For Texas educators, being placed on the Texas Education Agency’s (TEA) Do Not Hire Registry can have serious consequences. A Registry placement can affect your current employment and your ability to work for another Texas school district or educational entity. If you are facing a potential Registry placement, a Texas teacher license defense lawyer can help you understand your rights and the options available to challenge the action. Recent changes to Texas law have created two different ways an educator can be temporarily placed on the Registry, and understanding the difference between them is important.
The two processes are found in Texas Education Code §§ 22A.152 and 22A.153. One generally involves alleged misconduct that TEA believes creates a continuing and imminent threat to the public welfare. The other applies when an educator is arrested for certain qualifying offenses. Although both can result in temporary Registry placement, the laws use different standards and procedures.
How Can an Educator Be Placed on the Do Not Hire Registry?
Under Texas Education Code § 22A.152, the TEA Commissioner may temporarily place an educator on the Do Not Hire Registry when the Commissioner determines that the person’s continued employment or services present a “continuing and imminent threat to the public welfare.”
This provision can apply when TEA receives information or evidence concerning alleged misconduct. In certain circumstances, TEA can temporarily place the educator on the Registry without providing advance notice or a hearing.
That can create a difficult situation for an educator. The Registry placement may take effect before the educator has an opportunity to explain what happened, dispute the allegations, or present evidence in response.
However, the lack of an initial hearing does not necessarily mean the educator has no opportunity to challenge the decision. Texas law provides for proceedings after a temporary placement, including an expedited probable-cause hearing through the State Office of Administrative Hearings (SOAH).
What Does “Continuing and Imminent Threat” Mean?
The words “continuing” and “imminent” are important.
A serious allegation involving past conduct does not automatically establish that an educator currently presents an imminent threat. The circumstances surrounding the allegation, the evidence available to TEA, and the timing of the agency’s action may all matter.
For example, if TEA receives information suggesting that students could face an immediate danger, the agency may have a strong argument for taking temporary action while the matter is investigated. But if TEA has known about an allegation for an extended period before suddenly determining that an educator presents an imminent threat, the timing may raise additional questions.
Educators facing Registry placement should understand what information TEA relied upon and why the agency believed immediate action was necessary.
How Arrest-Based Registry Placement Is Different
Texas Education Code § 22A.153 creates a separate process for certain arrests.
When an educator who works for or provides services to an educational entity is arrested for one of the offenses identified by the statute, the Commissioner must temporarily place that person on the Registry after verifying the person’s identity.
Unlike § 22A.152, this provision does not use the same “continuing and imminent threat” standard. The qualifying arrest itself triggers the statutory process.
This distinction matters because an arrest is not a conviction. An educator may face Registry consequences while the underlying criminal case is still pending and before the person has been found guilty of the alleged offense.
How Long Can an Arrest-Based Placement Last?
The two statutory procedures also differ in what happens after temporary placement.
Under § 22A.153, the temporary Registry placement remains in effect until the final disposition of the related criminal matter. A criminal case can take months or longer to resolve, meaning an educator could potentially remain on the Registry while the criminal proceedings continue.
That can create significant professional consequences even though the criminal case has not yet reached a final outcome.
The difference between these two procedures is therefore more than technical. The statute creates separate pathways with different triggering events, standards, and timelines.
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Can an Educator Challenge a Do Not Hire Registry Placement?
A Registry placement is not necessarily the end of the process.
Depending on the circumstances, an educator may have an opportunity to challenge TEA’s action through SOAH proceedings. The appropriate strategy can depend on why the educator was placed on the Registry, what evidence the Texas Education Agency relied upon, whether the agency followed the required procedures, and what harm the placement has caused.
In cases involving § 22A.152, questions may include whether the facts actually establish a continuing and imminent threat and whether TEA followed the statutory and administrative procedures governing temporary placement.
Arrest-based cases under § 22A.153 raise different questions, including the significance of a qualifying arrest before a criminal case has reached a final disposition.
What Should You Do If You Are Facing Registry Placement?
If you learn that TEA has placed you on the Do Not Hire Registry, do not assume that the decision is final or that there is nothing you can do.
Start by preserving every document and communication you have received from TEA, your school district, or SOAH. The complete administrative record may provide important information about why TEA acted and whether the agency followed the required process.
The timing of the placement can also be important. Texas law can allow Registry placement to take effect before an educator has an opportunity to present their side of the story. Because employment consequences may follow quickly, waiting to address the issue can make it more difficult to protect your career.
If you are facing a Do Not Hire Registry placement, a Texas teacher license defense attorney can review the circumstances, determine which statutory process applies, and help evaluate potential challenges to the placement.
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