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A BILL TO BE ENTITLED
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AN ACT
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relating to the reporting of criminal history record information of |
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educators and other public school employees who engage in certain |
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misconduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 21.006(b), (b-1), (c), and (d), |
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Education Code, are amended to read as follows: |
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(b) In addition to the reporting requirement under Section |
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261.101, Family Code, the superintendent or director of a school |
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district, open-enrollment charter school, regional education |
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service center, or shared services arrangement shall notify the |
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State Board for Educator Certification if [the superintendent or
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director has reasonable cause to believe that]: |
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(1) an educator employed by or seeking employment by |
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the district, school, service center, or shared services |
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arrangement has a criminal record and the district, school, service |
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center, or shared services arrangement obtained information about |
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the educator's criminal record by a means other than the criminal |
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history clearinghouse established under Section 411.0845, |
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Government Code; |
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(2) an educator's employment at the district, school, |
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service center, or shared services arrangement was terminated based |
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on evidence [a determination] that the educator: |
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(A) abused or otherwise committed an unlawful act |
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with a student or minor; |
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(A-1) was involved in a romantic relationship |
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with or solicited or engaged in sexual contact with a student or |
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minor; |
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(B) possessed, transferred, sold, or distributed |
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a controlled substance, as defined by Chapter 481, Health and |
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Safety Code, or by 21 U.S.C. Section 801 et seq.[, and its
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subsequent amendments]; |
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(C) illegally transferred, appropriated, or |
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expended funds or other property of the district, school, service |
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center, or shared services arrangement; |
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(D) attempted by fraudulent or unauthorized |
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means to obtain or alter a professional certificate or license for |
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the purpose of promotion or additional compensation; or |
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(E) committed a criminal offense or any part of a |
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criminal offense on school property or at a school-sponsored event; |
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(3) the educator resigned and there is [reasonable] |
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evidence [supports a recommendation by the superintendent or
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director to terminate the educator based on a determination] that |
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the educator engaged in misconduct described by Subdivision (2); or |
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(4) the educator engaged in conduct that violated the |
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assessment instrument security procedures established under |
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Section 39.0301. |
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(b-1) A superintendent or director of a school district or |
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open-enrollment charter school shall complete an investigation of |
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an educator that is based on evidence that [reasonable cause to
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believe] the educator may have engaged in misconduct described by |
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Subsection (b)(2)(A) or (A-1), despite the educator's resignation |
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from district or school employment before completion of the |
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investigation. |
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(c) The superintendent or director must notify the State |
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Board for Educator Certification by filing a report with the board |
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not later than the seventh day after the date the superintendent or |
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director knew or should have known [first learns] about an |
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employee's criminal record under Subsection (b)(1) or a termination |
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of employment or resignation following an alleged incident of |
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misconduct described by Subsection (b). The report must be: |
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(1) in writing; and |
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(2) in a form prescribed by the board. |
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(d) The superintendent or director shall notify the board of |
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trustees or governing body of the school district, open-enrollment |
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charter school, regional education service center, or shared |
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services arrangement and the educator of the filing of the report |
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required by Subsection (c). |
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SECTION 2. Section 22.087, Education Code, is amended to |
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read as follows: |
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Sec. 22.087. NOTIFICATION TO STATE BOARD FOR EDUCATOR |
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CERTIFICATION. The superintendent of a school district or the |
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director of an open-enrollment charter school, private school, |
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regional education service center, or shared services arrangement |
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shall promptly notify the State Board for Educator Certification in |
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writing if: |
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(1) the person obtains or has knowledge of information |
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showing that an applicant for or holder of a certificate issued |
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under Subchapter B, Chapter 21, has a reported criminal history; |
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and |
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(2) the person obtained the information by a means |
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other than the criminal history clearinghouse established under |
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Section 411.0845, Government Code. |
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SECTION 3. This Act takes effect September 1, 2015. |