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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the office of inspector general at the |
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Texas Education Agency to investigate complaints by parents of |
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children enrolled in public school. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle E, Title 2, Education Code, is amended |
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by adding Chapter 26A to read as follows: |
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CHAPTER 26A. OFFICE OF INSPECTOR GENERAL |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 26A.001. DEFINITION. In this chapter, "office" means |
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the office of inspector general established under this chapter. |
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Sec. 26A.002. OFFICE OF INSPECTOR GENERAL. (a) The office |
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of inspector general is established as a division within the |
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agency. |
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(b) The governor shall appoint an inspector general to serve |
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as director of the office. The inspector general serves until |
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removed by the governor. |
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(c) The agency shall provide staff and administrative |
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resources and support services as necessary to ensure |
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investigations authorized by this chapter are conducted |
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expeditiously. |
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SUBCHAPTER B. POWERS AND DUTIES |
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Sec. 26A.051. GENERAL RESPONSIBILITIES. (a) The office is |
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responsible for the investigation of complaints received from |
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parents of children enrolled in public school regarding issues |
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involving the agency, the State Board of Education, or a school |
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district or open-enrollment charter school. |
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(b) The office may: |
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(1) receive and investigate complaints from parents of |
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children enrolled in public school regarding unethical conduct or a |
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violation of state or federal law relating to public education or |
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agency procedure or policy by: |
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(A) the agency, the State Board of Education, or |
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a school district or open-enrollment charter school; or |
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(B) an employee of the agency, the State Board of |
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Education, or a school district or open-enrollment charter school; |
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(2) conduct special investigations authorized by the |
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commissioner under Section 39.003(a); and |
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(3) make findings of fact that the agency, the State |
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Board of Education, a school district, or an open-enrollment |
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charter school or an employee of the entity engaged in unethical |
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conduct or a violation of state or federal law and take appropriate |
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action as determined by the commissioner, regardless of any time |
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requirement relating to the action under Chapter 12 or 39A. |
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(c) The office shall perform all other duties and exercise |
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all other powers granted to the office by this chapter or other law. |
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Sec. 26A.052. GENERAL POWERS. (a) The office has all the |
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powers necessary or appropriate to carry out its responsibilities |
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and functions under this chapter and other law. |
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(b) Subject to Subsection (c), in conducting an |
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investigation under this chapter of the board of trustees of a |
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school district or the governing body of an open-enrollment charter |
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school, the office may: |
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(1) attend any meeting or proceeding of the district |
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or school, including a meeting or proceeding that is closed to the |
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public, except for a private consultation of the entity with its |
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attorney permitted under Section 551.071, Government Code; and |
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(2) inspect the records, documents, and files of the |
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district or school, including any record, document, or file that is |
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not subject to public disclosure under Chapter 552, Government |
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Code, or other law. |
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(c) The office's authority under Subsection (b) applies |
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only to a meeting, a proceeding, or information that is relevant to |
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the discovery of relevant information regarding an allegation of |
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unethical conduct or a violation of state or federal law. The |
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office may not inspect a record, document, or file that is a |
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privileged communication between an individual and the |
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individual's attorney. |
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(d) The inspection or disclosure of a record, document, or |
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file for purposes of an investigation under this chapter is not a |
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voluntary disclosure under Section 552.007, Government Code. A |
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record, document, or file made available to the office for purposes |
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of an investigation under this chapter is not subject to public |
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disclosure by the office. |
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Sec. 26A.053. INVESTIGATION OF UNREPORTED VIOLATIONS. If, |
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during the investigation of a complaint, the inspector general |
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discovers unreported unethical conduct or violations described by |
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Section 26A.051(b)(1), the inspector general shall open a new |
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investigation for each unreported occurrence of unethical conduct |
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or violation. |
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Sec. 26A.054. SUBPOENAS. (a) The inspector general may |
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issue a subpoena to compel the attendance of a relevant witness at a |
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hearing or deposition under this chapter or to compel the |
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production, for inspection or copying, of books, papers, records, |
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documents, or other relevant materials, including electronic data, |
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in connection with an investigation, review, hearing, or deposition |
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conducted under this chapter. |
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(b) A subpoena may be served personally or by certified |
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mail. If a person fails to comply with a subpoena, the inspector |
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general, acting through the attorney general, may file suit to |
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enforce the subpoena in a district court in this state. |
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(c) On finding that good cause exists for issuing the |
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subpoena, the court shall order the person to comply with the |
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subpoena. The court may hold in contempt a person who fails to obey |
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the court order. |
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Sec. 26A.055. COOPERATION WITH OTHER ENTITIES. The office |
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may refer matters for further civil and administrative action to |
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appropriate administrative agencies, including the attorney |
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general. |
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Sec. 26A.056. CONFIDENTIALITY. (a) Information received |
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by the office regarding a complaint is confidential and not subject |
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to disclosure under Chapter 552, Government Code. The office shall |
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maintain the information in a manner that preserves the |
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information's confidentiality. |
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(b) The disclosure of confidential information to the |
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office under this chapter does not constitute a waiver of |
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confidentiality. Any information disclosed to the office under this |
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chapter remains confidential and privileged following disclosure. |
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(c) This section does not prohibit the office from |
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communicating with the agency, the State Board of Education, or a |
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school district or open-enrollment charter school regarding |
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confidential information disclosed to the office by the agency, |
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board, district, or school. |
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Sec. 26A.057. RETALIATION PROHIBITED. (a) The agency, a |
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school district, or an open-enrollment charter school may not |
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retaliate against: |
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(1) a parent of a child enrolled in a school district |
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or open-enrollment charter school who in good faith makes a |
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complaint to the office; |
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(2) a child enrolled in a school district or |
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open-enrollment charter school whose parent in good faith makes a |
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complaint to the office; or |
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(3) any person, including an employee of the agency, |
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State Board of Education, district, or school, who in good faith |
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cooperates with the office in an investigation. |
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(b) The office shall collaborate with the agency to |
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establish consequences for a retaliatory action taken in violation |
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of this section. |
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Sec. 26A.058. ACCESS TO INFORMATION. The agency shall |
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provide the office access to the agency's records relating to a |
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complaint filed with the office under this chapter. |
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Sec. 26A.059. REPORTS. (a) The inspector general shall |
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issue and file with the agency a report that contains the inspector |
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general's final determinations regarding a complaint and any |
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recommended corrective actions to be taken as a result of the |
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complaint. |
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(b) Notwithstanding Section 26A.056, the inspector general |
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may make a report relating to an investigation of a complaint public |
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after the complaint is resolved. A report made public under this |
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subsection may not include information that identifies any person |
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involved in the complaint, including the complainant, a child, a |
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child's parent, or an employee of the agency, the State Board of |
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Education, a school district, or an open-enrollment charter school. |
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(c) Not later than December 1 of each year, the inspector |
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general shall prepare and submit to the agency and the State Board |
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of Education a report on the inspector general's work during the |
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preceding year. The report must include: |
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(1) a description of the inspector general's work; |
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(2) any change made by the agency in response to a |
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substantiated complaint; |
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(3) a description of any trends in the nature of |
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complaints received by the inspector general, any recommendations |
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related to addressing those trends, and an evaluation of the |
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feasibility of the inspector general's recommendations; |
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(4) a glossary of terms used in the report; and |
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(5) any public feedback received by the inspector |
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general relating to the inspector general's previous reports under |
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this subsection. |
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(d) On receipt of the report required under Subsection (c), |
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the agency shall make the report publicly available on the agency's |
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Internet website. |
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SECTION 2. Section 39.003(a), Education Code, is amended to |
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read as follows: |
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(a) The commissioner may authorize special investigations |
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to be conducted: |
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(1) when excessive numbers of absences of students |
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eligible to be tested on state assessment instruments are |
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determined; |
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(2) when excessive numbers of allowable exemptions |
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from the required state assessment instruments are determined; |
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(3) in response to complaints submitted to the agency |
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with respect to alleged violations of civil rights or other |
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requirements imposed on the state by federal law or court order; |
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(4) in response to established compliance reviews of |
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the district's financial accounting practices and state and federal |
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program requirements; |
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(5) when extraordinary numbers of student placements |
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in disciplinary alternative education programs, other than |
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placements under Sections 37.006 and 37.007, are determined; |
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(6) in response to an allegation involving a conflict |
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between members of the board of trustees or between the board and |
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the district administration if it appears that the conflict |
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involves a violation of a role or duty of the board members or the |
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administration clearly defined by this code; |
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(7) when excessive numbers of students in special |
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education programs under Subchapter A, Chapter 29, are assessed |
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through assessment instruments developed or adopted under Section |
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39.023(b); |
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(8) in response to an allegation regarding or an |
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analysis using a statistical method result indicating a possible |
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violation of an assessment instrument security procedure |
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established under Section 39.0301, including for the purpose of |
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investigating or auditing a school district under that section; |
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(9) when a significant pattern of decreased academic |
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performance has developed as a result of the promotion in the |
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preceding two school years of students who did not perform |
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satisfactorily as determined by the commissioner under Section |
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39.0241(a) on assessment instruments administered under Section |
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39.023(a), (c), or (l); |
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(10) when excessive numbers of students eligible to |
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enroll fail to complete an Algebra II course or any other advanced |
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course as determined by the commissioner; |
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(11) when resource allocation practices as evaluated |
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under Section 39.0821 indicate a potential for significant |
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improvement in resource allocation; |
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(12) when a disproportionate number of students of a |
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particular demographic group is graduating with a particular |
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endorsement under Section 28.025(c-1); |
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(13) when an excessive number of students is |
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graduating with a particular endorsement under Section |
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28.025(c-1); |
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(14) in response to a complaint submitted to the |
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agency with respect to alleged inaccurate data that is reported |
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through the Public Education Information Management System (PEIMS) |
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or through other reports required by state or federal law or rule or |
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court order and that is used by the agency to make a determination |
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relating to public school accountability, including accreditation, |
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under this chapter; |
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(15) when 10 percent or more of the students |
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graduating in a particular school year from a particular high |
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school campus are awarded a diploma based on the determination of an |
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individual graduation committee under Section 28.0258; |
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(16) when a school district for any reason fails to |
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produce, at the request of the agency, evidence or an investigation |
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report relating to an educator who is under investigation by the |
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State Board for Educator Certification; [or] |
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(17) by the office of inspector general for the |
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purpose of investigating complaints by parents of children enrolled |
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in public school; or |
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(18) as the commissioner otherwise determines |
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necessary. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, the governor shall appoint an inspector general under |
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Chapter 26A, Education Code, as added by this Act. |
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SECTION 4. This Act takes effect September 1, 2025. |