Protecting Texas Students: Educator Investigations Division FAQs

What is the Educator Investigations Division? 

The Educator Investigations Division (EID) reviews reports of educator misconduct and investigates matters that fall within TEA’s jurisdiction. Investigations may involve student safety, professional conduct, criminal history, testing violations, and other conduct that may violate Texas law or State Board for Educator Certification (SBEC) rules. When appropriate, EID presents cases to SBEC for consideration of disciplinary action. 

Who has authority over educator misconduct in Texas? 

TEA investigates allegations of educator misconduct. SBEC determines whether disciplinary action should be taken against an educator’s certificate. In some cases, the Commissioner of Education issues final decisions as authorized by law. 

Who can be investigated? 

Depending on the circumstances, TEA may investigate: 

• Certified educators 
• Applicants for educator certification 
• Non-certified school employees 
• Contractors and service providers with direct student access 
• School officials who fail to meet reporting requirements 

What is considered educator misconduct? 

Educator misconduct includes conduct that may violate Texas law, SBEC rules, the Educators’ Code of Ethics, student safety standards, or professional responsibilities. Each case is reviewed based on its specific facts and circumstances. 

What types of misconduct does TEA investigate? 

Common allegations include: 

• Abuse of students 

• Sexual misconduct 

• Improper relationships with students or minors 

• Boundary violations and inappropriate communications 
• Failure to report child abuse or educator misconduct 
• Criminal conduct 
• Drug-related offenses 
• Misuse of school property or funds 
• Certification fraud 
• Testing and assessment security violations 
• Violence involving students 

Does TEA investigate criminal conduct outside of school? 

TEA may review conduct that occurs outside of school when it relates to student safety, an educator's fitness to hold a certificate, or compliance with professional standards. However, TEA does not conduct criminal investigations. If there are concerns about criminal activity or a child's immediate safety, contact local law enforcement or the appropriate authorities. When TEA identifies potential criminal conduct, it coordinates with or refers matters to law enforcement as appropriate. 

Does TEA investigate administrators for failing to report misconduct? 

Yes. Principals, superintendents, and other school officials may be investigated for failing to make reports required by law. In some cases, failure to report may also result in criminal penalties. 

How are testing violations handled? 

TEA investigates allegations involving testing irregularities, cheating, improper assistance, test security breaches, and other assessment-related conduct. These cases may result in educator sanctions regardless of whether criminal charges are filed.

Who is required to report educator misconduct? 

Texas law requires certain school officials, including principals and superintendents, to report specific types of educator misconduct.  

How quickly must misconduct be reported? 

Reports involving student safety must be made within the timelines established by Texas law and SBEC rules. Principals are generally required to notify their superintendent within 48 hours of becoming aware of certain reportable misconduct involving a student or minor.  

What happens if someone fails to report misconduct? 

A school official who fails to make a required report may face: 

• SBEC disciplinary action 
• Certificate sanctions 
• Possible criminal penalties, when authorized by law 

Can members of the public submit a complaint? 

Yes. Parents, students, school employees, and members of the public may submit a complaint regarding possible educator misconduct. 

Can anonymous complaints be submitted? 

Yes. TEA accepts anonymous complaints and information. However, limited information may make it more difficult to verify allegations or conduct a thorough investigation. 

What happens after a complaint is filed? 

TEA reviews the information provided to determine whether it has jurisdiction and whether an investigation is warranted. If additional information is needed, TEA may contact the reporting party or other individuals with relevant information. 

How does an investigation begin? 

Investigations may begin based on information received from: 

• School districts 
• Law enforcement agencies 
• DFPS referrals 
• Criminal history notifications 
• Members of the public 
• Testing security referrals 

If TEA determines that the matter falls within its jurisdiction and warrants further review, an investigation may be opened. 

Who conducts the investigation? 

EID is a multidisciplinary team of professionals with experience in child protection, law enforcement, education, and related service fields. This diverse expertise allows EID to approach each case thoughtfully and fairly, with a consistent focus on student safety.

What are the steps in an investigation? 

While each case is unique, investigations typically include: 

1. Intake and jurisdiction review 
2. Evidence gathering and records review 
3. Witness interviews, when needed 
4. Legal analysis 
5. Determination regarding potential SBEC action 
6. Resolution through settlement, hearing, or dismissal 

Will I be notified if I am under investigation?  

Yes. educators are notified when TEA opens a formal investigation that could result in disciplinary action. The timing and content of the notice may vary depending on the circumstances. 

How long does an investigation take? 

TEA attempts to complete all investigations without unnecessary delay. However, the length of an investigation depends on factors such as: 

• The complexity of allegations 
• The number of witnesses involved 
• The availability of evidence 
• Any related criminal or child-protection investigations 
• Administrative hearing schedules 

Some cases are resolved within a few months, while others may take longer. 

Can investigations be delayed or placed on hold? 

Yes. TEA may delay portions of an investigation when there are pending criminal proceedings or other circumstances that could affect evidence gathering or due process rights. 

How does TEA coordinate with DFPS and law enforcement? 

TEA regularly receives information from law enforcement agencies, the Texas Department of Family and Protective Services (DFPS), school districts, criminal history databases, and other governmental entities. TEA investigations may occur at the same time as criminal or child-protection investigations.

 Do educators have due process rights? 

Yes. Educators are entitled to the rights and procedures provided by Texas law, including notice of allegations, the opportunity to respond, and administrative hearing rights when applicable. 

Can an educator provide evidence or witnesses? 

Yes. Educators may submit documents, explanations, witness information, and other evidence relevant to an investigation or disciplinary proceeding. 

Do I need an attorney? 

No. An attorney is not required. However, because an investigation may affect certification and employment, educators may choose to seek legal representation.

What actions can SBEC take? 

SBEC may impose a range of sanctions, including: 

• Reprimand 
• Certificate restriction 
• Certificate suspension 
• Agreed certificate surrender 
• Certificate revocation 
• Other conditions or requirements authorized by law 

Are some offenses subject to mandatory revocation? 

Yes. Certain serious offenses involving students, sexual misconduct, abuse, and specific criminal convictions may require certificate revocation under Texas law and SBEC rules. 

What is an Investigative Warning? 

An Investigative Warning is a notation that may be placed on an educator's certificate while an investigation is pending. It indicates that allegations are being reviewed and is not a finding that misconduct occurred. 

What happens if an educator resigns during an investigation? 

Resignation does not end a TEA investigation. If a reportable allegation exists, TEA may continue its investigation and pursue disciplinary action after an educator leaves employment. 

What information is shared with national educator discipline databases? 

Final disciplinary actions may be reported to the NASDTEC Educator Identification Clearinghouse, a national database used by educator certification agencies to track disciplinary actions across states.

Is my child safe right now? 

Student safety is the highest priority. School districts are responsible for taking appropriate action to protect students when concerns are reported. Actions taken during an ongoing review vary depending on the circumstances. 

Is the educator still working with students during the investigation? 

Employment decisions are made by the school district, not TEA. Depending on the circumstances, a district may reassign an employee, place the employee on leave, or take other actions while an investigation is ongoing. 

What information will be needed from me or my child? 

The information needed varies by case. Individuals may be asked to provide information about what occurred, when it occurred, who was involved, and whether there are any documents, communications, or other evidence related to the allegations. 

What information will families receive during an investigation? 

Because investigations are generally confidential, TEA does not typically provide regular updates about ongoing investigations. Information may be shared when permitted by law. 

Will my child's identity and personal information be kept confidential? 

TEA takes privacy and confidentiality requirements seriously. Information is handled in accordance with applicable state and federal laws, including laws that protect student information. 

What support services are available for students and families during the process? 

Questions about counseling, student support services, or other assistance should be directed to the student's school or school district. Local resources are often best positioned to provide immediate support. 

How will the agency or school help prevent similar situations in the future? 

TEA and school districts work to support student safety through educator standards, reporting requirements, training, monitoring, and enforcement of state laws and SBEC rules. When appropriate, disciplinary actions may also help protect students in the future. 

Will I be told the outcome of the investigation? 

Information about ongoing investigations is generally confidential. Final disciplinary actions taken by SBEC are public and published by TEA. 

Can I check the status of an investigation? 

TEA generally does not provide public updates on ongoing investigations. Information may be provided to individuals directly involved in a case when permitted by law. 

Are investigation findings public? 

Ongoing investigations are generally confidential. Final disciplinary actions taken by SBEC are public. 

Where can I find information about disciplinary actions? 

TEA publishes quarterly reports of final SBEC disciplinary actions and maintains public access to the Do Not Hire Registry. 

What is the Do Not Hire Registry? 

The Do Not Hire Registry is a public TEA database that identifies individuals who are prohibited from employment in Texas public schools because of qualifying misconduct or criminal history. School systems may not employ individuals listed on the registry. 

Can non-certified employees be placed on the Do Not Hire Registry? 

Yes. Non-certified school employees may be placed on the Do Not Hire Registry when statutory requirements are met. Certain contractors and service providers may also be included when authorized by law.