Tex. Educ. Code Section 21.006
Requirement to Report Misconduct


(a)

In this section:

(1)

“Abuse” has the meaning assigned by Section 261.001 (Definitions), Family Code, and includes any sexual conduct involving an educator and a student or minor.

(2)

“Other charter entity” means:

(A)

a school district operating under a home-rule school district charter adopted under Subchapter B (Authorization and Status), Chapter 12 (Charters);

(B)

a campus or campus program operating under a charter granted under Subchapter C (Definitions), Chapter 12 (Charters); and

(C)

an entity that contracts to partner with a school district under Section 11.174 (Contract Regarding Operation of District Campus)(a)(2) to operate a district campus under a charter granted to the entity by the district under Subchapter C (Definitions), Chapter 12 (Charters).

(b)

In addition to the reporting requirement under Section 261.101 (Persons Required to Report; Time to Report), Family Code, and except as provided by Subsection (c-2), the superintendent or director of a school district, district of innovation, open-enrollment charter school, other charter entity, regional education service center, or shared services arrangement shall notify the State Board for Educator Certification if:

(1)

an educator employed by or seeking employment by the school district, district of innovation, charter school, other charter entity, service center, or shared services arrangement has a criminal record and the school district, district of innovation, charter school, other charter entity, service center, or shared services arrangement obtained information about the educator’s criminal record by a means other than the criminal history clearinghouse established under Section 411.0845 (Criminal History Clearinghouse), Government Code;

(2)

an educator’s employment at the school district, district of innovation, charter school, other charter entity, service center, or shared services arrangement was terminated and there is evidence that the educator:

(A)

abused or otherwise committed an unlawful act with a student or minor;

(A-1)

was involved in a romantic relationship with or solicited or engaged in sexual contact with a student or minor;

(B)

possessed, transferred, sold, or distributed a controlled substance, as defined by Chapter 481 (Texas Controlled Substances Act), Health and Safety Code, or by 21 U.S.C. Section 801 et seq.;

(C)

illegally transferred, appropriated, or expended funds or other property of the school district, district of innovation, charter school, other charter entity, service center, or shared services arrangement;

(D)

attempted by fraudulent or unauthorized means to obtain or alter a professional certificate or license for the purpose of promotion or additional compensation; or

(E)

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); or

(4)

the educator engaged in conduct that violated the assessment instrument security procedures established under Section 39.0301 (Security in Administration of Assessment Instruments).

(b-1)

A superintendent or director of a school district, district of innovation, open-enrollment charter school, other charter entity, regional education service center, or shared services arrangement shall complete an investigation of an educator that involves evidence that the educator may have engaged in misconduct described by Subsection (b)(2)(A) or (A-1), despite the educator’s resignation from employment before completion of the investigation.

(b-2)

The principal of a school district, district of innovation, open-enrollment charter school, or other charter entity campus must notify the superintendent or director of the school district, district of innovation, charter school, or other charter entity not later than the seventh business day after the date:

(1)

of an educator’s termination of employment or resignation following an alleged incident of misconduct described by Subsection (b); or

(2)

the principal knew about an educator’s criminal record under Subsection (b)(1).

(c)

Except as provided by Subsection (c-2), the superintendent or director must notify the State Board for Educator Certification by filing a report with the board not later than the seventh business day after the date the superintendent or director receives a report from a principal under Subsection (b-2) or knew about an educator’s termination of employment or resignation following an alleged incident of misconduct described by Subsection (b) or an employee’s criminal record under Subsection (b)(1).

(c-1)

The report under Subsection (c):

(1)

must be:

(A)

in writing; and

(B)

in a form prescribed by the board; and

(2)

may be filed through the Internet portal developed and maintained by the State Board for Educator Certification under Subsection (g-1).

(c-2)

A superintendent or director of a school district, district of innovation, open-enrollment charter school, regional education service center, or shared services arrangement is not required to notify the State Board for Educator Certification or file a report with the board under Subsection (b) or (c) if the superintendent or director:

(1)

completes an investigation into an educator’s alleged incident of misconduct described by Subsection (b)(2)(A) or (A-1) before the educator’s termination of employment or resignation; and

(2)

determines the educator did not engage in the alleged incident of misconduct described by Subsection (b)(2)(A) or (A-1).

(d)

The superintendent or director shall notify the board of trustees or governing body of the school district, open-enrollment charter school, other charter entity, regional education service center, or shared services arrangement and the educator of the filing of the report required by Subsection (c).

(e)

A superintendent, director, or principal of a school district, district of innovation, open-enrollment charter school, other charter entity, regional education service center, or shared services arrangement who in good faith and while acting in an official capacity files a report with the State Board for Educator Certification under this section or communicates with another superintendent, director, or principal concerning an educator’s criminal record or alleged incident of misconduct is immune from civil or criminal liability that might otherwise be incurred or imposed.

(f)

The State Board for Educator Certification shall determine whether to impose sanctions, including an administrative penalty under Subsection (i), against a principal who fails to provide notification to a superintendent or director in violation of Subsection (b-2) or against a superintendent or director who fails to file a report in violation of Subsection (c).

(g)

The State Board for Educator Certification shall propose rules as necessary to implement this section.

(g-1)

The State Board for Educator Certification shall develop and maintain an Internet portal through which a report required under Subsection (c) may be confidentially and securely filed.

(h)

The name of a student or minor who is the victim of abuse or unlawful conduct by an educator must be included in a report filed under this section, but the name of the student or minor is not public information under Chapter 552 (Public Information), Government Code.

(i)

If an educator serving as a superintendent or director is required to file a report under Subsection (c) and fails to file the report by the date required by that subsection, or if an educator serving as a principal is required to notify a superintendent or director about an educator’s criminal record or alleged incident of misconduct under Subsection (b-2) and fails to provide the notice by the date required by that subsection, the State Board for Educator Certification may impose on the educator an administrative penalty of not less than $500 and not more than $10,000. The State Board for Educator Certification may not renew the certification of an educator against whom an administrative penalty is imposed under this subsection until the penalty is paid.

(j)

A superintendent or director required to file a report under Subsection (c) commits an offense if the superintendent or director fails to file the report by the date required by that subsection with intent to conceal an educator’s criminal record or alleged incident of misconduct. A principal required to notify a superintendent or director about an educator’s criminal record or alleged incident of misconduct under Subsection (b-2) commits an offense if the principal fails to provide the notice by the date required by that subsection with intent to conceal an educator’s criminal record or alleged incident of misconduct. An offense under this subsection is a state jail felony.

(k)

The commissioner may review the records of a school district, district of innovation, open-enrollment charter school, other charter entity, regional education service center, or shared services arrangement to ensure compliance with the requirement to report misconduct under this section.
Added by Acts 2003, 78th Leg., ch. 374, Sec. 2, eff. June 18, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 511 (S.B. 606), Sec. 1, eff. June 16, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1312 (S.B. 1031), Sec. 2, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 761 (H.B. 1610), Sec. 1, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1043 (H.B. 1783), Sec. 2, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 178 (S.B. 7), Sec. 5, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2A.010, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1244 (S.B. 1476), Sec. 1, eff. June 14, 2019.

Source: Section 21.006 — Requirement to Report Misconduct, https://statutes.­capitol.­texas.­gov/Docs/ED/htm/ED.­21.­htm#21.­006 (accessed Mar. 23, 2024).

21.001
Definitions
21.002
Teacher Employment Contracts
21.003
Certification Required
21.004
Teacher Recruitment Program
21.006
Requirement to Report Misconduct
21.007
Notice on Certification Record of Alleged Misconduct
21.009
Pre-employment Affidavit
21.0031
Failure to Obtain Certification
21.031
Purpose
21.032
Definition
21.033
State Board for Educator Certification
21.034
Terms
21.035
Delegation Authority
21.036
Officers
21.037
Compensation
21.038
Meetings
21.040
General Powers and Duties of Board
21.041
Rules
21.042
Approval of Rules
21.043
Access to Peims Data
21.044
Educator Preparation
21.045
Accountability System for Educator Preparation Programs
21.046
Qualifications for Certification as Superintendent or Principal
21.047
Centers for Professional Development of Teachers
21.048
Certification Examinations
21.049
Alternative Certification
21.050
Academic Degree Required for Teaching Certificate
21.051
Rules Regarding Field-based Experience and Options for Field Experience and Internships
21.052
Certification of Educators from Outside the State
21.053
Presentation and Recording of Certificates
21.054
Continuing Education
21.055
School District Teaching Permit
21.056
Additional Certification
21.057
Parental Notification
21.058
Revocation of Certificate and Termination of Employment Based on Conviction of or Placement on Deferred Adjudication Community Supervision for Certain Offenses
21.059
Extension of Certain Deadlines for Active Duty Military Personnel
21.060
Eligibility of Persons Convicted of Certain Offenses
21.0061
Notice to Parent or Guardian About Educator Misconduct
21.061
Review and Updating of Educator Preparation Programs
21.0062
Requirement to Report Misconduct: Private Schools
21.062
Issuance of Subpoenas
21.063
Teacher Designations on Certificate
21.064
Legacy Master Teacher Certifications
21.065
Notice to Teacher Regarding Suspension of Certificate or Permit
21.101
Definition
21.102
Probationary Contract
21.103
Probationary Contract: Termination
21.104
Discharge During Year or Suspension Without Pay Under Probationary Contract
21.105
Resignations Under Probationary Contract
21.106
Return to Probationary Status
21.151
Definition
21.152
Continuing Contract
21.153
Conversion of Probationary Contract to Continuing Contract
21.154
Status Under Continuing Contract
21.155
Administrative Personnel Under Continuing Contract
21.156
Discharge or Suspension Without Pay Under Continuing Contract
21.157
Necessary Reduction of Personnel
21.158
Notice Under Continuing Contract
21.159
Hearing Under Continuing Contract
21.160
Resignation Under Continuing Contract
21.201
Definitions
21.202
Probationary Contract Required
21.203
Employment Policies
21.204
Term Contract
21.205
Term of Contract
21.206
Notice of Contract Renewal or Nonrenewal
21.207
Hearing Under Term Contract
21.208
Decision of Board
21.209
Appeal
21.210
Resignation Under Term Contract
21.211
Termination or Suspension
21.212
Applicability of Subchapter to Superintendents
21.213
Nonapplicability of Subchapter
21.251
Applicability
21.252
Certification of Hearing Examiners
21.253
Request for Hearing
21.254
Assignment of Hearing Examiner
21.255
Hearings Before Hearing Examiner
21.256
Conduct of Hearing
21.257
Recommendation of Hearing Examiner
21.258
Consideration of Recommendation by Board of Trustees or Board Subcommittee
21.259
Decision of Board of Trustees or Board Subcommittee
21.260
Recording of Board Meeting and Announcement
21.301
Appeal to Commissioner
21.302
Evidentiary Hearing Before Commissioner
21.303
Determination by Commissioner
21.304
Decision of Commissioner
21.305
Costs on Appeal to Commissioner
21.306
Ex Parte Communications Prohibited
21.307
Judicial Appeals
21.351
Recommended Appraisal Process and Performance Criteria
21.352
Local Role
21.353
Appraisal on Basis of Classroom Teaching Performance
21.354
Appraisal of Certain Administrators
21.355
Confidentiality
21.356
Evaluation of School Counselors
21.357
Performance Incentives
21.401
Minimum Service Required
21.402
Minimum Salary Schedule for Certain Professional Staff
21.403
Placement on Minimum Salary Schedule
21.404
Planning and Preparation Time
21.405
Duty-free Lunch
21.406
Denial of Compensation Based on Absence for Religious Observance Prohibited
21.407
Requiring or Coercing Teachers to Join Groups, Clubs, Committees, or Organizations: Political Affairs
21.408
Right to Join or Not to Join Professional Association
21.409
Leave of Absence for Temporary Disability
21.414
Classroom Supply Reimbursement Program
21.415
Employment Contracts
21.0441
Admission Requirements for Educator Preparation Programs
21.0442
Educator Preparation Program for Probationary and Standard Trade and Industrial Workforce Training Certificates
21.0443
Educator Preparation Program Approval and Renewal
21.0444
Temporary Certification for Certain Military Service Members and First Responders
21.0451
Sanctions Under Accountability System for Educator Preparation Programs
21.451
Staff Development Requirements
21.0452
Consumer Information Regarding Educator Preparation Programs
21.452
Developmental Leaves of Absence
21.0453
Information for Candidates for Teacher Certification
21.453
Staff Development Account
21.0454
Risk Factors for Educator Preparation Programs
21.0455
Complaints Regarding Educator Preparation Programs
21.456
Science Training
21.457
Training for Teachers of Emergent Bilingual Students
21.458
Mentors
21.459
Bible Course Training
21.0462
Qualifications for Certification as School Counselor
21.462
Resources Regarding Students with Mental Health or Substance Abuse Conditions
21.464
Prekindergarten Teacher Training Course
21.465
Autism Training
21.0485
Certification to Teach Students with Visual Impairments
21.0486
Technology Applications Certification
21.0487
Junior Reserve Officer Training Corps Teacher Certification
21.0488
Trades and Industries Education Certification for Military Personnel
21.0489
Early Childhood Certification
21.0491
Probationary and Standard Trade and Industrial Workforce Training Certificates
21.501
Definition
21.502
Establishment of Program
21.503
Eligibility
21.504
Information and Applications
21.505
Selection of Participants
21.506
Limitation on Implementation
21.507
Preferences
21.508
Agreement
21.509
Stipend
21.510
Reimbursement
21.511
Rules
21.0525
Certification of Certain Military Instructors
21.0541
Continuing Education Credit for Instruction Related to Use of Automated External Defibrillator
21.0543
Continuing Education Credit for Instruction Related to Digital Technology
21.551
Purposes
21.552
Program Established
21.553
Financial Incentives
21.0581
Revocation for Assisting Person Who Engaged in Sexual Misconduct Obtain Employment
21.0585
Notice to Agency Regarding Revocation of Certificate or Permit for Certain Misconduct
21.601
Definitions
21.602
Establishment of Program
21.603
Eligibility
21.604
Information and Applications
21.605
Selection of Participants
21.606
Preferences
21.607
Agreement
21.608
Stipend
21.609
Reimbursement
21.610
Grants to Facilitate Placement
21.611
Rules
21.701
Definition
21.702
Educator Excellence Innovation Program
21.703
Amount of Grant Award
21.704
Local Educator Excellence Innovation Plans
21.706
Innovation Plan Payments
21.707
Rules
21.801
Establishment of Program
21.802
Program Components
21.803
Program Eligibility
21.804
Selection of Participants
21.805
Rules
21.806
Authority to Accept Certain Funds
21.1041
Hearing Under Probationary Contract
21.3041
Rehearing by Commissioner
21.3521
Local Optional Teacher Designation System
21.3541
Appraisal and Professional Development System for Principals
21.4021
Furloughs
21.4022
Required Process for Development of Furlough Program or Other Salary Reduction Proposal
21.4031
Professional Staff Service Records
21.4032
Reductions in Salaries of Classroom Teachers and Administrators
21.4045
Planning and Noninstructional Duties of Teachers
21.4511
Professional Development Activities for Teachers and Administrators
21.4513
Professional Development Requirements Audit
21.4514
Continuing Education and Training Clearinghouse
21.4515
Annual Adoption of Professional Development Policy
21.4552
Teacher Literacy Achievement Academies
21.4553
Teacher Mathematics Achievement Academies
21.4555
Civics Training Program
21.4556
Civics Training Program Advisory Board
21.4571
Texas English Language Proficiency Assessment System Training
21.04891
Bilingual Special Education Certification
21.7011
Purposes
21.7061
Implementation Flexibility

Accessed:
Mar. 23, 2024

§ 21.006’s source at texas​.gov