89R508 MEW-D

By: Shaheen H.B. No. 1025

A BILL TO BE ENTITLED

AN ACT

relating to the appointment of an inspector general for education, the creation of a division of inspector general for education in the State Board of Education to investigate public education, and the authority of the commissioner of education to conduct special investigations.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 7.102(c), Education Code, is amended by adding Subdivision (35) to read as follows:

(35) The board shall appoint an inspector general for education in accordance with Subchapter E.

SECTION 2. Chapter 7, Education Code, is amended by adding Subchapter E to read as follows:

SUBCHAPTER E. INSPECTOR GENERAL FOR EDUCATION

Sec. 7.151. DEFINITIONS. In this subchapter:

(1) "Abuse" has the meaning assigned by Section 261.001, Family Code.

(2) "Division" means the division of inspector general for education established under this subchapter.

(3) "Fraud" means an intentional deception or misrepresentation made by a person with the knowledge that the deception or misrepresentation could result in some unauthorized benefit to that person or some other person. The term includes any act that constitutes fraud under applicable federal or state law.

(4) "Local education agency" includes a school district or county system described by Subchapter G, Chapter 11.

Sec. 7.152. DIVISION OF INSPECTOR GENERAL FOR EDUCATION. (a) The division of inspector general for education is established as a division within the board.

(b) The board shall, by majority vote, appoint an inspector general to serve as director of the division. The inspector general serves until removed by the board.

(c) From money appropriated for that purpose, the inspector general may employ staff and pay for administrative resources, support services, and operating expenses as necessary to ensure investigations and reviews authorized by this subchapter are conducted expeditiously.

Sec. 7.153. GENERAL RESPONSIBILITIES. (a) The division is responsible for:

(1) the investigation, prevention, and detection of wrongdoing and fraud, waste, and abuse in public education by school districts, open-enrollment charter schools, regional education service centers, and other local education agencies in this state; and

(2) the investigation of violations of state or federal law by school districts, open-enrollment charter schools, regional education service centers, and other local education agencies in this state, including violations by employees, representatives, and contractors of those entities, of:

(A) parental rights under Chapter 26 or other state law;

(B) school safety and security requirements under Sections 37.108, 37.1081, and 37.109; or

(C) any other provision of this code.

(b) The division may investigate:

(1) allegations of fraud, waste, and abuse;

(2) alleged violations of:

(A) the requirement to report educator misconduct under Section 21.006;

(B) the required transfer of a student in accordance with Section 25.0342;

(C) parental rights under Chapter 26 of this code or Chapter 151, Family Code;

(D) requirements and prohibitions under Section 28.0022;

(E) discipline and law and order under Chapter 37, including school safety and security requirements under Sections 37.108, 37.1081, and 37.109;

(F) any other provision of this code;

(G) the reporting requirement under Section 261.101, Family Code;

(H) the code of ethics and standard practices for educators adopted by State Board for Educator Certification rule;

(I) a student's right of due process in administrative investigations; or

(J) the free speech clause of the First Amendment to the United States Constitution or Section 8, Article I, Texas Constitution;

(3) alleged incidents of misconduct that may constitute an offense under Section 15.032, 20A.02(a)(7) or (8), 25.04, 43.23, or 43.24, Penal Code;

(4) complaints submitted to the division with respect to alleged violations of civil rights or other requirements imposed on the state by federal law or court order;

(5) a determination of extraordinary numbers of student placements in disciplinary alternative education programs, other than placements under Sections 37.006 and 37.007;

(6) decisions concerning discretionary student placements in disciplinary alternative education programs; and

(7) allegations involving a conflict between the board of trustees of a school district and the district administration if it appears that the conflict involves a violation of a role or duty of the board members or the administration clearly defined by this code.

(c) The division shall, as necessary:

(1) conduct civil and administrative investigations, refer criminal investigations to the appropriate local law enforcement agency, and initiate reviews of a school district, an open-enrollment charter school, a regional education service center, or another local education agency as considered appropriate by the inspector general;

(2) conduct, in coordination with the comptroller, audits of the use of money by a school district, an open-enrollment charter school, a regional education service center, or another local education agency, including money used for school security, school-based health, student mental health, capital expenditures, the school health and related services program, and legal representation;

(3) receive complaints from any source and investigate those complaints on the division's own initiative;

(4) conduct investigations authorized by this section;

(5) review public school safety and security audits conducted under Section 37.108;

(6) investigate reports of educator or employee misconduct under Section 21.006 or 22.093;

(7) make findings of fact that a school district, an open-enrollment charter school, a regional education service center, or another local education agency or an employee or agent of one of those entities committed an act of wrongdoing, fraud, waste, or abuse in public education or a violation or act of misconduct described by Subsection (b) and take appropriate action as determined by the inspector general in consultation with the board and any appropriate law enforcement agencies, regardless of any time requirement relating to the action under Chapter 8, 12, or 39A; and

(8) notwithstanding Subdivision (7), on a finding of a violation described by Subsection (b), including a requirement relating to a school district's or open-enrollment charter school's multihazard emergency operations plan, by an entity described by that subdivision, prescribe binding corrective or disciplinary action, including timelines for those actions, to be taken.

(d) The division shall perform all other duties and exercise all other powers granted to the division by this subchapter or other law.

Sec. 7.154. GENERAL POWERS. (a) The division has all the powers necessary or appropriate to carry out its responsibilities and functions under this subchapter and other law.

(b) Subject to Subsection (c), in conducting an investigation under this subchapter of the board of trustees of a school district, the governing body of an open-enrollment charter school, the board of directors of a regional education service center or another local education agency, or the executive leadership of any of those entities, the division may:

(1) attend any meeting or proceeding of the school district, open-enrollment charter school, regional education service center, or other local education agency, including a meeting or proceeding that is closed to the public, except for a private consultation of the entity with its attorney permitted under Section 551.071, Government Code; and

(2) inspect the records, documents, and files of the school district, open-enrollment charter school, regional education service center, or other local education agency, including any record, document, or file that is not subject to public disclosure under Chapter 552, Government Code, or other law.

(c) The division's authority under Subsection (b) applies only to a meeting, a proceeding, or information that is relevant to the discovery of relevant information regarding an allegation of wrongdoing or a violation described by Section 7.153 or of fraud, waste, or abuse in public education by a person or entity described by Subsection (b). Except as provided by Subsection (e), the division may not inspect a record, document, or file that is a privileged communication between an individual and the individual's attorney.

(d) The inspection or disclosure of a record, document, or file for purposes of an investigation under this subchapter is not a voluntary disclosure under Section 552.007, Government Code. A record, document, or file made available to the division for purposes of an investigation under this subchapter is not subject to public disclosure by the division.

(e) The division may, for purposes of conducting an investigation under this subchapter, access:

(1) any information under the agency's control, including information contained in the Public Education Information Management System (PEIMS) and information relating to school disciplinary records, educator misconduct reports, and school safety requirements; and

(2) any information under the control of an entity described by Subsection (b), including, to the extent permitted by law, communications with an attorney paid for using public money.

Sec. 7.155. SUBPOENAS. (a) The inspector general may issue a subpoena to compel the attendance of a relevant witness at a hearing or deposition under this subchapter or to compel the production, for inspection or copying, of books, papers, records, documents, or other relevant materials, including electronic data, in connection with an investigation, review, hearing, or deposition conducted under this subchapter.

(b) A subpoena may be served personally or by certified mail. If a person fails to comply with a subpoena, the inspector general, acting through the attorney general, may file suit to enforce the subpoena in a district court in this state.

(c) On finding that good cause exists for issuing the subpoena, the court shall order the person to comply with the subpoena. The court may hold in contempt a person who fails to obey the court order.

Sec. 7.156. COOPERATION WITH OTHER ENTITIES. The division may refer matters for further civil, criminal, and administrative action to appropriate agencies, including the attorney general.

Sec. 7.157. ANNUAL REPORT. (a) The inspector general shall prepare and submit annually to the commissioner, the board, and the presiding officer of each legislative standing committee with primary jurisdiction over primary and secondary education a report on the division's findings and recommendations related to all investigations conducted by the division during the preceding year.

(b) If the inspector general conducted any audits under Section 7.153(c)(2) during the year for which a report under Subsection (a) is prepared, the inspector general shall include in the report any amounts paid by a local education agency to an attorney for legal representation.

(c) The division shall make the report publicly available on the division's Internet website.

SECTION 3. Section 37.009, Education Code, is amended by amending Subsection (a) and adding Subsection (a-3) to read as follows:

(a) Not later than the third class day after the day on which a student is removed from class by the teacher under Section 37.002(b) or (d) or by the school principal or other appropriate administrator under Section 37.001(a)(2) or 37.006, the campus behavior coordinator or other appropriate administrator shall schedule a conference among the campus behavior coordinator or other appropriate administrator, a parent or guardian of the student, the teacher removing the student from class, if any, and the student. At the conference, the student is entitled to written or oral notice of the reasons for the removal, an explanation of the basis for the removal, and an opportunity to respond to the reasons for the removal. The student may not be returned to the regular classroom pending the conference. Following the conference, and whether or not each requested person is in attendance after valid attempts to require the person's attendance, the campus behavior coordinator, after consideration of the factors under Section 37.001(a)(4), shall order the placement of the student for a period consistent with the student code of conduct. Before ordering the suspension, expulsion, removal to a disciplinary alternative education program, or placement in a juvenile justice alternative education program of a student, the behavior coordinator must consider whether the student acted in self-defense, the intent or lack of intent at the time the student engaged in the conduct, the student's disciplinary history, and whether the student has a disability that substantially impairs the student's capacity to appreciate the wrongfulness of the student's conduct, regardless of whether the decision of the behavior coordinator concerns a mandatory or discretionary action. Subject to Subsection (a-3), if [If] school district policy allows a student to appeal to the board of trustees or the board's designee a decision of the campus behavior coordinator or other appropriate administrator, other than an expulsion under Section 37.007, the decision of the board or the board's designee is final and may not be appealed. If the period of the placement is inconsistent with the guidelines included in the student code of conduct under Section 37.001(a)(5), the order must give notice of the inconsistency. The period of the placement may not exceed one year unless, after a review, the district determines that the student is a threat to the safety of other students or to district employees.

(a-3) If the decision of the campus behavior coordinator or other appropriate administrator to place a student in a disciplinary alternative education program concerns a discretionary action, the parent or guardian of the student may appeal the decision to the division of inspector general established under Subchapter E, Chapter 7.

SECTION 4. The heading to Section 37.1085, Education Code, is amended to read as follows:

Sec. 37.1085. INTERVENTIONS [ASSIGNMENT OF CONSERVATOR] FOR NONCOMPLIANCE WITH SCHOOL SAFETY AND SECURITY REQUIREMENTS.

SECTION 5. Section 37.1085, Education Code, is amended by amending Subsection (c) and adding Subsection (d) to read as follows:

(c) Subsections (a) and (b) do [This section does] not apply to a school district's failure to comply with Section 37.0814 or a good cause exception claimed under that section.

(d) If the division of inspector general for education established under Subchapter E, Chapter 7, makes a finding of fact under Section 7.153(c)(7) that a school district, an open-enrollment charter school, a regional education service center, or another local education agency committed a violation of a school safety and security requirement, the commissioner may take control of the management, or any part of the management, of the entity that committed the violation.

SECTION 6. Section 39.003, Education Code, is amended by amending Subsection (a) and adding Subsection (c-1) to read as follows:

(a) The commissioner may authorize special investigations to be conducted:

(1) when excessive numbers of absences of students eligible to be tested on state assessment instruments are determined;

(2) when excessive numbers of allowable exemptions from the required state assessment instruments are determined;

(3) [in response to complaints submitted to the agency with respect to alleged violations of civil rights or other requirements imposed on the state by federal law or court order;

[(4)] in response to established compliance reviews of the district's financial accounting practices and state and federal program requirements;

[(5) when extraordinary numbers of student placements in disciplinary alternative education programs, other than placements under Sections 37.006 and 37.007, are determined;

[(6) in response to an allegation involving a conflict between members of the board of trustees or between the board and the district administration if it appears that the conflict involves a violation of a role or duty of the board members or the administration clearly defined by this code;]

(4) [(7)] when excessive numbers of students in special education programs under Subchapter A, Chapter 29, are assessed through assessment instruments developed or adopted under Section 39.023(b);

(5) [(8)] in response to an allegation regarding or an analysis using a statistical method result indicating a possible violation of an assessment instrument security procedure established under Section 39.0301, including for the purpose of investigating or auditing a school district under that section;

(6) [(9)] when a significant pattern of decreased academic performance has developed as a result of the promotion in the preceding two school years of students who did not perform satisfactorily as determined by the commissioner under Section 39.0241(a) on assessment instruments administered under Section 39.023(a), (c), or (l);

(7) [(10)] when excessive numbers of students eligible to enroll fail to complete an Algebra II course or any other advanced course as determined by the commissioner;

(8) [(11)] when resource allocation practices as evaluated under Section 39.0821 indicate a potential for significant improvement in resource allocation;

(9) [(12)] when a disproportionate number of students of a particular demographic group is graduating with a particular endorsement under Section 28.025(c-1);

(10) [(13)] when an excessive number of students is graduating with a particular endorsement under Section 28.025(c-1);

(11) [(14)] in response to a complaint submitted to the agency with respect to alleged inaccurate data that is reported through the Public Education Information Management System (PEIMS) or through other reports required by state or federal law or rule or court order and that is used by the agency to make a determination relating to public school accountability, including accreditation, under this chapter; or

(12) [(15)] when 10 percent or more of the students graduating in a particular school year from a particular high school campus are awarded a diploma based on the determination of an individual graduation committee under Section 28.0258[;

[(16) when a school district for any reason fails to produce, at the request of the agency, evidence or an investigation report relating to an educator who is under investigation by the State Board for Educator Certification; or

[(17) as the commissioner otherwise determines necessary].

(c-1) If the commissioner does not authorize a special investigation under Subsection (a)(5) through (12) in response to a complaint submitted to the agency within 90 days of receiving that complaint, the complainant may report the matter to the division of inspector general established under Subchapter E, Chapter 7, for investigation.

SECTION 7. Section 39.0302(a), Education Code, is amended to read as follows:

(a) During an agency investigation or audit of a school district under Section 39.0301(e) or (f), a special investigation under Section 39.003(a)(5) [39.003(a)(8)] or (11) [(14)], a compliance review under Section 21.006(k), 22.093(l), or 22.096, or an investigation by the State Board for Educator Certification of an educator for an alleged violation of an assessment instrument security procedure established under Section 39.0301(a), the commissioner may issue a subpoena to compel the attendance of a relevant witness or the production, for inspection or copying, of relevant evidence that is located in this state.

SECTION 8. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2025.