Educators' Duty to Protect Students

Overview

Keeping students safe is everyone’s responsibility. In Texas, every adult has a legal duty to act if they suspect a child is being abused, neglected, or harmed. This responsibility is especially important for people who work in schools. Texas law, including Senate Bill 571  (SB 571), explains when and how to report concerns, what protections exist for people who report honestly, and the serious consequences for failing to act.

Your Legal Duty to Protect Students

Texas law requires all adults to take action when they suspect harm to a child. For school employees, this duty is both ethical and legal and applies to each individual person. You cannot pass this responsibility to someone else, and it cannot be satisfied by internal reporting alone.

If you have a concern, the law requires you to report it.

Who Must Report

• Every adult in Texas
• All school professionals, including teachers, aides, nurses, coaches, administrators, and other staff

When You Must Report

A report must be made within 24 hours of first learning about the concern

Telling a supervisor or administrator does not meet this requirement. Each individual is responsible for making their own report.

Protections and Consequences Under Texas Law

Protection for Reporting in Good Faith

The law protects people who report suspected abuse or neglect honestly and in good faith.

• Reporters are protected from civil and criminal liability
• Reports are legally presumed to be made in good faith unless proven otherwise

Consequences for Failure to Report

Failing to report suspected abuse or neglect can result in serious consequences, including:

• Criminal charges
• Civil penalties
• Loss of educator certification
• A state jail felony if the failure to report is intended to conceal misconduct

Strengthened Reporting Requirements Under SB 571

In 2025, Texas passed Senate Bill 571, which created Chapter 22A of the Texas Education Code. This law strengthens how schools must respond to concerns about student safety and educator misconduct by requiring faster reporting, broader accountability, and clearer roles.

Faster Reporting by School Leaders

• Principals must report educator misconduct to their superintendent within 48 hours of becoming aware of the information.
• Superintendents must report qualifying allegations of misconduct to the Texas Education Agency (TEA) or the State Board for Educator Certification (SBEC) within 48 hours.
• All required misconduct reports must be submitted through the Misconduct Reporting Portal. Access to the portal can be requested through the TEA Help Desk.
• Submitting a complaint with TEA does not fulfill a superintendent’s required misconduct reporting obligations.

Expanded Types of Reportable Misconduct

Reporting requirements now apply to misconduct involving:

• All school employees
• Contracted service providers
• Any individual working directly with students

Clearer Responsibilities Across Agencies

SB 571 clarifies how schools work with:

• Local law enforcement
• The Department of Family and Protective Services (DFPS)
• TEA’s Educator Investigations Division

Law Enforcement Definition

For purposes of SB 571 reporting requirements, “law enforcement” has a specific legal meaning.

Recognized law enforcement agencies include:

• Texas Department of Public Safety (DPS)
• City police departments
• County sheriff offices
• County constable offices

Not included under this definition:

• School district police departments
• Charter school police departments

This distinction is important when determining whether a report has been made to a legally recognized law enforcement agency under SB 571.

New Authority Over Non‑Certified Individuals

TEA may now investigate certain allegations involving non‑certified individuals if their conduct may pose a risk to students.

Stronger Do Not Hire Requirements

More types of misconduct must be reported, including boundary violations and inappropriate communications. These reports may result in placement on the Do Not Hire Registry.

What This Means for Everyone

These laws require schools and individuals to act quickly, take concerns seriously, and report them properly. Student safety depends on every adult understanding their responsibility and taking action when something does not seem right.

If you suspect a child may be harmed, report it. Acting promptly and honestly protects students and protects you.

How to Report Child Abuse

If you believe a child is being abused, is a victim of sexual misconduct, or any other crime, contact law enforcement immediately. 

In an Emergency

If the situation is life-threatening or requires immediate help:

• Call 911 or your local law enforcement agency right away.
• Please note: School district or local education agency (LEA) police departments are not considered local law enforcement for emergency reporting.

If There Is No Immediate Danger

If you suspect child abuse or neglect but the child is not in immediate danger:

• Report it to DFPS.

         o    Online: Texas Abuse Hotline
         o    By phone: 1-800-252-5400 (recommended for urgent situations)

If You Suspect Human Trafficking

If the suspected abuse involves human trafficking, you must report it to both:

• DFPS online or at 1-800-252-5400, AND
• Local law enforcement
  • 911, or
  • the National Human Trafficking Hotline (1-888-373-7888), or
  • the Texas Department of Public Safety (phone: 1-888-373-7888; text: BeFree to 233733; online: iWatchTexas)

Important Reminders for School Employees

• Do not investigate the situation yourself: School staff must not try to confirm or rule out abuse before reporting. Even well-meaning actions can interfere with official investigations and may unintentionally harm the child.
• Leave investigations to trained professionals. Only law enforcement and child protection experts have the authority and training to determine what happened.
• When in doubt, report. If you have reasonable cause to believe abuse may have occurred—even if you’re unsure—you are still required to report it. The DFPS Texas Abuse Hotline can help if you’re uncertain.
• You must report it yourself. The legal duty to report suspected abuse cannot be passed on to someone else. Each individual is responsible for making their own report.