19 Tex. Admin. Code § 249.44 - Reapplication Following Denial, Surrender, or Revocation
(a) Except as provided by this section, the
Texas Education Agency (TEA) staff shall process and review in its usual and
customary manner the certificate application of a person whose previous
application was denied or whose certificate was revoked or surrendered by the
State Board for Educator Certification (SBEC) under this chapter. Such an
applicant shall be subject to the same requirements and qualifications as any
other current applicant, as specified in Chapter 230 of this title (relating to
Professional Educator Preparation and Certification), including recommendation
from an approved educator preparation program, if applicable, and all other
prerequisites for certification at the time the application is
received.
(b) A person whose
certificate has been denied, surrendered, or revoked under this chapter shall
not reapply for a certificate before the fifth anniversary after the date of
the SBEC's order denying, accepting a surrender, or revoking a certificate
became administratively final. The TEA staff shall reject without processing or
further proceedings any application received in violation of this subsection. A
person reapplying for certification after denial, revocation, or surrender must
be recommended for certification by an approved educator preparation program
and must satisfy the same requirements for certification that are applicable to
any other new applicant.
(c) In
addition to other sanctions available under this chapter, the SBEC may order
that a person whose certificate has been denied, surrendered, or revoked under
this chapter shall not reapply for a certificate for a time period of five
years or longer after the order of denial, surrender, or revocation becomes
administratively final. The SBEC may order that a certificate be permanently
revoked or surrendered or that an application be permanently denied without
opportunity to reapply for certification, pursuant to §
249.17(d) of
this title (relating to Decision-Making Guidelines), or otherwise as the SBEC
may deem appropriate. The TEA staff shall reject without processing or further
proceedings any application received in violation of such an order. A rejection
pursuant to this section is not considered an administrative denial and is not
subject to a contested case hearing.
(d) In reviewing a certificate application,
the TEA staff, the presiding administrative law judge, and the SBEC shall
consider prior SBEC orders denying, accepting a surrender, or revoking a
certificate previously applied for or held by the applicant. The applicant may
not contest the underlying basis for the prior order.
(e) A person whose petition for relief under
this section has been denied by the SBEC, in whole or in part, shall not file a
subsequent application or petition earlier than the fifth anniversary of the
effective date of such denial.
(f)
The TEA staff shall publish notice of any certificate issued to a person whose
previous application was denied or whose certificate was canceled or revoked by
the SBEC under this chapter by updating the educator's virtual
certificate.
Notes
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