. 1, 1999.

Sec. 21.508. AGREEMENT. A person selected to participate in the program must enter into a written agreement with the agency under which the person agrees to:

(1) obtain, within the period the agency by rule requires, certification as an elementary or secondary school teacher in this state; and

(2) accept, during the first school year that begins after the date the person becomes certified, an offer of full-time employment as an elementary or secondary school teacher with a school district in this state.

Added by Acts 1999, 76th Leg., ch. 396, Sec. 2.07(a), eff. Sept. 1, 1999.

Sec. 21.509. STIPEND. The agency shall pay to each participant in the program a stipend of $5,000.

Added by Acts 1999, 76th Leg., ch. 396, Sec. 2.07(a), eff. Sept. 1, 1999.

Sec. 21.510. REIMBURSEMENT. (a) A participant in the program who fails to obtain certification or employment as required in the agreement under Section 21.508 or who voluntarily leaves or is terminated for cause from the employment after teaching in a public elementary or secondary school in this state for less than five school years shall reimburse the agency for the portion of the stipend that bears the same ratio to the amount of the stipend as the unserved portion of required service bears to the five years of required service.

(b) The obligation to reimburse the agency under this section is, for all purposes, a debt to the state. A discharge in bankruptcy under Title 11, United States Code, does not release a participant from the obligation to reimburse the agency. The amount owed bears interest at the rate equal to the highest rate being paid by the United States on the day the reimbursement is determined to be due for securities that have maturities of 90 days or less, and the interest accrues from the day the participant receives notice of the amount due.

(c) For purposes of this section, a participant in the program is not considered to be in violation of an agreement under Section 21.508 during any period in which the participant:

(1) is pursuing a full-time course of study related to the field of teaching at a public or private institution of higher education approved by the State Board for Educator Certification;

(2) is serving on active duty as a member of the armed forces of the United States;

(3) is temporarily totally disabled for a period not to exceed three years as established by sworn affidavit of a qualified physician;

(4) is unable to secure employment for a period not to exceed one year because of care required by a disabled spouse;

(5) is seeking and unable to find full-time employment as a teacher in a public elementary or secondary school for a single period not to exceed 27 months; or

(6) satisfies the provisions of any additional reimbursement exception adopted by the agency.

(d) A participant is excused from reimbursement under Subsection (a) if:

(1) the participant becomes permanently totally disabled as established by sworn affidavit of a qualified physician; or

(2) the agency waives reimbursement in the case of extreme hardship to the participant.

Added by Acts 1999, 76th Leg., ch. 396, Sec. 2.07(a), eff. Sept. 1, 1999.

Sec. 21.511. RULES. The commissioner shall adopt rules to implement this subchapter.

Added by Acts 1999, 76th Leg., ch. 396, Sec. 2.07(a), eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 7.001, eff. September 1, 2009.

SUBCHAPTER L. TEACH FOR TEXAS PILOT PROGRAM RELATING TO ALTERNATIVE CERTIFICATION

Sec. 21.551. PURPOSES. The purposes of the alternative certification Teach for Texas Pilot Program are to:

(1) attract to the teaching profession persons who have expressed interest in teaching and to support the certification of those persons as teachers;

(2) recognize the importance of the certification process governed by the State Board for Educator Certification under Subchapter B, which requires verification of competence in subject area and professional knowledge and skills;

(3) encourage the creation and expansion of educator preparation programs that recognize the knowledge and skills gained through previous educational and work-related experiences and that are delivered in a manner that recognizes individual circumstances, including the need to remain employed full-time while enrolled in the Teach for Texas Pilot Program; and

(4) provide annual stipends to postbaccalaureate teacher certification candidates.

Added by Acts 1999, 76th Leg., ch. 1590, Sec. 8, eff. June 19, 1999. Renumbered from Sec. 21.501 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(16), eff. Sept. 1, 2001.

Sec. 21.552. PROGRAM ESTABLISHED. The State Board for Educator Certification by rule shall establish the Teach for Texas Pilot Program consistent with the purposes provided by Section 21.551.

Added by Acts 1999, 76th Leg., ch. 1590, Sec. 8, eff. June 19, 1999. Renumbered from Sec. 21.502 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(16), eff. Sept. 1, 2001. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 21.002(4), eff. Sept. 1, 2001.

Sec. 21.553. FINANCIAL INCENTIVES. (a) The pilot program must offer to participants financial incentives, including tuition assistance and loan forgiveness. In offering a financial incentive, the State Board for Educator Certification shall:

(1) require a contract between each participant who accepts a financial incentive and the State Board for Educator Certification under which the participant is obligated to teach in a public school in this state for a stated period after certification;

(2) provide financial incentives in proportion to the length of the period the participant is obligated by contract to teach after certification; and

(3) give special financial incentives to a participant who agrees in the contract to teach in an underserved area.

(b) Financial incentives may be paid only from funds appropriated specifically for that purpose and from gifts, grants, and donations solicited or accepted by the State Board for Educator Certification for that purpose.

(c) The State Board for Educator Certification shall propose rules establishing criteria for awarding financial incentives under this section, including criteria for awarding financial incentives if there are more participants than funds available to provide the financial incentives.

Added by Acts 1999, 76th Leg., ch. 1590, Sec. 8, eff. June 19, 1999. Renumbered from Sec. 21.503 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(16), eff. Sept. 1, 2001.

SUBCHAPTER M. CAREERS TO CLASSROOMS PROGRAM

Sec. 21.601. DEFINITIONS. In this subchapter:

(1) "Institution of higher education" has the meaning assigned by 20 U.S.C. Section 1001 and its subsequent amendments.

(2) "Program" means the Careers to Classrooms Program.

Added by Acts 2001, 77th Leg., ch. 808, Sec. 1, eff. Sept. 1, 2001.

Sec. 21.602. ESTABLISHMENT OF PROGRAM. The agency shall establish a program to:

(1) assist persons in obtaining certification in this state as elementary or secondary school teachers or educational aides; and

(2) facilitate the employment of those persons by school districts in this state that:

(A) receive grants under 20 U.S.C. Section 6311 et seq. and its subsequent amendments on the basis of having in the district concentrations of children who are educationally disadvantaged; and

(B) have a shortage of:

(i) qualified teachers, particularly science, mathematics, computer science, or engineering teachers; or

(ii) educational aides.

Added by Acts 2001, 77th Leg., ch. 808, Sec. 1, eff. Sept. 1, 2001.

Sec. 21.603. ELIGIBILITY. A person is eligible for the program if:

(1) in the case of a person planning to become certified in this state as a public elementary or secondary school teacher, the person has received a baccalaureate or advanced degree from an institution of higher education; and

(2) in the case of a person planning to become certified in this state as an educational aide, the person has received an associate, baccalaureate, or advanced degree from an institution of higher education.

Added by Acts 2001, 77th Leg., ch. 808, Sec. 1, eff. Sept. 1, 2001.

Sec. 21.604. INFORMATION AND APPLICATIONS. (a) The agency shall develop an application for the program.

(b) The agency and the State Board for Educator Certification shall distribute the applications and information regarding the program.

Added by Acts 2001, 77th Leg., ch. 808, Sec. 1, eff. Sept. 1, 2001.

Sec. 21.605. SELECTION OF PARTICIPANTS. (a) The agency shall select persons to participate in the program on the basis of applications submitted to the agency.

(b) Each application must be submitted:

(1) in the form and contain the information the agency requires; and

(2) in a timely manner.

Added by Acts 2001, 77th Leg., ch. 808, Sec. 1, eff. Sept. 1, 2001.

Sec. 21.606. PREFERENCES. (a) In selecting persons to participate in the program who are planning to become certified in this state as teachers, the agency shall give preference to a person who:

(1) has substantial, demonstrated career experience in science, mathematics, computer science, or engineering and agrees to seek employment as a teacher in one of those subjects in a public elementary or secondary school in this state; or

(2) has substantial, demonstrated career experience in a field other than science, mathematics, computer science, or engineering that is identified by the agency as a field important for state educational objectives and agrees to seek employment as a teacher in a subject related to that field in a public elementary or secondary school in this state.

(b) The commissioner shall determine the level of experience considered substantial for purposes of this section.

Added by Acts 2001, 77th Leg., ch. 808, Sec. 1, eff. Sept. 1, 2001.

Sec. 21.607. AGREEMENT. (a) A person selected to participate in the program who is planning to become certified as a teacher must enter into a written agreement with the agency under which the person agrees to:

(1) obtain, within the period the agency by rule requires, certification in this state as an elementary or secondary school teacher; and

(2) accept, during the first school year that begins after the date the person becomes certified, an offer of full-time employment for at least two school years as an elementary or secondary school teacher with a school district described by Sections 21.602(2)(A) and (B)(i).

(b) A person selected to participate in the program who is planning to become certified as an educational aide must enter into a written agreement with the agency under which the person agrees to:

(1) obtain, within the period the agency by rule requires, certification in this state as an educational aide; and

(2) accept, during the first school year that begins after the date the person becomes certified, an offer of full-time employment for at least two school years as an educational aide with a school district described by Sections 21.602(2)(A) and (B)(ii).

Added by Acts 2001, 77th Leg., ch. 808, Sec. 1, eff. Sept. 1, 2001.

Sec. 21.608. STIPEND. The agency shall pay to each participant in the program a stipend equal to the lesser of:

(1) $5,000; or

(2) an amount equal to the total costs of the type described by Paragraphs (1), (2), (3), (8), and (9), 20 U.S.C. Section 1087ll, and its subsequent amendments, incurred by the person while obtaining certification in this state as a teacher or educational aide and employment as a teacher or educational aide at a public elementary or secondary school in this state.

Added by Acts 2001, 77th Leg., ch. 808, Sec. 1, eff. Sept. 1, 2001.

Sec. 21.609. REIMBURSEMENT. (a) A participant in the program who fails to obtain certification or employment as required by the agreement under Section 21.607 or who voluntarily leaves or is terminated for cause from employment after teaching in a public elementary or secondary school in this state for less than two school years shall reimburse the agency for the portion of the stipend that bears the same ratio to the amount of the stipend as the unserved portion of required service bears to the two school years of required service.

(b) The obligation to reimburse the agency under this section is, for all purposes, a debt to the state. A discharge in bankruptcy under Title 11, United States Code, does not release a participant from the obligation to reimburse the agency. The amount owed bears interest at the rate equal to the highest rate being paid by the United States on the day the reimbursement is determined to be due for securities that have maturities of 90 days or less, and the interest accrues from the day the participant receives notice of the amount due.

(c) For purposes of this section, a participant in the program is not considered to be in violation of an agreement under Section 21.607 during any period in which the participant:

(1) is pursuing a full-time course of study related to the field of teaching at an institution of higher education approved by the State Board for Educator Certification;

(2) is serving on active duty as a member of the armed forces of the United States;

(3) is temporarily totally disabled for a period not to exceed three years as established by affidavit of a qualified physician;

(4) is unable to secure employment for a period not to exceed one year because of care required by a disabled spouse;

(5) is seeking and unable to find full-time employment as a teacher in a public elementary or secondary school for a single period not to exceed 27 months; or

(6) satisfies the provisions of any additional reimbursement exception adopted by the agency.

(d) A participant is excused from reimbursement under Subsection (a) if the participant becomes permanently totally disabled as established by affidavit of a qualified physician. The agency may waive reimbursement for some or all of the amount owed in the case of extreme hardship to the participant.

Added by Acts 2001, 77th Leg., ch. 808, Sec. 1, eff. Sept. 1, 2001.

Sec. 21.610. GRANTS TO FACILITATE PLACEMENT. (a) The agency may enter into an agreement as prescribed by Subsection (b) with a school district described by Section 21.602(2) that first employs as a full-time elementary or secondary school teacher or educational aide after certification a person participating in the program.

(b) An agreement under this section must provide that:

(1) the school district agrees to employ the person full-time for at least two school years at a specified salary in a district school that:

(A) serves a concentration of children who are educationally disadvantaged; and

(B) has an exceptional need for teachers or educational aides, as applicable; and

(2) the state shall pay the district for that person $5,000 each year for not more than two years.

Added by Acts 2001, 77th Leg., ch. 808, Sec. 1, eff. Sept. 1, 2001.

Sec. 21.611. RULES. The commissioner shall adopt rules to implement this subchapter.

Added by Acts 2001, 77th Leg., ch. 808, Sec. 1, eff. Sept. 1, 2001.

SUBCHAPTER O. EDUCATOR EXCELLENCE INNOVATION PROGRAM

Sec. 21.701. DEFINITION. In this subchapter, "program" means the educator excellence innovation program.

Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 4.08, eff. May 31, 2006.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 948 (H.B. 1751), Sec. 2, eff. June 14, 2013.

Sec. 21.7011. PURPOSES. The purposes of the educator excellence innovation program are to:

(1) systemically transform:

(A) educator quality and effectiveness through improved and innovative school district-level recruitment, preparation, hiring, induction, evaluation, professional development, strategic compensation, career pathways, and retention; and

(B) district administrative practices to improve quality, effectiveness, and efficiency; and

(2) use the enhanced educator and administrative quality and effectiveness to improve student learning and student academic performance, especially the learning and academic performance of students enrolled in districts that:

(A) receive federal funding under Title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. Section 6301 et seq.); and

(B) have at a majority of district campuses a student enrollment of which at least 50 percent is educationally disadvantaged.

Added by Acts 2013, 83rd Leg., R.S., Ch. 948 (H.B. 1751), Sec. 3, eff. June 14, 2013.

Sec. 21.702. EDUCATOR EXCELLENCE INNOVATION PROGRAM. (a) The commissioner by rule shall establish the program under which school districts, in accordance with local educator excellence innovation plans approved by the commissioner, receive competitive program grants from the agency for carrying out the purposes of the program as described by Section 21.7011.

(b) In establishing the program, the commissioner shall adopt program guidelines in accordance with this subchapter for a school district to follow in developing a local educator excellence innovation plan under Section 21.704.

(c) In adopting rules under this section, the commissioner shall include rules governing eligibility for and participation by an open-enrollment charter school in the program.

Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 4.08, eff. May 31, 2006.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 948 (H.B. 1751), Sec. 4, eff. June 14, 2013.

Acts 2013, 83rd Leg., R.S., Ch. 948 (H.B. 1751), Sec. 5, eff. June 14, 2013.

Sec. 21.703. AMOUNT OF GRANT AWARD. (a) Each state fiscal year, the agency shall provide each school district approved on a competitive basis under this subchapter with a grant in an amount determined by the agency in accordance with commissioner rule.

(b) Not later than April 1 of each state fiscal year, the agency shall provide written notice to each school district that will be provided a grant under this section that the district will be provided the grant and the amount of that grant.

Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 4.08, eff. May 31, 2006.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 11, eff. September 1, 2009.

Acts 2013, 83rd Leg., R.S., Ch. 948 (H.B. 1751), Sec. 6, eff. June 14, 2013.

Acts 2015, 84th Leg., R.S., Ch. 448 (H.B. 7), Sec. 2, eff. September 1, 2015.

Sec. 21.704. LOCAL EDUCATOR EXCELLENCE INNOVATION PLANS. (a) In a school district that intends to participate in the program, the district-level planning and decision-making committee established under Subchapter F, Chapter 11, shall develop a local educator excellence innovation plan for the district. The local educator excellence innovation plan may provide for all campuses in the district to participate in the program or only certain campuses selected by the district-level committee.

(c) A school district must submit a local educator excellence innovation plan to the agency for approval.

(c-1) A local educator excellence innovation plan must be designed to carry out each purpose of the program as described by Section 21.7011.

(d) The agency may approve only a local educator excellence innovation plan that meets program guidelines adopted by the commissioner under Section 21.702 and that satisfies this section and Section 21.706. From among the local educator excellence innovation plans submitted and depending on the amount of money available for distribution in the educator excellence innovation fund, the agency shall approve plans that most comprehensively and innovatively address the purposes of the program as described by Section 21.7011 so that the effectiveness of various plans in achieving those purposes can be compared and evaluated.

(e) A school district whose local educator excellence innovation plan is approved by the agency to receive a program grant under this subchapter may renew the plan for three consecutive school years without resubmitting the plan to the agency for approval. A school district may amend a local educator excellence innovation plan for approval by the agency for each school year the district receives a program grant.

Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 4.08, eff. May 31, 2006.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 12, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 105(a)(2), eff. September 1, 2009.

Acts 2013, 83rd Leg., R.S., Ch. 948 (H.B. 1751), Sec. 7, eff. June 14, 2013.

Sec. 21.706. INNOVATION PLAN PAYMENTS; AUTHORIZED GENERAL AND SPECIFIC USES. A school district may use grant funds awarded to the district under this subchapter only to carry out purposes of the program as described by Section 21.7011, in accordance with the district's local educator excellence innovation plan, which may include the following specific methods or procedures:

(1) implementation and administration of a high-quality mentoring program for teachers in a teacher's first three years of classroom teaching using mentors who meet the qualifications prescribed by Section 21.458(b);

(2) implementation of a teacher evaluation system using multiple measures that include:

(A) the results of classroom observation, which may include student comments;

(B) the degree of student educational growth and learning; and

(C) the results of teacher self-evaluation;

(3) to the extent permitted under Subchapter C, Chapter 25, restructuring of the school day or school year to provide for embedded and collaborative learning communities for the purpose of professional development;

(4) establishment of an alternative teacher compensation or retention system; and

(5) implementation of incentives designed to reduce teacher turnover.

Added by Acts 2013, 83rd Leg., R.S., Ch. 948 (H.B. 1751), Sec. 8, eff. June 14, 2013.

Sec. 21.7061. IMPLEMENTATION FLEXIBILITY. (a) Notwithstanding any other provision of this code and subject to Subsection (b), a school district may apply to the commissioner in writing in accordance with commissioner rule for a waiver to exempt the district or one or more district campuses from Section 21.352(a)(2)(B), 21.353, 21.354(d), 21.3541(g), 21.451, or 21.458, as specified in the waiver application. The district's application for a waiver under this section must demonstrate that the waiver is necessary to carry out purposes of the program as described by Section 21.7011, in accordance with the district's local educator excellence innovation plan.

(b) Before an application for a waiver is submitted to the commissioner under Subsection (a), the application specifying the provision for which the waiver is sought must be approved by a vote of:

(1) a majority of the members of the school district board of trustees; and

(2) a majority of the educators employed at each campus for which the waiver is sought.

(b-1) Voting for purposes of Subsection (b) must be conducted:

(1) in accordance with commissioner rule;

(2) during the school year; and

(3) in a manner that ensures that all educators entitled to vote have a reasonable opportunity to participate in the voting.

(c) The commissioner shall grant or deny an application under this section based on standards adopted by commissioner rule. The commissioner shall notify in writing each district that applies for a waiver under this section whether the application has been granted or denied not later than April 1 of the year in which the application is submitted.

(d) Neither the board of trustees of a school district nor the district superintendent may compel a waiver of rights under this section.

(e) A waiver granted under this section expires when the waiver is no longer necessary to carry out the purposes of the program as described by Section 21.7011, in accordance with the district's local educator excellence innovation plan.

Added by Acts 2013, 83rd Leg., R.S., Ch. 948 (H.B. 1751), Sec. 8, eff. June 14, 2013.

Sec. 21.707. RULES. The commissioner shall adopt rules necessary to administer this subchapter.

Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 4.08, eff. May 31, 2006.

SUBCHAPTER Q. TEXAS TEACHER RESIDENCY PROGRAM

Sec. 21.801. ESTABLISHMENT OF PROGRAM. (a) Not later than March 1, 2014, the commissioner of higher education shall, through a competitive selection process, establish a Texas Teacher Residency Program at a public institution of higher education that has developed a commitment to investing in teacher education.

(b) The public institution of higher education shall form a partnership with an area school district or open-enrollment charter school to provide employment to residents in the program.

(c) The program must be designed to:

(1) award teaching residents participating in the program a master's degree; and

(2) lead to certification under Subchapter B for participating teaching residents who are not already certified teachers.

(d) The public institution of higher education shall:

(1) reward faculty instructing in the teacher residency program;

(2) identify faculty who can prepare teachers to impact student achievement in high-need schools;

(3) provide institutional support of faculty who work with the teacher residency program by providing time to teach the courses and valuing the faculty's contributions with rewards in the university tenure process; and

(4) develop and implement a program that acknowledges and elevates the significance and professional nature of teaching at the primary and secondary levels.

Added by Acts 2013, 83rd Leg., R.S., Ch. 949 (H.B. 1752), Sec. 1, eff. September 1, 2013.

Sec. 21.802. PROGRAM COMPONENTS. The teacher residency program shall include:

(1) competitive admission requirements with multiple criteria;

(2) integration of pedagogy and classroom practice;

(3) rigorous master's level course work, while undertaking a guided apprenticeship at the partner area school district or open-enrollment charter school;

(4) a team mentorship approach to expose teaching residents to a variety of teaching methods, philosophies, and classroom environments;

(5) clear criteria for the selection of mentor teachers based on measures of teacher effectiveness and the appropriate subject area knowledge;

(6) measures of appropriate progress through the program;

(7) the collaboration with one or more regional education service centers or local nonprofit education organizations to provide professional development or other structured learning experiences for teaching residents;

(8) a livable stipend for teaching residents;

(9) a post-completion commitment by teaching residents to serve four years at schools that are difficult to staff;

(10) job placement assistance for teaching residents;

(11) support for teaching residents for not less than one year following the resident's completion of the program through the provision of mentoring, professional development, and networking opportunities;

(12) demonstration of the integral role and responsibilities of the partner area school district or open-enrollment charter school in fulfilling the purpose of the program; and

(13) monetary or in-kind contributions provided by the public institution of higher education, partner area school district, or open-enrollment charter school to demonstrate that the program may be sustained in the absence of grant funds or state appropriations.

Added by Acts 2013, 83rd Leg., R.S., Ch. 949 (H.B. 1752), Sec. 1, eff. September 1, 2013.

Sec. 21.803. PROGRAM ELIGIBILITY. To be eligible to be admitted and hired as a teaching resident under the program, an individual must:

(1) have received the individual's initial teaching certificate not more than two years before applying for a residency and must have less than 18 months of full-time equivalency teaching experience as a certified teacher; or

(2) hold a bachelor's degree and:

(A) be a mid-career professional from outside the field of education, and have strong content knowledge or a record of achievement; or

(B) be a noncertified educator such as a substitute teacher or teaching assistant.

Added by Acts 2013, 83rd Leg., R.S., Ch. 949 (H.B. 1752), Sec. 1, eff. September 1, 2013.

Sec. 21.804. SELECTION OF PARTICIPANTS. The teaching residency program shall establish criteria for selection of individuals to participate in the program. The selection criteria must include:

(1) a demonstration of comprehensive subject area knowledge or a record of accomplishment in the field or subject area to be taught;

(2) strong verbal and written communication skills, which may be demonstrated by performance on appropriate tests; and

(3) attributes linked to effective teaching, which may be determined by interviews or performance assessments.

Added by Acts 2013, 83rd Leg., R.S., Ch. 949 (H.B. 1752), Sec. 1, eff. September 1, 2013.

Sec. 21.805. RULES. The commissioner of higher education shall adopt rules as necessary to implement this subchapter.

Added by Acts 2013, 83rd Leg., R.S., Ch. 949 (H.B. 1752), Sec. 1, eff. September 1, 2013.

Sec. 21.806. AUTHORITY TO ACCEPT CERTAIN FUNDS. (a) The commissioner of higher education may solicit and accept gifts, grants, and donations from public and private entities to use for the purposes of this subchapter.

(b) The teacher residency program may be established and maintained only if sufficient funds are available under this section for that purpose.

Added by Acts 2013, 83rd Leg., R.S., Ch. 949 (H.B. 1752), Sec. 1, eff. September 1, 2013.

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EDUCATION CODE TITLE 2. PUBLIC EDUCATION SUBTITLE D. EDUCATORS AND SCHOOL DISTRICT EMPLOYEES AND VOLUNTEERS CHAPTER 21. EDUCATORS SUBCHAPTER A. GENERAL PROVISIONS Sec. 21.001. DEFINITIONS. In this chapter: (1) "Commissioner" includes a person designated by the commissioner. (2) "Digital learning" means any type of learning that is facilitated by technology or instructional practice that makes effective use of technology.

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Improper Relationship Between Educator and Student - Texas State Statute

-Applicable to both private and public educational settings in the state of Texas (Tex. Penal Code §21.12)
-Commits a secondary felony offense by an educator engaging in sexual acts, sexual intercourse, or deviation of sexual intercourse with a student in school where they work (Tex. Penal Code §21.12)
-The same violations occur if the educator knowingly recognizes the person in question is a member of a school or is involved in a school sponsored event (Tex. Penal Code §21.12)

Improper Relationship Between Educator and Student, Tex. Penal Code §21.12

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PENAL CODE



TITLE 5. OFFENSES AGAINST THE PERSON



CHAPTER 21. SEXUAL OFFENSES



Sec. 21.01. DEFINITIONS. In this chapter:


(1) "Deviate sexual intercourse" means:


(A) any contact between any part of the genitals of one person and the mouth or anus of another person; or


(B) the penetration of the genitals or the anus of another person with an object.


(2) "Sexual contact" means, except as provided by Section 21.11, any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person.


(3) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ.


(4) "Spouse" means a person to whom a person is legally married under Subtitle A, Title 1, Family Code, or a comparable law of another jurisdiction.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 373, ch. 168, Sec. 1, eff. Aug. 27, 1979; Acts 1981, 67th Leg., p. 203, ch. 96, Sec. 3, eff. Sept. 1, 1981; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2001, 77th Leg., ch. 739, Sec. 1, eff. Sept. 1, 2001.


Amended by:


Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.124, eff. September 1, 2005.


Sec. 21.02. CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR CHILDREN. (a) In this section, "child" has the meaning assigned by Section 22.011(c).


(b) A person commits an offense if:


(1) during a period that is 30 or more days in duration, the person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims; and


(2) at the time of the commission of each of the acts of sexual abuse, the actor is 17 years of age or older and the victim is a child younger than 14 years of age, regardless of whether the actor knows the age of the victim at the time of the offense.


(c) For purposes of this section, "act of sexual abuse" means any act that is a violation of one or more of the following penal laws:


(1) aggravated kidnapping under Section 20.04(a)(4), if the actor committed the offense with the intent to violate or abuse the victim sexually;


(2) indecency with a child under Section 21.11(a)(1), if the actor committed the offense in a manner other than by touching, including touching through clothing, the breast of a child;


(3) sexual assault under Section 22.011;


(4) aggravated sexual assault under Section 22.021;


(5) burglary under Section 30.02, if the offense is punishable under Subsection (d) of that section and the actor committed the offense with the intent to commit an offense listed in Subdivisions (1)-(4);


(6) sexual performance by a child under Section 43.25;


(7) trafficking of persons under Section 20A.02(a)(7) or (8); and


(8) compelling prostitution under Section 43.05(a)(2).


(d) If a jury is the trier of fact, members of the jury are not required to agree unanimously on which specific acts of sexual abuse were committed by the defendant or the exact date when those acts were committed. The jury must agree unanimously that the defendant, during a period that is 30 or more days in duration, committed two or more acts of sexual abuse.


(e) A defendant may not be convicted in the same criminal action of an offense listed under Subsection (c) the victim of which is the same victim as a victim of the offense alleged under Subsection (b) unless the offense listed in Subsection (c):


(1) is charged in the alternative;


(2) occurred outside the period in which the offense alleged under Subsection (b) was committed; or


(3) is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (b).


(f) A defendant may not be charged with more than one count under Subsection (b) if all of the specific acts of sexual abuse that are alleged to have been committed are alleged to have been committed against a single victim.


(g) It is an affirmative defense to prosecution under this section that the actor:


(1) was not more than five years older than:


(A) the victim of the offense, if the offense is alleged to have been committed against only one victim; or


(B) the youngest victim of the offense, if the offense is alleged to have been committed against more than one victim;


(2) did not use duress, force, or a threat against a victim at the time of the commission of any of the acts of sexual abuse alleged as an element of the offense; and


(3) at the time of the commission of any of the acts of sexual abuse alleged as an element of the offense:


(A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or


(B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section or an act of sexual abuse as described by Subsection (c).


(h) An offense under this section is a felony of the first degree, punishable by imprisonment in the Texas Department of Criminal Justice for life, or for any term of not more than 99 years or less than 25 years.


Added by Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 1.17, eff. September 1, 2007.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 1 (S.B. 24), Sec. 6.04, eff. September 1, 2011.


Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 31, eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 2, eff. September 1, 2017.


Section 21.06 was declared unconstitutional by Lawrence v. Texas, 123 S.Ct. 2472.



Sec. 21.06. HOMOSEXUAL CONDUCT. (a) A person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex.


(b) An offense under this section is a Class C misdemeanor.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.


Sec. 21.07. PUBLIC LEWDNESS.


(a) A person commits an offense if the person knowingly engages in any of the following acts in a public place or, if not in a public place, the person is reckless about whether another is present who will be offended or alarmed by the person's:


(1) act of sexual intercourse;


(2) act of deviate sexual intercourse; or


(3) act of sexual contact.


(b) An offense under this section is a Class A misdemeanor.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 739 (S.B. 1232), Sec. 1, eff. September 1, 2017.


Sec. 21.08. INDECENT EXPOSURE. (a) A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act.


(b) An offense under this section is a Class B misdemeanor.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 509, ch. 924, Sec. 1, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.


Sec. 21.09. BESTIALITY. (a) A person commits an offense if the person knowingly:


(1) engages in an act involving contact between:


(A) the person's mouth, anus, or genitals and the anus or genitals of an animal; or


(B) the person's anus or genitals and the mouth of the animal;


(2) fondles or touches the anus or genitals of an animal in a manner that is not a generally accepted and otherwise lawful animal husbandry or veterinary practice, including touching through clothing;


(3) causes an animal to contact the seminal fluid of the person;


(4) inserts any part of a person's body or any object into the anus or genitals of an animal in a manner that is not a generally accepted and otherwise lawful animal husbandry or veterinary practice;


(5) possesses, sells, transfers, purchases, or otherwise obtains an animal with the intent that the animal be used for conduct described by Subdivision (1), (2), (3), or (4);


(6) organizes, promotes, conducts, or participates as an observer of conduct described by Subdivision (1), (2), (3), or (4);


(7) causes a person to engage or aids a person in engaging in conduct described by Subdivision (1), (2), (3), or (4);


(8) permits conduct described by Subdivision (1), (2), (3), or (4) to occur on any premises under the person's control;


(9) engages in conduct described by Subdivision (1), (2), (3), or (4) in the presence of a child younger than 18 years of age; or


(10) advertises, offers, or accepts the offer of an animal with the intent that the animal be used in this state for conduct described by Subdivision (1), (2), (3), or (4).


(b) An offense under this section is a state jail felony, unless the offense is committed under Subsection (a)(9) or results in serious bodily injury or death of the animal, in which event the offense is a felony of the second degree.


(c) It is an exception to the application of this section that the conduct engaged in by the actor is a generally accepted and otherwise lawful animal husbandry or veterinary practice.


Added by Acts 2017, 85th Leg., R.S., Ch. 739 (S.B. 1232), Sec. 2, eff. September 1, 2017.


Sec. 21.11. INDECENCY WITH A CHILD. (a) A person commits an offense if, with a child younger than 17 years of age, whether the child is of the same or opposite sex and regardless of whether the person knows the age of the child at the time of the offense, the person:


(1) engages in sexual contact with the child or causes the child to engage in sexual contact; or


(2) with intent to arouse or gratify the sexual desire of any person:


(A) exposes the person's anus or any part of the person's genitals, knowing the child is present; or


(B) causes the child to expose the child's anus or any part of the child's genitals.


(b) It is an affirmative defense to prosecution under this section that the actor:


(1) was not more than three years older than the victim and of the opposite sex;


(2) did not use duress, force, or a threat against the victim at the time of the offense; and


(3) at the time of the offense:


(A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or


(B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section.


(b-1) It is an affirmative defense to prosecution under this section that the actor was the spouse of the child at the time of the offense.


(c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:


(1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or


(2) any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person.


(d) An offense under Subsection (a)(1) is a felony of the second degree and an offense under Subsection (a)(2) is a felony of the third degree.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1981, 67th Leg., p. 472, ch. 202, Sec. 3, eff. Sept. 1, 1981; Acts 1987, 70th Leg., ch. 1028, Sec. 1, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1999, 76th Leg., ch. 1415, Sec. 23, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 739, Sec. 2, eff. Sept. 1, 2001.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 260 (H.B. 549), Sec. 1, eff. September 1, 2009.


Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 32, eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 3, eff. September 1, 2017.


Sec. 21.12. IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT. (a) An employee of a public or private primary or secondary school commits an offense if the employee:


(1) engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person who is enrolled in a public or private primary or secondary school at which the employee works;


(2) holds a position described by Section 21.003(a) or (b), Education Code, regardless of whether the employee holds the appropriate certificate, permit, license, or credential for the position, and engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person the employee knows is:


(A) enrolled in a public or private primary or secondary school, other than a school described by Subdivision (1); or


(B) a student participant in an educational activity that is sponsored by a school district or a public or private primary or secondary school, if students enrolled in a public or private primary or secondary school are the primary participants in the activity; or


(3) engages in conduct described by Section 33.021, with a person described by Subdivision (1), or a person the employee knows is a person described by Subdivision (2)(A) or (B), regardless of the age of that person.


(b) An offense under this section is a felony of the second degree.


(b-1) It is an affirmative defense to prosecution under this section that:


(1) the actor was the spouse of the enrolled person at the time of the offense; or


(2) the actor was not more than three years older than the enrolled person and, at the time of the offense, the actor and the enrolled person were in a relationship that began before the actor's employment at a public or private primary or secondary school.


(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or both sections.


(d) The name of a person who is enrolled in a public or private primary or secondary school and involved in an improper relationship with an educator as provided by Subsection (a) may not be released to the public and is not public information under Chapter 552, Government Code.


Added by Acts 2003, 78th Leg., ch. 224, Sec. 1, eff. Sept. 1, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 610 (H.B. 401), Sec. 1, eff. September 1, 2007.


Acts 2007, 80th Leg., R.S., Ch. 772 (H.B. 3659), Sec. 1, eff. September 1, 2007.


Acts 2009, 81st Leg., R.S., Ch. 260 (H.B. 549), Sec. 2, eff. September 1, 2009.


Acts 2011, 82nd Leg., R.S., Ch. 761 (H.B. 1610), Sec. 3, eff. September 1, 2011.


Acts 2017, 85th Leg., R.S., Ch. 178 (S.B. 7), Sec. 1, eff. September 1, 2017.


Sec. 21.15. INVASIVE VISUAL RECORDING. (a) In this section:


(1) "Female breast" means any portion of the female breast below the top of the areola.


(2) "Intimate area" means the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person.


(3) "Changing room" means a room or portioned area provided for or primarily used for the changing of clothing and includes dressing rooms, locker rooms, and swimwear changing areas.


(4) "Promote" has the meaning assigned by Section 43.21.


(b) A person commits an offense if, without the other person's consent and with intent to invade the privacy of the other person, the person:


(1) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of an intimate area of another person if the other person has a reasonable expectation that the intimate area is not subject to public view;


(2) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another in a bathroom or changing room; or


(3) knowing the character and content of the photograph, recording, broadcast, or transmission, promotes a photograph, recording, broadcast, or transmission described by Subdivision (1) or (2).


(c) An offense under this section is a state jail felony.


(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.


(e) For purposes of Subsection (b)(2), a sign or signs posted indicating that the person is being photographed or that a visual image of the person is being recorded, broadcast, or transmitted is not sufficient to establish the person's consent under that subdivision.


Added by Acts 2001, 77th Leg., ch. 458, Sec. 1, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 500, Sec. 1, eff. Sept. 1, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 306 (H.B. 1804), Sec. 1, eff. September 1, 2007.


Acts 2015, 84th Leg., R.S., Ch. 955 (S.B. 1317), Sec. 1, eff. June 18, 2015.


Acts 2015, 84th Leg., R.S., Ch. 955 (S.B. 1317), Sec. 2, eff. June 18, 2015.


Sec. 21.16. UNLAWFUL DISCLOSURE OR PROMOTION OF INTIMATE VISUAL MATERIAL. (a) In this section:


(1) "Intimate parts" means the naked genitals, pubic area, anus, buttocks, or female nipple of a person.


(2) "Promote" means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do any of the above.


(3) "Sexual conduct" means sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse.


(4) "Simulated" means the explicit depiction of sexual conduct that creates the appearance of actual sexual conduct and during which a person engaging in the conduct exhibits any uncovered portion of the breasts, genitals, or buttocks.


(5) "Visual material" means:


(A) any film, photograph, videotape, negative, or slide or any photographic reproduction that contains or incorporates in any manner any film, photograph, videotape, negative, or slide; or


(B) any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission, or other method.


(b) A person commits an offense if:


(1) without the effective consent of the depicted person and with the intent to harm that person, the person discloses visual material depicting another person with the person's intimate parts exposed or engaged in sexual conduct;


(2) at the time of the disclosure, the person knows or has reason to believe that the visual material was obtained by the person or created under circumstances in which the depicted person had a reasonable expectation that the visual material would remain private;


(3) the disclosure of the visual material causes harm to the depicted person; and


(4) the disclosure of the visual material reveals the identity of the depicted person in any manner, including through:


(A) any accompanying or subsequent information or material related to the visual material; or


(B) information or material provided by a third party in response to the disclosure of the visual material.


(c) A person commits an offense if the person intentionally threatens to disclose, without the consent of the depicted person, visual material depicting another person with the person's intimate parts exposed or engaged in sexual conduct and the actor makes the threat to obtain a benefit:


(1) in return for not making the disclosure; or


(2) in connection with the threatened disclosure.


(d) A person commits an offense if, knowing the character and content of the visual material, the person promotes visual material described by Subsection (b) on an Internet website or other forum for publication that is owned or operated by the person.


(e) It is not a defense to prosecution under this section that the depicted person:


(1) created or consented to the creation of the visual material; or


(2) voluntarily transmitted the visual material to the actor.


(f) It is an affirmative defense to prosecution under Subsection (b) or (d) that:


(1) the disclosure or promotion is made in the course of:


(A) lawful and common practices of law enforcement or medical treatment;


(B) reporting unlawful activity; or


(C) a legal proceeding, if the disclosure or promotion is permitted or required by law;


(2) the disclosure or promotion consists of visual material depicting in a public or commercial setting only a person's voluntary exposure of:


(A) the person's intimate parts; or


(B) the person engaging in sexual conduct; or


(3) the actor is an interactive computer service, as defined by 47 U.S.C. Section 230, and the disclosure or promotion consists of visual material provided by another person.


(g) An offense under this section is a state jail felony.


(h) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both.


Added by Acts 2015, 84th Leg., R.S., Ch. 852 (S.B. 1135), Sec. 3, eff. September 1, 2015.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 858 (H.B. 2552), Sec. 16(b), eff. September 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 1354 (H.B. 98), Sec. 2, eff. September 1, 2019.


Sec. 21.17. VOYEURISM. (a) A person commits an offense if the person, with the intent to arouse or gratify the sexual desire of the actor, observes another person without the other person's consent while the other person is in a dwelling or structure in which the other person has a reasonable expectation of privacy.


(b) Except as provided by Subsection (c) or (d), an offense under this section is a Class C misdemeanor.


(c) An offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the actor has previously been convicted two or more times of an offense under this section.


(d) An offense under this section is a state jail felony if the victim was a child younger than 14 years of age at the time of the offense.


(e) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.


Added by Acts 2015, 84th Leg., R.S., Ch. 676 (H.B. 207), Sec. 1, eff. September 1, 2015.


Redesignated from Penal Code, Section 21.16 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(35), eff. September 1, 2017.


Sec. 21.18. SEXUAL COERCION. (a) In this section:


(1) "Intimate visual material" means the visual material described by Section 21.16(b)(1) or (c).


(2) "Sexual conduct" has the meaning assigned by Section 43.25.


(b) A person commits an offense if the person intentionally threatens, including by coercion or extortion, to commit an offense under Chapter 43 or Section 20A.02(a)(3), (4), (7), or (8), 21.02, 21.08, 21.11, 21.12, 21.15, 21.16, 21.17, 22.011, or 22.021 to obtain, in return for not committing the threatened offense or in connection with the threatened offense, any of the following benefits:


(1) intimate visual material;


(2) an act involving sexual conduct causing arousal or gratification; or


(3) a monetary benefit or other benefit of value.


(c) A person commits an offense if the person intentionally threatens, including by coercion or extortion, to commit an offense under Chapter 19 or 20 or Section 20A.02(a)(1), (2), (5), or (6) to obtain, in return for not committing the threatened offense or in connection with the threatened offense, either of the following benefits:


(1) intimate visual material; or


(2) an act involving sexual conduct causing arousal or gratification.


(d) This section applies to a threat regardless of how that threat is communicated, including a threat transmitted through e-mail or an Internet website, social media account, or chat room and a threat made by other electronic or technological means.


(e) An offense under this section is a state jail felony, except that the offense is a felony of the third degree if it is shown on the trial of the offense that the defendant has previously been convicted of an offense under this section.


Added by Acts 2017, 85th Leg., R.S., Ch. 858 (H.B. 2552), Sec. 16(c), eff. September 1, 2017.


Added by Acts 2017, 85th Leg., R.S., Ch. 1038 (H.B. 1808), Sec. 4(b), eff. September 1, 2017.


Sec. 21.19. UNLAWFUL ELECTRONIC TRANSMISSION OF SEXUALLY EXPLICIT VISUAL MATERIAL. (a) In this section, "intimate parts," "sexual conduct," and "visual material" have the meanings assigned by Section 21.16.


(b) A person commits an offense if the person knowingly transmits by electronic means visual material that:


(1) depicts:


(A) any person engaging in sexual conduct or with the person's intimate parts exposed; or


(B) covered genitals of a male person that are in a discernibly turgid state; and


(2) is not sent at the request of or with the express consent of the recipient.


(c) An offense under this section is a Class C misdemeanor.


(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.


Added by Acts 2019, 86th Leg., R.S., Ch. 848 (H.B. 2789), Sec. 1, eff. September 1, 2019.

# data[].attributes.attachment_link.description
PENAL CODE TITLE 5. OFFENSES AGAINST THE PERSON CHAPTER 21. SEXUAL OFFENSES Sec. 21.01. DEFINITIONS. In this chapter: (1) "Deviate sexual intercourse" means: (A) any contact between any part of the genitals of one person and the mouth or anus of another person; or (B) the penetration of the genitals or the anus of another person with an object.

# data[].attributes.body
-Educators should be mindful of what they are sharing about themselves to their students (Harper, 2018).
-Relationship-building is important between teachers and students, yet a wide variety of topics should be avoided: divorces, custody issues, or severe illnesses (Harper, 2018).
-Students at no point should be in a position of assuming the role of friend, therapist, or counselor for their teacher (Harper, 2018).
-Discussions of the personal nature in class should follow the same guidelines of what is shared on social media, simply, the public does not need to know everything about a teacher (Harper, 2018).
-Relationship building should never exceed the limits of providing educational opportunities, anything beyond that scope encroaches upon inappropriate behavior between educator and student (Harper, 2018).

Harper, A. (2018, June 20). Where is the line between relationship building and tmi [Web log post]. Retrieved from https://www.educationdive.com/news/where-is-the-line-between-relationship-building-and-tmi/526099/

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A lawsuit is now pending in Texas regarding an elementary school art teacher who presented students with a slide show about herself including a picture of her future wife. Parents complained that this was part of a campaign to promote a "homosexual agenda," District Administration reports.

While building personal relationships with students is generally encouraged, the case raises new discussions about how much personal information students should share with students.

Many school districts already have policies in place limiting discussions of personal views of religion and politics in a classroom setting, but may need to consider setting limits on discussion of other personal matters which are often left to teacher discretion.

Dive Insight:

Building a rapport with students usually requires that teachers share a little of themselves in an effort to connect with students and create shared bonds. Teachers may discuss their own pets, interests, travel experiences, and educational obstacles in ways that help students see teachers as three-dimensional human beings. This type of sharing can often enhance the learning experience, especially if the information is shared in relation to topics discussed in the classroom.

However, the sharing of some personal information may distract from the educational goals of the classroom, even if the information is perfectly valid to share in other contexts. Teachers need to be aware that comments about their personal lives can make an impact on students. Discussions of divorce proceedings, custody battles, or certain health issues, for instance, may cause students to worry about the teacher or feel uncomfortable with that level of knowledge. Discussions of personal sexual partners or activities are almost never appropriate in a classroom setting. Experts stress that students should not be treated as friends, counselors or therapists. This distorts the role of a teacher and limits effectiveness.

School administrators and school boards are sometimes left to deal with the fallout when questionable discussions arise, as the current lawsuit demonstrates. Though school administrators may be wary of drawing firm guidelines regarding such discussions, the issue can be discussed with teachers in the context of social media guideline discussions. Most school boards have social media policies for teachers to help deter the effects of student access to sensitive information about teachers and to prevent the formation of inappropriate relationships. Classroom discussions should also have some limits as well. As in all aspects of classroom interaction, personal information should not distract from the educational needs of the students.

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Where is the line between relationship building and TMI?

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A lawsuit is now pending in Texas regarding an elementary school art teacher who presented students with a slide show about herself including a picture of her future wife. Parents complained that this was part of a campaign to promote a "homosexual agenda," District Administration reports.

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- 50% of students by the age of 12 have social media accounts, and 83% of students have a personal cell phone by the time they are in middle school, potentially increasing the chances for students and teachers to interact amongst the platforms (Harper, 2019).
- 7 in 10 teenagers hide online activity from parents, thus increasing the security risks of potential inappropriate student teacher relationships (Harper, 2019).
-School districts should create policy that requires communication between teachers and students to use district approved communication platforms, and district devices that block social media sites as protective measures.
-School districts should also prohibit teachers from communicating with students via phone calls, texts and social media, and to also be mindful of what they post on personal accounts (Harper, 2019).
-Social media can be used appropriately, but noticeably, risks for inappropriate behavior should be the main priority when connecting teachers and students to one another (Harper, 2019).
- There is a growing understanding of the legal implications and risk to student safety in regards to social media, to which school districts are working to avoid such in present and future times (Harper, 2019).

Harper, A. (2019, September 9). Should teachers and students connect through social media? [Web log post]. Retrieved from  https://www.educationdive.com/news/should-teachers-and-students-connect-through-social-media/562368/

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Dive Brief:

Studies show that 50% of students have social media accounts by age 12 and 83% of students have their own cell phone by the time they reach middle school. But allowing teachers and students to connect with one another through social media opens the door to inappropriate relationships and potential abuse, eSchool News reports.

The problem is especially concerning as 70% of teens, according to research, tend to hide their online activity from parents through various apps designed for the purpose, a factor that child sexual abusers tend to use to their advantage, the article said.

To prevent potential abuse or questionable relationships between students and teachers, experts recommend that school districts only allow contact between teachers and students through district electronic platforms and only on district-provided devices that restrict access to social media apps. They also recommend that school districts prohibit teachers and students from communicating through calls, texts, personal email accounts, or social media, and that teachers avoid posting inappropriate images or personal information on public social media accounts.

Dive Insight:

The use of social media can provide schools and students with opportunities to connect to the world, and they can also be used creatively to tell a school's story, to celebrate success stories, or to rebrand a school.

These efforts can also involve social media-savvy students who can offer valuable insight into how it can be used. Some schools have used social media efforts by staff and students to distribute clever videos that acknowledge staff efforts or even to make snow day announcements highly entertaining.

However, school districts also need to consider the pitfalls when establishing clear, enforceable social media policies designed to protect teachers and students alike. Social media connections between students and teachers can lead to disaster. In some cases, this interaction has led to misunderstandings, inappropriate relationships, or sexual contact. Even the posting of provocative pictures by teachers on their own Facebook pages has resulted in embarrassing situations for the schools involved.

School districts are increasingly considering the potential harm these social media interactions can cause as well as the legal implications involved for the school district. As social media policies are examined and updated, school leaders need to communicate the potential for harm and look for solutions that promote the best use of social media in school setting.

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Should teachers and students connect through social media?

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Studies show that 50% of students have social media accounts by age 12 and 83% of students have their own cell phone by the time they reach middle school. But allowing teachers and students to connect with one another through social media opens the door to inappropriate relationships and potential abuse, eSchool News reports.

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This resource provides a background of past experiences with limiting online communication with students, while also suggesting this tool could strengthen and advance learning between educators and students. (Walker, 2016). The best implementation requires educators to use common sense and solid judgement when using these tools and also setting clear and safe expectations (Walker, 2016). It is also suggested to use third party applications and services as to avoid direct lines of communication be at risk for both students and educators (Walker, 2016).

Walker, T. (2016, May 10). Keeping the "fear factor" out of teacher-student texting [Web log post]. Retrieved from https://www.nea.org/advocating-for-change/new-from-nea/keeping-fear-factor-out-teacher-student-texting

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Even as many educators grow increasingly comfortable with the idea of cellphones as learning tools - including regulated uses of social media - for many teachers, texting with students presents a slippery slope not worth stepping onto.

The fears are not unfounded. The potential for misunderstanding and blurred lines of privacy always linger. In those districts that strictly forbid teacher-student texting, the issue isn't even open for discussion Some states have attempted to take the ban further by outlawing any online communication between teachers and students, including on more public venues such as Facebook or Twitter.

Missouri passed such a law in 2011 but it was soon repealed after educators and others denounced it as an overreaction. In 2015, an Indiana lawmaker introduced a similar bill but the measure was soon withdrawn in the face of widespread opposition.

There's an obvious need to tread carefully and establish parameters around any policies permitting texting between educators and their students. But many experts believe schools that ban the practice - by preventing teachers from taking advantage of a potentially valuable tool of communication - are actually ill-serving students.

Liz Kolb, a professor of educational technologies at the University of Michigan, believes much can be lost by dismissing texting. Kolb says the "fear factor" around teacher-student texting is real but shouldn't dictate the parameters around online communication. "Common sense and personal judgment should," Kolb says.

"The benefits to communicating via cell phones with students include bridging school learning with everyday experiences, connecting with students over breaks and on snow days, communicating to check for misunderstanding and to extend lessons, personalizing learning, and modeling positive digital citizenship skills to students," Kolb explains.

Ultimately, however, whether or not to do so remains a "personal decision for each teacher," she adds.
Boundaries and Expectations
To Brian McAndrew, a business teacher in Urbana, Illinois, the question of whether to give his cell number to his students was an easy call.

"That's just not somewhere I'm willing to go. There has to be boundaries between teachers and students," says McAndrew. He was still interested in fostering some form of online communication with his students.

"Students are so connected to their phones and it's their primary tool of communication. So we have to find some way to use it to communicate, obviously with boundaries," says McAndrew. A while back, he considered communicating with his students via Twitter but quickly dismissed it.

McAndrew found the right medium with the increasingly popular Remind app, which many districts see as an acceptable alternative. Educators can blast out assignments, helpful study aids or reminders about an upcoming test, and copy parents on each and every message. Because Remind runs through a third party service, no cell phone numbers are necessary.

In addition to Remind, GroupMe or Cel.ly also create alerts for the class. Educators can also sign up for a phone number through Google Voice so that students and parents do not have the teacher's direct cell phone number.

If teachers want to connect with students via cell phones for assignments and class communication, they need to be clear with students about the nature of the communication, says Kolb. Establishing parameters and expectations with students and their parents is therefore critical.

"For some teachers this may mean not allowing phone calls or class texts after a certain time on weekdays and/or weekends," she explains. "Some teachers schedule a weekly text alert at 4:00 p.m. on Friday to remind parents and students that they will not be in communication again for work until Monday at 8:00 a.m."
Keep Communication Channels Open
Mica Pollock, a professor of education at the University of California, believes over-regulation of teacher-student texting could impair a school's ability to support at-risk youth. These students' academic success depends in part on strong bonds of communication with their teachers. A low-cost technology like texting, according to Pollock, is a "rapid, personalized tool for youth support" that can help create and sustain those ties.

A few years ago, Pollock and Uche Amaechi, a doctoral student at Harvard University, followed two teachers and 40 at-risk students at a Massachusetts school as they texted regularly, using Google Voice, over the course of an entire school year. Specific ground-rules were established - namely be respectful of teachers time - but no limitations were placed on actual content.

According to Pollock's and Amaechi's report, both students and teachers noted that "texting allowed students and teachers to support each other as well as 'bond,' in ways crucial for solidifying students' commitment to both teachers and school. Students made it clear that the more they felt teachers cared about them and their success, the more they wanted to succeed in school - and that texting helped solidify this confidence."

Many of the teachers at the school chose not to participate in the texting pilot, due mostly to typical concerns over boundaries. Teacher anxiety remains a big obstacle, but Amaechi believes it can be addressed by clarifying goals, a discussion that involves all stakeholders. And, again, using a transparent medium is key.

"We did it through Google Voice," Amaechi says. "There are numerous platforms that could be used that are accessible by third parties. The challenge is to use a platform that doesn't feel cumbersome to students or teachers."

Ensuring student safety should always be a top priority, adds Pollock, and having all exchanges documented in a running record actually protects teachers as well as students.

It may take some planning to create the boundaries and establish specific goals, but the rewards for students, particularly those who need extra help, could be significant.

Teacher-student communication is always something to consider carefully, whether it's 1-1 or 1-30, in person or via text message," says Pollock. "But I think we need to make it more routine, not rare, to invite dialogue with students, regardless of channel."

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Keeping the 'Fear Factor' Out of Teacher-Student Texting | NEA

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Even as many educators grow increasingly comfortable with the idea of cellphones as learning tools - including regulated uses of social media - for many teachers, texting with students presents a slippery slope not worth stepping onto. The fears are not unfounded. The potential for misunderstanding and blurred lines of privacy always linger.

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This legal guide was created in order to educate educators on the importance of recognizing the laws and regulations the state of Texas has created in order to address inappropriate student teacher relationships. This is a vital subject of study as a means to reduce any relationships of this nature to ensure the safety of minors and students in Texas private and public schools. Additionally, as means to educate educators, this guide provides background of what constitutes such relationships and how educators can avoid such situations. Of the greatest importance, this guide aims to uphold the integrity of the education field, and what students should receive in educational environments in terms of safety and security,

For future considerations, this topic relates well to the ongoing advancement of social media platforms and digital communications. As these methods of communication continue to advance in number, privacy, and variety, connections to student and teacher relationships remains a prime focus to comprehend per these considerations. As members in the education community connect to one another, it is pivotal to understand what constitutes appropriate and inappropriate behavior among these platforms and the risks associated within them. In time, future codes of adherence and laws may be created as additional means to protect students though these forms of communication with that of their educators to avoid inappropriate relationships between the two parties.

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Slide #1 Professional Perspective/ Audience/ Topic

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Slide #1 Professional Perspective/ Audience/ Topic

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This legal guide was created through the perspective of a future Advanced Instructor in the field of Curriculum and Instruction. This perspective allows insight for educators K-12 in the state of Texas regarding the issues of inappropriate student/teacher relationships.

This legal guide aims to provide both legal and ethical principles regarding inappropriate student teacher relationships to Texas State educators in order to provide background, education, and current status of this ongoing issue in the field of education.

The topic of this legal guide is to present a thorough background of issues regarding inappropriate student teacher relationships. This topic was chosen to inform and protect the greater interests of teachers and students in the state of Texas to uphold the integrity of individuals and the educational environments in which they interact. To a greater emphasis, this legal guide provides vital information to protect the safety of minors and students within the state of Texas from such relationships.