SECTION 249.41. Procedure for Reprimand; Restriction

(a) Notice. When the State Board for Educator Certification (SBEC) reprimands an educator or restricts an educator's certificate, the Texas Education Agency (TEA) staff shall mail to the educator a copy of the SBEC's order.

(b) Inscribed reprimand.

(1) The TEA staff shall inscribe the reprimand upon the virtual certificate of the educator.

(2) A record of the SBEC's action publicly reprimanding the educator shall become part of the educator's official certification records maintained by the TEA staff.

(3) If known, the TEA staff shall also notify the employing school district of the SBEC's order reprimanding the educator.

(c) Non-inscribed reprimand.

(1) The SBEC's action reprimanding the certificate holder shall only become part of the person's confidential investigative/litigation case file maintained by the TEA staff and shall not be available for public inspection except as required by law.

(2) The TEA staff, the presiding administrative law judge, and the SBEC may consider a non-inscribed reprimand in seeking, recommending, or ordering sanctions based on subsequently obtained evidence of improper or criminal conduct by the educator.

(d) Restriction.

(1) A record of the SBEC's action restricting the educator's certificate shall be placed on the educator's virtual certificate and shall become part of the person's official records maintained by the TEA staff.

(2) If known, the TEA staff shall notify the employing school district of the SBEC's order restricting the educator's certificate.

Source Note: The provisions of this §249.41 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112; amended to be effective December 19, 2011, 36 TexReg 8533