We encourage TASA members, district human resources leaders, and principals to carefully review SBEC’s proposed rules that would expand mitigating factors and good cause considerations for teachers to abandon their district contracts. The opportunity to provide public comment is October 22-November 22.
Background
At the State Board for Educator Certification (SBEC) meeting on October 1, 2021, the Board advanced rules to implement the requirements of HB 2519, as passed during the 87th Regular Legislative Session. Some of the rule changes called for in HB 2519 include: 1) SBEC can no longer sanction an educator under contract who resigns between the 30th and 44th day before a school year begins; and 2) SBEC “shall” consider mitigating factors for contract abandonment (vs. may consider).
However, an SBEC majority also approved advancement of rule language that extends beyond the changes called for in HB 2519. The recommendations under §249.17. Decision-Making Guidelines would expand the list of good cause and mitigating factors to be considered when a teacher abandons his/her contract.
Opportunity to Submit Public Comment on the Proposed Rules for Contract Abandonment
The public comment period on the proposed rules is October 22-November 22. In addition to instructions on how to submit public comments, the proposed rules are posted on the TEA webpage. Scroll down the webpage until you see a live link that will take you to the proposed rules: Proposed Amendments to 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases, Subchapter B, Enforcement Actions and Guidelines, and Subchapter E, Post-Hearing Matters
Next Steps
TEA will post written responses to the comments submitted during the public comment period. Then SBEC will take registered oral and written testimony on this item at the December 10, 2021, meeting in accordance with the SBEC board operating policies and procedures.
Effective Date
If approved for filing as proposed in October 2021, and if adopted, subject to State Board of Education (SBOE) review, at the December 10 SBEC meeting, the proposed effective date of the proposal would be March 3, 2022, (20 days after filing as adopted with the Texas Register). The proposed effective date is based on the SBEC and SBOE meeting schedules.
