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.