Misconduct Reporting Part 1: SB 571 Abuse and Misconduct

Senate Bill (SB 571) made conforming changes to current law for the mandatory reporting of abuse and educator misconduct.

SB 571 and redesignated current law into a new chapter (22A) with new definitions and redefined reporting requirements for abuse and misconduct.

The bill also expanded the requirement to use the pre-employment and pre-service affidavit provided by the Texas Education Agency (TEA) for anyone seeking employment or to be a service provider in an educational entity. This information is covered in Misconduct Reporting Part 2: Pre-Employment and Pre-Service Affidavits FAQ.

Critical Points

Following are a few critical points for the bill. The new requirements were effective for the 2025-2026 school year.

• Requirement to report abuse (Texas Family Code §§ 261.001 and 261.101)
  • A professional who has reasonable cause to believe a child has been abused or neglected is required to make a report to the Department of Family and Protective Services (DFPS) or law enforcement within 24 hours after the professional has reasonable belief that the child has been abused or neglected.
  • The amended definition of abuse includes sexual conduct harmful to a child’s mental, emotional, or physical welfare, including conduct that constitutes an improper relationship between an educator and a student under Texas Penal Code § 21.12, and encouraging a child to engage in sexual conduct.
  • The definition of law enforcement agency means the Texas Department of Public Safety, a municipal police department, a county sheriff’s office, or a county constable’s office. It does not include the district police department.
• Principal and superintendent reporting requirements (TEC §§ 22A.051 and 22A.052)
  • A principal must report alleged misconduct by all employees and service providers to the superintendent within 48 hours of becoming aware of evidence of misconduct.
  • A superintendent must report the allegations of misconduct through TEA’s misconduct reporting portal within 48 hours of becoming aware of evidence of misconduct, including:
    • Any form of sexual or physical abuse of a minor or otherwise unlawful act with a student or minor
    • Soliciting or engaging in sexual conduct or a romantic relationship with a student or minor
    • Engaged in inappropriate communication with a student or minor
    • Failed to maintain appropriate boundaries with a student or minor
  • Failure of a superintendent to submit a required report of misconduct with the intent to conceal a person’s criminal record or alleged incident of misconduct to TEA/State Board for Educator Certification (SBEC) will result in the superintendent committing a felony.
• Parent/guardian notification (TEC § 22A.053)
  • Districts must adopt a policy requiring notice be sent to the parent or guardian of the student with whom an employee or service provider has allegedly engaged in certain misconduct. The notice must be provided as soon as practicable and include:
    • That the alleged misconduct occurred
    • Whether the person resigned before completion of the investigation or was terminated
    • Whether a report was submitted to TEA/SBEC concerning the alleged misconduct

Resources

TASB HR Services has the following resources available (member login required).

HRX Articles:

• Misconduct Reporting Part 2: Pre-Employment and Pre-Service Affidavits FAQ
• Misconduct Reporting Part 3: HB 4623 Sexual Misconduct Liability
• Webinar: Reporting Abuse and Misconduct & the 89th Legislature
• TEA Releases New Resource
• Misconduct Reporting Training and Pre-Employment Affidavit

HR Services Resource Library:

• Employee Misconduct Reporting Requirements
• Misconduct Reporting Requirements Summary
• Reporting Suspected Child Abuse and Neglect Requirements Summary

The HR Services Resource Library also has useful information and tools to help educational entities manage investigations and the impact of employee misconduct. Members will need to log in for access.