This article was originally published in The Classroom Teacher Spring 2026 issue.
Thousands of educators in Texas remain stuck in limbo with the state’s licensing agency due to new state-mandated reporting requirements that provide little time for local verification of complaints before they’re elevated.
Reports to the State Board for Educator Certification nearly tripled in the first five months the new law was in effect when compared to the monthly average of misconduct reports the previous year. More than 7,100 reports had been received by SBEC as of January, according to the most recent publicly available data.
At that rate, SBEC would be projected to receive more than 17,000 reports by the end of the current fiscal year, far more than the 5,700 reports from the previous year. With the increased volume of reports, investigations lower on the priority list may languish for a significant amount of time, an existing problem that only stands to grow worse.
UPDATE: In early May, TEA released this dashboard to track SBEC reports. It shows nearly 14,000 complaints through April 30, 2026.
RELATED VIDEO: Watch Tuesdays with TCTA: Protecting Texas Educators to learn more.
The new reporting requirements stem from the 2025 passage of Senate Bill 571, which aimed to tighten the handling of allegations involving child abuse and neglect by establishing two new reporting deadlines:
The intent of the legislation was to quickly escalate complaints regarding certain types of conduct as well as limit the ability of districts to minimize or conceal those complaints. But with the mandate and the short timeline, the reality is that districts are now required to report educators before an investigation is conducted and sometimes even when there is evidence to indicate that the complaint is not true.
Melissa Kates, general counsel for Grand Prairie ISD, said the tight, 48-hour deadline means a school district has limited ability to determine the veracity of a complaint before it must report the complaint to SBEC.
For example, a complaint received Friday afternoon would need to be reported to the state on Sunday, leaving little time for the district to review video, collect statements and interview those involved.
Previously, the local investigation by the school district, law enforcement or Child Protective Services would happen before reports were submitted to SBEC, and those findings would serve as the basis of the state investigation. Although those investigations still occur, an independent and concurrent investigation must also be performed by the Texas Education Agency’s investigation division, which is experiencing staffing difficulties.
The result of the new requirements has been a huge backlog of investigations that can put a teacher’s job and certification at risk, particularly if they need to renew or are applying for a job in a different district.
“It has fundamentally changed the volume of (SBEC) cases and the way that they work,” said Julie Leahy, TCTA’s director of legal services. “The problem is that the state agency charged with asking the questions is not set up to conduct frontline investigations.”
Trying to navigate this landscape alone would be treacherous and time-consuming for an educator, Leahy added.
For educators, these changes mean that they’re more likely to have a complaint filed against them and more likely to have that complaint forwarded to SBEC. Resolving those complaints at the state level also will be more difficult than in the past, even when there is clear evidence refuting the allegation and the district has closed the case, Leahy said.
Kates said her colleagues do all they can to investigate complaints within the 48-hour window to avoid unnecessary classroom disruption.
“Research is clear — the classroom teacher matters most within the school,” Kates said. “Given the legal challenges educators face, I always encourage my friends and family in education to join a professional organization that provides protection and support.”
As TCTA has testified, the lengthy investigations harm teachers who have not been found to have engaged in misconduct but are nevertheless labeled as “under investigation” while the case review drags on.
The long investigation times may create problems for educators seeking employment in a new district or renewing their certificates.
In some circumstances, educators might not even know a complaint has been filed and that they are “under investigation.” Others might expect that a case has been closed when a local investigation finds no merit to a complaint, when in fact it remains open with the state due to the backlog.
When seeking a job in public education in Texas, all applicants are required to submit a signed pre-employment affidavit that includes questions about SBEC reports, investigations, and resignations or employment actions related to alleged misconduct. Failing to answer the affidavit questions accurately could carry sanctions or criminal penalties and could result in loss of employment.
One of the affidavit questions is whether the educator is currently under investigation by a licensing authority, yet there is no official mechanism to check the status of a complaint made to SBEC. The backlog means that a state investigation could be lingering long after the local investigation has cleared the educator.
The stakes are also high for educators needing to renew their certification, which is required every five years. In the past, the renewal process was rather perfunctory for most people. But now, SBEC may decline to renew the certification if there is a pending investigation, even when the underlying complaint has been resolved.
Leahy noted that TCTA’s legal representation has been essential for members facing renewal obstacles due to the backlog. Without representation from TCTA lawyers who know the process and the people, “they probably would have been sunk.”
IMMEDIATE ACTION ITEMS
INFORMATION GATHERING AND INITIAL STEPS
At this stage, the primary focus is obtaining and reviewing what has been reported and what information has been provided. TCTA’s lawyers work to obtain available information, which may include submitting a request under the Texas Public Information Act for:
It is important to consult with a licensed attorney before taking any substantive action in response to a complaint filed with TEA.
WHAT TO EXPECT
In many cases, there is a period of no communication after a report is made. This is expected and normal and may last for months.
You will typically become aware that a matter is moving forward when:
If a warning is placed on your certificate:
The presence of a warning does not indicate that misconduct has been found. You may continue to work during this time.
IF SBEC OPENS AN INVESTIGATION
If SBEC initiates an investigation, you may receive a request for a response. TCTA’s lawyers can work with you to determine if a response is appropriate and help you prepare.
The response to SBEC may consist of:
Following the informal conference, the investigator will present the case for review and may give you an offer to resolve the complaint.
If a sanction is proposed, TCTA’s attorneys will work with you to evaluate whether to accept the proposed resolution or proceed to a hearing before the State Office of Administrative Hearings, which is a more formal process.
If you are applying for a position with another school district, you will be required to complete an Educator Affidavit regarding prior misconduct and investigations. This affidavit is required by the Texas Education Agency and can be found here.
This document typically requires you to disclose information regarding:
Important:
Current TCTA members who have questions about how to complete or respond to questions on the affidavit or related inquiries should contact the TCTA Legal Department at 888-879-8282. A staff attorney will work with you to ensure that your responses are accurate, legally appropriate and do not create unnecessary risk.
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