The 89th Texas Legislature introduced significant changes to investigating and reporting prospective and current employee misconduct by adding Chapter 22A of the Texas Education Code, effective June 20, 2025, and HB 4623, effective September 1, 2025.  These laws strengthen pre-hiring requirements, expand misconduct reporting obligations, and increase liability for school districts and administrators who fail to address sexual misconduct or child abuse. Superintendents and administrators must navigate these mandates carefully, ensuring thorough vetting of employees and service providers, prompt reporting of misconduct, and compliance with new timelines to avoid penalties, including fines, felony charges, and certificate revocation.  Given the complexity and high stakes, districts should consult legal counsel as necessary to implement these requirements effectively and safeguard their communities.

I.                  Pre-Hiring Requirements & Recommendations

 Official Record of Educator’s Certification Status

 Texas Education Code Section 21.053 mandates that an educator who does not hold a valid certificate may not be paid for teaching or work done before the effective date of issuance of a valid certificate.  For this reason, districts should check SBEC’s online portal to confirm certification status for any certified positions.

Criminal History Check Requirements

 Under existing law, school districts are required to obtain and review the criminal history information of all employees of the district or employees of any shared service arrangement or cooperative.[1] A national criminal history check(fingerprint-based) is required for certified employees, newly hired noncertified employees, and substitute teachers.[2]  A name-based state criminal history check is required for student teachers and most volunteers.  If criminal history is discovered, the District must carefully review whether it renders the individual ineligible for the considered employment or volunteer position.

Employee and Service Provider Misconduct – Checking the “Do Not Hire” Registry

 Under existing law, Texas Education Code Sections 22.091-22.096 provided requirements applicable to people ineligible for employment in public schools. SB 571 added Chapter 22A to the Texas Education Code and recodified many existing and modified provisions.  Section 22A.151(b) mandates discharging or refusing to hire anyone listed in the registry, and Section 22A.151(c) prohibits allowing such individuals to act as service providers.  The Do Not Hire Registry includes individuals with specific convictions, revoked certifications, orthose under investigation for certain misconduct according to Section 22A.151(d), so the coverage is broader than the criminal history check.  Finally, the law also contains an exception for certain convictions more than 30 years old if the applicant successfully completed all court requirements.

Pre-Employment and Pre-Service Affidavits

 SB 571 expands the pre-employment affidavit requirement under Section 22A.055 (formerly Section 21.009) to all applicants for employment and service providers.  The affidavit requires disclosure of:

 ·        Investigations, charges, adjudications, or convictions for misconduct listed in Section 22A.051(a)(2)(A)–(D) (abuse, romantic relationships/sexual contact, inappropriate communications, or failure to maintain boundaries with students/minors).

·        Licensing authority actions (denial, suspension, revocation) for such misconduct.

·        Inclusion in the TEA registry.

·        Employ mentor service history with public/private schools.

·        Termination, discharge, or resignation in lieu thereof.

Administrators risk certificate revocation if they knowingly employ someone who failed to disclose required information 22A.055(f).  Additionally, the affidavit requires consent for release of employment records, 22A.055(a), and failure to disclose is a Class B misdemeanor 22A.055(g).  Finally, Section 22A.055(c) allows hiring despite disclosed allegations if the district determines they were false.

Additional Recommended Pre-Hiring Checks

 As permitted by law and policy, with the guidance of counsel, if needed, districts should consider building a robust due diligence inquiry into their pre-hiring practices.  These include such things as:

 ·        Interviewing the applicant.

·        Contacting the applicant’s references.

·        Researching the applicant online.

·        Reviewing the applicant’s public social media and online presence, consistent with privacy laws.

II.               Investigation, Reporting, and Ineligibility Once Hired

 Report New Hires to the Texas Attorney General

 Schools must report new hire information for all new hires and rehires to the Texas Office of the Attorney General.[3]  Schools are required to report certain new hire information to the Texas Office of the Attorney General for submission to the National Directory of New Hires, including Employee name, Employee address, Employee Social Security Number, and Employee date of hire.[4]  Information for all new workers, including temporary employees, substitute teachers, independent contractors, and former employees who have been rehired, must be reported within 20 calendar days from the date the employee starts earning wages.[5]

SB 571 - Employee and Service Provider Misconduct - Investigation, Reporting, Ineligibility and Potential Criminal Liability

 Districts have been required to investigate, report, and act regarding specified misconduct of employees.  Under the new Chapter 22A of the Texas Education Code, districts are required to:

 ·        Investigate and report misconduct for both certified employees and noncertified employees/service providers.  Misconduct includes abuse, romantic relationships/sexual contact, inappropriate communications, or failure to maintain boundaries.  Texas Education Code § 22A.051(a)(2)(A)–(D).

·        Adopt a policy for immediate parental notification of qualifying misconduct, including whether the person was terminated/resigned and whether a report was submitted to TEA/SBEC.

·        The “Do Not Hire” registry will now include service providers and allow temporary inclusion during investigations according to Section 22A.152 and 22A.153.

·        TEA is required to refer certain misconduct allegations to law enforcement.

·        Section 1.30 amends Texas Family Code § 261.101(b) to reduce the reporting timeline for suspected child abuse or neglect from 48 hours to 24 hours.

·        Section 1.29 amends Texas Family Code § 261.001(1) to include an “improper relationship between an educator and student” (Penal Code § 21.12) in the definition of abuse.

SB 571 adds and refines the list of conduct that must be reported to the State Board of Education to now include:

(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 of the Texas Government Code;

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

(2-A) abused or otherwise committed an unlawful act with a student or minor, including 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;

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

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

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

(2-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.;

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

(2-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

(2-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.[6]

48 Hours to Report

The types of misconduct highlighted in gray above must be reported by principals to superintendents within 48 hours of awareness of evidence of misconduct. Superintendents must report the gray-highlighted misconduct types to TEA/SBEC within 48 hours of becoming aware of the evidence of misconduct.  Other misconduct, such as inappropriate communications or failure to maintain appropriate boundaries with a student/minor (as defined by board rule), must be filed with the Commissioner within 7 business days.  In addition to expanded reporting requirements and shorter reporting time frames, Section 22A.051(k) imposes an administrative penalty ($500–$10,000) and potential certification non-renewal for failure to report.  Section 22A.051(l) makes intentional concealment a state jail felony.

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 SB 571 also changes the timeline for a district employee to report child abuse or neglect from 48 hours to 24 hours.

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 Additionally, the definition of “abuse” has been expanded to include an improper relationship between an educator and student.  

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HB 4623 – New Potential Liability for Claims Related to Sexual Misconduct

 Along with the expanded investigation and reporting requirements of SB 571, HB 4623 (effective September 1, 2025) significantly expands liability for failure to follow those rules.  HB 4623 adds Chapter 118 to the Texas Civil Practice and Remedies Code.  Schools have historically had a defense of governmental immunity.  The bill eliminates that defense if a school is grossly negligent, reckless, or engages in intentional misconduct in hiring, supervising, or employing a professional school employee who is liable for an act or omission against an enrolled student that constitutes sexual misconduct or for failure to report suspected child abuse or neglect.  With the removal of the defense of governmental immunity, such actions may be brought against the District and the employee.  The bill permits actual damages of up to $500,000 per claimant, in addition to court costs and attorneys’ fees.

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A “professional school employee” includes:

(A)         a superintendent or administrator serving as educational leader and chief executive officer of the school, principal or equivalent chief operating officer, teacher, including a substitute teacher, supervisor, social worker, school counselor, nurse, and teacher's aide employed by a public school;

(B)          a teacher employed by a company that contracts with a public school to provide the teacher's services to the school;

(C)         a student in an education preparation program participating in a field experience or internship;

(D)         a school bus driver certified in accordance with standards and qualifications adopted by the Department of Public Safety of the State of Texas;

(E)          a member of the board of trustees of an independent school district or a member of the governing body of an open-enrollment charter school; and

(F)            any other person employed by a public school whose employment requires certification and the exercise of discretion.

The legislature has expanded liability to Trustees who are not usually considered to be employees.  “Sexual Misconduct" is broadly defined to include many penal code definitions, such as trafficking, continuous sexual abuse, public lewdness, indecent exposure, indecency with a child, improper relationship between an educator and student, invasive visual recording, unlawful disclosure or promotion of intimate visual material, unlawful production or distribution of sexually explicit videos, voyeurism, sexual coercion, unlawful transmission of sexually explicit visual material, sexual assault, indecent assault, aggravated assault, and sexual performance by a child.

III.            Conclusion

To comply with SB 571and HB 4623, superintendents should implement robust pre-hiring protocols, including verifying educator certification via the SBEC portal, conducting national and state criminal history checks, reviewing the TEA “Do Not Hire” registry, and requiring pre-employment/pre-service affidavits for all applicants and service providers.  The law requires adoption of policies for immediate parental notification of misconduct, reporting suspected child abuse/neglect within 24 hours, and ensuring investigations and reports of educator misconduct are filed with TEA (48 hours in cases involving student misconduct and 7 business days for others) are submitted to TEA/SBEC. Non-compliance risks administrative penalties ($500–$10,000), state jail felony charges, or certificate revocation, while HB 4623 exposes districts to liability up to $500,000 per claimant for gross negligence or intentional misconduct related to sexual misconduct or failure to report abuse.  Superintendents should train staff, update district policies, and consult legal counsel promptly to address any questions or ambiguities to ensure compliance and mitigate risks.

Leon | Alcala has compiled a broad list of education-related bills passed during the 89^th legislative regular session. That list can be accessed here. If you are a client and have questions regarding any of these bills, please contact our office.

[1] Tex. Educ. Code §§22.083-.0837.

[2] Tex. Educ. Code §§22.083-.0836.

[3] 1 TAC § 55.303.

[4] 1 TAC § 55.303.

[5] 1 TAC § 55.303.

[6] Tex. Educ. Code Ann. § 22A.051.

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