Amid Concerns and Questions
TEA Debuts “Do Not Hire” Registry
The TEA’s HB3-mandated Registry of Persons Ineligible for Employment in Public Schools — also known as the Do Not Hire Registry — became “live” online on Jan. 6, prompting immediate questions from school districts and concerns from teacher groups.
On its first day, more than 600 users reportedly accessed the portal, which is currently restricted to be accessed only by TEA-authorized personnel from ISDs, charters, regional service centers, shared service arrangements and accredited private schools.
Districts are required to run their current employee list through the Registry, and can do so in batches of up to 2,500 names at a time.
- Background: The Registry reportedly lists noncertified individuals — and previously certified individuals whose certifications have been revoked — who are barred from working in public schools due to their previous history of sexual, romantic and/or abusive relationships with a student or minor, and for other reasons due to their criminal history.
The info also includes the person’s birth date, Social Security number and any other info the TEA deems appropriate.
If a noncertified person is under investigation for one of the specified offenses, then that person’s name is flagged with an Under Investigation label to reflect that the person’s eligibility for employment in public schools is undetermined at the time of the posting.
Previously certified educators whose certificates were revoked — who are on the list for specified misconduct reasons — do not qualify for Under Investigation status.
Due to the creation of the Registry, the requirements of administrators who are required to report certain instances of misconduct to SBEC was expanded to include noncertified employees, with failure to report subjecting the administrator to possible SBEC sanctions or criminal liability.
FAQ Webpage
The Texas Association of School Boards reported receiving numerous questions about the Registry in its first hours of operation, and re-emphasized its FAQ webpage about the Registry as a result.
And, the Texas State Teachers Association (TSTA) quickly issued an advisory to its members expressing concerns that some educators might wind up on the list erroneously due to school administrators fearing being penalized for failing to crack down on suspected misconduct.
Telephone Hotline
TSTA warned members that there’s only a short deadline (under this adopted TEA rule) to appeal one’s name being wrongfully placed on the list, and thus ending their careers.
TSTA established a telephone hotline for its members to immediately call if they are informed that their names are being placed on the list or if they are otherwise under investigation.
The TEA said a name-only searchable version of the Registry will be available to the public in April. This is similar to the public version of the SBEC’s educator virtual certificate database.
TEA legal staff said during a briefing on the Registry earlier this school year that the public can obtain additional information about an individual placed on the list by filing a public information request with the agency.
Rules Adopted
In addition to rules governing the Registry previously adopted by the education commissioner, SBEC’s board at its December meeting also adopted, pending final clearance by the State Board of Education on Jan. 31, its part of the Registry rules (see Agenda #6 on this page).
Also, the TEA has just adopted, effective Jan. 8, a rule allowing the commissioner to strip an ISD of its District of Innovation status for hiring (or not firing) an individual listed in the Registry.