Amend CSHB 3 (senate committee printing) as follows:

(1)  In SECTION 2.002 of the bill, in amended Section 7.028(a), Education Code (page 62, line 59), between "Section" and "29.001(5)", insert "21.006(k), 22.093(l), 22.096,".

(2)  After ARTICLE 2 of the bill (page 83, between lines 4 and 5), insert the following:

ARTICLE 2B. PROVISIONS REGARDING EMPLOYING, TERMINATING, AND REPORTING MISCONDUCT OF PUBLIC SCHOOL AND RELATED ENTITY PERSONNEL

SECTION 2B.__.  Section 12.027(a), Education Code, is amended to read as follows:

(a)  The State Board of Education may place on probation or revoke a home-rule school district charter of a school district if the board determines that the district:

(1)  committed a material violation of the charter, including by failure to comply with the duty to discharge or refuse to hire certain employees or applicants for employment, as provided by Section 12.0271;

(2)  failed to satisfy generally accepted accounting standards of fiscal management; or

(3)  failed to comply with this subchapter or other applicable federal or state law or rule.

SECTION 2B.__.  Subchapter B, Chapter 12, Education Code, is amended by adding Section 12.0271 to read as follows:

SECTION 2B.__.  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, F, and J, Chapter 39, and Chapter 39A; and

(J)  the duty to discharge or refuse to hire certain employees or applicants for employment under Section 12.1059.

SECTION 2B.__.  Section 12.063(a), Education Code, is amended to read as follows:

(a)  A board of trustees may place on probation or revoke a charter it grants if the board determines that the campus or program:

(1)  committed a material violation of the charter, including by failure to comply with the duty to discharge or refuse to hire certain employees or applicants for employment, as provided by Section 12.0631;

(2)  failed to satisfy generally accepted accounting standards of fiscal management; or

(3)  failed to comply with this subchapter, another law, or a state agency rule.

SECTION 2B.__.  Subchapter C, Chapter 12, Education Code, is amended by adding Section 12.0631 to read as follows:

SECTION 2B.__.  Section 12.1059, Education Code, is amended to read as follows:

Sec. 12.1059.  REQUIREMENTS [AGENCY APPROVAL REQUIRED] FOR EMPLOYMENT OF 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 22.092.

SECTION 2B.__.  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

(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 2B.__.  Subchapter D, Chapter 12, Education Code, is amended by adding Section 12.1151 to read as follows:

SECTION 2B.__.  Section 12A.008, Education Code, is amended by adding Subsection (b-1) to read as follows:

SECTION 2B.__.  Section 21.006, Education Code, is amended by amending Subsections (a), (b), (b-1), (b-2), (c-1), (d), and (e) and adding Subsections (g-1) and (k) 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.

(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, other charter entity, regional education service center, or shared services arrangement 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, other charter entity, service center, or shared services arrangement has a criminal record and the school district, district of innovation, charter school, other charter entity, 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, other charter entity, service center, or shared services arrangement was terminated and there is 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, other charter entity, 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, open-enrollment charter school, other charter entity, regional education service center, or shared services arrangement shall complete an investigation of an educator that involves evidence that the educator may have engaged in misconduct described by Subsection (b)(2)(A) or (A-1), despite the educator's resignation from employment before completion of the investigation.

(b-2)  The principal of a school district, district of innovation, [or] open-enrollment charter school, or other charter entity campus must notify the superintendent or director of the school district, district of innovation, [or] charter school, or other charter entity not later than the seventh business day after the date:

(1)  of an educator's termination of employment or resignation following an alleged incident of misconduct described by Subsection (b); or

(2)  the principal knew about an educator's criminal record under Subsection (b)(1).

(c-1)  The report under Subsection (c):

(1)  must be:

(A) [(1)]  in writing; and

(B) [(2)]  in a form prescribed by the board; and

(2)  may be filed through the Internet portal developed and maintained by the State Board for Educator Certification under Subsection (g-1).

(d)  The superintendent or director shall notify the board of trustees or governing body of the school district, open-enrollment charter school, other charter entity, regional education service center, or shared services arrangement and the educator of the filing of the report required by Subsection (c).

(e)  A superintendent, director, or principal of a school district, district of innovation, open-enrollment charter school, other charter entity, regional education service center, or shared services arrangement who in good faith and while acting in an official capacity files a report with the State Board for Educator Certification under this section or communicates with another superintendent, director, or principal concerning an educator's criminal record or alleged incident of misconduct is immune from civil or criminal liability that might otherwise be incurred or imposed.

SECTION 2B.__.  Section 21.0061, Education Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows:

(a)  The board of trustees or governing body of a school district, district of innovation, open-enrollment charter school, other charter entity, regional education service center, or shared services arrangement shall adopt a policy under which notice is provided to the parent or guardian of a student with whom an educator is alleged to have engaged in misconduct described by Section 21.006(b)(2)(A) or (A-1) informing the parent or guardian:

(1)  that the alleged misconduct occurred;

(2)  whether the educator was terminated following an investigation of the alleged misconduct or resigned before completion of the investigation; and

(3)  whether a report was submitted to the State Board for Educator Certification concerning the alleged misconduct.

SECTION 2B.__.  Subchapter B, Chapter 21, Education Code, is amended by adding Section 21.0585 to read as follows:

SECTION 2B.__.  Subchapter C, Chapter 22, Education Code, is amended by adding Sections 22.0815 and 22.0825 to read as follows:

SECTION 2B.__.  The heading to 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.

SECTION 2B.__.  Sections 22.085(a) and (e), Education Code, are amended to read as follows:

(a)  A school district, open-enrollment charter school, or shared services arrangement shall discharge or refuse to hire an employee or applicant for employment if the district, school, or shared services arrangement obtains information through a criminal history record information review that[:

[(1)]  the employee or applicant has been:

(1)  convicted of or placed on deferred adjudication community supervision for[:

[(A)     a felony offense under Title 5, Penal Code;

[(B)]  an offense for [on conviction of] which a defendant is required to register as a sex offender under Chapter 62, Code of Criminal Procedure; or

(B) [(C)]  an offense under the laws of another state or federal law that is equivalent to an offense under Subdivision (1) or Paragraph (A) [or (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].

(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:

(1)  convicted of or placed on deferred adjudication community supervision for an offense described by Subsection (a)(1); or

(2)  convicted of an offense described by Subsection (a)(2) [(a)].

SECTION 2B.__.  Chapter 22, Education Code, is amended by adding Subchapter C-1 to read as follows:

SECTION 2B.__.  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(k), 22.093(l), or 22.096, 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.

(3)  Add the following appropriately numbered SECTIONS to ARTICLE 6 of the bill and renumber subsequent SECTIONS of that article accordingly:

SECTION 6.__.  As soon as practicable after September 1, 2019:

(1)  the State Board for Educator Certification shall develop the Internet portal required by Section 21.006(g-1), Education Code, as added by this Act; and

(2)  the Texas Education Agency shall develop the Internet portal required by Section 22.095, Education Code, as added by this Act.

SECTION 6.__.  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, other charter entity, regional education service center, or shared services arrangement, as required by Section 22.092, Education Code, as added by this Act, as soon as practicable after September 1, 2019, and not later than January 1, 2020.