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Texas Teacher Arrest: Will I Lose My License?

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An arrest is one of the most worst experiences a person can go through. For a Texas educator, that arrest stress is magnified by one even terrifying question: “Will I lose my teaching license?”

The short answer is: No

An arrest does not automatically mean you will lose your license.

However, it does mean that a serious process begins. The arrest of an educator triggers notification to the Texas Education Agency (TEA) and the State Board for Educator Certification (SBEC) and an investigation.

Understanding this process is the first step to navigating it. This post breaks down what happens, what the state considers, and what you need to know. Additionally, it explains how the SBEC investigation works, which offenses trigger mandatory revocation, and why you must consult an attorney before speaking to your administration.

1. After the Arrest: How the State Finds Out

Even if a teacher in Texas fails to report the arrest, the State WILL find out. The State discovers this information in two ways:

  • Criminal History Reports: The TEA receives data from the Department of Public Safety (DPS) and the FBI. These agencies regularly monitor the system, which holds every teacher’s fingerprints. An arrest triggers an immediate flag on your certificate.
  • Mandatory Reporting by Your District: Texas law imposes a legal—and criminal—duty on school administrators to report educator misconduct. The law mandates that principals report misconduct or new criminal history information to their superintendent. Texas Education Code §21.006 then compels the superintendent to report this information to the SBEC within a very short timeframe. Failure to report constitutes a state jail felony for the administrator, carrying a penalty of 6 months to 2 years in TDCJ and up to a $10,000 fine. https://codes.findlaw.com/tx/education-code/educ-sect-21-006/

The state designed this system to ensure information travels up the chain; administrators face severe consequences for concealing information. Assume the district will notify the SBEC.

2. The Investigation: Arrest vs. Conviction

Once the district notifies the TEA and SBEC, the agency opens an investigation. You must understand this critical distinction:

While the investigation remains active, the SBEC may place an “investigative warning” on your public teaching certificate, notifying potential employers of the ongoing review.

The SBEC can investigate and sanction a Texas teacher for the conduct underlying the arrest, even if a court never convicts you or prosecutors dismiss the charges.

The SBEC operates on a “preponderance of the evidence” standard, a much lower threshold than the “beyond a reasonable doubt” standard criminal courts require. This means the Board only needs to believe it is more likely than not that you committed the underlying act to issue a sanction.

3. What Can Happen Depends on the Crime

The potential outcome depends entirely on the nature of the offense. The Texas Administrative Code (TAC) lays out clear rules for different types of crimes.

Mandatory, Permanent Revocation

For a specific list of serious felony offenses, the SBEC must permanently revoke your license. There is no discretion. This applies to a conviction or a plea of deferred adjudication. This list includes:

An arrest for these crimes puts your license in immediate and severe jeopardy.

For all other offenses, the SBEC reviews the case to see if the crime is “directly related to the duties and responsibilities of the education profession.” This is a very broad category that includes:

  • Felony Offenses: Any felony is considered a “Priority 1” investigation. A felony conviction or deferred adjudication will, at minimum, likely result in a license suspension.
  • Misdemeanor Offenses: These are reviewed on a case-by-case basis.
  • Crimes of Moral Turpitude: This includes offenses involving theft, fraud, deceit, or dishonesty.
  • Drug or Alcohol Offenses: A DWI or public intoxication charge can absolutely impact your license. In fact, two or more crimes related to public intoxication, DWI, or disorderly conduct within a 12-month period are specifically listed as being “directly related” to the teaching profession.
  • https://www.law.cornell.edu/regulations/texas/19-Tex-Admin-Code-SS-249-16

4. Texas Teacher Arrest: The Range of Disciplinary Actions

Losing your license (revocation) is the “worst-case scenario.” The SBEC has a wide range of sanctions it can apply, from least to most severe:

  1. Non-Inscribed Reprimand: A formal, private censure that does not appear on your public certificate.
  2. Inscribed Reprimand: A formal, public censure – noted on your official certificate.
  3. Restrictions: The SBEC can place limitations on your certificate, such as restricting you from handling activity funds.
  4. Suspension: Your certificate is suspended for a set period of time. It can be fully suspended or probated, allowing you to teach under strict conditions.
  5. Revocation: Your certificate is canceled. This is for a set term (e.g., 5 years) or permanent.
  6. https://www.law.cornell.edu/regulations/texas/19-Tex-Admin-Code-SS-249-15

What You Should Do Right Now

  1. Do NOT Speak to Your Administration. Your first call should be to an attorney. You have a Fifth Amendment right to remain silent in your criminal case, but speaking to your principal could create statements that can be used against you in both the criminal case and the SBEC investigation.
  2. Hire a Criminal Defense Attorney Immediately. This is your priority. But do not only hire a criminal defense attorney.
  3. Hire (or ensure your attorney is) a Professional License Defense Attorney. This is crucial. Many excellent criminal lawyers do not understand the separate, parallel, and high-stakes process of an SBEC investigation. You need someone who knows how to fight both cases and understands how a decision in one (like accepting a plea) will permanently affect the other.
  4. Check Your Local District Policy. While state law focuses on administrators reporting, your local school district employment contract or policy handbook may have a clause requiring you to self-report an arrest or charge. Violating this clause could be a separate reason for termination, independent of the arrest itself. Share this handbook with your attorney.

Protect Your Career: Immediate Action Required

An educator arrested in Texas faces serious consequences, but there is hope! While an arrest does not automatically result in license revocation, it triggers a serious legal and administrative battle that you should not navigate alone.

For that reason, Paul Meyers at The Meyers Firm stands ready to act immediately to protect your career. As an experienced attorney who understands the parallel, high-stakes nature of criminal law and SBEC investigations, the firm fights your criminal charges while strategically defending your professional license against potential sanctions.

Call The Meyers Firm NOW at 936-766-5171; meyerspaulesq@gmail.com; https://www.meyerscriminallaw.com/contact-us/

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