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Texas Education Code - EDUC § 22A.201 . Denial or Revocation of Certificate and Termination of Employment Based on Conviction of or Placement on Deferred Adjudication Community Supervision for Certain Offenses

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) The procedures described by this section apply only to:

(1) conviction of or placement on deferred adjudication community supervision for:

(A) an offense for which a defendant is required to register as a sex offender under Chapter 62, Code of Criminal Procedure;

(B) an offense under Section 21.12 or 43.24, Penal Code;

(C) a felony offense under Chapter 43, Penal Code;

(D) a felony offense involving school property;  or

(E) an offense under the laws of another state or federal law that is equivalent to an offense under Paragraph (A), (B), (C), or (D);  or

(2) conviction of:

(A) a felony offense under Title 5, Penal Code;  or

(B) an offense under the laws of another state or federal law that is equivalent to an offense under Paragraph (A).

(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 Subchapter B, Chapter 21, 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 person's certificate issued under Subchapter B, Chapter 21, 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(1) immediately remove the person whose certificate has been revoked from campus or from an administrative office, as applicable, to prevent the person from having any contact with a student;  and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) for a person employed under a probationary, continuing, or term contract under Chapter 21, 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 (e);  and

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

(d)  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 Chapter 21 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 (e);  and

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

(e)  A person's probationary, continuing, or term contract under Chapter 21 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 (d)(2).

(f) The board or a school district may not issue a certificate or permit under Subchapter B, Chapter 21, to a person who has been convicted of or placed on deferred adjudication for an offense described by Subsection (a)(1) or who has been convicted of an offense described by Subsection (a)(2).

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

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Cite this article: FindLaw.com - Texas Education Code - EDUC § 22A.201 . Denial or Revocation of Certificate and Termination of Employment Based on Conviction of or Placement on Deferred Adjudication Community Supervision for Certain Offenses - last updated January 01, 2024 | https://codes.findlaw.com/tx/education-code/educ-sect-22a-201/

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