Texas Educator Sexual Misconduct Legislation Explained

Texas lawmakers should act decisively to protect students from educator sexual misconduct.

Texas Governor Greg Abbott has proposed a mandatory minimum prison sentence of 10 years for educators convicted of certain sex crimes involving students. His plan would also prevent offenders from receiving probation, deferred adjudication, parole, or mandatory supervision before serving at least 10 years and would require covered offenders to register as sex offenders.

These are significant reforms. They communicate an essential truth: sexual conduct between an educator and a student is an abuse of authority, power, and trust—not a “relationship.”

Closing a Dangerous Loophole

Under current Texas law, an improper relationship between an educator and a student is generally a second-degree felony punishable by two to 20 years in prison. However, a conviction does not necessarily result in incarceration. Depending on the facts of the case and the disposition imposed by the court, an offender may receive probation or deferred adjudication.

As KPRC 2 reported, recent Houston-area cases have produced dramatically different outcomes—including sentences involving probation rather than imprisonment.

Another serious gap remains in Texas law: a conviction solely for improper relationship between an educator and a student does not automatically trigger sex-offender registration.

Texas legislators have previously attempted to close that loophole. In 2025, House Bill 380 would have added the offense to the state’s list of reportable convictions and established a 10-year statute of limitations. The bill passed the Texas House but did not receive final approval in the Senate. Its official bill analysis described the proposal as necessary to close a gap in the law and hold educators accountable for exploiting their positions of authority.

Governor Abbott’s new proposal would address both gaps by requiring incarceration for covered offenses and making sex-offender registration mandatory.

Why is this important? A person convicted of exploiting a student should not be able to avoid meaningful confinement or escape a registration requirement simply because of the particular charge or sentence imposed.

The Numbers Demand Attention

According to figures cited by Governor Abbott and reported by KPRC 2, Texas received more than 1,600 allegations of inappropriate educator-student relationships during the previous year—nearly three times the number reported one year earlier. The Texas Education Agency (TEA) reportedly opened nearly 1,800 educator-misconduct investigations during the current fiscal year.

Allegations and investigations are not the same as findings of guilt. Nevertheless, the volume of reports demonstrates the need for a comprehensive response.

Stronger consequences are part of that response. But consequences begin only after misconduct has occurred—and, too often, after a student has already suffered life-altering harm.

“Making strong penalties to be a strong deterrent from predation upon children is very important,” NCSESAME President Terri Miller told KPRC 2. She also cautioned that a penalty-focused proposal is inherently reactionary.

“We want to make sure that the adults being placed in schools are deemed safe and fit to serve our children,” Miller said.

Accountability and Prevention Must Work Together

A 10-year mandatory minimum could strengthen accountability and deter some potential offenders. Mandatory registration could also give schools and communities critical information about people convicted of exploiting students.

But no sentence can undo the harm inflicted on a child.

Texas must pair tougher penalties with measures that reduce the likelihood that abuse happens in the first place. Those protections should include:

• Thorough employment history reviews before any school employee or contractor is hired

• Meaningful communication between current and former school employers

• Consistent written documentation and reporting of boundary violations and grooming behaviors

• Safeguards against “passing the trash,” in which an employee accused of misconduct quietly resigns and moves to another school

• Training that helps students and adults recognize and report grooming, boundary violations, and other warning signs

• Safe, accessible ways for students and staff to report concerns without fear of retaliation

• Prompt, transparent responses from schools and state agencies when concerns are raised

• Policies covering every adult with access to students, whether certified, uncertified, employed directly, or working under contract

Texas has taken steps in this direction. The Texas Education Agency recently launched an Educator Misconduct Dashboard and Student Protection Resource Center, giving the public greater access to information and prevention resources. Those tools are important, but dashboards and registries are most effective when schools consistently report misconduct and conduct careful employment reviews before placing an adult in contact with students.

A Strong Foundation—And an Opportunity to Do More

NCSESAME is ready, willing, and able to support Governor Abbott’s proposal. A mandatory sentence, restrictions on early release, and required sex-offender registration would send a clear message that Texas takes educator sexual misconduct seriously.

We also urge state leaders to build upon the proposal.

The strongest legislation will not force Texas to choose between punishment and prevention. It will provide both. It will hold offenders accountable, close gaps that allow serious misconduct to produce inadequate consequences, improve the screening of school employees, strengthen reporting systems, and stop known or suspected offenders from moving quietly from one school to another.

Every student has the right to learn in an environment free from grooming, exploitation, and sexual abuse. Every family deserves to know that schools are doing more than responding after harm occurs.

Strong penalties matter. Prevention matters, too. Texas now has an opportunity to advance both—and NCSESAME is prepared to help.