Another Look at Consequences of Misconduct

If a certified educator is found to have engaged in misconduct, the State Board for Educator Certification (SBEC) may impose the following disciplinary actions:

Certificate Restrictions – Limits on issuance, renewal, or holding of a certificate
Reprimands – Formal notations (inscribed or non-inscribed) on the educator’s permanent record
Suspension – Temporary invalidation of certification
Revocation – Permanent loss of certification, including voluntary surrender
Additional Conditions – SBEC may impose other conditions or restrictions on an educator’s certificate as necessary to protect student safety or uphold professional standards.
Administrative Penalties – A superintendent, director, or principal who fails to submit a required report to TEA or SBEC in a timely manner may face an administrative penalty ranging from $500 to $10,000.

The Do Not Hire Registry

The Do Not Hire Registry, maintained by the Texas Education Agency, lists individuals barred from working in schools due to serious misconduct based on findings by the Commissioner of Education.

Under Senate Bill 571, the law now requires that any certified educator whose certificate is suspended or revoked for misconduct must be placed on the Do Not Hire Registry. This ensures that individuals who have lost certification due to harmful behavior cannot be rehired in another district.

Temporary Placement

Temporary placement is also required when

an individual is arrested for an offense that could lead to placement on the registry; or
the Commissioner or SBEC determines the person poses an imminent threat to public welfare.

These laws emphasize the importance of timely reporting and professional accountability. Whether you’re the one who sees something—or the one responsible for acting on a report—your role is critical in protecting students.

Requirement to Report Educator Misconduct

A superintendent or principal required to submit a report of misconduct to TEA/SBEC, TEC § 22A.051 and 22A.052, commits a state jail felony if the superintendent fails to file a report with the intent to conceal a person’s criminal record or alleged incident or misconduct.

State Jail Penalties include:

Required confinement in a state jail for any term between 180 and 2 years.
An individual may be punished by a fine not to exceed $10,000.

Criminal Penalties

Misconduct involving criminal behavior—such as abuse, inappropriate relationships, or failure to report—can result in criminal charges, fines, or imprisonment under Texas law.

Failure to Report: Legal Consequences for Inaction

Texas law requires professionals—including school staff—to report suspected abuse or neglect. Failing to do so is not only a breach of ethical responsibility but also a criminal offense under Texas Family Code, Section 261.109. A professional who is legally required to report and knowingly fails to do so may be charged with a Class A misdemeanor. If it is proven that the individual intended to conceal the abuse or neglect, the offense escalates to a state jail felony.

Class A Misdemeanor penalties may include:

A fine up to $4,000
Up to one year in jail
Up to one year in jail or both fine and jail time

State Jail Felony penalties may include:

180 days to 2 years in a state jail facility
Additional fines and long-term consequences

These penalties underscore the seriousness of failing to report. Beyond legal repercussions, inaction can allow harm to continue and erode trust in the school community. Timely reporting is not just a legal duty. It is a moral obligation to protect students.