Educator Misconduct & Investigations
Overview
This page explains how Texas oversees educator conduct to protect students and maintain professional standards. It describes what constitutes educator misconduct, how the Texas Education Agency (TEA) and the State Board for Educator Certification (SBEC) respond to allegations, and the investigation and disciplinary processes that may follow. The information below is intended to promote transparency and understanding of how misconduct concerns are reviewed and addressed under state law.
Who Oversees Educator Conduct
Roles in the Investigation and Discipline Process
Entity | Role in This Process |
|---|---|
| Texas Education Agency | Receives reports and conducts investigations into educator misconduct and related student safety concerns |
| State Board for Educator Certification | Takes disciplinary action against educator certificates based on completed investigations |
| Commissioner of Education | Issues final decisions in certain disciplinary cases as authorized by law |
Educator Investigations (TEA Responsibilities)
TEA’s Educator Investigations Division reviews allegations of misconduct to ensure Texas educators meet high standards of professionalism and ethics. The division evaluates criminal history information and reports of misconduct to determine whether disciplinary action should be taken against an educator’s certificate or, for non‑certified school employees, whether the individual is eligible for continued employment in Texas public schools.
Who May be Subject to Investigation
Depending on the allegation, TEA's authority may extend to:
- Certified educators
- Non-certified school personnel
- Contractors
- Service providers with direct access to students
Types of Misconduct Investigated by TEA
Texas Education Code and SBEC rules define educator misconduct as behavior that violates law, professional ethics, student safety, or the integrity of the education profession. Misconduct may involve certified educators, applicants for certification, school employees, contractors, service providers, or other individuals who work directly with students.
The examples below are not exhaustive. Each case is evaluated based on its specific facts and circumstances.
Conduct That Endangers Students
- Physical abuse of a student or minor
- Sexual misconduct or exploitation
- Boundary violations, grooming behaviors, or inappropriate communication
- Romantic or sexual relationships with a student or minor
Criminal or Unethical Behavior
- Criminal conduct occurring at school or during a school-related event
- Possession, sale, or distribution of illegal drugs
- Theft or misuse of school funds, materials, or property
- Fraudulent attempts to obtain, alter, or use an educator certificate
Violations of Educational Integrity
- Violating state assessment security procedures
- Serious violations of district policy that compromise student safety or professional ethics
Allegations involving these behaviors are subject to mandatory reporting requirements under state law.
Failures to Report and Systemic Breakdowns
Superintendent Reporting
Texas law requires superintendents to report certain misconduct allegations to TEA within specific timelines. Failure to report required allegations may place students at risk and can result in investigation.
Learn more about superintendent reporting responsibilities.
Failure to Report and Systemic Non-Compliance
TEA also reviews failures to report and systemic breakdowns that may place students at risk. This includes investigations involving:
- Individuals who fail to meet mandatory reporting obligations
- School districts or charter schools that do not adequately respond to concerns
- Patterns of negligence or non‑compliance with reporting or safety requirements
What to Expect from an Investigation
Investigations do not always result in public action or disciplinary outcomes. Each report is reviewed based on the specific facts, available evidence, and applicable law.
Some cases may be closed after preliminary review if:
- TEA lacks legal authority over the individual or conduct
- The information does not meet investigation criteria
- Another agency has sole jurisdiction
Investigation timelines vary widely. Factors that may affect timing include:
- Active criminal investigations or prosecutions
- Availability of records or witnesses
- Due process requirements under state law
A lack of public information does not mean a concern was ignored. In many cases, confidentiality laws limit what TEA or SBEC may disclose while a matter is under review.
TEA's Educator Misconduct Investigation Process
TEA’s Educator Investigations Division receives information from multiple sources, including criminal history reports, public complaints, school districts and charter schools, and the Department of Family and Protective Services (DFPS).
During preliminary review, TEA verifies identity and employment history, reviews available information from DFPS or law enforcement, checks for prior investigations, assesses jurisdiction and priority criteria, and determines whether a formal investigation is warranted.
If applicable criteria are met, TEA opens a formal investigation.
When a formal investigation opens:
- An investigative warning may be added to the educator’s SBEC certificate
- The individual may be listed on the Do Not Hire (DNH) Registry
- Under SB 571, TEA may temporarily suspend a certificate or assign DNH status if a felony arrest indicates a risk to student safety
During this phase, TEA may:
- Provide written notice to the individual
- Assign an investigator
- Issue subpoenas as authorized
- Review documents, communications, and other evidence
- Interview witnesses, administrators, students, and parents
- Coordinate with DFPS or law enforcement
In some cases, TEA pauses its investigation to avoid interfering with an active criminal case.
When this occurs:
- An investigative warning may remain in place for up to 240 days
- Criminal proceedings may pause the administrative timeline
- TEA regularly checks the status of the criminal case
Pauses may occur because certain criminal outcomes require automatic disciplinary action or because proceeding during a criminal case could compromise evidence.
Possible outcomes of an investigation include:
- Closure of the case and removal of the investigative warning
- An informal settlement or agreed order
- Referral to TEA’s Law and Policy Division for potential disciplinary action
If disciplinary action is pursued:
- TEA attorneys review the evidence
- The case may be filed with the State Office of Administrative Hearings (SOAH)
- A SOAH administrative law judge conducts a hearing
- The judge issues a Proposal for Decision (PFD)
Final decisions are made by:
- The State Board for Educator Certification (SBEC), or
- The Commissioner of Education or the Commissioner’s designee
Not all investigations proceed to litigation or result in disciplinary action. Outcomes depend on the evidence, applicable law, and required legal standards. Only final disciplinary actions are made public through official SBEC records or published reports.
View Parent Complaint Navigator
Our Parent Complaint Navigator will ask you a short series of multiple-choice questions and, based on your responses, provide you with the information and resources you need to address your specific question or concern.
Phone: (512) 936-8400
Phone Options:
Option 2-Educator Preparation and Certification
Option 3-Fingerprinting
Option 6-Investigations
Testing questions: (512) 463-9039
for account access assistance.