HBA-LCA H.B. 2431 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2431 By: Lewis, Ron Public Education 4/20/1999 Introduced BACKGROUND AND PURPOSE H.B. 2431 affords basic rights to school district employees accused of physical abuse or sexual misconduct towards a student. This bill specifies that an employee is entitled to legal counsel in connection with a school district's investigation into such allegations, including the right of representation during any meeting at which the employee is questioned in connection with the investigation. This bill also sets out procedures for an investigation. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter A, Chapter 22, Education Code, by adding Section 22.006, as follows: Sec. 22.006. INVESTIGATIONS OF ALLEGATIONS OF ABUSE OR SEXUAL MISCONDUCT BY EMPLOYEE. (a) Provides that a school district (district) employee against whom an allegation is made of physical abuse or sexual misconduct toward a student is entitled to legal counsel or other representation in connection with a district's investigation of the allegation. (b) Requires the district, upon receiving an allegation, to hold a meeting with the employee at which the employee is entitled to receive notice of the allegation, a possible investigation, and an opportunity to respond to the allegation. Requires the district to notify the employee of the employee's right to counsel or other representation. (c) Requires the district to conduct an investigation of the allegation independent of an investigation held by any other authority. Provides that an employee may waive the right to a prompt investigation. Requires the district to promptly inform the employee of its findings and recommended action. (d) Requires the district to maintain confidentiality regarding the employee's identification, the allegation, and investigation, unless otherwise required by law. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.