NOTICE ON CERTIFICATION RECORD OF ALLEGED MISCONDUCT; INCLUSION IN REGISTRY

(a) The board shall adopt a procedure for placing a notice of alleged misconduct on an educator's public certification records. The procedure adopted by the board must provide for immediate placement of a notice of alleged misconduct on an educator's public certification records if the alleged misconduct presents a risk to the health, safety, or welfare of a student or minor as determined by the board. (b) The board must notify: (1) an educator in writing when placing a notice of an alleged incident of misconduct on the public certification records of the educator; and (2) the agency for purposes of placing the educator on the registry in accordance with Subsection (c). (c) On receiving a notification under Subsection (b), the agency shall immediately place the educator on the registry and include information indicating that the educator is under investigation for alleged misconduct. (d) The board must provide an opportunity for an educator to show cause why the notice should not be placed on the educator's public certification records. The board shall propose rules establishing the length of time that a notice may remain on the educator's public certification records before the board must: (1) initiate a proceeding to impose a sanction on the educator on the basis of the alleged misconduct; or (2) remove the notice from the educator's public certification records. (e) If it is determined that the educator has not engaged in the alleged incident of misconduct, the board shall immediately: (1) remove the notice from the educator's public certification records; and (2) notify the agency to remove the educator from the registry. (f) The board shall propose rules necessary to administer this section.