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79R7251 BDH-F

By:  Farabee                                                      H.B. No. 2771



A BILL TO BE ENTITLED

AN ACT

relating to the confidentiality and disclosure of certain 
information related to an investigation conducted by the State 
Board for Educator Certification.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 21, Education Code, is 
amended by adding Section 21.062 to read as follows:
	Sec. 21.062.  CONFIDENTIALITY AND DISCLOSURE OF CERTAIN 
INFORMATION. (a) The following information is confidential, is not 
subject to public release under Chapter 552, Government Code, and 
may be disclosed only as provided by this section and applicable 
federal or state law:
		(1)  a report of alleged or suspected educator 
misconduct made under this subchapter;
		(2)  the files, reports, records, communications, 
audiotapes, videotapes, and working papers used or developed in an 
investigation under this subchapter; and
		(3)  a final sanction by the board that, as determined 
by board rules, is a formal, unpublished censure not intended to 
appear in the educator's official certification records.
	(b)  An educator who is the subject of an investigation by 
the board under this subchapter is entitled to examine and make 
copies of any information described by this section if the 
information directly relates to the investigation.
	SECTION 2.  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, 2005.