By Lewis of Orange H.B. No. 2431
76R6875 ESH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to investigations of allegations concerning physical abuse
1-3 of or sexual misconduct toward a student by a district employee.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 22, Education Code, is
1-6 amended by adding Section 22.006 to read as follows:
1-7 Sec. 22.006. INVESTIGATIONS OF ALLEGATIONS OF ABUSE OR
1-8 SEXUAL MISCONDUCT BY EMPLOYEE. (a) A school district employee
1-9 against whom an allegation is made of physical abuse of or sexual
1-10 misconduct towards a student is entitled to legal counsel or other
1-11 representation in connection with the district's investigation of
1-12 the allegation, including the right to representation during any
1-13 meeting at which the employee is questioned in connection with the
1-14 investigation.
1-15 (b) As soon as practicable after a school district receives
1-16 an allegation of a district employee's physical abuse of or sexual
1-17 misconduct toward a student, the district shall:
1-18 (1) schedule a conference with the employee at which
1-19 the employee is entitled to:
1-20 (A) written or oral notice of the allegation and
1-21 the possible investigation of the allegation and the employee; and
1-22 (B) an opportunity to respond to the allegation;
1-23 and
1-24 (2) notify the employee of the employee's right under
2-1 Subsection (a) to legal counsel or other representation.
2-2 (c) A school district that receives an allegation of a
2-3 district employee's physical abuse of or sexual misconduct toward a
2-4 student shall promptly conduct a thorough investigation of the
2-5 allegation independently of any investigation by any other
2-6 authority. A district is not required to promptly conduct the
2-7 investigation if the employee waives the employee's right to a
2-8 prompt investigation. On conclusion of the investigation, the
2-9 district shall promptly inform the employee of the district's
2-10 findings and recommended action.
2-11 (d) A school district shall maintain confidentiality
2-12 regarding the employee's identification, the alleged facts and
2-13 circumstances surrounding the allegation, and information regarding
2-14 the investigation unless the district is otherwise required by law
2-15 to release information regarding the investigation.
2-16 SECTION 2. This Act takes effect September 1, 1999.
2-17 SECTION 3. The importance of this legislation and the
2-18 crowded condition of the calendars in both houses create an
2-19 emergency and an imperative public necessity that the
2-20 constitutional rule requiring bills to be read on three several
2-21 days in each house be suspended, and this rule is hereby suspended.