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Welcome to Leasor Crass, P.C. Leasor Crass, P.C. is a boutique law firm located in Mansfield, Texas, with a main focus on the representation of public schools. The firm is managed by Mike Leasor and Rhonda Crass, seasoned attorneys with …

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September 28, 2017 By LeasorCrass

Reporting Educator Misconduct – “Who, What & When” as of September 1, 2017

Dean Micknal

The Texas Legislature passed Senate Bill 7 (“SB 7”) this summer in an effort to address the increasing number of inappropriate relationships between educators and students being reported. The legislation, which became effective on September 1, 2017, included significant changes to the requirements for reporting educator misconduct found in Section 21.006 of the Texas Education Code.

Principal to Superintendent

Prior to the passage of SB 7, TEC 21.006 required a “superintendent or director of a school district, open-enrollment charter school, regional education service center, or shared services arrangement” to report certain acts of misconduct to the State Board for Educator Certification (SBEC). SB 7 added TEC 21.006(b-2), expanding the applicability of the law to the campus level in two instances.

As of September 1, 2017, principals are now required to notify the superintendent (not SBEC) no later than the seventh business day after the date the principal obtains information about the criminal record of an educator employed by or seeking employment by the district by a means other than the criminal history clearinghouse established under Section 411.0845 Government Code.

Additionally, principals are now required to notify the superintendent (not SBEC) no later than the seventh business day after the date of an educator’s termination or resignation following an alleged incident of misconduct that is described in TEC 21.006(b)
(1). This list (which should already be familiar to superintendents) includes:

  • abuse or another unlawful act with a student or minor;
  • a romantic relationship with or solicitation of or engaging in sexual contact with a student or minor;
  • possession, transfer, sale, or distribution of a controlled substance, as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et seq.;
  • the illegal transfer, appropriation, or expending of funds or other property of the school district;
  • an attempt by fraudulent or unauthorized means to obtain or alter a professional certificate or license for the purpose of promotion or additional compensation;
  • a criminal offense or any part of a criminal offense on school property or at a school-sponsored event; or
  • conduct that violates the assessment instrument security procedures established under Texas Education Code Section 39.0301.

As written, the new law does not provide any exceptions for circumstances in which the superintendent is already aware of the information that the principal is required to report. Regardless of whether this was intentional or the result of a legislative oversight, at this time we strongly encourage principals to err on the side of caution and file a report even when doing so may appear redundant.

Superintendent to SBEC

Under the revised law, superintendents must still report to SBEC not later than seven business days after learning about an educator’s termination or resignation following an alleged incident of misconduct described by TEC 21.006(b) or learning about an educator’s criminal record. However, SB 7 amended TEC 21.006(c) to include a third reporting trigger. Consequently, superintendents must also make a SBEC report not later than seven business days after receiving a report from a principal, as described above. Again, there does not appear to be any exceptions for incidents in which the superintendent already knew (or already reported on) the information conveyed by the principal’s report.

Superintendents should also be aware of another seemingly minor tweak made by SB 7 that could have major implications. Prior to September 1, 2017, TEC 21.006(b)(2) required notification if an educator was terminated or resigned based on evidence that the educator engaged in misconduct. SB7 broadened this provision to now require notification if an educator is terminated or resigned and there is evidence that the educator engaged in the described misconduct. In other words, the actual basis of the employment action is no longer determinative as to whether the report must be filed.

District to Parent or Guardian

Senate Bill 7 also added Section 21.0061, which requires a district to notify the parent or guardian of a student with whom an educator allegedly engaged in abuse or an inappropriate relationship as soon as feasible after the district becomes aware the alleged misconduct may have occurred. Under the new law, the notice must inform the parent or guardian 1) that the alleged misconduct occurred, 2) whether the educator resigned or was terminated in light of an investigation, and 3) whether a report was submitted to SBEC concerning the alleged misconducted.

All District Employees

Finally, employees should be reminded that these reporting requirements are in addition to, and do not replace, their existing legal obligation to report suspected abuse or neglect to law enforcement or Child Protective Services within 48 hours.

It is critical that District personnel understand and comply with these mandates. While current law already allows SBEC to impose sanctions on superintendents for failing to provide required notice, SB 7 extends the allowable sanctions to principals who fail to provide notice to the superintendent. An administrative penalty of between $500 and $10,000 is added for superintendents or principals who fail to provide timely notice. Additionally, failure to provide timely notice with an intent to conceal an educator’s criminal record or alleged incident of misconduct is a state jail felony. If you have any questions about these new and revised requirements, please do not hesitate to contact the school attorneys at Leasor Crass, P.C.

Filed Under: Blog, Personnel, SBEC, Students

June 19, 2017 By LeasorCrass

Unfortunately, There is More Than One Bad Apple

Mike Leasor

The Texas Legislature passed, and the Governor recently signed, Senate Bill 7 in an attempt to address what many have come to view as an epidemic of inappropriate relationships between educators and students. This piece of legislation, which becomes effective on September 1, 2017, is one of the most talked about coming out of this legislative session. It is imperative that administrators pay close attention to this law and the topic it covers. Your certificate may depend on it.

Following is a bullet point list of the significant additions to the law in this area:

  • The principal must notify the superintendent not later than the seventh business day after the date of an educator’s termination of employment or resignation following an alleged incident of misconduct or the principal knew about an educator’s criminal record.
  • The superintendent must now notify the State Board for Educator Certification (“SBEC”) by filing a report with the board not later than the seventh business day after the date the superintendent receives a report from a principal.
  • Immunity is still provided for reports made in good faith.
  • An educator is now prohibited from inappropriate behavior with any student known to be enrolled in any public or private primary or secondary school.
  • Mandatory reporting by a superintendent to SBEC under 21.006(b)(2) is now triggered by termination and evidence of wrongdoing rather than termination based on evidence of wrongdoing.
  • The superintendent must complete an investigation of any allegation involving abuse, unlawful acts, romantic relationships, or sexual contact with a student or minor and report it to SBEC even if the educator is terminated or leaves the district.
  • Requires notice to parents of a student with whom an educator is alleged to have engaged in misconduct involving abuse, an unlawful act, romantic relationship, or sexual contact.
  • Although districts currently have policies in place regarding staff/student electronic communications, the policy must now have a provision that staff personal phone numbers and email addresses are not required to be disclosed.
  • SBEC is now authorized to impose administrative penalties of up to $10,000 against principals and/or superintendents who fail to comply with the reporting requirements.
  • Failure to comply with the reporting requirements with the intent to conceal an educator’s criminal record or alleged incident of misconduct is punishable as a state jail felony.
  • Applicants must now disclose if they have even been charged with having an inappropriate relationship with a student.
  • If a certified employee assists an educator who has had an inappropriate relationship with a student in gaining employment in another district, that employee’s certificate may be revoked.
  • If an educator is convicted of a felony involving an inappropriate relationship, it prohibits TRS payments.

If you would like more information on this topic or seek a review of your district’s policies or procedures regarding this new law, please do not hesitate to contact one of the attorneys at Leasor Crass, P.C.

Filed Under: Blog, Legislative Update, Personnel, SBEC

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