By:  Ogden                                                        S.B. No. 1488


A BILL TO BE ENTITLED

AN ACT

relating to the abuse of a child by an employee of a school 
district, open-enrollment charter school, regional education 
service center, or shared services arrangement
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 21, Education Code, is 
amended by adding Section 21.006 to read as follows:
	Sec. 21.006.  REPORT OF TERMINATION OR RESIGNATION BASED ON 
SUSPECTED ABUSE.  (a)  In this section, "abuse" has the meaning 
assigned by Section 261.001, Family Code.
	(b)  In addition to the reporting requirement under Section 
261.101, Family Code, the superintendent or director of a school 
district, open-enrollment charter school, regional education 
service center, or shared services arrangement who has cause to 
believe that an educator abused or otherwise committed an unlawful 
act with a student or minor shall notify the State Board for 
Educator Certification of the termination of the educator's 
employment or the resignation of the educator in lieu of 
termination of the educator's employment.
	(c)  The superintendent or director must notify the State 
Board for Educator Certification by filing a report with the board 
not later than the seventh day after the date the employment of an 
educator described by Subsection (b) was terminated or the educator 
resigned in lieu of termination of employment.  The report must be:
		(1)  in writing; and                                                   
		(2)  in a form prescribed by the board.                                
	(d)  The superintendent or director shall notify the board of 
trustees or governing body of the school district, open-enrollment 
charter school, regional education service center, or shared 
services arrangement of the filing of the report required by 
Subsection (c).
	(e)  A superintendent or director acting in an official 
capacity who, in good faith, files a report with the State Board for 
Educator Certification under this section is immune from civil or 
criminal liability that might otherwise be incurred or imposed.
	(f)  The State Board for Educator Certification shall adopt 
rules to implement this section.
	SECTION 2.  Section 21.451(a), Education Code, is amended to 
read as follows:
	(a)  The staff development provided by a school district must 
be conducted in accordance with minimum standards developed by the 
commissioner for program planning, preparation, and improvement.  
The staff development:
		(1)  must include training in:                                                
			(A)  technology;                                                             
			(B)  conflict resolution; [and]                             
			(C)  discipline strategies, including classroom 
management, district discipline policies, and the student code of 
conduct adopted under Section 37.001 and Chapter 37; and
			(D)  the requirement under Section 21.006 that a 
superintendent who has cause to believe that an educator abused or 
otherwise committed an unlawful act with a student or minor report 
to the State Board for Educator Certification the termination of 
the educator's employment or the educator's resignation in lieu of 
termination of employment.
		(2)  must include training that:                                              
			(A)  relates to instruction of students with 
disabilities; and             
			(B)  is designed for educators who work primarily 
outside of the area of special education; and
		(3)  may include instruction as to what is permissible 
under law, including opinions of the United States Supreme Court, 
in regard to prayers in public school.
	SECTION 3.  Section 261.105(d), Family Code, is amended to 
read as follows:  
	(d)  If the department initiates an investigation and 
determines that the abuse or neglect does not involve a person 
responsible for the child's care, custody, or welfare, the 
department shall refer the report to a law enforcement agency for 
further investigation.  If the department determines that the abuse 
or neglect involves an employee of a public primary or secondary 
school, and that the child is a student at the school, the 
department shall orally notify the superintendent of the school 
district or director of the school in which the employee is employed 
about the investigation.
	SECTION 4.  This act applies beginning with the 2003-2004 
school year.       
	SECTION 5.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.