Texas Education Code - Section 21.006. Requirement To Report Misconduct
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§ 21.006. REQUIREMENT TO REPORT MISCONDUCT. (a) In this
section, "abuse" has the meaning assigned by Section 261.001,
Family Code, and includes any sexual conduct involving an educator
and a student or minor.
(b) In addition to the reporting requirement under Section
261.101, Family Code, the superintendent or director of a school
district, regional education service center, or shared services
arrangement shall notify the State Board for Educator Certification
if the superintendent or director has reasonable cause to believe
that:
(1) an educator employed by or seeking employment by
the district, service center, or shared services arrangement has a
criminal record;
(2) an educator's employment at the district, service
center, or shared services arrangement was terminated based on a
determination that the educator:
(A) abused or otherwise committed an unlawful act
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., and its subsequent
amendments;
(C) illegally transferred, appropriated, or
expended funds or other property of the district, 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;
or
(3) the educator resigned and reasonable evidence
supports a recommendation by the superintendent or director to
terminate the educator based on a determination that the educator
engaged in misconduct described by Subdivision (2).
(c) The superintendent or director must notify the State
Board for Educator Certification by filing a report with the board
not later than the seventh day after the date the superintendent or
director first learns about an alleged incident of misconduct
described by Subsection (b). The report must be:
(1) in writing; and
(2) in a form prescribed by the board.
(d) The superintendent or director shall notify the board of
trustees or governing body of the school district, regional
education service center, or shared services arrangement and the
educator of the filing of the report required by Subsection (c).
(e) A superintendent or director who in good faith and while
acting in an official capacity files a report with the State Board
for Educator Certification under this section 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 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.
Added by Acts 2003, 78th Leg., ch. 374, § 2, eff. June 18, 2003.
Section: 19.011 21.001 21.002 21.003 21.0031 21.004 21.005 21.006 21.031 21.032 21.033 21.034 21.035 21.036 21.037
Last modified: August 10, 2007
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