Stronger Protections, Shorter Timelines: New Mandates for Misconduct Reporting in Texas Charter Schools

Stronger Protections, Shorter Timelines: New Mandates for Misconduct Reporting in Texas Charter Schools

July 15, 2025 | Charter Administration

Keeping students safe isn’t just a moral obligation…it’s the law. The 89th Texas Legislative Session introduced Senate Bill 571 and House Bill 4623, which tighten reporting timelines, expand definitions of reportable misconduct, and remove key legal immunities for charter schools in cases of sexual misconduct and failure to report. SB571 became effective immediately when signed on June 20, 2025, and HB 4623 takes effect on September 1, 2025.

Here’s what school leaders, HR staff, and anyone responsible for investigations or personnel decisions must know:

SB 571 – What’s Changed?

  • Faster Reporting Required
    • Reports of suspected child abuse or neglect must now be made to DFPS or law enforcement within 24 hours of first having reasonable cause to believe abuse occurred. (Down from 48 hours.)
    • Reports of certain employee misconduct must be filed with TEA within 48 hours of awareness (previously 7 business days for most cases).
  • All Misconduct Reporting Consolidated into Chapter 22A
    • All misconduct reporting requirements (whether the employee is certified, non-certified, or a contracted service provider) are now located in Chapter 22A of the Education Code.
  • Expanded Definition of Misconduct
    • You must report when any employee or contractor:
      • Abuses or threatens a student (even without injury),
      • Is involved in or solicits a romantic/sexual relationship with a student,
      • Communicates inappropriately with students,
      • Fails to maintain professional boundaries.
  • Pre-Employment Affidavits Are Now Mandatory
    • New hires and service providers must:
      • Disclose past investigations or misconduct,
      • Sign a TEA-published affidavit,
      • Consent to release employment records. Failure to disclose equals disqualification from employment or contract service.
  • Parent Notification Policy Required
    • Charter boards must adopt a policy to notify parents when staff are alleged to have engaged in misconduct with a student. Notices must include:
      • Whether the employee was terminated or resigned,
      • Whether a TEA report was filed,
      • And must be sent as soon as feasible.

HB 4623 – Increased Liability for Schools

Charter schools and staff can now be held financially liable for up to $500,000 per claimant in cases involving sexual misconduct by a school employee or contractor, and/or failure to report abuse or neglect as required by law. Immunity no longer applies when the school is grossly negligent in hiring, supervising, or retaining an employee who commits sexual misconduct. This includes teachers, aides, contractors, substitutes, and even board members.

What You Should Do Now

  • Update your employee misconduct policies and parent notification procedures
  • Use TEA’s misconduct portal for all educator and staff reports
  • Train all leaders on new 24-hour and 48-hour timelines
  • Review background checks and verify pre-employment affidavits
  • Reassess your insurance coverage to ensure it covers sexual misconduct and failure-to-report scenarios

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