AUSTIN, TX / ACCESS Newswire / September 18, 2026 / Receiving a complaint letter from the Texas Education Agency (TEA) puts a teacher on written notice that their certification and career may be at risk. Even when an educator believes the allegation is unfounded or based on a misunderstanding, an investigation can affect employment, professional reputation, and a teaching career.

Texas teacher license defense lawyer Tony R. Bertolino of Bertolino LLP is urging educators who receive a complaint notice to resist the temptation to respond impulsively. Instead, teachers should carefully review the allegations, understand the laws or rules involved, and consider obtaining legal guidance before communicating with an investigator.

Tony R. Bertolino Advises Teacher Against Acting Emotionally

Texas teacher defense attorney Tony Bertolino urges teachers to take a measured approach if they receive notice of a complaint.

Here's what Mr. Bertolino has to say:

"I see the same scenario played out over and over again in my line of work. The moment an accused teacher receives a complaint notice in the mail, they become filled with emotion and disbelief at being accused of misconduct. This creates an immediate urgency to call the investigator directly or send a long-winded email message in an attempt to explain away the matter and clear things up.

The investigator's primary responsibility is to gather the facts, statements, and documented evidence relevant to their investigation, so they love receiving long, detailed messages from the teacher. In my experience, however, this kind of ‘knee-jerk' response is extremely dangerous and almost always has a damaging impact on the case.

Instead, when teachers receive a complaint notice, they should calmly examine the notice, the allegations, the cited laws and then intelligently prepare a written response with the help of an experienced attorney."

Why Teachers Should Think Before Responding

It is natural for an educator who has devoted years to teaching to want to immediately defend themselves when confronted with an allegation. A teacher may believe that explaining the situation in detail will resolve the issue quickly. While that instinct can be understandable, it may not be the best legal strategy. An educator who responds to an investigator without fully understanding the allegations may provide information that is incomplete, inconsistent, unnecessary, or capable of being interpreted differently than intended.

The issue is how a teacher's explanation should be presented in the context of the specific allegations, applicable laws and rules, available evidence, and potential consequences. For that reason, teachers may benefit from having an attorney review the complaint notice before they provide a substantive response.

Carefully Review the Complaint Notice

The first step after receiving a complaint notice is to slow down and read the document carefully. Teachers should identify exactly what conduct is alleged, when the alleged conduct supposedly occurred, what laws or rules are cited, and what response or action is requested. They should also pay close attention to any deadlines. The allegations may not accurately reflect what happened. They may omit important context or characterize events differently than the educator would. Regardless, responding effectively requires understanding precisely what the investigator is examining.

An attorney experienced in professional license defense can help a teacher analyze the allegations and identify potential legal and factual issues before a response is prepared.

Preserve Relevant Documents and Evidence

Teachers facing an investigation should also take care to preserve potentially relevant information. Depending on the circumstances, this could include emails, text messages, classroom records, school communications, lesson materials, disciplinary records, policies, evaluations, calendars, photographs, or other documents relating to the allegations.

Educators should not alter, delete, or destroy potentially relevant information. Instead, they should preserve records and provide them to their attorney for review. In the end, an attorney can help determine which evidence may be important to the defense and how it should be presented in response to the allegations.

Understand That an Investigation Is a Legal Process

During a TEA investigation, investigators may review documents and communications, interview witnesses and other individuals, and coordinate with agencies such as law enforcement or the Texas Department of Family and Protective Services when appropriate.

If disciplinary action is pursued, a matter may proceed beyond the investigative stage. TEA attorneys may review the evidence, and a case may be filed with the State Office of Administrative Hearings (SOAH). An administrative law judge may conduct a hearing and issue a Proposal for Decision before the appropriate state authority makes a final decision. Not every investigation reaches that stage. Still, understanding the potential progression of a case reinforces why an educator should treat an initial complaint notice seriously.

Legal Guidance Can Help Teachers Respond Strategically

The objective of a teacher's response should be to address the allegations thoughtfully and accurately while protecting the educator's professional interests. An experienced attorney can review the complaint, analyze the applicable Texas laws and State Board for Educator Certification (SBEC) rules, identify potential defenses, gather and evaluate relevant evidence, and help prepare an appropriate response.

For teachers facing allegations that could jeopardize their certification or careers, Bertolino LLP's teacher license defense attorneys represent educators dealing with professional licensing matters. Teachers can learn more about Tony R. Bertolino and his experience representing professionals facing licensing issues.

Teachers Do Not Have To Face an Investigation Alone

A certification investigation can be stressful, particularly when a teacher believes the allegations are unfair, inaccurate, or taken out of context. The instinct to immediately explain what happened may be powerful, but an impulsive response can create unnecessary complications.

As Bertolino emphasizes, teachers should take a breath, carefully examine the complaint notice, and understand the allegations before deciding how to respond. Teachers facing a TEA complaint or certification investigation can contact Bertolino LLP to discuss their circumstances and learn more about their legal options.

Original Source

Contact Information

Bertolino LLP
Phone: (512) 710-1252

SOURCE: Bertolino LLP