|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to criminal history record and other information |
|
concerning certain school district employees. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subchapter B, Chapter 7, Education Code, is |
|
amended by adding Section 7.030 to read as follows: |
|
Sec. 7.030. ACCESS TO INFORMATION CONCERNING EVALUATION OF |
|
PERFORMANCE. Notwithstanding Section 21.355, a school district or |
|
open-enrollment charter school shall, on the agency's request, |
|
provide to the agency a district or charter school document |
|
evaluating the performance of a teacher or administrator. The |
|
agency shall take appropriate measures to maintain confidentiality |
|
of the document. |
|
SECTION 2. Section 12.1059, Education Code, is amended to |
|
read as follows: |
|
Sec. 12.1059. AGENCY APPROVAL REQUIRED FOR CERTAIN |
|
EMPLOYEES. A person may not be employed by or serve as a teacher, |
|
librarian, educational aide, administrator, or counselor for an |
|
open-enrollment charter school unless the person has been approved |
|
by the agency following a review of the person's national criminal |
|
history record and certification information as provided by Section |
|
22.0832. |
|
SECTION 3. Section 21.006, Education Code, is amended by |
|
amending Subsections (a), (b), and (d) and adding Subsection (i) to |
|
read as follows: |
|
(a) In this section: |
|
(1) "Abuse" [, "abuse"] has the meaning assigned by |
|
Section 261.001, Family Code, and includes any sexual conduct |
|
involving an educator and a student or minor. |
|
(2) "Educator" means a person who holds a certificate |
|
issued under Subchapter B, notwithstanding the definition provided |
|
under Section 5.001. |
|
(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 shall notify the |
|
State Board for Educator Certification if the superintendent or |
|
director has reasonable cause to believe that: |
|
(1) an educator employed in any capacity by or seeking |
|
employment with [by] the district, charter school, service center, |
|
or shared services arrangement has a criminal record; |
|
(2) an educator's employment at the district, |
|
open-enrollment charter school, service center, or shared services |
|
arrangement was terminated based on a determination that the |
|
educator: |
|
(A) abused or otherwise committed an unlawful act |
|
with a student or minor; |
|
(B) possessed, transferred, sold, or distributed |
|
a controlled substance, as defined by Chapter 481, Health and |
|
Safety Code, or by 21 U.S.C. Section 801 et seq.[, and its
|
|
subsequent amendments]; |
|
(C) illegally transferred, appropriated, or |
|
expended funds or other property of the district, service center, |
|
or shared services arrangement; |
|
(D) attempted by fraudulent or unauthorized |
|
means to obtain or alter a professional certificate or license for |
|
the purpose of promotion or additional compensation; [or] |
|
(E) committed a criminal offense or any part of a |
|
criminal offense on school property or at a school-sponsored event; |
|
or |
|
(F) solicited or engaged in sexual conduct or a |
|
romantic relationship with a student or minor; |
|
(3) the educator resigned after being informed of an |
|
allegation [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); or |
|
(4) the educator engaged in conduct that violated the |
|
assessment instrument security procedures established under |
|
Section 39.0301. |
|
(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 and the educator of the filing of the report |
|
required by Subsection (c). |
|
(i) Each year, the superintendent or director shall certify |
|
to the commissioner that the superintendent or director has |
|
reported to the State Board for Educator Certification the |
|
employment status of a person described by Subsection (b) as |
|
required by that subsection. The annual certification must include |
|
a statement that the school district, open-enrollment charter |
|
school, regional education service center, or shared services |
|
arrangement has adopted a policy: |
|
(1) ensuring that: |
|
(A) the required reports are made to the State |
|
Board for Educator Certification; and |
|
(B) notification is provided to the |
|
superintendent or director of any resignation or other personnel |
|
action required to be reported; and |
|
(2) prohibiting any agreement not to make a required |
|
report. |
|
SECTION 4. Section 21.007, Education Code, is amended by |
|
adding Subsection (g) to read as follows: |
|
(g) Before employing a person who holds a certificate under |
|
Subchapter B, a school district, open-enrollment charter school, |
|
regional education service center, or shared services arrangement |
|
shall examine any public certification records of the person posted |
|
on an Internet website maintained by the board. |
|
SECTION 5. Section 21.043, Education Code, is amended to |
|
read as follows: |
|
Sec. 21.043. ACCESS TO INFORMATION [PEIMS DATA]. (a) The |
|
agency shall provide the board with access to data obtained under |
|
the Public Education Information Management System (PEIMS). |
|
(b) Notwithstanding Section 21.355, a school district or |
|
open-enrollment charter school shall, on the board's request, |
|
provide to the board a district or charter school document |
|
evaluating the performance of a teacher or administrator. The board |
|
shall take appropriate measures to maintain confidentiality of the |
|
document. |
|
SECTION 6. The heading to Subchapter C, Chapter 22, |
|
Education Code, is amended to read as follows: |
|
SUBCHAPTER C. CRIMINAL HISTORY AND CERTIFICATION RECORDS |
|
SECTION 7. Section 22.0832, Education Code, is amended to |
|
read as follows: |
|
Sec. 22.0832. NATIONAL CRIMINAL HISTORY AND CERTIFICATION |
|
RECORD INFORMATION REVIEW OF CERTAIN OPEN-ENROLLMENT CHARTER |
|
SCHOOL EMPLOYEES. (a) The agency shall review: |
|
(1) the national criminal history record information |
|
of an employee of an open-enrollment charter school to whom Section |
|
12.1059 applies in the same manner as the State Board for Educator |
|
Certification reviews certified educators under Section 22.0831; |
|
and |
|
(2) any educator certification information available |
|
to the agency concerning the employee. |
|
(a-1) If the agency determines that, based on information |
|
contained in an employee's criminal history record or certification |
|
information, the employee would not be eligible for educator |
|
certification under Subchapter B, Chapter 21, the agency shall |
|
notify the open-enrollment charter school in writing that the |
|
person may not be employed by the school or serve in a capacity |
|
described by Section 12.1059. |
|
(b) An open-enrollment charter school must provide the |
|
agency with any information requested by the agency to enable the |
|
agency to complete a review under Subsection (a). Failure of an |
|
open-enrollment charter school to provide information under this |
|
subsection or failure of the charter school to deny an employee |
|
access to the school following the school's receipt of notice under |
|
Subsection (a-1) is a material violation of the school's charter. |
|
SECTION 8. Subchapter C, Chapter 22, Education Code, is |
|
amended by adding Section 22.0851 to read as follows: |
|
Sec. 22.0851. REPORTING TO STATE BOARD FOR EDUCATOR |
|
CERTIFICATION. (a) The superintendent of a school district or |
|
chief operating officer of an open-enrollment charter school shall: |
|
(1) report to the State Board for Educator |
|
Certification as required by the board the employment status of a |
|
person subject to review under Section 22.0831, 22.0832, 22.0833, |
|
or 22.0836; and |
|
(2) certify to the commissioner each year compliance |
|
with Subdivision (1). |
|
(b) The annual certification under Subsection (a) must |
|
include a statement that the district or charter school has adopted |
|
a policy: |
|
(1) ensuring that: |
|
(A) the reports required under Subsection (a) are |
|
made; and |
|
(B) notification is provided to the |
|
superintendent of a school district or chief operating officer of |
|
an open-enrollment charter school of any resignation or other |
|
personnel action required to be reported under Subsection (a); and |
|
(2) prohibiting any agreement not to make a required |
|
report. |
|
(c) A superintendent of a school district or chief operating |
|
officer of an open-enrollment charter school who in good faith and |
|
while acting in an official capacity 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. |
|
SECTION 9. 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. |