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AN ACT
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relating to the reporting of private school educator misconduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42.018, Code of Criminal Procedure, is |
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amended by adding Subsections (c) and (d) to read as follows: |
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(c) Not later than the fifth day after the date a person who |
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is employed by a private school is convicted or granted deferred |
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adjudication on the basis of an offense, the clerk of the court in |
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which the conviction or deferred adjudication is entered shall |
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provide to the chief administrative officer of the private school |
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at which the person is employed written notice of the person's |
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conviction or deferred adjudication, including the offense on which |
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the conviction or deferred adjudication was based. |
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(d) In this article, "private school" has the meaning |
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assigned by Section 5.001, Education Code. |
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SECTION 2. Subchapter A, Chapter 21, Education Code, is |
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amended by adding Section 21.0062 to read as follows: |
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Sec. 21.0062. REQUIREMENT TO REPORT MISCONDUCT: PRIVATE |
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SCHOOLS. (a) In this section: |
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(1) "Abuse" has the meaning assigned by Section |
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261.001, Family Code, and includes any sexual conduct involving a |
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student or minor and private school educator. |
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(2) "Private school educator" means a person employed |
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by or seeking employment in a private school for a position in which |
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the person would be required to hold a certificate issued under |
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Subchapter B if the person were employed by a school district. |
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(b) In addition to the reporting requirement under Section |
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261.101, Family Code, the chief administrative officer of a private |
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school shall notify the State Board for Educator Certification if a |
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private school educator: |
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(1) has a criminal record and the private school |
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obtained information about the educator's criminal record; or |
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(2) was terminated and there is evidence that the |
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educator: |
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(A) abused or otherwise committed an unlawful act |
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with a student or minor; or |
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(B) was involved in a romantic relationship with |
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or solicited or engaged in sexual contact with a student or minor. |
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(c) If there is evidence that a private school educator may |
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have engaged in misconduct described by Subsection (b) and the |
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educator resigns from employment before completion of the |
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investigation, the chief administrative officer of the private |
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school shall submit the evidence of misconduct collected to the |
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State Board for Educator Certification. |
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(d) The chief administrative officer of the private school |
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must notify the State Board for Educator Certification by filing a |
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report with the board not later than the seventh business day after |
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the date the chief administrative officer knew that a private |
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school educator: |
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(1) has a criminal record under Subsection (b)(1); or |
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(2) was terminated following an alleged incident of |
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misconduct described by Subsection (b)(2). |
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(e) The report filed under Subsection (d) 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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(f) Any person who knows or has reason to believe that a |
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private school educator engaged in the misconduct described by |
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Subsection (b)(2) may file a report with the State Board for |
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Educator Certification under this section. |
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(g) A chief administrative officer of a private school or |
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any other person who in good faith files a report with the State |
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Board for Educator Certification under this section or communicates |
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with a chief administrative officer or other administrator of a |
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private school concerning the criminal record of or an alleged |
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incident of misconduct by a private school educator is immune from |
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civil or criminal liability that might otherwise be incurred or |
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imposed. |
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(h) The name of a student or minor who is the victim of abuse |
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or unlawful conduct by a private school educator must be included in |
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a report filed under this section, but the name of the student or |
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minor is not public information under Chapter 552, Government Code. |
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(i) The State Board for Educator Certification shall |
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propose rules as necessary to implement this section. |
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SECTION 3. Section 21.009(a), Education Code, is amended to |
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read as follows: |
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(a) An applicant for a position described by Section |
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21.003(a) or (b) with a school district, district of innovation, |
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open-enrollment charter school, private school, regional education |
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service center, or shared services arrangement must submit, using a |
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form adopted by the agency, a pre-employment affidavit disclosing |
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whether the applicant has ever been charged with, adjudicated for, |
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or convicted of having an inappropriate relationship with a minor. |
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SECTION 4. Section 21.0581(a), Education Code, is amended |
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to read as follows: |
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(a) The board may suspend or revoke a certificate held by a |
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person under this subchapter, impose other sanctions against the |
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person, or refuse to issue a certificate to the person under this |
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subchapter if: |
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(1) the person assists another person in obtaining |
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employment at a school district, private school, or open-enrollment |
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charter school, other than by the routine transmission of |
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administrative and personnel files; and |
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(2) the person knew that the other person has |
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previously engaged in sexual misconduct with a minor or student in |
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violation of the law. |
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SECTION 5. Sections 21.355(c) and (d), Education Code, are |
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amended to read as follows: |
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(c) At the request of a school district, [or] |
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open-enrollment charter school, or private school at which a |
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teacher or administrator has applied for employment, a school |
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district or an open-enrollment charter school shall [may] give the |
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requesting district or school a document evaluating the performance |
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of a teacher or administrator employed by the school. |
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(d) A school district or open-enrollment charter school |
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shall [may] give the agency a document evaluating the performance |
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of a teacher or administrator employed by the district or school for |
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purposes of an investigation conducted by the agency. |
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SECTION 6. Article 42.018(c), Code of Criminal Procedure, |
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as added by this Act, applies only to a judgment of conviction or |
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order granting deferred adjudication community supervision entered |
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on or after the effective date of this Act. |
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SECTION 7. As soon as practicable after the effective date |
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of this Act, the commissioner of education and the State Board of |
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Education, on the recommendation of the State Board for Educator |
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Certification, shall adopt rules as necessary to implement Section |
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21.0062, Education Code, as added by this Act. |
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SECTION 8. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1230 passed the Senate on |
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April 11, 2019, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1230 passed the House on |
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May 22, 2019, by the following vote: Yeas 144, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |