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.