| |
| |
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|
A BILL TO BE ENTITLED
|
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|
AN ACT
|
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|
relating to employing, terminating, and reporting misconduct of |
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|
public school personnel and related entity personnel, including |
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|
creating a registry of persons ineligible for hire; creating a |
|
|
criminal offense. |
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|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 42.018(a), Code of Criminal Procedure, |
|
|
is amended to read as follows: |
|
|
(a) This article applies only[:
|
|
|
[(1)] to conviction or deferred adjudication granted |
|
|
on the basis of: |
|
|
(1) [(A)] an offense under Title 5, Penal Code,[; or
|
|
|
[(B) an offense on conviction of which a defendant
|
|
|
is required to register as a sex offender under Chapter 62; and
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|
|
[(2)] if the victim of the offense was [is] under 18 |
|
|
years of age at the time the offense was committed; or |
|
|
(2) an offense for which a conviction or grant of |
|
|
deferred adjudication requires the defendant to register as a sex |
|
|
offender under Chapter 62. |
|
|
SECTION 2. Section 7.028(a), Education Code, is amended to |
|
|
read as follows: |
|
|
(a) Except as provided by Section 21.006(j), 22.092(l), |
|
|
22.094, 29.001(5), 29.010(a), or 39.057, the agency may monitor |
|
|
compliance with requirements applicable to a process or program |
|
|
provided by a school district, campus, program, or school granted |
|
|
charters under Chapter 12, including the process described by |
|
|
Subchapter F, Chapter 11, or a program described by Subchapter B, C, |
|
|
D, E, F, H, or I, Chapter 29, Subchapter A, Chapter 37, or Section |
|
|
38.003, and the use of funds provided for such a program under |
|
|
Subchapter C, Chapter 42, only as necessary to ensure: |
|
|
(1) compliance with federal law and regulations; |
|
|
(2) financial accountability, including compliance |
|
|
with grant requirements; and |
|
|
(3) data integrity for purposes of: |
|
|
(A) the Public Education Information Management |
|
|
System (PEIMS); and |
|
|
(B) accountability under Chapter 39. |
|
|
SECTION 3. Section 12.056(b), Education Code, is amended to |
|
|
read as follows: |
|
|
(b) A campus or program for which a charter is granted under |
|
|
this subchapter is subject to: |
|
|
(1) a provision of this title establishing a criminal |
|
|
offense; and |
|
|
(2) a prohibition, restriction, or requirement, as |
|
|
applicable, imposed by this title or a rule adopted under this |
|
|
title, relating to: |
|
|
(A) the Public Education Information Management |
|
|
System (PEIMS) to the extent necessary to monitor compliance with |
|
|
this subchapter as determined by the commissioner; |
|
|
(B) criminal history records under Subchapter C, |
|
|
Chapter 22; |
|
|
(C) high school graduation under Section 28.025; |
|
|
(D) special education programs under Subchapter |
|
|
A, Chapter 29; |
|
|
(E) bilingual education under Subchapter B, |
|
|
Chapter 29; |
|
|
(F) prekindergarten programs under Subchapter E, |
|
|
Chapter 29; |
|
|
(G) extracurricular activities under Section |
|
|
33.081; |
|
|
(H) health and safety under Chapter 38; [and] |
|
|
(I) public school accountability under |
|
|
Subchapters B, C, D, E, F, and J, Chapter 39; |
|
|
(J) reporting misconduct under Sections 21.006 |
|
|
and 22.092; and |
|
|
(K) the duty to discharge or refuse to hire |
|
|
certain employees or applicants for employment under Section |
|
|
12.1059, 22.085, or 22.091. |
|
|
SECTION 4. 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 school counselor |
|
|
for an open-enrollment charter school unless: |
|
|
(1) the person has been approved by the agency |
|
|
following a review of the person's national criminal history record |
|
|
information as provided by Section 22.0832; and |
|
|
(2) the school has confirmed that the person is not |
|
|
included in the registry under Section 22.091. |
|
|
SECTION 5. Section 12.115(a), Education Code, is amended to |
|
|
read as follows: |
|
|
(a) Except as provided by Subsection (c), the commissioner |
|
|
shall revoke the charter of an open-enrollment charter school or |
|
|
reconstitute the governing body of the charter holder if the |
|
|
commissioner determines that the charter holder: |
|
|
(1) committed a material violation of the charter, |
|
|
including by a failure to: |
|
|
(A) satisfy accountability provisions prescribed |
|
|
by the charter; or |
|
|
(B) comply with the duty to discharge or refuse |
|
|
to hire certain employees or applicants for employment, as provided |
|
|
by Section 12.1151; |
|
|
(2) failed to satisfy generally accepted accounting |
|
|
standards of fiscal management; |
|
|
(3) failed to protect the health, safety, or welfare |
|
|
of the students enrolled at the school; |
|
|
(4) failed to comply with this subchapter or another |
|
|
applicable law or rule; |
|
|
(5) failed to satisfy the performance framework |
|
|
standards adopted under Section 12.1181; or |
|
|
(6) is imminently insolvent as determined by the |
|
|
commissioner in accordance with commissioner rule. |
|
|
SECTION 6. Subchapter D, Chapter 12, Education Code, is |
|
|
amended by adding Section 12.1151 to read as follows: |
|
|
Sec. 12.1151. FAILURE TO DISCHARGE OR REFUSE TO HIRE |
|
|
CERTAIN EMPLOYEES OR APPLICANTS. An open-enrollment charter school |
|
|
commits a material violation of the school's charter if the school |
|
|
fails to comply with the duty to discharge or refuse to hire certain |
|
|
employees or applicants for employment under Section 12.1059, |
|
|
22.085, or 22.091. |
|
|
SECTION 7. Section 12A.008, Education Code, is amended by |
|
|
adding Subsection (b-1) to read as follows: |
|
|
(b-1) The commissioner may terminate a district's |
|
|
designation as a district of innovation if the district fails to |
|
|
comply with the duty to discharge or refuse to hire certain |
|
|
employees or applicants for employment under Section 12.1059, |
|
|
applicable to the district under Section 12A.004(a)(1), or Section |
|
|
22.085 or 22.091. |
|
|
SECTION 8. Section 21.006, Education Code, is amended by |
|
|
amending Subsections (b), (b-1), (c), (e), and (f) and adding |
|
|
Subsections (c-1), (i), and (j) 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, district of innovation, open-enrollment charter school, |
|
|
regional education service center, or shared services arrangement |
|
|
or the principal of a school district, district of innovation, or |
|
|
open-enrollment charter school campus shall notify the State Board |
|
|
for Educator Certification if: |
|
|
(1) an educator employed by or seeking employment by |
|
|
the school district, district of innovation, charter school, |
|
|
service center, or shared services arrangement has a criminal |
|
|
record and the school district, district of innovation, charter |
|
|
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 school district, |
|
|
district of innovation, charter school, service center, or shared |
|
|
services arrangement was terminated and there is [based on] |
|
|
evidence 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.; |
|
|
(C) illegally transferred, appropriated, or |
|
|
expended funds or other property of the school district, district |
|
|
of innovation, charter 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 evidence 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, |
|
|
district of innovation, [or] open-enrollment charter school, |
|
|
regional education service center, or shared services arrangement |
|
|
or a principal of a school district, district of innovation, or |
|
|
open-enrollment charter school campus shall complete an |
|
|
investigation of an educator that involves [is based on] evidence |
|
|
that 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, except as otherwise |
|
|
provided by Subsection (c-1), or the principal 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, or principal knew or should have |
|
|
known about an educator's [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. |
|
|
(c-1) A principal of a school district, district of |
|
|
innovation, or open-enrollment charter school campus who files a |
|
|
report under Subsection (c) must notify the superintendent or |
|
|
director of the school district, district of innovation, or charter |
|
|
school, as applicable, about the filing of the report. A |
|
|
superintendent or director who is notified that a principal |
|
|
employed by the school district, district of innovation, or charter |
|
|
school has filed a report under Subsection (c) is not required to |
|
|
file a report concerning the criminal record or alleged incident of |
|
|
misconduct addressed in the principal's report. |
|
|
(e) A superintendent, [or] director, or principal 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. |
|
|
(f) The State Board for Educator Certification shall |
|
|
determine whether to impose sanctions against a superintendent, |
|
|
[or] director, or principal who fails to file a report in violation |
|
|
of Subsection (c). |
|
|
(i) A superintendent, director, or principal required to |
|
|
file a report under Subsection (c) commits an offense if the |
|
|
superintendent, director, or principal knowingly fails to file the |
|
|
report by the date required by that subsection. An offense under |
|
|
this subsection is a Class A misdemeanor, except that the offense is |
|
|
a state jail felony if it is shown on the trial of the offense that |
|
|
the superintendent, director, or principal intended to conceal an |
|
|
educator's criminal record or alleged incident of misconduct. |
|
|
(j) The commissioner may review the records of a school |
|
|
district, district of innovation, open-enrollment charter school, |
|
|
regional education service center, or shared services arrangement |
|
|
to ensure compliance with the requirement to report misconduct |
|
|
under this section. |
|
|
SECTION 9. The heading to Section 21.058, Education Code, |
|
|
is amended to read as follows: |
|
|
Sec. 21.058. REVOCATION OF CERTIFICATE AND TERMINATION OF |
|
|
EMPLOYMENT BASED ON CONVICTION OF OR PLACEMENT ON DEFERRED |
|
|
ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN OFFENSES. |
|
|
SECTION 10. Sections 21.058(a) and (b), Education Code, are |
|
|
amended to read as follows: |
|
|
(a) The procedures described by Subsections (b) and (c) |
|
|
apply only[:
|
|
|
[(1)] to conviction of or placement on deferred |
|
|
adjudication community supervision for: |
|
|
(1) a felony offense under Title 5, Penal Code, [or an
|
|
|
offense on conviction of which a defendant is required to register
|
|
|
as a sex offender under Chapter 62, Code of Criminal Procedure; and
|
|
|
[(2)] if the victim of the offense was [is] under 18 |
|
|
years of age at the time the offense was committed; or |
|
|
(2) an offense for which a defendant is required to |
|
|
register as a sex offender under Chapter 62, Code of Criminal |
|
|
Procedure. |
|
|
(b) Notwithstanding Section 21.041(b)(7), not later than |
|
|
the fifth day after the date the board receives notice under Article |
|
|
42.018, Code of Criminal Procedure, of the conviction or placement |
|
|
on deferred adjudication community supervision of a person who |
|
|
holds a certificate under this subchapter, the board shall: |
|
|
(1) revoke the certificate held by the person; and |
|
|
(2) provide to the person, to the agency, and to any |
|
|
school district or open-enrollment charter school employing the |
|
|
person at the time of revocation written notice of: |
|
|
(A) the revocation; and |
|
|
(B) the basis for the revocation. |
|
|
SECTION 11. Subchapter B, Chapter 21, Education Code, is |
|
|
amended by adding Section 21.0585 to read as follows: |
|
|
Sec. 21.0585. NOTICE TO AGENCY REGARDING REVOCATION OF |
|
|
CERTIFICATE OR PERMIT FOR CERTAIN MISCONDUCT. The board shall |
|
|
promptly notify the agency for purposes of Section 22.091 if the |
|
|
board revokes a certificate or permit of a person on a finding that |
|
|
the person engaged in misconduct described by Section |
|
|
21.006(b)(2)(A) or (A-1). |
|
|
SECTION 12. Section 22.0832, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 22.0832. NATIONAL CRIMINAL HISTORY RECORD INFORMATION |
|
|
REVIEW OF CERTAIN OPEN-ENROLLMENT CHARTER SCHOOL OR DISTRICT OF |
|
|
INNOVATION EMPLOYEES. (a) The agency shall review the national |
|
|
criminal history record information of an employee of an |
|
|
open-enrollment charter school or district of innovation to whom |
|
|
Section 12.1059 applies in the same manner as the State Board for |
|
|
Educator Certification reviews certified educators under Section |
|
|
22.0831. If the agency determines that, based on information |
|
|
contained in an employee's criminal history record information, the |
|
|
employee would not be eligible for educator certification under |
|
|
Subchapter B, Chapter 21, the agency shall notify the |
|
|
open-enrollment charter school or district of innovation 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 or district of |
|
|
innovation 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 is a material violation |
|
|
of the school's charter. Failure of a district of innovation to |
|
|
provide information under this subsection may result in termination |
|
|
of the district's designation as a district of innovation. |
|
|
SECTION 13. Sections 22.0833(a), (c), (e), (f), (g), and |
|
|
(h), Education Code, are amended to read as follows: |
|
|
(a) This section applies to a person who is not an applicant |
|
|
for or holder of a certificate under Subchapter B, Chapter 21, and |
|
|
who on or after January 1, 2008, is offered employment by: |
|
|
(1) a school district, district of innovation, or |
|
|
open-enrollment charter school; or |
|
|
(2) a shared services arrangement, if the employee's |
|
|
or applicant's duties are or will be performed on school property or |
|
|
at another location where students are regularly present. |
|
|
(c) Before or immediately after employing or securing the |
|
|
services of a person to whom this section applies, a school |
|
|
district, district of innovation, open-enrollment charter school, |
|
|
or shared services arrangement shall send or ensure that the person |
|
|
sends to the department information that is required by the |
|
|
department for obtaining national criminal history record |
|
|
information, which may include fingerprints and photographs. |
|
|
(e) Each school district, district of innovation, |
|
|
open-enrollment charter school, and shared services arrangement |
|
|
shall obtain all criminal history record information that relates |
|
|
to a person to whom this section applies through the criminal |
|
|
history clearinghouse as provided by Section 411.0845, Government |
|
|
Code, and shall subscribe to the criminal history record |
|
|
information of the person. |
|
|
(f) The school district, district of innovation, |
|
|
open-enrollment charter school, or shared services arrangement may |
|
|
require a person to pay any fees related to obtaining criminal |
|
|
history record information under this section. |
|
|
(g) A school district, district of innovation, |
|
|
open-enrollment charter school, or shared services arrangement |
|
|
shall provide the agency with the name of a person to whom this |
|
|
section applies. The agency shall obtain all criminal history |
|
|
record information of the person through the criminal history |
|
|
clearinghouse as provided by Section 411.0845, Government |
|
|
Code. The agency shall examine the criminal history record |
|
|
information of the person and notify the district, district of |
|
|
innovation, charter school, or shared services arrangement if the |
|
|
person may not be hired or must be discharged as provided by Section |
|
|
22.085. |
|
|
(h) The agency, the State Board for Educator Certification, |
|
|
school districts, districts of innovation, open-enrollment charter |
|
|
schools, and shared services arrangements may coordinate as |
|
|
necessary to ensure that criminal history reviews authorized or |
|
|
required under this subchapter are not unnecessarily duplicated. |
|
|
SECTION 14. Sections 22.0836(a), (c), (e), (f), (g), and |
|
|
(h), Education Code, are amended to read as follows: |
|
|
(a) This section applies to a person who is a substitute |
|
|
teacher for a school district, district of innovation, |
|
|
open-enrollment charter school, or shared services arrangement. |
|
|
(c) A school district, district of innovation, |
|
|
open-enrollment charter school, or shared services arrangement |
|
|
shall send or ensure that a person to whom this section applies |
|
|
sends to the department information that is required by the |
|
|
department for obtaining national criminal history record |
|
|
information, which may include fingerprints and photographs. |
|
|
(e) Each school district, district of innovation, |
|
|
open-enrollment charter school, and shared services arrangement |
|
|
shall obtain all criminal history record information that relates |
|
|
to a person to whom this section applies through the criminal |
|
|
history clearinghouse as provided by Section 411.0845, Government |
|
|
Code. |
|
|
(f) The school district, district of innovation, |
|
|
open-enrollment charter school, or shared services arrangement may |
|
|
require a person to pay any fees related to obtaining criminal |
|
|
history record information under this section. |
|
|
(g) A school district, district of innovation, |
|
|
open-enrollment charter school, or shared services arrangement |
|
|
shall provide the agency with the name of a person to whom this |
|
|
section applies. The agency shall obtain all criminal history |
|
|
record information of the person through the criminal history |
|
|
clearinghouse as provided by Section 411.0845, Government |
|
|
Code. The agency shall examine the criminal history record |
|
|
information and certification records of the person and notify the |
|
|
district, district of innovation, charter school, or shared |
|
|
services arrangement if the person: |
|
|
(1) may not be hired or must be discharged as provided |
|
|
by Section 22.085; or |
|
|
(2) may not be employed as a substitute teacher |
|
|
because the person's educator certification has been revoked or is |
|
|
suspended. |
|
|
(h) The commissioner may adopt rules to implement this |
|
|
section, including rules establishing deadlines for a school |
|
|
district, district of innovation, open-enrollment charter school, |
|
|
or shared services arrangement to require a person to whom this |
|
|
section applies to submit fingerprints and photographs in |
|
|
compliance with this section and the circumstances under which a |
|
|
person may not continue to be employed as a substitute teacher. |
|
|
SECTION 15. Section 22.085, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 22.085. EMPLOYEES AND APPLICANTS CONVICTED OF OR |
|
|
PLACED ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN |
|
|
OFFENSES. (a) A school district, district of innovation, |
|
|
open-enrollment charter school, or shared services arrangement |
|
|
shall discharge or refuse to hire an employee or applicant for |
|
|
employment if the school district, district of innovation, charter |
|
|
school, or shared services arrangement obtains information through |
|
|
a criminal history record information review that[:
|
|
|
[(1)] the employee or applicant has been convicted of |
|
|
or placed on deferred adjudication community supervision for: |
|
|
(1) [(A)] a felony offense under Title 5, Penal Code, |
|
|
if the victim of the offense was under 18 years of age at the time |
|
|
the offense was committed; |
|
|
(2) [(B)] an offense on conviction of which or on |
|
|
placement on deferred adjudication community supervision for which |
|
|
a defendant is required to register as a sex offender under Chapter |
|
|
62, Code of Criminal Procedure; or |
|
|
(3) [(C)] an offense under the laws of another state |
|
|
or federal law that is equivalent to an offense under Subdivision |
|
|
(1) [Paragraph (A)] or (2) [(B); and
|
|
|
[(2)
at the time the offense occurred, the victim of
|
|
|
the offense described by Subdivision (1) was under 18 years of age
|
|
|
or was enrolled in a public school]. |
|
|
(b) Subsection (a) does not apply if the employee or |
|
|
applicant for employment committed an offense under Title 5, Penal |
|
|
Code and: |
|
|
(1) the date of the commission of the offense is more |
|
|
than 30 years before: |
|
|
(A) the effective date of S.B. No. 9, Acts of the |
|
|
80th Legislature, Regular Session, 2007, in the case of a person |
|
|
employed by a school district, open-enrollment charter school, or |
|
|
shared services arrangement as of that date; or |
|
|
(B) the date the person's employment will begin, |
|
|
in the case of a person applying for employment with a school |
|
|
district, district of innovation, open-enrollment charter school, |
|
|
or shared services arrangement after the effective date of S.B. |
|
|
No. 9, Acts of the 80th Legislature, Regular Session, 2007; and |
|
|
(2) the employee or applicant for employment satisfied |
|
|
all terms of the court order entered on conviction or successfully |
|
|
completed the period of deferred adjudication community |
|
|
supervision. |
|
|
(c) A school district, district of innovation, |
|
|
open-enrollment charter school, or shared services arrangement may |
|
|
not allow a person who is an employee of or applicant for employment |
|
|
by an entity that contracts with the school district, district of |
|
|
innovation, charter school, or shared services arrangement to serve |
|
|
at the school district, district of innovation, or charter school |
|
|
or for the shared services arrangement if the school district, |
|
|
district of innovation, charter school, or shared services |
|
|
arrangement obtains information described by Subsection (a) |
|
|
through a criminal history record information review concerning the |
|
|
employee or applicant. A school district, district of innovation, |
|
|
open-enrollment charter school, or shared services arrangement |
|
|
must ensure that an entity that the school district, district of |
|
|
innovation, charter school, or shared services arrangement |
|
|
contracts with for services has obtained all criminal history |
|
|
record information as required by Section 22.0834. |
|
|
(d) A school district, district of innovation, |
|
|
open-enrollment charter school, private school, regional education |
|
|
service center, or shared services arrangement may discharge an |
|
|
employee if the school district, district of innovation, charter |
|
|
school, or private school obtains information of the employee's |
|
|
conviction of a felony or of a misdemeanor involving moral |
|
|
turpitude that the employee did not disclose to the State Board for |
|
|
Educator Certification or the school district, district of |
|
|
innovation, charter school, private school, service center, or |
|
|
shared services arrangement. An employee discharged under this |
|
|
section is considered to have been discharged for misconduct for |
|
|
purposes of Section 207.044, Labor Code. |
|
|
(e) The State Board for Educator Certification may impose a |
|
|
sanction on an educator who does not discharge an employee or refuse |
|
|
to hire an applicant for employment if the educator knows or should |
|
|
have known, through a criminal history record information review, |
|
|
that the employee or applicant has been convicted of or placed on |
|
|
deferred adjudication community supervision for an offense |
|
|
described by Subsection (a). |
|
|
(f) Each school year, the superintendent [of a school
|
|
|
district] or chief operating officer of a school district, district |
|
|
of innovation, or [an] open-enrollment charter school shall certify |
|
|
to the commissioner that the district or school has complied with |
|
|
this section. |
|
|
(g) A school district, district of innovation, |
|
|
open-enrollment charter school, or shared services arrangement |
|
|
shall promptly notify the agency for purposes of Section 22.091 |
|
|
that the school district, district of innovation, charter school, |
|
|
or shared services arrangement discharged or refused to hire an |
|
|
employee or applicant for employment as provided by this section. A |
|
|
school district, district of innovation, open-enrollment charter |
|
|
school, or shared services arrangement is not required to comply |
|
|
with this subsection if the school district, district of |
|
|
innovation, charter school, or shared services arrangement was |
|
|
notified by the agency that the person must be discharged or may not |
|
|
be hired as provided by this section pursuant to a review of the |
|
|
person's criminal history record information by the agency. |
|
|
SECTION 16. Chapter 22, Education Code, is amended by |
|
|
adding Subchapter C-1 to read as follows: |
|
|
SUBCHAPTER C-1. PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC |
|
|
SCHOOLS |
|
|
Sec. 22.091. REGISTRY OF PERSONS NOT ELIGIBLE FOR |
|
|
EMPLOYMENT IN PUBLIC SCHOOLS. (a) The agency shall maintain and |
|
|
make available to appropriate hiring entities a registry of persons |
|
|
who are not eligible to be employed by a school district, district |
|
|
of innovation, open-enrollment charter school, regional education |
|
|
service center, or shared services arrangement. |
|
|
(b) A school district, district of innovation, |
|
|
open-enrollment charter school, regional education service center, |
|
|
or shared services arrangement shall discharge or refuse to hire a |
|
|
person listed on the registry maintained under this section. |
|
|
(c) The registry maintained under this section must list the |
|
|
following persons as not eligible to be employed by public schools: |
|
|
(1) a person determined by the agency under Section |
|
|
22.0832 as a person who would not be eligible for educator |
|
|
certification under Subchapter B, Chapter 21; |
|
|
(2) a person who is not eligible for employment based |
|
|
on the person's criminal history record information review, as |
|
|
provided by Section 22.085; |
|
|
(3) a person who is not eligible for employment based |
|
|
on criminal history record information received by the agency under |
|
|
Section 21.058(b); |
|
|
(4) a person whose certification or permit issued |
|
|
under Subchapter B, Chapter 21, is revoked by the State Board for |
|
|
Educator Certification on a finding that the person engaged in |
|
|
misconduct described by Section 21.006(b)(2)(A) or (A-1); and |
|
|
(5) a person who is determined by the commissioner |
|
|
under Section 22.093 to have engaged in misconduct described by |
|
|
Section 22.092(c)(1)(A) or (B). |
|
|
(d) The agency shall adopt rules as necessary to implement |
|
|
this section. |
|
|
Sec. 22.092. REQUIREMENT TO REPORT EMPLOYEE MISCONDUCT. |
|
|
(a) In this section, "abuse" has the meaning assigned by Section |
|
|
261.001, Family Code, and includes any sexual conduct involving a |
|
|
student or minor. |
|
|
(b) This section applies to a person who is employed by a |
|
|
school district, district of innovation, open-enrollment charter |
|
|
school, regional education service center, or shared services |
|
|
arrangement and who does not hold a certification or permit issued |
|
|
under Subchapter B, Chapter 21. |
|
|
(c) In addition to the reporting requirement under Section |
|
|
261.101, Family Code, the superintendent or director of a school |
|
|
district, district of innovation, open-enrollment charter school, |
|
|
regional education service center, or shared services arrangement |
|
|
or the principal of a school district, district of innovation, or |
|
|
open-enrollment charter school campus shall notify the |
|
|
commissioner if: |
|
|
(1) an employee's employment at the school district, |
|
|
district of innovation, charter school, service center, or shared |
|
|
services arrangement was terminated and there is evidence that the |
|
|
employee: |
|
|
(A) abused or otherwise committed an unlawful act |
|
|
with a student or minor; or |
|
|
(B) was involved in a romantic relationship with |
|
|
or solicited or engaged in sexual contact with a student or minor; |
|
|
or |
|
|
(2) the employee resigned and there is evidence that |
|
|
the employee engaged in misconduct described by Subdivision (1). |
|
|
(d) A superintendent or director of a school district, |
|
|
district of innovation, open-enrollment charter school, regional |
|
|
education service center, or shared services arrangement or a |
|
|
principal of a school district, district of innovation, or |
|
|
open-enrollment charter school campus shall complete an |
|
|
investigation of an employee that involves evidence that the |
|
|
employee may have engaged in misconduct described by Subsection |
|
|
(c)(1)(A) or (B), despite the employee's resignation from |
|
|
employment before completion of the investigation. |
|
|
(e) The superintendent or director, except as otherwise |
|
|
provided by Subsection (f), or the principal must notify the |
|
|
commissioner by filing a report with the commissioner not later |
|
|
than the seventh day after the date the superintendent, director, |
|
|
or principal knew or should have known about an employee's |
|
|
termination of employment or resignation following an alleged |
|
|
incident of misconduct described by Subsection (c)(1). The report |
|
|
must be: |
|
|
(1) in writing; and |
|
|
(2) in a form prescribed by the commissioner. |
|
|
(f) A principal of a school district, district of |
|
|
innovation, or open-enrollment charter school campus who files a |
|
|
report under Subsection (e) must notify the superintendent or |
|
|
director of the school district, district of innovation, or charter |
|
|
school, as applicable, about the filing of the report. A |
|
|
superintendent or director who is notified that a principal |
|
|
employed by the school district, district of innovation, or charter |
|
|
school has filed a report under Subsection (e) is not required to |
|
|
file a report concerning the alleged incident of misconduct |
|
|
addressed in the principal's report. |
|
|
(g) The superintendent or director shall notify the board of |
|
|
trustees or governing body of the school district, district of |
|
|
innovation, open-enrollment charter school, regional education |
|
|
service center, or shared services arrangement and the employee of |
|
|
the filing of the report required by Subsection (e). |
|
|
(h) A superintendent, director, or principal who in good |
|
|
faith and while acting in an official capacity files a report with |
|
|
the commissioner under this section is immune from civil or |
|
|
criminal liability that might otherwise be incurred or imposed. |
|
|
(i) The commissioner shall refer an educator who fails to |
|
|
file a report in violation of Subsection (e) to the State Board for |
|
|
Educator Certification, and the board shall determine whether to |
|
|
impose sanctions against the educator. |
|
|
(j) The name of a student or minor who is the victim of abuse |
|
|
or unlawful conduct by an employee must be included in a report |
|
|
filed under this section, but the name of the student or minor is |
|
|
not public information under Chapter 552, Government Code. |
|
|
(k) A superintendent, director, or principal required to |
|
|
file a report under Subsection (e) commits an offense if the |
|
|
superintendent, director, or principal knowingly fails to file the |
|
|
report by the date required by that subsection. An offense under |
|
|
this subsection is a Class A misdemeanor, except that the offense is |
|
|
a state jail felony if it is shown on the trial of the offense that |
|
|
the superintendent, director, or principal intended to conceal an |
|
|
employee's alleged incident of misconduct. |
|
|
(l) The commissioner may review the records of a school |
|
|
district, district of innovation, open-enrollment charter school, |
|
|
regional education service center, or shared services arrangement |
|
|
to ensure compliance with the requirement to report misconduct |
|
|
under this section. |
|
|
(m) The commissioner shall adopt rules as necessary to |
|
|
implement this section. |
|
|
Sec. 22.093. NOTICE OF ALLEGED MISCONDUCT; INVESTIGATION; |
|
|
HEARING. (a) A person who is the subject of a report that alleges |
|
|
misconduct described by Section 22.092(c)(1)(A) or (B) is entitled |
|
|
to a hearing under the procedures provided by Chapter 2001, |
|
|
Government Code, to contest the allegation in the report. |
|
|
(b) On receiving a report filed under Section 22.092(e), the |
|
|
commissioner shall promptly send to the person who is the subject of |
|
|
the report a notice that includes: |
|
|
(1) a statement informing the person that the person |
|
|
must request a hearing within the period provided by Subsection |
|
|
(c); |
|
|
(2) a request that the person submit a response within |
|
|
the period provided by Subsection (c) to show cause why the |
|
|
commissioner should not pursue an investigation; and |
|
|
(3) a statement informing the person that if the |
|
|
person does not timely submit a response to show cause as provided |
|
|
by Subdivision (2), the agency shall provide information indicating |
|
|
the person is under investigation in the manner provided by |
|
|
Subsection (d). |
|
|
(c) A person entitled to a hearing under Subsection (a) must |
|
|
request a hearing and submit a response to show cause not later than |
|
|
the 10th day after the date the person receives the notice from the |
|
|
commissioner under Subsection (b). |
|
|
(d) If a person who receives notice under Subsection (b) |
|
|
does not timely submit a response to show cause why the commissioner |
|
|
should not pursue an investigation, the commissioner shall instruct |
|
|
the agency to provide information indicating the person is under |
|
|
investigation for alleged misconduct to a school district, district |
|
|
of innovation, open-enrollment charter school, or shared services |
|
|
arrangement that makes an inquiry to the agency with respect to a |
|
|
national criminal history record information review of the person |
|
|
under Section 22.0832 or 22.0833. |
|
|
(e) If a person entitled to a hearing under Subsection (a) |
|
|
does not request a hearing as provided by Subsection (c), the |
|
|
commissioner shall: |
|
|
(1) based on the report filed under Section 22.092(e), |
|
|
make a determination whether the person engaged in misconduct; and |
|
|
(2) if the commissioner determines that the person |
|
|
engaged in misconduct described by Section 22.092(c)(1)(A) or (B), |
|
|
instruct the agency to add the person's name to the registry |
|
|
maintained under Section 22.091. |
|
|
(f) If a person entitled to a hearing under Subsection (a) |
|
|
requests a hearing as provided by Subsection (c) and the final |
|
|
decision in that hearing determines that the person engaged in |
|
|
misconduct described by Section 22.092(c)(1)(A) or (B), the |
|
|
commissioner shall instruct the agency to add the person's name to |
|
|
the registry maintained under Section 22.091. |
|
|
(g) If a person entitled to a hearing under Subsection (a) |
|
|
requests a hearing as provided by Subsection (c) and the final |
|
|
decision in that hearing determines that the person did not engage |
|
|
in misconduct described by Section 22.092(c)(1)(A) or (B), the |
|
|
commissioner shall instruct the agency to immediately discontinue |
|
|
providing the information under Subsection (d) indicating that the |
|
|
person is under investigation for alleged misconduct. |
|
|
(h) The commissioner shall adopt rules as necessary to |
|
|
implement this section. |
|
|
Sec. 22.094. COMPLIANCE MONITORING. The agency shall |
|
|
periodically conduct site visits and review the records of school |
|
|
districts, districts of innovation, open-enrollment charter |
|
|
schools, and shared services arrangements to ensure compliance with |
|
|
Section 22.091(b). |
|
|
SECTION 17. Section 39.0302(a), Education Code, is amended |
|
|
to read as follows: |
|
|
(a) During an agency investigation or audit of a school |
|
|
district under Section 39.0301(e) or (f), an accreditation |
|
|
investigation under Section 39.057(a)(8) or (14), a compliance |
|
|
review under Section 21.006(j), 22.092(l), or 22.094, or an |
|
|
investigation by the State Board for Educator Certification of an |
|
|
educator for an alleged violation of an assessment instrument |
|
|
security procedure established under Section 39.0301(a), the |
|
|
commissioner may issue a subpoena to compel the attendance of a |
|
|
relevant witness or the production, for inspection or copying, of |
|
|
relevant evidence that is located in this state. |
|
|
SECTION 18. The Texas Education Agency shall establish the |
|
|
registry of persons who are not eligible to be employed by a school |
|
|
district, district of innovation, open-enrollment charter school, |
|
|
regional education service center, or shared services arrangement, |
|
|
as required by Section 22.091, Education Code, as added by this Act, |
|
|
as soon as practicable and not later than January 1, 2018. |
|
|
SECTION 19. This Act takes effect September 1, 2017. |