Finding out that you have been placed on the Texas Education Agency’s (TEA) Do Not Hire Registry can be alarming, especially if you were not given an opportunity to respond first. Texas law does allow TEA to temporarily place an educator on the Registry without advance notice or a hearing in certain circumstances.
That does not mean an educator has no way to challenge the decision. Texas law provides an expedited process for challenging certain temporary Registry placements, and the circumstances surrounding TEA’s decision may provide grounds to dispute the placement. A teacher license defense lawyer can help review the decision, explain the applicable process, and determine what options may be available.
Understanding when TEA can act without a hearing, what happens afterward, and what options may be available can help educators respond quickly.
When Can TEA Act Without Giving Notice First?
Texas Education Code § 22A.152 addresses situations in which the TEA Commissioner determines that an educator’s continued employment or services create a “continuing and imminent threat to the public welfare.”
The statute allows the educator to be temporarily placed on the Do Not Hire Registry without advance notice or a hearing.
This means TEA may act first and provide notice afterward. A temporary Registry order can take effect before the educator has had an opportunity to explain the allegations, submit evidence, or challenge the information TEA relied upon.
For educators, that timing can be particularly significant because Registry placement can have immediate employment consequences.
What Happens After the Temporary Placement?
Although § 22A.152 allows TEA to act without an initial hearing, it also provides for proceedings after the temporary placement.
When TEA uses the no-notice procedure, it must initiate a proceeding with the State Office of Administrative Hearings. SOAH must then hold a de novo probable-cause hearing within 17 days after the person is temporarily placed on the Registry.
“De novo” generally means the issue is considered anew rather than simply reviewing whether TEA made a reasonable decision.
The purpose of the hearing is to determine whether probable cause exists to keep the educator temporarily on the Registry.
A final hearing must then be held within the statutory timeframe.
Why Does the Timing Matter?
The fact that a hearing occurs later does not necessarily eliminate the consequences of the initial Registry placement.
Texas Education Code § 22A.151 requires an educational entity to discharge a person who is listed on the Registry and prohibits educational entities from hiring or accepting services from people listed on it.
As a result, the sequence can be significant:
- TEA makes a temporary placement decision.
- The educator is placed on the Registry.
- The educator’s school district may be required to discharge the educator.
- The educator receives notice and begins the process of challenging the placement.
- The educator has an opportunity to present their case through the administrative process.
By the time the educator gets a hearing, they may already have lost employment, income, benefits, or other professional opportunities.
Those consequences can make the timing of TEA’s action an important part of the case.
Does Acting Without a Hearing Violate Due Process?
Not necessarily.
The fact that Texas law permits TEA to act before a hearing does not automatically mean the procedure violates the Constitution. Courts have recognized that the government can sometimes take immediate action before providing a hearing when there is a significant governmental interest in acting quickly.
In the Do Not Hire Registry context, Texas can argue that immediate action is necessary when an educator may present a continuing and imminent threat to students or the public.
The more important question may be whether the overall process provides sufficient protection against an incorrect decision.
That can involve looking at several factors, including the educator’s interests, the risk of an incorrect Registry placement, the evidence available to TEA, the reason for immediate action, and how quickly the educator receives an opportunity to challenge the decision.
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What If TEA Waited Before Declaring an “Imminent Threat”?
The facts surrounding TEA’s decision can matter.
The statute refers to a “continuing and imminent threat.” If TEA receives information about alleged misconduct and acts immediately because it believes students or the public may be at risk, the justification for emergency action may be stronger.
But what happens if TEA knew about the allegation for weeks or months before taking action?
The timing may raise questions about whether the situation was actually “imminent” and whether the facts supported temporary Registry placement without advance notice.
An educator facing placement should therefore look beyond the allegation itself. It may also be important to understand when TEA learned about the information, what investigation occurred, what evidence was gathered, and why the agency decided immediate action was necessary.
What If TEA Did Not Follow the Required Procedures?
The question is not always whether the Do Not Hire Registry law itself is constitutional.
Even if a court determines that the statute can constitutionally allow temporary placement without advance notice, TEA still has to follow the procedures established by law and applicable administrative rules.
That means the administrative record can be extremely important.
An educator and their attorney may want to obtain the SOAH docket, TEA’s request to docket the case, notices and proof of service, the temporary Registry order, filings related to the probable-cause hearing, hearing records, and subsequent orders.
Reviewing the actual record can help determine what TEA did, when it did it, what notice was provided, and whether the agency followed the required process.
What Should Teachers Do After Being Placed on the Registry?
If you discover that you have been placed on the Do Not Hire Registry, act quickly.
Save all emails, letters, notices, employment documents, and communications from your school district and TEA. Do not assume that the information you received from your employer tells you everything about the administrative case.
The complete SOAH record may contain important information about the basis for the placement and the deadlines that apply to your case.
You should also determine why you were placed on the Registry. Cases involving an alleged continuing and imminent threat under § 22A.152 can involve different legal issues than cases involving a qualifying arrest under § 22A.153.
A Texas teacher license defense attorney can review the circumstances of your case, explain the applicable process, and evaluate whether there are grounds to challenge the Registry placement or the way TEA handled your case.
If your teaching career is at risk because of a Do Not Hire Registry placement, understanding your rights and acting quickly can be critical.
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