Amend HB 1783 by adding the following appropriately numbered SECTIONS to the bill and renumbering the remaining SECTIONS of the bill accordingly:
SECTION ____. Sections 21.006(b), (b-1), (c), and (d), Education Code, are amended to read as follows:
(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 by or seeking employment by the district, school, service center, or shared services arrangement has a criminal record and the district, school, service center, or shared services arrangement obtained information about the educator's criminal record by a means other than the criminal history clearinghouse established under Section 411.0845, Government Code;
(2) an educator's employment at the district, school, service center, or shared services arrangement was terminated based on evidence [a determination] that the educator:
(A) abused or otherwise committed an unlawful act with a student or minor;
(A-1) was involved in a romantic relationship with or solicited or engaged in sexual contact 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, school, 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;
(3) the educator resigned and there is [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.
(b-1) A superintendent or director of a school district or open-enrollment charter school shall complete an investigation of an educator that is based on evidence that [reasonable cause to believe] the educator may have engaged in misconduct described by Subsection (b)(2)(A) or (A-1), despite the educator's resignation from district or school employment before completion of the investigation.
(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 superintendent or director knew [first learns] about an employee's criminal record under Subsection (b)(1) or a termination of employment or resignation following an alleged incident of misconduct described by Subsection (b). 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 and the educator of the filing of the report required by Subsection (c).
SECTION ____. Section 22.087, Education Code, is amended to read as follows:
Sec. 22.087. NOTIFICATION TO STATE BOARD FOR EDUCATOR CERTIFICATION. The superintendent of a school district or the director of an open-enrollment charter school, private school, regional education service center, or shared services arrangement shall promptly notify the State Board for Educator Certification in writing if:
(1) the person obtains or has knowledge of information showing that an applicant for or holder of a certificate issued under Subchapter B, Chapter 21, has a reported criminal history; and
(2) the person obtained the information by a means other than the criminal history clearinghouse established under Section 411.0845, Government Code.