Superintendent Reporting Educator Misconduct
How to Submit a Report
Send your report to the attention of the Director of Educator Investigations via fax (512-936-8404) or by 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;
- The employment status of the individual, including any information about termination or notice of resignation;
- The name and contact information of the law enforcement or other agency involved in the review of allegations.
Superintendents are required to report educator misconduct to the State Board for Educator Certification (SBEC) under Texas Administrative Code (TAC) 249.14 within seven business days.
Frequently Asked Questions
Review the following FAQs for information about reporting educator misconduct to SBEC.
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, when that criminal history information is obtained by a means other than through DPS' criminal history clearinghouse; or
- 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 business days after you first become aware of a reported criminal history or a termination or resignation based on an act of misconduct listed in FAQ #3. A settlement with a departing employee does not alter the superintendent's responsibility to report the information to SBEC.
3. 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 sexually or physically abused or otherwise committed an unlawful act with a student or minor;
- Has solicited or engaged in sexual conduct or a romantic relationship 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; or
- Was in commission of a crime on school property or at a school-sponsored event.
4. Am I required to complete an investigation if the educator resigns before the district completes its investigation?
You must complete an investigation that involves evidence that the educator may have engaged in misconduct involving abuse or otherwise unlawful acts with a student or minor, TEC §21.006(b-1).
5. 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 business days. Possible sanctions include reprimand, suspension, or revocation of the superintendent's certificate. In addition, the Board may impose an administrative penalty of not less than $500 and not more than $10,000.