By Kevin Lungwitz
In March 2020 the Texas Education Agency launched a first-of-its-kind “Do Not Hire” registry for Texas schools. Here are some important pointers.
What is the Do Not Hire Registry?
The Do Not Hire Registry is a list maintained by TEA, accessible online, of persons who are not eligible for hire in a Texas public school based on misconduct or criminal history.
Who will be placed on the Registry?1
Certified Educators: All persons whose educator certificates have been revoked (either voluntarily or after a due process hearing) and who were found to have abused a student or minor; or were involved in a romantic relationship with, or solicited or engaged in sexual contact with, a student or minor.
Non-Certified School Employees: All non-certified persons who worked in a public school (including a charter school, regional service center, shared services co-op) and who were found, (voluntarily or after a hearing) to have been involved in a romantic relationship with, or solicited or engaged in sexual contact with, a student or minor.
Certified and Non-Certified Employees: If the person was convicted or received deferred adjudication for any crime requiring the person to register as a sex offender; or was convicted of a felony offense under Title V of the Texas Penal Code (involving crimes such as homicide, kidnapping, trafficking, sexual offenses, assaultive offenses) and the victim was under 18.
Before the creation of the Do Not Hire Registry, TEA/SBEC could revoke a certificate of a certified educator for the reasons stated above, but there was no public clearinghouse to prohibit the person from being subsequently employed in a non-certified position in a public school. (e.g. Previously, a revoked educator could be later employed as a non-certified aide, but no longer.)
Perhaps the greatest change is with non-certified school employees. Previously, TEA had no authority over a non-certified person. Now they do. Now, school districts must investigate and report certain allegations regarding certified and non-certified employees to TEA. After a TEA investigation, and depending on the outcome of a possible hearing, the non-certified person may be placed on the Do Not Hire Registry.
Important Notification Requirements for Principals
Since 2017, a principal must notify the superintendent, within seven business days, any time a principal has knowledge of the following circumstances regarding a certified educator (paraphrased):2
- An educator’s criminal record that is not reflected in the school district’s criminal history background check. (For example, if the principal learns of something new about an employee’s criminal history, such as a teacher who gets arrested over the weekend for assault or DUI.)
- An educator violating test security as provided by state law or TEA regulation.
- An educator was terminated (or resigned) and there is evidence that the educator:
a. Abused or committed an unlawful act with a student or minor;
b. Was involved in a romantic relationship or solicited or engaged in sexual act with a student or minor;
c. Possessed or sold illegal drugs and/or controlled substances;
d. Misappropriated or illegally spent school money or property;
e. Committed educator certificate fraud;
f. Committed any crime on school property or at a school-sponsored event.3
New: Since September 2019, a principal must include non-certified employees among those requiring notification to the superintendent for the following reasons (paraphrased)4: The non-certified employee was terminated (or resigned) and there is evidence that the employee:
a. Abused or committed an unlawful act with a student or minor;
b. Was involved in a romantic relationship or solicited or engaged in sexual act with a student or minor.
Do not delay in making these notifications to the superintendent within seven days. It does not have to be pretty; just informative and documented. An email will suffice. The penalties for failing to timely notify can be severe.5 Once notified, the superintendent must investigate and report to TEA within seven days. As of March 2020, there is an online reporting portal on the TEA website.6 The portal will assist in confirming the required elements of the report and it will memorialize proof of the report.
What about private schools?
The TEA reporting requirements above also apply to the chief administrative officer of a private school if the affected employee would be required to hold an educator certificate if the affected employee worked in a public school district.7 Take away: Private school administrators need to be aware of this new requirement.
How do I access the Do Not Hire Registry list?
Private access to the registry exists for school districts who have established a TEA Login (TEAL) account and who request access to the online registry. There is also public access similar to a certificate search. (Google: TEA Do Not Hire Registry) By merely typing in the first and last name, one can determine if a person is on the Do Not Hire Registry. This will also show if a non-certified employee is currently under investigation by TEA. It will not show whether a certified educator is under investigation. That can be determined by performing a certificate search on the TEA’s website. (Google: TEA Certificate Lookup)
The take-away for the campus administrator is to be mindful of your notification duties to the superintendent, and also be sure to have your assistant check each of your staff members at least once a year to ensure the person is not on the Do Not Hire Registry. If the person is on the registry, consult your supervisor and the school lawyer immediately to begin dismissal proceedings.
Kevin Lungwitz practices law in Austin and is a former Chair of the School Law Section of the State Bar of Texas.
Endnotes
1Texas Educ. Code Sec. 22.092.
2Tex. Educ. Code Sec. 21.006(b-2)
3See “Serious new notification requirements for campus principals” TEPSA News, August 2017, for more information.
4Tex. Educ. Code Sec. 22.093(e)
5If a principal does not timely notify the superintendent, or if the superintendent does not timely report to SBEC, a $500 to $10,000 administrative penalty may be assessed, in addition to certificate sanctions. Plus, it is a state jail felony if there was intent to conceal.
6Tex. Educ. Code Sec. 21.006 (g-1); 22.094
7Tex. Educ. Code Sec. 21.0062
TEPSA News, November/December 2020, Vol 77, No 6
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Note: Information from Legal Ease is believed to be correct upon publication, but is not warranted and should not be considered legal advice. Please contact TEPSA or your school district attorney before taking any legal action, as specific facts or circumstances may cause a different legal outcome.
