The § 21.058 framework
The Texas State Board for Educator Certification (SBEC), operating under the Texas Education Agency (TEA), governs all Texas educator certifications — teachers, principals, superintendents, and certified school employees. Tex. Educ. Code Chapter 21 establishes SBEC’s authority; § 21.058 specifies the criminal-history sanctions framework; and 19 Tex. Admin. Code Chapter 249 implements the disciplinary procedures.
The criminal case and the SBEC case run in parallel. A criminal acquittal does not necessarily prevent SBEC sanction. A criminal conviction does not necessarily produce the maximum SBEC sanction. The two tracks are independent — and the educator’s long-term professional outcome often depends more on the SBEC track than the criminal one.
The sanction framework has four tiers, ordered by severity:
| Tier | Trigger | SBEC Action | Reinstatement |
|---|---|---|---|
| 1 — Mandatory permanent revocation | Title 5 sex offense involving a child (§ 21.058(b)) | Permanent revocation — no contested case discretion | None ever |
| 2 — Discretionary revocation | Felony conviction (§ 21.058(c)) | Contested case at SOAH; revocation or sanction | After waiting period under 19 TAC § 249.17 |
| 3 — Reportable sanction | Reportable misdemeanor (§ 21.060) | Investigation; sanction varies from probation to suspension | After waiting period |
| 4 — Investigation only | Other offenses, dismissals, deferreds | Investigation possible; sanction unlikely on clean disposition | N/A — certificate not affected |
Title 5 mandatory revocation
Section 21.058(b) lists offenses for which SBEC must permanently revoke the educator’s certificate. There is no contested-case discretion and no reinstatement pathway. The mandatory list:
- Indecency with a child — Penal Code § 21.11
- Sexual contact with a child under 17 or exposure with intent to arouse.
- Sexual assault — Penal Code § 22.011
- Including the under-17 statutory provision under § 22.011(a)(2).
- Aggravated sexual assault — Penal Code § 22.021
- Adds aggravating element (deadly weapon, multiple actors, kidnapping, victim under 14).
- Continuous sexual abuse of young child or disabled individual — Penal Code § 21.02
- Two or more acts of sexual abuse over 30 days against a child under 14 or disabled individual.
- Sexual performance by a child — Penal Code § 43.25
- Inducing or directing a child to engage in sexual performance.
- Possession or promotion of child pornography — Penal Code § 43.26
- Including 21st-century internet-distribution-era offenses.
- Compelling prostitution of a person under 18 — Penal Code § 43.05
- Causing another person to commit prostitution; under-18 victim subjects to enhanced framework.
- Trafficking of persons involving a child victim — Penal Code §§ 20A.02, 20A.03
- Recruiting, transporting, or harboring a person under 18 for sexual or labor purposes.
These offenses derive from the sex offender registration list at Tex. Code Crim. Proc. art. 62.001(5)(I)-(L), expanded by § 21.058(b)(2) to include the child-victim trafficking and prostitution offenses. The mandatory revocation applies to conviction or adjudication. Deferred adjudication does not avoid Title 5 mandatory revocation — the statute reaches both dispositions.
Felony convictions and SBEC discretion
Under § 21.058(c), any felony conviction (other than Title 5) triggers SBEC discretionary review. The Board typically opens an investigation and pursues sanctions through the contested case process. Sanction options run from full revocation down to probation:
- Revocation — certificate cancelled; reinstatement possible after § 249.17 waiting period
- Suspension — certificate suspended for a specified period; reinstates automatically at term end
- Restriction — certificate continues but restricted (e.g., no work with students under 18, no extracurricular supervision, no overnight trips)
- Probation — certificate continues with monitoring conditions (treatment, supervision, regular check-ins)
- Reprimand — certificate continues; formal censure on record
The sanction outcome on felony convictions depends heavily on three factors: (1) the offense category (drug, fraud, violent, weapons, DWI), (2) the educator’s disciplinary history and tenure, and (3) the SBEC staff attorney’s sanction recommendation. Engagement counsel who is familiar with SBEC practice can significantly shift the sanction outcome through investigation-stage advocacy.
Reportable misdemeanors
Tex. Educ. Code § 21.060 lists misdemeanor offenses that are reportable to SBEC and subject to investigation:
| Category | Examples | Typical Sanction Range |
|---|---|---|
| DWI (any classification) | Class B 1st offense, Class A 1st offense BAC ≥ 0.15, Class A 2nd offense | Reprimand to suspension |
| Drug offenses (any) | Class B marijuana under 2 oz, Class A drug paraphernalia, Class A controlled substance | Probation to suspension |
| Alcohol-related | Public intoxication, DUI of minor, alcohol sale to minor | Reprimand to probation |
| Moral turpitude | Theft, fraud, prostitution, indecent exposure, lewdness, deceptive trade practices | Suspension to revocation (per offense severity) |
| Family violence | Class A assault-FV under § 22.01(b)(2) | Suspension; § 21.058(c-1) requires sanction even on successful deferred adjudication |
The reportable-offense framework triggers SBEC investigation but does not mandate a specific sanction. Many reportable misdemeanors resolve through consent agreement at the investigation stage without proceeding to contested case.
District reporting and self-disclosure
Two reporting channels feed SBEC: the district employment-end report and the educator self-disclosure.
District reporting (§ 21.006). The superintendent or principal must notify SBEC not later than the seventh business day after becoming aware that an educator’s employment ended under circumstances that involve potential misconduct. The reporting obligation is mandatory and non-waivable — § 21.006(g) makes “separation agreements” that suppress reporting void as against public policy.
Educator self-disclosure (§ 22.0833 + 19 TAC § 232.7). At every certificate renewal, the educator must disclose any criminal arrests, charges, or convictions since the previous renewal. The disclosure obligation is broad — it captures arrests that did not result in conviction, deferred adjudications, dismissals, and acquittals. Failure to self-disclose is itself grounds for revocation under § 21.058(c).
The combined effect: SBEC almost always finds out. Districts report serious cases within days; the educator’s renewal disclosure surfaces everything else. Strategies that depend on SBEC not learning about a criminal matter typically fail.
SBEC contested case process
When SBEC opens a disciplinary case that may result in sanctions, the educator is entitled to a contested case hearing under the Texas Administrative Procedure Act (Tex. Gov’t Code Ch. 2001). The process:
- SBEC investigation. SBEC staff attorneys investigate and decide whether to seek sanctions. The educator may submit a written response.
- Notice of formal charges. SBEC issues a notice specifying the alleged violations and proposed sanctions.
- Settlement opportunity. Before contested case, SBEC offers settlement — typically a consent agreement with reduced sanction in exchange for waiver of further proceedings.
- Contested case hearing. If settlement fails, the case is heard by an administrative law judge at the State Office of Administrative Hearings (SOAH) in Austin. The educator is entitled to counsel, evidence presentation, cross-examination, and brief filing.
- Proposal for decision. The ALJ issues a written proposal for decision recommending sanction (or no sanction).
- SBEC final order. SBEC reviews the ALJ’s recommendation and issues a final order, which may adopt, modify, or reject the recommendation.
- Judicial review. Final orders are appealable to district court in Travis County under Tex. Gov’t Code § 2001.171.
Consent agreements
Most SBEC cases resolve through consent agreement rather than contested case. A consent agreement is a negotiated settlement between the educator and SBEC staff in which the educator admits to specific facts, accepts a defined sanction (typically less severe than the State’s initial proposal), and waives further proceedings. Consent agreements are public records but avoid the protracted contested-case timeline (which typically runs 12-24 months).
Negotiation factors that influence consent-agreement terms:
- Strength of the State’s evidence on each alleged violation
- Educator’s prior disciplinary history and tenure
- Specific criminal-case disposition (dismissal, deferred adjudication, conviction)
- Voluntary completion of treatment, counseling, or rehabilitation programs
- Character references and community support documentation
- Willingness to accept restriction or probation in lieu of suspension/revocation
Deferred adjudication mitigation
For non-Title-5 offenses, successfully completed deferred adjudication can significantly mitigate the SBEC outcome. The deferral typically reads as "rehabilitation in process" rather than "convicted person" and supports negotiated sanctions short of full revocation. SBEC’s sanction tables treat deferred-adjudication outcomes more favorably than direct convictions.
Exceptions: (1) Title 5 sex offenses — deferred adjudication does not avoid mandatory revocation under § 21.058(b). (2) Family violence under § 21.058(c-1) — sanction is required even on successful deferred adjudication. (3) Multiple deferred adjudications — SBEC treats a pattern more harshly than a single deferral.
Out-of-state impact (NASDTEC)
Texas SBEC reports educator disciplinary actions to the NASDTEC (National Association of State Directors of Teacher Education and Certification) Educator Information clearinghouse. NASDTEC is accessed by certification boards in all 50 states. An educator with sanctions in Texas typically faces reciprocal action in any other state where they hold or apply for certification.
Strategies that depend on relocating to another state to continue teaching generally fail. NASDTEC reporting follows the educator. Even a successful pre-sanction departure from Texas does not avoid the report — Texas SBEC reports the disciplinary action regardless of whether the educator continues to hold the Texas certificate.
