Can You Teach in Texas with a Misdemeanor?
The Texas Education Code has specific guidelines for individuals seeking to become teachers in the state. While a conviction of a misdemeanor may not necessarily bar an individual from teaching, it can affect their ability to obtain or maintain a teaching certification.
Background Check
The Texas Education Code requires that all prospective teachers undergo a thorough background check as part of the certification process. This includes a review of an individual’s criminal history, including any misdemeanor convictions. The purpose of the background check is to ensure that students are safe and that educators are trustworthy and responsible.
Misdemeanor Convictions
A misdemeanor conviction can occur when an individual is charged and found guilty of a criminal offense that is less serious than a felony. In Texas, misdemeanors are categorized into three different classes, each with different penalties and consequences.
• Class C Misdemeanors: These are the most minor type of misdemeanor, punishable by a fine of up to $500 and/or a short term of community service. Examples of Class C misdemeanors include disorderly conduct, minor drug offenses, and minor traffic violations.
• Class B Misdemeanors: These are slightly more serious, punishable by a fine of up to $2,000 and/or a short term of imprisonment (up to 180 days). Examples of Class B misdemeanors include criminal mischief, vandalism, and some types of drug offenses.
• Class A Misdemeanors: These are the most serious type of misdemeanor, punishable by a fine of up to $4,000 and/or a longer term of imprisonment (up to one year). Examples of Class A misdemeanors include theft, harassment, and some types of domestic violence.
The Impact of a Misdemeanor Conviction on Teaching Certification
While a misdemeanor conviction may not automatically bar an individual from teaching, it can still have a significant impact on their ability to obtain or maintain a teaching certification. The Texas Education Code allows for the denial or revocation of a teaching certificate based on a conviction for certain misdemeanors. Specifically, the code states that a teaching certificate can be denied or revoked if the individual has been convicted of a misdemeanor that "directly relates to the individual’s fitness to be a teacher."
Examples of Misdemeanors That May Affect Teaching Certification
The following are examples of misdemeanors that may affect an individual’s ability to teach in Texas:
• Assault or Domestic Violence: A conviction for assault or domestic violence, regardless of the class or severity, may be considered to "directly relate" to an individual’s fitness to be a teacher and may result in the denial or revocation of their teaching certificate.
• Drug Offenses: While some drug offenses may be classified as Class C misdemeanors, others may be more serious and could have a significant impact on an individual’s ability to teach. The Texas Education Code allows for the denial or revocation of a teaching certificate based on a conviction for drug possession, sale, or distribution.
• Theft or Larceny: A conviction for theft or larceny, regardless of the class or severity, may be considered to "directly relate" to an individual’s fitness to be a teacher and may result in the denial or revocation of their teaching certificate.
• Criminal Mischief: A conviction for criminal mischief, which involves intentionally damaging or destroying property, may also be considered to "directly relate" to an individual’s fitness to be a teacher and may result in the denial or revocation of their teaching certificate.
How to Overcome a Misdemeanor Conviction
If an individual has a misdemeanor conviction that may affect their ability to teach, there are steps they can take to overcome the obstacle:
• Request a Waiver: In some cases, an individual may be able to request a waiver of the denial or revocation of their teaching certificate. This is typically only granted in exceptional circumstances and requires a demonstration of extraordinary circumstances that demonstrate the individual’s fitness to teach.
• Submit a Character Reference: As part of the certification application process, an individual may be able to submit a character reference from a community leader, employer, or other trusted individual who can vouch for their good character and fitness to teach.
• Provide Evidence of Rehabilitation: An individual may also be able to provide evidence of their rehabilitation, such as completion of a drug treatment program, anger management classes, or other programs designed to help individuals overcome their criminal behavior.
Conclusion
While a misdemeanor conviction may not necessarily bar an individual from teaching in Texas, it can still have a significant impact on their ability to obtain or maintain a teaching certification. It is essential for individuals with misdemeanor convictions to carefully review the Texas Education Code and consult with the Texas Education Agency to determine the specific consequences of their conviction. By taking steps to overcome their misdemeanor conviction, such as requesting a waiver, submitting a character reference, or providing evidence of rehabilitation, individuals can demonstrate their fitness to teach and successfully obtain or maintain a teaching certification.
