Texas Education Agency (TEA) License Defense
We are educator license defense lawyers that navigate teachers, administrators, and superintendents in the State of Texas through the Texas Education Agency (TEA) investigation process.
We Fight for Good Teachers & Administrators
Teachers, school counselors, administrators, and superintendents are the lifeline for the children of Texas to achieve an education to make their dreams a reality. However, we understand that there are times when teachers and administrators are wrongfully accused, resulting in their teacher's certification being possibly terminated or suspended by TEA.
The Commissioner of Education is the party responsible for violations of school law in the State of Texas, under Title 1 and Title 2 of the Texas Education Code. TEA is the state agency that licenses and regulates educational professionals in the state of Texas. If an educational professional is accused of misconduct, the TEA may investigate and, if there is evidence of wrongdoing, may terminate the educational professional's license under state law. If an educator's certification is terminated, the educator is afforded procedural due process and has the right to appeal the decision. The appeal process is not a walk in the park, thus we do not recommend those facing sanctions to solely rely on general information found online but rather seek the guidance of an education license defense attorney to assist with this legal matter. We should note that an educator cannot be terminated on the basis of race, national origin, disability, or matters related to federally protected classes of discrimination. If the educator feels the termination is directly related to discrimination, then the educator may file a grievance or lawsuit in court.
Masterly Legal Solutions is a law firm that can help navigate teachers and administrators through the process of hearings and appeals. We represent educational professionals throughout Texas from the beginning of the disciplinary process, proposed termination, and to the end of the hearing process for the professional license defense. One of the key things we focus on is educator preparation for the hearing and we have experience working with Texans that are teachers and principals. Our Managing Attorney, Andrew Rhoden, was a teacher prior to entering the legal profession and today he is one of the top education law attorneys in the country. Please contact us for a free consultation to see if we can protect your professional license.
What Should a Texas Teacher or Administrator
Expect During a TEA Investigation?
The Texas Education Agency (TEA) investigation process is a tedious process that should not be taken lightly. We highly recommend that you obtain legal counsel such as Masterly Legal Solutions to provide you with guidance during the investigation.
Can a Texas Administrator or Teacher be Disciplined for Incidents that Take Place Off-Campus?
Texas educational professionals and administrators have a duty to follow the Texas Educators Code of Conduct. Under this duty, educators can be disciplined for incidents that take place on-campus or off-campus such as the educator's home or in the general public. This includes both criminal and civil matters such as family disputes. If you have questions about the code of conduct then please see TEA's website or ask the human resources office at our local school.
Mandatory Report by the Texas School District
Upon receiving notice of an allegation or if someone has filed a complaint, the school districts and charter schools will begin an investigative hearing of the facts presented to them. If the complaints are under the jurisdiction of state law, then the district's human resources investigator will generally meet with the teacher or school counselor and give them written notice of the allegations. If there is merit to the allegations from the Texas public school district, then the school will forward the matter to TEA. School districts in Texas have a duty to report known violations to the TEA. Sometimes the teacher is put on administrative leave and possibly faces proposed termination while TEA investigates the matter. At this point, if you have not done so yet, we highly recommend that education professionals contact a law firm to assist you through the disciplinary process.
Notice of TEA Investigation & Preliminary Meeting with TEA
Upon receiving notice from the school district, TEA will notify the party that they are now being investigated. Following the review of the information provided by the school district, TEA will give the educator written notice of the disciplinary action for the violation of the Texas Education Code with a date for a preliminary meeting. Notice will either be in the form of a letter or an email from TEA, so be on the lookout for the agency's communications. It is highly recommended that you seek legal counsel to prepare you for this meeting because the outcome will determine if you are able to be an educator in the State of Texas. It should be noted that the teacher may put their response to the TEA investigation in writing, but unless one has legal experience in education law and investigations then we highly recommend you contact a law firm such as Masterly Legal Solutions. At the preliminary hearing, the educator will be able to provide evidence to refute the allegations being brought against them.
Texas Education Agency (TEA) Investigation Decision
Following the preliminary hearing with the TEA investigator will review the information provided to them by the educator. TEA will then make a decision on the professional's license. The possible outcomes are listed below.
What are the Possible Outcomes of a TEA Hearing?
Listed below are the possible options that TEA could do for a teacher or administrator that is facing disciplinary action for misconduct following a hearing. We could negotiate on your behalf to see if there could be a different outcome prior to the final decisions are made. However, these outcomes do not prevent TEA from reporting the misconduct with good cause to local authorities for criminal conduct because state law enforcement still has jurisdiction and authority over any criminal matters.
192 Texas Administrative Code § 249.15
Under the 192 Texas Administrative Code § 249.15, the State Board for Educator Certification (SBEC) may reprimand, suspend, or revoke the license of a Texas teacher.
If you care about your career and license contact us!
Administratively Closed
TEA will generally close the investigation after they have concluded the teacher or administrator was innocent of any wrongdoings under the Texas Education Code or the evidence was inconclusive. The teaching license will be restored and the teacher can immediately return to the classroom.
Suspension
TEA following a hearing can suspend the license of a classroom teacher or administrator for an indefinite period of time. Sometimes TEA will issue suspensions while there is a pending criminal investigation taking place against the teacher or administrator.
Reprimand
TEA following a hearing will sometimes issue a reprimand if it determines that the allegations had merit but it did not warrant the termination of the education professional's license. The reprimand can either be published or not published on the professional's credentials. However, the educator will be permitted to seek employment with a Texas public school or charter school. There might be stipulations that the teacher must complete such as a course in the code of ethics, counseling, or what they deem necessary to satisfy the sanction. It should be noted that the teacher can deny or may appeal the offer made by TEA.
Revocation of License
If it is determined by TEA following a hearing or investigation that the teacher or administrator's conduct rose to the level that is a threat, harmful, or not in the best interest of children, then it is likely they will revoke the teacher's license. Upon the revocation of the license, the teacher or administrator may not return as an educator in Texas.
