Schools have a duty of care to students. This includes making sure that only adults who can be trusted with children’s well-being work as teachers.
Out of a desire to protect children, however, states can be overly aggressive in going after teachers for alleged misconduct. In Texas, credentialed teachers are held to a higher standard but also subjected to steeper discipline.
Teachers may be disciplined for actions that have little relationship to their ability to teach. They may be subjected to overly harsh discipline or arbitrary investigations.
Teachers in the Houston area must follow Texas’s expectations for teacher conduct. If and when a Houston-area teacher is accused of misconduct, they shouldn’t automatically assume their teaching career is over.
Teachers accused of misconduct have a right to defend themselves. They must be given an opportunity to respond to the allegations against them.
If you’re a teacher in the Houston area who is facing misconduct allegations, the Professional License Defense Team at the LLF National Law Firm can help. Contact us at 888-535-3686 or fill out our online form.
About the Houston Area
One of the fastest-growing metro areas in the U.S., Houston’s population increased over 70 percent between 2000 and 2020. This has resulted in an increase in school-aged children. The state’s shortage of credentialed teachers is severe enough that the Lone Star State now allows individuals without credentials to teach.
Despite completing formal qualifications and having the same responsibilities, certified educators are held to a higher standard than uncertified teachers. Texas doesn’t have the authority to investigate misconduct against uncertified educators.
In other words, teachers who have done everything right by going to school, getting a degree, applying for a teaching credential, and meeting the state’s requirements may face disciplinary action, while an uncertified educator will not.
The region’s public school districts range in size and location, from large urban schools to smaller, rural districts. Whatever the circumstances of their district, certified teachers are all held to the same standard.
Some of the school districts in the Houston area include:
- Aldine Independent School District
- Clear Creek Independent School District
- Conroe Independent School District
- Cypress-Fairbanks Independent School District
- Fort Bend Independent School District
- Friendswood Independent School District
- Houston Independent School District
- Katy Independent School District
- Pearland Independent School District
- Tomball Independent School District
Whether you’re a teacher in Houston or Pasadena, the Professional License Defense Team at the LLF National Law Firm can help you navigate the disciplinary process and defend against misconduct accusations.
Licensing and Disciplinary Authority in Texas
The State Board for Educator Certification (SBEC) handles certification and disciplinary issues of teachers in Texas. The SBEC also sets standards for educators in the Lone Star State, and the TEA Educator Investigations Division (EID) is responsible for investigating misconduct allegations.
The SBEC has the power to discipline teachers for the following purposes:
- To protect the safety and welfare of students and school staff
- To ensure that teachers and teaching applicants are morally fit and qualified to instruct and supervise students
- To fairly and efficiently resolve allegations of misconduct
The SBEC emphasizes that being a credentialed teacher is a privilege and not a right.
TEA Investigative Process
Texas has two processes for concerns about teachers’ actions. One is the local grievance process, which local school districts handle. Local grievances are less likely to result in disciplinary action being taken against a teacher.
TEA handles all other misconduct allegations against educators. The process for investigating alleged misconduct generally follows these steps:
- Intake
- Complaints, criminal history reports, and reports from school districts or other organizations can start the process.
- Both law enforcement and the Texas Department of Family and Protective Services (DFPS) can submit information to TEA.
- Preliminary review
- The purpose of this step is to determine if a more in-depth investigation is needed.
- This step can include gathering facts, reviewing findings from DFPS and law enforcement, and, when needed, coordinating with other agencies.
- A teacher’s previous disciplinary history can be a factor in deciding whether to proceed with the review.
- Formal investigation
- A more in-depth examination of the facts and circumstances surrounding the alleged misconduct.
- An educator may have an “investigative warning” put on their certificate or be placed on the state’s Do Not Hire Registry.
- TEA can temporarily suspend a teacher’s license after certain felony arrests or if the agency believes a teacher poses a threat to public safety.
- Recommend resolution
- This can include closing a case, seeking an informal resolution, or referring a case for litigation.
- Refer for litigation
- TEA will conduct a hearing where both sides can present evidence.
- Either the SBEC or the Commissioner of Education makes the final decision.
The Professional License Defense Team at the LLF National Law Firm can assist at all steps of the process, from the initial notification to preparing for the hearing.
Grounds for Misconduct Allegations
Teachers can be subject to disciplinary action for a variety of reasons. Misconduct can be minor or serious, but all accusations carry serious consequences for a teacher’s career and reputation.
The nature of the alleged misconduct determines whether a complaint should be filed with a teacher’s school district or with the state.
The following are generally considered local grievances, meaning they can be handled by the school district:
- Transportation
- Child custody
- Classroom assignments or campus transfers
- Excused vs. unexcused absences
- Dress code
- District grading policies and student retention
- Homework practices
- Student discipline
- Interpersonal interactions
- Staff hiring and evaluation
- Cafeteria food options
- Job responsibilities
- Student pick-up/drop-off
- Extracurricular activities
- Disagreements with school staff
While these complaints are less likely to result in disciplinary action, teachers shouldn’t assume. All other concerns of misconduct fall under the state’s responsibility.
Texas provides a complaint navigator to allow people to file a complaint against a teacher for suspected misconduct. Here are some of the reasons that individuals can cite when filing a complaint:
- Neglect, abuse, or physical harm of a student
- Inappropriate boundaries, communication, or relations with a student
- Providing alcohol or drugs to a student
- Being under the influence of drugs or alcohol while on school property or during school activities
- Having a weapon while on school property or during school activities
- Committing a felony
- Other suspected illegal or unethical conduct
Teachers can also potentially be subjected to disciplinary action for failing to report suspected child abuse. Teachers have a legal obligation to report suspected crimes against children, including abuse and sexual misconduct. Reports must be made to the Texas Department of Family and Protective Services (DFPS) or law enforcement. Once a teacher suspects a child is in danger, they must report their concerns within 24 hours.
Intake and Preliminary Review
An allegation of misconduct can start in a variety of ways. Someone may file a complaint against a teacher. A school district or other organization may inform TEA of suspected misconduct. Other government agencies, such as law enforcement agencies, may flag a teacher.
Texas allows anyone to file a complaint against teachers. Complaints must be in writing and include:
- A description of the alleged misconduct
- The full name, address, and phone number of the person filing the complaint
- Any other information that could lead to disciplinary action
Complaints can be filed with either TEA or the school district where the teacher works.
After receiving the initial information, TEA will investigate. The goal is to determine if there are any grounds for the complaint. TEA will assemble evidence that either supports or disproves the accusations made against the teacher.
Investigations will conclude in one of the following ways:
- The complaint is found to be without merit, meaning the teacher is innocent. The investigation will be closed.
- TEA cannot find sufficient evidence to prove or disprove the allegations. They will close the investigation.
- TEA finds evidence that supports the allegations of misconduct. The case will proceed.
Formal Investigation
Once TEA decides to proceed to a formal investigation, the agency must send a written notice to the teacher. Certain serious allegations of misconduct may result in a teacher being barred from teaching. If a case involves criminal charges, TEA may suspend its investigation until the criminal case is decided.
TEA will assign an investigator to the case. Investigations may include:
- Issuing subpoenas to schools and agencies
- Reviewing evidence, such as documents, audio and video recordings
- Interviewing any possible witnesses or involved parties, such as students, parents, or other school employees
- Requesting information from law enforcement and DFPS
The nature of the allegations determines the type of information TEA will gather.
As soon as teachers learn about the investigation, they need to be proactive in responding to the claims and defending against them. They shouldn’t assume that investigations will be comprehensive.
The Professional License Defense Team at the LLF National Law Firm works with our clients to assemble and organize evidence. Evidence is the foundation of any defense, and we help our clients build that foundation.
Resolution
After the formal investigation, TEA will take one of the following actions:
- Close the case and remove all warnings from a teacher’s file.
- Settle the case informally.
- Refer the case to the Law and Policy Division.
Legal Action
Cases referred for legal action are generally more serious and carry the possibility of significant disciplinary action. Not all cases referred for legal action will end in a hearing.
If TEA proceeds with litigation, a TEA attorney will file the case with the State Office of Administrative Hearings (SOAH). Both sides will have the opportunity to present their evidence in front of an SOAH judge.
The SOAH judge doesn’t make the final decision on disciplinary action. They make a recommendation for possible sanctions against an educator. Either the SBEC or the Commissioner of Education will make the final decision.
Potential Sanctions
If a teacher is found to have engaged in misconduct, the SBEC can sanction the educator. Sanctions can range from minor to serious.
Some of the disciplinary actions the SBEC may take against teachers:
- Reprimand
- Not issuing a license
- Restrict license renewal
- Teaching restrictions, either indefinitely or for a set time
- Suspension, either indefinitely or for a set time
- License revocation
- Other sanctions the SBEC believes are necessary
Rather than having their license revoked, some teachers may decide to surrender their license. One of the downsides to surrendering a license is that an individual cannot reapply for a license later.
Mandatory Revocation
Texas has a list of situations that require the SBEC to permanently revoke a teaching certificate.
Once it’s established that a teacher did engage in the following misconduct or activity, they are barred from teaching in the Lone Star State.
A license must be revoked when:
- A teacher engaged in sexual contact or a romantic relationship with a student or minor.
- A teacher solicited sexual contact or a romantic relationship with a student or minor.
- A teacher possessed or distributed child pornography.
- A teacher was required to register as a sex offender.
- A teacher was convicted of murdering someone.
- A teacher possessed, sold, or distributed any controlled substance.
- A teacher intentionally, knowingly, or recklessly causes bodily injury to a student or minor.
- A caveat: If a teacher can show a defense or reason for injuring a student or child, the teacher will not have their license permanently revoked.
The Professional License Defense Team at the LLF National Law Firm can help you navigate serious allegations of misconduct and protect your ability to teach in Texas.
Protect Your Career
Houston is one of the largest metropolitan areas in the U.S. and continues to grow. The region offers educators numerous career opportunities. Don’t let accusations of misconduct risk damage to your life, your career, and your reputation.
A misconduct accusation doesn’t end your right to respond to allegations or defend yourself against them. That right extends to sanctions that aren’t overly severe and don’t put an unfair burden on you.
The Professional License Defense Team at the LLF National Law Firm supports educators in Houston and throughout Texas who are dealing with accusations of misconduct. We can assist you at all steps of the process, from building strong defenses to charting the best course of action for your specific situation.
You’ve worked hard to become a teacher. Let us help you continue to teach. If you’re a teacher in the Houston area facing possible disciplinary action, call us at 888-535-3686 or fill out our online form.