The board must temporarily suspend an educator’s certification or permit if it finds the educator’s continued certification or permit is a continuing and imminent threat to public welfare.
Sec. 22A.202. TEMPORARY SUSPENSION OF CERTIFICATION OR PERMIT BASED ON CONTINUING AND IMMINENT THREAT TO PUBLIC WELFARE. (a) The board shall temporarily suspend an educator's certification or permit issued under Subchapter B, Chapter 21, if the board, based on evidence or information presented to the board regarding a complaint alleging misconduct by the educator, determines, by a majority vote of the board or of a five-person committee of board members designated by the board, that the educator's continued certification or permit issuance constitutes a continuing and imminent threat to the public welfare. (b) Notwithstanding Chapter 551, Government Code, the board or a committee described by Subsection (a) may hold a meeting by telephone conference call if the board or committee determines that immediate action is required and convening the board or committee at one location would be inconvenient for any member of the board or committee. (c) An educator's certification or permit may be temporarily suspended under this section without notice or hearing on the complaint alleging the educator's misconduct if: (1) proceedings for a hearing before the State Office of Administrative Hearings are initiated simultaneously with the temporary suspension; and (2) a hearing is held as soon as possible under this chapter and Chapter 2001, Government Code. (d) The State Office of Administrative Hearings shall hold a preliminary hearing not later than the 17th day after the date of the temporary suspension to determine whether probable cause exists that the educator's certification or permit issuance constitutes a continuing and imminent threat to the public welfare. The probable cause hearing shall be conducted as a de novo hearing. (e) The State Office of Administrative Hearings shall hold a final hearing on the matter not later than the 61st day after the date of the temporary suspension. (f) The board shall propose rules adopting procedures for the temporary suspension of an educator's certification or permit under this section. Added by Acts 2025, 89th Leg., R.S., Ch. 1138 (S.B. 571), Sec. 1.23, eff. June 20, 2025.