| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to a prohibition placed on an open-enrollment charter |
|
|
school against the employment of a person determined under certain |
|
|
circumstances to have engaged in misconduct that presents a risk to |
|
|
the health, safety, or welfare of a student or minor. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter D, Chapter 12, Education Code, is |
|
|
amended by adding Section 12.10591 to read as follows: |
|
|
Sec. 12.10591. PROHIBITION ON EMPLOYMENT OF CERTAIN |
|
|
PERSONS. (a) A person may not be employed by an open-enrollment |
|
|
charter school if, based on the person's misconduct that presents a |
|
|
risk to the health, safety, or welfare of a student or minor, as |
|
|
provided under Subsection (c), the State Board for Educator |
|
|
Certification has: |
|
|
(1) revoked, canceled, suspended, or placed |
|
|
restrictions on the person's educator certification; or |
|
|
(2) refused to issue an educator certificate to the |
|
|
person. |
|
|
(b) A person may not be employed by an open-enrollment |
|
|
charter school if, based on the person's misconduct that presents a |
|
|
risk to the health, safety, or welfare of a student or minor, as |
|
|
provided under Subsection (c), the board of trustees of a school |
|
|
district has: |
|
|
(1) revoked the person's school district teaching |
|
|
permit; or |
|
|
(2) refused to issue a school district teaching permit |
|
|
to the person. |
|
|
(c) For purposes of this section, each of the following is |
|
|
misconduct that presents a risk to the health, safety, or welfare of |
|
|
a student or minor: |
|
|
(1) engaging in abuse or neglect, as defined by |
|
|
Section 261.001, Family Code; |
|
|
(2) engaging in a sexual offense, as prohibited under |
|
|
Chapter 21, Penal Code; |
|
|
(3) engaging in the offense of: |
|
|
(A) sexual assault, as prohibited under Section |
|
|
22.01, Penal Code; |
|
|
(B) aggravated sexual assault, as prohibited |
|
|
under Section 22.021, Penal Code; |
|
|
(C) injury to a child, as prohibited under |
|
|
Section 22.04, Penal Code; |
|
|
(D) abandoning or endangering a child, as |
|
|
prohibited under Section 22.041, Penal Code; or |
|
|
(E) deadly conduct, as prohibited under Section |
|
|
22.05, Penal Code; |
|
|
(4) engaging in the offense of online solicitation of |
|
|
a minor, as prohibited under Section 33.021, Penal Code; |
|
|
(5) engaging in an offense under Section 37.10, Penal |
|
|
Code, or under Section 39.0303 of this code, relating to an |
|
|
assessment instrument; |
|
|
(6) engaging in the offense of the sale, distribution, |
|
|
or display of harmful material to a minor, as prohibited under |
|
|
Section 43.24, Penal Code; |
|
|
(7) engaging in a romantic relationship with a student |
|
|
or minor or soliciting sexual contact or a romantic relationship |
|
|
with a student or minor; |
|
|
(8) on school property or while attending a |
|
|
school-sponsored or school-related activity on or off of school |
|
|
property, using, exhibiting, or possessing: |
|
|
(A) a firearm as defined by Section 46.01(3), |
|
|
Penal Code; |
|
|
(B) an illegal knife as defined by Section |
|
|
46.01(6), Penal Code, or by local policy; |
|
|
(C) a club as defined by Section 46.01(1), Penal |
|
|
Code; or |
|
|
(D) a weapon listed as a prohibited weapon under |
|
|
Section 46.05, Penal Code; |
|
|
(9) while on or within 300 feet of school property, as |
|
|
measured from any point on the school's real property boundary |
|
|
line, or while attending a school-sponsored or school-related |
|
|
activity on or off of school property: |
|
|
(A) selling, giving, or delivering to another |
|
|
person or possessing, using, or being under the influence of any |
|
|
amount of: |
|
|
(i) marihuana or a controlled substance, as |
|
|
defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. |
|
|
Section 801 et seq.; or |
|
|
(ii) a dangerous drug, as defined by |
|
|
Chapter 483, Health and Safety Code; or |
|
|
(B) engaging in an offense relating to an |
|
|
abusable volatile chemical under Sections 485.031 through 485.033, |
|
|
Health and Safety Code; |
|
|
(10) selling, giving, or delivering to a minor, |
|
|
regardless of location: |
|
|
(A) a substance described by Subdivision |
|
|
(9)(A)(i) or (ii) or (9)(B); or |
|
|
(B) an alcoholic beverage, as defined by Section |
|
|
1.04, Alcoholic Beverage Code; |
|
|
(11) using fraud or deceit in obtaining or attempting |
|
|
to obtain an educator certificate or school district teaching |
|
|
permit; |
|
|
(12) engaging in any other criminal offense punishable |
|
|
as a felony; or |
|
|
(13) engaging in any other misconduct determined by |
|
|
the State Board for Educator Certification or a school district, as |
|
|
applicable, to present a risk to the health, safety, or welfare of a |
|
|
student or minor. |
|
|
SECTION 2. This Act applies to an employment contract |
|
|
entered into by an open-enrollment charter school on or after the |
|
|
effective date of this Act. An employment contract entered into by |
|
|
an open-enrollment charter school before the effective date of this |
|
|
Act is governed by the law in effect on the date the contract was |
|
|
entered into, and that law is continued in effect for that purpose. |
|
|
SECTION 3. 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, 2011. |