SECTION 153.1205. Persons Under Investigation

(a) Persons under investigation for misconduct following a report under §153.1203 of this title (relating to Required Reporting by Administrators) are identified by name on the Texas Education Agency (TEA) website.

(b) Within 30 days of receiving a report under §153.1203 of this title and at least 15 calendar days before identifying a person on the TEA website as under investigation, the commissioner of education shall send the person who is the subject of the report a notice by both first-class U.S. mail and certified mail, return receipt requested, to the person's address in the report:

(1) notifying the person of the report, including a statement of the alleged conduct that forms the basis for the report;

(2) stating that the person must request a State Office of Administrative Hearings (SOAH) hearing within 10 days after the date the person receives the notice; and

(3) providing the person with the opportunity to show cause in a written response sent within 10 days of receiving the notice, explaining why the commissioner should not pursue an investigation.

(c) For purposes of this section and §153.1207 of this title (relating to Request for Hearing), it is a rebuttable presumption that a person receives the notice no later than five calendar days after mailing. The 10-day deadline to request a hearing before SOAH is not tolled during any attempts to show cause.

(d) If the commissioner does not determine that the person who is the subject of the report has shown cause why the commissioner should not pursue an investigation, the person will be identified on the TEA website as a person under investigation.

(e) The person will no longer be identified on the TEA website as a person under investigation after the commissioner issues a final order determining whether the person committed the alleged conduct.

Source Note: The provisions of this §153.1205 adopted to be effective December 31, 2019, 44 TexReg 8307