The Texas Education Agency (TEA) regulates and monitors all educational professionals, including teachers, teaching assistants, superintendents, and school directors. The State Board of Educator Certification (SBEC) receives complaints concerning allegations of misconduct about all licensed and certified educators. These complaints can include allegations concerning the special duties of superintendents and other school leaders to report certain types of misconduct to SBEC.
If SBEC ultimately decides that you have violated an applicable rule or law, you could face sanctions that are extremely damaging to your license and career. A teaching license defense attorney can guide you through any disciplinary proceedings that you may be facing and help you fight to safeguard your license and career.
Superintendent Reporting Requirements
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The reporting requirements of a superintendent or school district director in terms of employee misconduct differ somewhat based on the type of employee involved. These requirements apply not only to superintendents and school district directors but also to directors of school districts of innovation, open-enrollment charter schools, other charter entities, regional education service centers, or shared services arrangements. However, note that these reporting requirements do not apply to chief administrative officers of private schools, who are subject only to the reporting requirements outlined in Tex. Ed. Code §21.0062.
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Certified Educator Employees
Tex. Ed. Code §21.006 states that superintendents or districts of school districts must report the following to the SBEC:
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An educator employed by or seeking employment by the school district or other covered entity has a criminal record, and the school district or entity obtained information about the educator’s criminal record by a means other than the criminal history clearinghouse established under Tex. Gov. Code §411.0845;
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An educator’s employment at the school district or other entity was terminated, and there is evidence that the educator:
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abused or otherwise committed an unlawful act with a student or minor;
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was involved in a romantic relationship with or solicited or engaged in sexual contact with a student or minor;
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possessed, transferred, sold, or distributed a controlled substance, as defined by Tex. Health and Safety Code §481, or by 21 U.S.C. §801 et seq.;
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illegally transferred, appropriated, or expended funds or other property of the school district or other entity;
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attempted by fraudulent or unauthorized means to obtain or alter a professional certificate or license for the purpose of promotion or additional compensation; or
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committed a criminal offense or any part of a criminal offense on school property or at a school-sponsored event;
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The educator resigned, and there is evidence that the educator engaged in any of the misconduct described above; or
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The educator engaged in conduct that violated the assessment instrument security procedures established under §39.0301.
Superintendents and directors must investigate the alleged misconduct, regardless of whether the educator resigns before the investigation begins or is complete. These individuals must file their mandatory reports to SBEC within seven business days from the date of the educator’s resignation or termination, or from the date that they learn about the educator’s criminal record, to file their reports. Although the report must be in writing and include the name of the student or minor who is the victim of the abuse or unlawful conduct, the student or minor’s name is not public information.
Non-Certified Employees
The mandatory reporting requirement also extends to non-certified or licensed school employees. Under Tex. Ed. Code §22.093, superintendents and directors of school districts or other covered entities must submit a report to the SBEC when any non-certified employee resigns or is terminated, and evidence exists that the former employee:
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Abused or otherwise committed an unlawful act with a student or minor; or
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Was involved in a romantic relationship with or solicited or engaged in sexual contact with a student or minor.
Generally, the same requirements in terms of the timing and content of the mandatory report to the SBEC apply to misconduct involving non-certified employees as to certified educators.
Exception to the SBEC Reporting Requirements
A superintendent or director is not required to make a report to SBEC if they:
- complete an investigation into an educator’s alleged incident of misconduct before the educator’s termination of employment or resignation; and
- determine the educator did not engage in the alleged incident of misconduct.
Other Reporting Requirements
The superintendent or director must notify the educator and the school’s board of trustees or governing body of the fact that they submitted a mandatory report to SBEC. Furthermore, under Tex. Ed. Code §21.0061, all boards of trustees or governing bodies of school districts or other covered entities must adopt a policy that provides notice to a parent or guardian of a student with whom an educator is alleged to have engaged in misconduct. Applicable types of misconduct include abuse, unlawful acts, romantic relationships, or sexual contact. The notice must occur as soon as feasible after the school district or entity becomes aware that the misconduct is alleged to have occurred.
Potential Sanctions for Failure to Report
The SBEC can impose sanctions against superintendents or directors for failing to make timely mandatory SBEC reports. SBEC can assess an administrative penalty ranging from $500 to $10,000 on a superintendent or director who fails to file a timely required report to SBEC. Additionally, these educators may not have their certifications renewed until the penalty is paid.
Furthermore, a superintendent, director, or principal who fails to comply with the reporting requirement with the intent to conceal an employee’s criminal record or an alleged incident of misconduct can face criminal charges. This offense is a state jail felony.
Get Legal Advice and Protect Your Teaching License
A Bertolino LLP teaching license defense lawyer can review your case and help you determine the best strategy to oppose the allegations against you. We can work to protect your license and minimize the impact of the disciplinary complaint that you are facing. Call us today at (512) 980-3751 or get more information about us online.
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