Misconduct Reporting Portal

The 86th Legislative Session in 2019 passed House Bill 3, which was passed to further protect the safety and welfare of Texas students in several ways, one of those being now requiring schools to report certain allegations of misconduct against non-certified employees.

Under TEC §21.006 and Texas Administrative Code (TAC) §249.14, school leaders have been and continue to be responsible to report certified educators to the State Board of Education (SBEC) for misconduct. Now as a more stringent requirement, in accordance with the new Texas Education Code (TEC) §22.093, charter schools leaders, among other entities, are required to report to the commissioner when any non-certified employee resigns or is terminated, and there is evidence that the employee:

• Abused or otherwise committed an unlawful act with a student or minor; or
• Was involved in a romantic relationship with or solicited or engaged in sexual contact with a student or minor.

As a tool to be able to comply with this broadened requirement, Texas Education Agency has created a Misconduct Reporting Portal (“DNHMisconduct)”, which is now available for use through the Texas Education Agency Login (TEAL) portal.

How Do I Gain Access to the Portal?

1. Log into your TEAL account at https://tealprod.tea.state.tx.us/ using your username and password.  Note that TEAL and the Misconduct Reporting Portal should be accessed with Google Chrome as the web browser.
2. Click on My Application Accounts in the Self-Service Menu.
3. Click on Request New Account.
4. Click on DNHMisconduct.
5. Click on Add Access.
6. Enter the Employing Organization name or county/district number. Select your organization. Check the Entity box under Roles & Parameters. Enter the Authorizing Organization again under the Entity drop down box. Click Done.
7.  Click Save Changes.
8.  The screen will display a message that the request was successfully submitted. Access will need to be approved by the Primary or Alternate approver of the district, and then by TEA staff.

What are the reporting requirements?

These required reports must be submitted within seven business days by the superintendent, director or chief administrative officer after he or she first becomes aware of a reported criminal history, termination or resignation and there is evidence of misconduct.

Is a superintendent, director or chief administrative officer required to complete an investigation if the educator resigns before the charter school completes its investigation?

Yes! A superintendent of a charter school must complete an investigation that involves evidence that the educator may have abused a student or minor, or that the educator may have been involved in a romantic relationship or solicited or engaged in sexual contact with a student or minor. TEC §21.006(b-1) and TEC §22.093(d).

What are the consequences for failing to report this information?

There are serious consequences involved. The SBEC may sanction a certificate holder who fails to report the required information. In addition, the SBEC may impose an administrative penalty and or also criminal penalties if the superintendent or director had an intent to conceal the information.

TEA also shared some great resources with additional information:

• Reporting Requirements Webpage and FAQs: click here
• Process Document: *begin on page 20 for those who already have TEAL access: click here
• TEA Help Desk: click here