Austin — TEA staff told the State Board for Educator Certification at its July work session that legislation passed this year will significantly increase the agency’s authority and workload on educator misconduct, expanding the state’s do‑not‑hire registry, shortening reporting deadlines and creating a new, expedited temporary‑suspension process for some alleged offenses.

The change stems chiefly from Senate Bill 571, which staff said will require rulemaking by the SBEC and the agency to implement expanded reporting, oversight of district investigations, public transparency and a new authority to temporarily suspend certificates — all intended to keep educators under investigation out of classrooms while cases proceed.

SBEC members were told the impact could be large. “We anticipate it could be as high as 800 temporary suspension matters or complaints a year,” said a TEA staff presenter during the meeting.

Why it matters

The new authority alters how misconduct complaints move through state and district systems. Previously, mandatory reporting to TEA typically occurred only after an employee’s separation; SB 571 removes that condition. That change, plus expanded mandatory report categories and a faster timeline, means TEA will receive more and earlier notice of allegations involving employee conduct.

What the law changes (major items)

- Expanded do‑not‑hire (DNH) coverage: SB 571 broadens the grounds for listing someone on the DNH registry to include more criminal convictions (including Title 5 felonies and crimes involving school property) and other misconduct, applying parity between certified and non‑certified employees.
- Concurrent public flags: when EI (educator investigations) opens a file, staff must place an investigative warning on the educator’s public virtual certificate and also show an “under investigation” status on the DNH registry so districts and the public can see both entries.
- Shorter reporting windows: reporting of alleged child abuse to DFPS and law enforcement shortens from 48 hours to 24 hours; district reporting to TEA also tightens and no longer hinges on employment separation.
- District oversight and transparency: TEA gains statutory authority to monitor and audit district investigations and to publish quarterly misconduct data, including complaint types and dispositions.
- Temporary suspension authority: the board (or a board‑appointed committee) may issue temporary suspension orders for arrests on specified felony categories or where a person poses a continuing imminent threat to public welfare; a temporary suspension can be issued before a contested case hearing and will place the individual concurrently on the DNH.

How the temporary‑suspension process would work (as presented)

TEA described a fast timeline for cases designated as imminent threats: an initial TEA preliminary review (statute gives staff 30 days to do a preliminary review), then, if the committee finds cause, a temporary suspension order may be issued. A probable‑cause preliminary hearing at the State Office of Administrative Hearings (SOAH) must follow within 17 days, and the final contested‑case hearing within 61 days for imminent‑threat matters (arrest‑based suspensions generally remain in place until criminal final disposition). Staff warned that arrests will likely comprise a large share of these cases.

TEA staff emphasized careful case‑by‑case review. “We will review each one individually to determine if it warrants [placement on the public certificate],” said a TEA presenter, noting TEA’s intent not to discourage reporting.

Staffing and implementation

TEA told the board the agency expects to need more staff and has requested legislative funding to expand its enforcement, investigation and legal teams. The agency said it will create an Inspector General for Educator Misconduct position to coordinate investigations, enforcement and public communication.

Rulemaking and near‑term steps

TEA said it will ask the SBEC to consider forming a five‑member committee to hear temporary‑suspension matters and to begin rulemaking on several fronts in the fall: definitions of “continuing an imminent threat,” what constitutes a criminal “final disposition,” procedures for temporary‑suspension hearings and details on reporting and oversight of district investigations. Staff proposed stakeholder engagement in August, board discussion in September, proposals in December and adoption in February for some rules, while acknowledging some items could take longer.

Board concerns and clarifications

Board members asked how long TEA would retain investigative flags and whether a cleared individual would have a public record; TEA said administrative files are retained under retention laws but that a purely closed administrative investigation would not leave a public flag on the certificate (sanctions and reprimands would remain visible). TEA also said that when a case is resolved and a case has been administratively closed, the individual receives an administrative closure letter and districts can verify status via public‑information request.

What was not decided

The board discussed whether temporary‑suspension decisions would be delegated; legal staff indicated case law would likely require the board (or a board committee) itself to act on temporary suspensions because the action affects due‑process rights and therefore is likely non‑delegable to staff. The board did not formally appoint the committee during the session.

Looking ahead

Staff urged SRBEC members to prepare for increased caseloads and for a rulemaking calendar that will prioritize temporary‑suspension procedures, mandatory‑reporting updates and transparency requirements. TEA also committed to issuing guidance to districts immediately as some reporting changes are already in effect on signature of the bills.

Ending note

Board members repeatedly emphasized the need to balance child safety with due process for accused educators and asked staff for clear guidance to districts and preparation programs about implications for student teachers and candidates while TEA’s expanded systems come online.