Educator Misconduct & Investigations

Investigations of Misconduct

New Law Changes How Schools Report Child Abuse and Misconduct

On June 20, 2025, Governor Greg Abbott signed Senate Bill (SB) 571 into law. This new law updates how schools in Texas must report child abuse and misconduct.  The bill also creates a new section—Chapter 22A—in the Texas Education Code (TEC) that focuses on misconduct by school employees and service providers. The law changes how schools report these issues to the Texas Education Agency (TEA) and the State Board for Educator Certification (SBEC).

TEA’s Role in Investigating Misconduct

The TEA Educator Investigations Division (EID), on behalf of SBEC and the Commissioner of Education, is responsible for investigating reports of misconduct by educators, school staff, and service providers. Their goal is to help keep students safe and ensure schools are secure learning environments. 

Reporting Child Abuse and Sexual Misconduct

If you believe that a child may be victim of abuse, sexual misconduct, or any other crime, please contact law enforcement immediately. 

Professionals are legally required to report suspected child abuse to the Texas Department of Family and Protective Services (DFPS) or law enforcement if they have reason to believe a child has been abused (as defined by Texas Family Code §261.001). SB 571 requires professionals to report suspected abuse within 24 hours.

This law also updates the definition of “law enforcement agency” to include:

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

Note: This definition does not include police departments operated by schools or educational entity. 
 
TEA works with DFPS, law enforcement, and district attorneys to investigate allegations of child abuse and sexual misconduct. If TEA receives a public complaint involving these issues, they report it to DFPS.

Learn more about child abuse prevention and reporting. 

Filing a Misconduct Complaint

Anyone can file a public complaint against a certified Texas educator. Complaints must include:

• A written statement submitted to TEA staff; 
• Key facts describing the alleged misconduct  
• The complainant's full name, address, and phone number; 
• Facts that could lead to disciplinary action.

Currently, the agency does not have authority to investigate complaints from the public involving misconduct allegations against uncertified educators. However, SB 571 allows TEA to investigate these complaints if the allegations involve misconduct described in the section below.

To report misconduct, use the TEA complaint form.  If you are unsure whether to file  with TEA or your local school district, visit TEA's Parent Complaint Navigator.

Reporting Requirements for Superintendents and Principals

SB 571 requires:

• Principals must report the following types of misconduct involving a student or minor to their superintendent within 48 hours of becoming aware:

         o    Physical abuse
         o    Threats of violence
         o    Romantic or sexual relationships
         o    Inappropriate communication or boundary violations

• Superintendents must report these allegations to TEA/SBEC within 48 hours of becoming aware of the evidence.

Failing to report with the intent to conceal misconduct is a state jail felony. SBEC may also take disciplinary action against a principal or superintendent who fails to report.

All reports and subpoena responses must be submitted through TEA’s Misconduct Reporting Portal. Contact the TEA Help Desk to request access to:

• The Misconduct Reporting Portal
• The Do Not Hire Registry
• TEA Fingerprinting Services

Superintendent Requirements for Reporting Educator Misconduct-FAQs 

How TEA Investigates Educator Misconduct

TEA follows a detailed process when investigating misconduct by educators and school staff. This process is based on rules from SBEC and the Commissioner of Education, including:

• SBEC Rule: 19 Texas Administrative Code (TAC) Chapter 249–Enforcement Actions and Guidelines
• Commissioner Rule: TAC Chapter 153, Subchapter DD–Do Not Hire Registry 

Each case is reviewed individually, and the steps taken depend on the situation and applicable laws.

 

Intake and Preliminary Review

TEA’s Educator Investigations Division receives information from:

• Criminal history reports (DPS/FBI)
• Public complaints
• Reports from school districts, charter schools, and DFPS

Once a TEA staff conducts a preliminary review to decide if a formal investigation is needed. This includes:

• Verifying the person’s identity and job status
• Reviewing findings from DFPS and law enforcement
• Gathering basic facts
• Coordinating with other agencies if needed

Staff also considers:

• Whether TEA has legal authority (jurisdiction)
• Results of any previous investigations
• SBEC Priority 1 and Priority 2 conduct under §249.14(k)
• Whether the person may be protected under certain laws (e.g., Texas Penal Code §9.62 or TEC §22.0512)

Formal Investigation

If a formal investigation is opened:

• An  “investigative warning” is placed on the person’s SBEC certificate
• The person may be listed on the Do Not Hire Registry

Under SB 571, TEA can temporarily suspend a certificate or place someone on the Do Not Hire Registry if they are arrested for certain felonies or are considered a threat to public safety.

During the investigation, TEA:

• Send written notice to the individual
• Issues subpoenas to schools and agencies
• Assigns an investigator to the case

The investigation may include:

• Reviewing documents, audio, and video evidence
• Interviewing witnesses, students, and parents
• Gathering information from law enforcement and DFPS

Why Some Investigations Are Put on Hold

When TEA opens a formal investigation, it usually moves forward unless there’s a criminal investigation or court case happening at the same time. If there is a criminal case, TEA may pause its investigation to avoid interfering.

According to SBEC Rule §249.12(n), TEA can keep an “investigative warning” on an educator’s certificate for up to 240 days. However, if there is a criminal case, TEA can pause (or “toll”) that 240-day limit. While the case is paused, TEA must check the status of the criminal case every 60 days.

Putting a case on hold is standard practice for both certified and non-certified educators. There are a few important reasons for this:

• Some criminal convictions automatically require TEA to take action, like revoking a certificate or adding someone to the Do Not Hie Registry. These rules are found in TEC §21.058, §22.085, SBEC Rule §249.17, and Commissioner Rule TAC §153.1251.
• TEA can take disciplinary action based only on a conviction or deferred adjudication for certain crimes—no further investigation is needed on those cases.
• Pausing the case helps avoid interfering with criminal investigations or court proceedings. It also protects the legal rights of everyone involved, including witnesses and the person under investigation.

Even though these are standard procedures, TEA staff may take different steps in individual cases to make sure they are following the law and doing what is best for student safety.

Case Resolution

After the investigation, TEA may:

• Close the case and remove the warning
• Try to settle the case informally
• Refer the case to the Law and Policy Division for legal action

Litigation

If a case is referred for legal action:

• A TEA attorney reviews the case and may file it with the State Office of Administrative Hearings (SOAH)
• A hearing may be held where both sides present their case
• A SOAH judge makes a recommendation based on the evidence

The final decision is made by: 

• The SBEC at a public meeting
• The Commissioner of Education (or their designee)

Disciplinary Actions for Educators in Texas

Actions SBEC Can Take

SBEC has the authority to take disciplinary action against certified educators in Texas. These actions may include:

• Placing a warning on a certificate during an investigation
• Denying certification or placing restrictions on a certificate
• Issuing an inscribed reprimand
• Suspending a certificate for a specific period
• Accepting a voluntary surrender of a certificate (which results in revocation)
• Revoking a certificate (either by board decision or automatically under law)
• Imposing additional conditions or restrictions as needed

Some of these actions may result in the educator being added to the Do Not Hire Registry. Others may not prevent someone from working in schools but could limit their ability to work in certified roles.

All SBEC disciplinary actions are also reported to the National Association of State Directors of Teacher Education and Certification (NASDTEC). This helps notify other states about sanctions issued in Texas. 

Mandatory Revocation and Do Not Hire Placement

Under 19 TAC §249.17, certain types of misconduct require permanent revocation of an educator’s certificate and placement on the Do Not Hire Registry. These include: 

• Sexual contact or romantic relationships with a student or minor
• Possession or distribution of child pornography
• Criminal homicide
• Selling, distributing, or conspiring to distribute controlled substances on school property (Class A misdemeanor or higher)
• Causing bodily injury to a student or minor (unless protected under TEC §22.0512) 
• Any offense listed in TEC §21.058, including:

         o    Crimes requiring registration as a sex offender
         o    Felony assaults where the victim was under 18

Do Not Hire Registry

The Commissioner of Education is required to place an individual on the Do Not Hire Registry if they are found to have:

• Abused a student or minor
• Solicited a romantic relationship with a student
• Committed a crime involving a student 
• Committed any offense listed in TEC, §21.058 

All placements on the Do Not Hire Registry are also reported through the Interagency Search Engine of Reportable conduct created by SB 1849 of the 88th legislature. This helps notify other stated agencies about findings of misconduct by TEA. 

Public Access to Disciplinary Information

Under SB 571, TEA will publish quarterly reports on educator and school staff misconduct. These reports will be available on the TEA website and will include data broken down by the type of misconduct.

Currently, the public can access the following resources:

• SBEC Certificate Look up - Check the certification status of Texas educators 
• SBEC Disciplinary Action Reports - View official disciplinary actions
• Do Not Hire Registry - See who is prohibited from working in Texas public schools

 

As required by House Bill 3 from the 86th Texas Legislature, the Do Not Hire Registry was launched in Fiscal Year 2020. At that time, the agency added all prior SBEC certificate revocations related to abuse and solicitation to the registry. As a result, the FY 2020 total includes 1,586 entries from these earlier revocations.