SRC-AMY S.B. 1488 78(R) BILL ANALYSIS Senate Research CenterS.B. 1488 By: Ogden Education 6/25/2003 Enrolled DIGEST AND PURPOSE Currently, Texas law does not require a superintendent or director of a school district, openenrollment charter school, regional educational service center, or shared services arrangement, to notify the State Board for Educator Certification (SBEC) if an educator abuses or otherwise commits an unlawful act with a student or minor. This hampers SBEC's ability to prevent such an educator from relocating and gaining employment in another school district. S.B. 1488 requires a superintendent or director of a school district, open-enrollment charter school, regional educational service center, or shared services arrangement, to file a report with SBEC if a superintendent or director has reason to believe that an educator has engaged in certain incidents of misconduct. This bill also requires school districts to include information on this requirement in staff development programs. S.B. 1488 requires the Department of Protective and Regulatory Services (DPRS) to orally notify a school superintendent or school director if DPRS investigates a public primary or secondary school employee. RULEMAKING AUTHORITY This bill expressly grants rulemaking authority to State Board for Educator Certification in SECTION 2 (Section 21.006, Education Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 12.104(b), Education Code, to include the requirement under Section 21.006 to report an educator's misconduct in the list of items to which an openenrollment charter school is subject. Makes nonsubstantive changes. SECTION 2. Amends Subchapter A, Chapter 21, Education Code, by adding Section 21.006, as follows: Sec. 21.006. REQUIREMENT TO REPORT MISCONDUCT. (a) Defines "abuse." (b) Requires, in addition to the reporting requirement under Section 261.101 (Persons Required to Report; Time to Report), Family Code, the superintendent or director of a school district, regional educational service center, or shared services arrangement to notify the State Board for Educator Certification (SBEC) if the superintendent or director has cause to believe that: (1) an educator employed by, or seeking employment by, the district, service center, or shared services arrangement, has a criminal record; (2) an educator's employment at the district, service center, or shared services arrangement, was terminated based on certain incidents of misconduct; or (3) the educator resigned, and reasonable evidence supports a recommendation by the superintendent or director to terminate the educator based on a determination that the educator engaged in misconduct described by Subdivision (2). (c) Requires the superintendent or director to notify SBEC by filing a report, that meets certain criteria, not later than the seventh day after the date superintendent or director first learns about an alleged incident of misconduct described in Subsection (b). (d) Requires the superintendent or director to notify the board of trustees or governing body of the school district, regional educational service center, or shared services arrangement, of the filing of the report required by Subsection (c). (e) Exempts from civil or criminal liability that might otherwise be incurred, a superintendent or director who, acting in an official capacity and in good faith, files a report with SBEC under this section. (f) Requires SBEC to propose rules to implement this section. SECTION 3. Amends Section 261.105(d), Family Code, to require the Department of Protective and Regulatory Services (DPRS), if DPRS determines the abuse or neglect involves an employee of a public primary or secondary school, to orally notify the superintendent of the school district in which the employee is employed, about the investigation. SECTION 4. Provides that this Act applies beginning with the 2003-2004 school year. SECTION 5. Effective date: upon passage or September 1, 2003.