Superintendents are required to report educator misconduct to the State Board for Educator Certification (SBEC) under Texas Administrative Code (TAC) 249.14.
Send your report to the attention of the Director of Educator Investigations via fax (512-936-8404) or mail (1701 N. Congress Ave., 5th Floor, Austin, TX 78701) and include the following information:
- A summary of the factual circumstances underlying the report;
- The name of the individual reported and any aliases;
- The reported individual's certificate number, if any, or social security number; and
- The reported individual's last known mailing address and home and daytime phone numbers;
- The names and any available contact information of any alleged victims;
- The names and any available contact information of any relevant witnesses to the circumstances requiring the report.
Review the following FAQs for information about reporting educator misconduct to SBEC.
- What kind of educator misconduct must be reported to SBEC?
- How long do I have to make a report to SBEC?
- What is a "reported criminal history”?
- Am I required to report misconduct that did not result in arrest?
- Am I required to complete an investigation if the educator resigns before the district completes its investigation?
- Is it necessary to make a report when criminal history information on a certified educator is obtained from the DPS Educator Criminal History Clearinghouse?
- What are the consequences for failing to report this information?
1. What kind of educator misconduct must be reported to SBEC?
You must report two general categories of information according to TAC Code 249.14 :
- the reported criminal history of an applicant for or holder of a certificate or permit issued by SBEC and
- educator misconduct that results in termination or resignation.
2. How long do I have to make a report to SBEC?
You must make a report not later than seven calendar days after you first become aware of a reported criminal history or a termination or resignation based on an act of misconduct listed above. A settlement with a departing employee does not alter the superintendent's responsibility to report the information to SBEC.
3. What is a "reported criminal history”?
A reported criminal history includes information about an arrest, indictment, prosecution, conviction, or other disposition by the criminal justice system. Probation and deferred adjudication, for instance, are part of an individual's reported criminal history.
4. Am I required to report misconduct that did not result in arrest?
You must provide information to SBEC if any of the following misconduct forms the basis for the termination or resignation of a certified educator:
- Has abused or otherwise committed an unlawful act with a student or minor;
- Is in possession of, has transferred, sold, or distributed a controlled substance;
- Has made illegal transfer, appropriation, or expenditure of property or funds of the
school district, service center or shared services arrangement;
- Is seeking or obtaining a certificate or permit by fraud or without authorization,
if the credential would enable the individual to fill an assignment requiring
the credential or to receive additional pay related to the assignment;
- Was in commission of a crime on school property or at a school-sponsored event; or
- Has solicited or engaged in sexual conduct or a romantic relationship with a student or minor.
5. Am I required to complete an investigation if the educator resigns before the district completes its investigation?
You must complete an investigation when there is reasonable cause to believe that the educator may have engaged in misconduct involving abuse or otherwise unlawful acts with a student or minor.
6. Is it necessary to make a report when criminal history information on a certified educator is obtained from the DPS Educator Criminal History Clearinghouse?
You are not required to report criminal history information obtained through the DPS Educator Criminal History Clearinghouse as a result of the Senate Bill 9/Texas Education Code 22.0831 fingerprinting process. This exception exists since criminal history information obtained through the DPS Educator Criminal History Clearinghouse has already been received by SBEC.
Texas Education Code 21.006 and SBEC rule 19 TAC 249.14 both require a superintendent to report to SBEC any criminal history of which they become aware relating to a certified educator. Criminal history information received from any other source, such as media reports, self-reporting, local police, etc. must still be reported to SBEC. Criminal history information includes not just criminal dispositions but also arrests and formal charges.
7. What are the consequences for failing to report this information?
The Board may sanction the certificate of a superintendent who fails to report the required information within seven calendar days. Possible sanctions include reprimand, suspension, or revocation of the superintendent's certificate.