Can You be a Teacher with a Misdemeanor in Texas?
As a prospective teacher in Texas, you may wonder if a misdemeanor conviction on your record will affect your ability to obtain a teaching certification or secure a job in the education sector. The answer is not a simple yes or no. In this article, we will delve into the Texas Education Code and the standards set by the Texas Education Agency (TEA) to provide a comprehensive overview of the situation.
Direct Answer: Can You be a Teacher with a Misdemeanor in Texas?
It depends on the type and severity of the misdemeanor
According to the Texas Education Code, Section 22.083, a conviction for a misdemeanor is not necessarily a barrier to obtaining a teaching certification or a job as a teacher. However, the TEA will consider the nature and severity of the offense, as well as the age of the conviction, when making a decision.
Types of Misdemeanors that May Not Be a Barrier
- Misdemeanors that are related to the teaching profession, such as:
- Classroom disruption or disorder
- Unprofessional conduct
- Failure to perform duties
- Misdemeanors that are non-violent and do not involve moral turpitude, such as:
- Traffic violations
- Minor financial crimes
- Simple possession of marijuana
Types of Misdemeanors that May Be a Barrier
- Misdemeanors that involve moral turpitude, such as:
- Forgery
- Identity theft
- Criminal mischief
- Misdemeanors that involve violence or the threat of violence, such as:
- Assault
- Battery
- Intimidation
- Misdemeanors that are related to drugs, alcohol, or other substances, such as:
- Possession with intent to distribute
- Delivery of a controlled substance
- Public intoxication
The TEA’s Review Process
If you have a misdemeanor conviction on your record, the TEA will review the following factors when considering your application for a teaching certification or job:
- Age of the conviction: Convictions that are older than 10 years may be considered less relevant and less likely to impact your ability to teach.
- Nature and severity of the offense: The TEA will consider the seriousness of the offense and whether it is related to the teaching profession.
- Rehabilitation and personal growth: The TEA may consider evidence of your rehabilitation and personal growth since the conviction.
What Happens if You are Offered a Teaching Job Despite a Misdemeanor Conviction?
- You may be required to disclose the conviction: If you are offered a teaching job, you may be required to disclose your misdemeanor conviction to the employer.
- You may be required to complete a background check: The employer may conduct a background check to verify the conviction and assess the risk of recidivism.
- You may be required to provide additional documentation: The employer may request additional documentation, such as a psychological evaluation or a letter of recommendation from a character witness.
Conclusion
Can you be a teacher with a misdemeanor in Texas? The answer is yes, but it depends on the type and severity of the misdemeanor. The TEA will consider the nature and severity of the offense, as well as the age of the conviction, when making a decision. As a prospective teacher, it is essential to be transparent about your criminal history and to provide any necessary documentation to support your application.