SRC-AMY C.S.S.B. 1488 78(R)    BILL ANALYSIS


Senate Research CenterC.S.S.B. 1488
78R11085 SLO-FBy: Ogden
Education
4-5-2003
Committee Report (Substituted)

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.  C.S.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.  C.S.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 does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 21A, 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, open-enrollment charter
school, 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,
school, service center, or shared services arrangement, has a criminal
record; 

(2) an educator's employment at the district, school, 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, open-enrollment charter
school, 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 2.  Amends Section 21.451(a), Education Code, to include in the
list of required content of staff development training  provided by a
school district, the requirement under Section 21.006 (Report of
Termination or Resignation Based on Suspected Abuse) that a superintendent
who has cause to believe that an educator has engaged in an alleged
incident of misconduct as described by Section 21.006(b) report the
alleged misconduct to SBEC.  

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 or director of the school 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.

SUMMARY OF COMMITTEE CHANGES

Differs from the original in the relating clause by relating the bill to
the misconduct of a person who is employed by, or seeking employment by,
certain educational organizations, rather than to the abuse of a child by
such an employee. 

Differs from the original in SECTION 1 by changing the section title to
Requirement to Report Misconduct, from Report of Termination or
Resignation Based on Suspected Abuse; by redefining "abuse"; and by
requiring a superintendent or director to report to the State Board for
Education Certification (SBEC),  under certain circumstances rather than
terminating, or accepting a resignation from an educator under certain
circumstances, including any history related to abuse of a student or
minor. 

Differs from the original in SECTION 1 by requiring that the
superintendent or director file a report with the SBEC not later than the
seventh day after the date the superintendent or director first learns
about an alleged incident of misconduct, rather than after the termination
or resignation of an educator, and by conforming the bill to legislative
drafting standards. 

Differs from the original in SECTION 1 by replacing language referring to
termination with language referring to filing a report; by requiring SBEC
to propose, rather than adopt, rules; and by conforming the bill to
legislative drafting standards.