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Texas Education Code - EDUC § 22A.051. Requirement to Report Educator Misconduct to Board

Current as of January 01, 2024 | Updated by Findlaw Staff

(a)  In addition to the reporting requirement under Section 261.101, Family Code, the superintendent or director of an educational entity shall notify the board if:

(1) an educator employed by or seeking employment by the entity has a criminal record and the entity obtained information about the educator's criminal record by a means other than the criminal history clearinghouse established under Section 411.0845, Government Code;

(2) an educator's employment at the entity was terminated and there is evidence that the educator:

(A) abused or otherwise committed an unlawful act with a student or minor, including by engaging in conduct that involves physical mistreatment or constitutes a threat of violence to a student or minor and that is not justified under Chapter 9, Penal Code, regardless of whether the conduct resulted in bodily injury;

(B)  was involved in or solicited a romantic relationship with or solicited or engaged in sexual contact with a student or minor;

(C) engaged in inappropriate communications with a student or minor, as defined by board rule;

(D) failed to maintain appropriate boundaries with a student or minor, as defined by board rule;

(E)  possessed, transferred, sold, or distributed a controlled substance, as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et seq.;

(F)  illegally transferred, appropriated, or expended funds or other property of the entity;

(G)  attempted by fraudulent or unauthorized means to obtain or alter a professional certificate or license for the purpose of promotion or additional compensation;  or

(H)  committed a criminal offense or any part of a criminal offense on school property or at a school-sponsored event;

(3) the educator resigned and there is evidence that the educator engaged in misconduct described by Subdivision (2);

(4) the superintendent or director becomes aware of evidence that an educator employed by the entity engaged in misconduct described by Subdivision (2)(A), (B), (C), or (D);  or

(5)  the educator engaged in conduct that violated the assessment instrument security procedures established under Section 39.0301.

(b)  A superintendent or director of an educational entity shall complete an investigation of an educator that involves evidence that the educator may have engaged in misconduct described by Subsection (a)(2)(A), (B), (C), or (D), despite the educator's resignation from employment before completion of the investigation.

(c)  The principal of a school district, district of innovation, open-enrollment charter school, or other charter entity campus must notify the superintendent or director of the district, school, or entity:

(1) except as provided by Subdivision (2), not later than the seventh business day after the date:

(A)  of an educator's termination of employment or resignation following an alleged incident of misconduct described by Subsection (a);  or

(B)  the principal knew about an educator's criminal record under Subsection (a)(1);  or

(2) not later than 48 hours after the principal becomes aware of evidence of misconduct described by Subsection (a)(2)(A), (B), (C), or (D).

(d) The superintendent or director must notify the board by filing a report with the board:

(1) except as provided by Subdivision (2), not later than the seventh business day after the date the superintendent or director:

(A) receives notice from a principal under Subsection (c);  or

(B) knew about an educator's termination of employment or resignation following an alleged incident of misconduct described by Subsection (a) or an educator's criminal record under Subsection (a)(1);  or

(2) not later than 48 hours after the superintendent or director:

(A) receives notice from a principal under Subsection (c);  or

(B) becomes aware of evidence of misconduct described by Subsection (a)(2)(A), (B), (C), or (D).

(e)  The report under Subsection (d) must be:

(1)  in writing;

(2)  in a form prescribed by the board;  and

(3)  filed through the Internet portal developed and maintained by the agency under Section 22A.155.

(f)  The superintendent or director shall notify the board of trustees or governing body of the educational entity and the educator of the filing of the report required by Subsection (d).

(g)  A superintendent, director, or principal of an educational entity who in good faith and while acting in an official capacity files a report with the board under this section or communicates with another superintendent, director, or principal concerning an educator's criminal record or alleged incident of misconduct is immune from civil or criminal liability that might otherwise be incurred or imposed.

(h)  The board shall determine whether to impose sanctions, including an administrative penalty under Subsection (k), against a principal who fails to provide notification to a superintendent or director in violation of Subsection (c) or against a superintendent or director who fails to file a report in violation of Subsection (d).

(i)  The board shall propose rules as necessary to implement this section.

(j)  The name of a student or minor who is the victim of abuse or unlawful conduct by an educator must be included in a report filed under this section, but the name of the student or minor is not public information under Chapter 552, Government Code.

(k)  If an educator serving as a superintendent or director is required to file a report under Subsection (d) and fails to file the report by the date required by that subsection, or if an educator serving as a principal is required to notify a superintendent or director about an educator's criminal record or alleged incident of misconduct under Subsection (c) and fails to provide the notice by the date required by that subsection, the board may impose on the educator an administrative penalty of not less than $500 and not more than $10,000.  The board may not renew the certification of an educator against whom an administrative penalty is imposed under this subsection until the penalty is paid.

(l)  A superintendent or director required to file a report under Subsection (d) commits an offense if the superintendent or director fails to file the report by the date required by that subsection with intent to conceal an educator's criminal record or alleged incident of misconduct described by Subsection (a)(2)(A), (B), (E), (F), (G), or (H).  A principal required to notify a superintendent or director about an educator's criminal record or alleged incident of misconduct under Subsection (c) commits an offense if the principal fails to provide the notice by the date required by that subsection with intent to conceal an educator's criminal record or alleged incident of misconduct described by Subsection (a)(2)(A), (B), (E), (F), (G), or (H).  An offense under this subsection is a state jail felony.

(m)  The commissioner may review the records of an educational entity to ensure compliance with the requirement to report misconduct under this section.

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Cite this article: FindLaw.com - Texas Education Code - EDUC § 22A.051. Requirement to Report Educator Misconduct to Board - last updated January 01, 2024 | https://codes.findlaw.com/tx/education-code/educ-sect-22a-051/

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