86R1462 MEW-D
  By: Bettencourt, et al. S.B. No. 933
  relating to the creation of the office of inspector general at the
  Texas Education Agency to investigate the administration of public
         SECTION 1.  Chapter 7, Education Code, is amended by adding
  Subchapter E to read as follows:
         Sec. 7.151.  DEFINITIONS. In this subchapter:
               (1)  "Fraud" means an intentional deception or
  misrepresentation made by a person with the knowledge that the
  deception could result in some unauthorized benefit to that person
  or some other person. The term includes any act that constitutes
  fraud under applicable federal or state law.
               (2)  "Office" means the office of inspector general
  established under this subchapter.
         Sec. 7.152.  OFFICE OF INSPECTOR GENERAL. (a)  The office of
  inspector general is established as a division within the agency.
         (b)  The commissioner shall appoint an inspector general to
  serve as director of the office.  The inspector general serves until
  removed by the commissioner.
         Sec. 7.153.  GENERAL RESPONSIBILITIES. (a)  The office is
  responsible for the investigation, prevention, and detection of
  criminal misconduct and wrongdoing and of fraud, waste, and abuse
  in the administration of public education by school districts,
  open-enrollment charter schools, regional education service
  centers, and other local education agencies in this state.
         (b)  The office shall investigate allegations of fraud,
  waste, and abuse and violations of this code or other law.
         (c)  The office may:
               (1)  conduct criminal, civil, and administrative
  investigations and initiate reviews of a school district,
  open-enrollment charter school, regional education service center,
  or other local education agency as considered appropriate by the
  inspector general;
               (2)  receive and investigate complaints from any source
  on its own initiative; and
               (3)  conduct special accreditation investigations
  authorized by the commissioner under Section 39.057(a).
         (d)  The office shall perform all other duties and exercise
  all other powers granted to the office by this subchapter or another
         Sec. 7.154.  GENERAL POWERS. The office has all the powers
  necessary or appropriate to carry out its responsibilities and
  functions under this subchapter and other law.
         Sec. 7.155.  SUBPOENAS. (a) The inspector general may issue
  a subpoena to compel the attendance of a relevant witness at a
  hearing or deposition under this subchapter or to compel the
  production, for inspection or copying, of books, papers, records,
  documents, or other relevant materials, including electronic data,
  in connection with an investigation, review, hearing, or deposition
  conducted under this subchapter.
         (b)  A subpoena may be served personally or by certified
  mail. If a person fails to comply with a subpoena, the inspector
  general, acting through the attorney general, may file suit to
  enforce the subpoena in a district court in this state.
         (c)  On finding that good cause exists for issuing the
  subpoena, the court shall order the person to comply with the
  subpoena. The court may hold in contempt a person who fails to obey
  the court order.
  OTHER ENTITIES. (a) The office may provide information and
  evidence relating to criminal acts to the State Auditor's Office
  and appropriate law enforcement officials.
         (b)  The office may refer matters for further civil,
  criminal, and administrative action to appropriate administrative
  and prosecutorial agencies, including the attorney general.
         SECTION 2.  Section 39.057(a), Education Code, is amended to
  read as follows:
         (a)  The commissioner may authorize special accreditation
  investigations to be conducted:
               (1)  when excessive numbers of absences of students
  eligible to be tested on state assessment instruments are
               (2)  when excessive numbers of allowable exemptions
  from the required state assessment instruments are determined;
               (3)  in response to complaints submitted to the agency
  with respect to alleged violations of civil rights or other
  requirements imposed on the state by federal law or court order;
               (4)  in response to established compliance reviews of
  the district's financial accounting practices and state and federal
  program requirements;
               (5)  when extraordinary numbers of student placements
  in disciplinary alternative education programs, other than
  placements under Sections 37.006 and 37.007, are determined;
               (6)  in response to an allegation involving a conflict
  between members of the board of trustees or between the board and
  the district administration if it appears that the conflict
  involves a violation of a role or duty of the board members or the
  administration clearly defined by this code;
               (7)  when excessive numbers of students in special
  education programs under Subchapter A, Chapter 29, are assessed
  through assessment instruments developed or adopted under Section
               (8)  in response to an allegation regarding or an
  analysis using a statistical method result indicating a possible
  violation of an assessment instrument security procedure
  established under Section 39.0301, including for the purpose of
  investigating or auditing a school district under that section;
               (9)  when a significant pattern of decreased academic
  performance has developed as a result of the promotion in the
  preceding two school years of students who did not perform
  satisfactorily as determined by the commissioner under Section
  39.0241(a) on assessment instruments administered under Section
  39.023(a), (c), or (l);
               (10)  when excessive numbers of students eligible to
  enroll fail to complete an Algebra II course or any other advanced
  course as determined by the commissioner;
               (11)  when resource allocation practices as evaluated
  under Section 39.0821 indicate a potential for significant
  improvement in resource allocation;
               (12)  when a disproportionate number of students of a
  particular demographic group is graduating with a particular
  endorsement under Section 28.025(c-1);
               (13)  when an excessive number of students is
  graduating with a particular endorsement under Section
               (14)  in response to a complaint submitted to the
  agency with respect to alleged inaccurate data that is reported
  through the Public Education Information Management System (PEIMS)
  or through other reports required by state or federal law or rule or
  court order and that is used by the agency to make a determination
  relating to public school accountability, including accreditation,
  under this chapter;
               (15)  when a school district for any reason fails to
  produce, at the request of the agency, evidence or an investigation
  report relating to an educator who is under investigation by the
  State Board for Educator Certification; [or]
               (16)  by the office of inspector general for the
  purpose of investigating allegations of fraud, waste, and abuse in
  the administration of public education; or
               (17)  as the commissioner otherwise determines
         SECTION 3.  This Act takes effect September 1, 2019.