86R3221 TSS-F
 
  By: Bettencourt S.B. No. 1230
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the reporting of private school educator misconduct.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 42.018, Code of Criminal Procedure, is
  amended by adding Subsections (c) and (d) to read as follows:
         (c)  Not later than the fifth day after the date a person who
  is employed by a private school is convicted or granted deferred
  adjudication on the basis of an offense, the clerk of the court in
  which the conviction or deferred adjudication is entered shall
  provide to the chief administrative officer of the private school
  at which the person is employed written notice of the person's
  conviction or deferred adjudication, including the offense on which
  the conviction or deferred adjudication was based.
         (d)  In this article, "private school" has the meaning
  assigned by Section 5.001, Education Code.
         SECTION 2.  Subchapter A, Chapter 21, Education Code, is
  amended by adding Sections 21.0062 and 21.0063 to read as follows:
         Sec. 21.0062.  REQUIREMENT TO REPORT MISCONDUCT: PRIVATE
  SCHOOLS. (a)  In this section:
               (1)  "Abuse" has the meaning assigned by Section
  261.001, Family Code, and includes any sexual conduct involving a
  student or minor and private school educator.
               (2)  "Educator" means a person employed by or seeking
  employment in a private school for a position in which the person
  would be required to hold a certificate issued under Subchapter B if
  the person were employed by a school district.
         (b)  In addition to the reporting requirement under Section
  261.101, Family Code, the chief administrative officer of a private
  school shall notify the State Board for Educator Certification if
  an educator:
               (1)  has a criminal record and the private school
  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)  was terminated and there is evidence that the
  educator:
                     (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
               (3)  resigned and there is evidence that the educator
  had engaged in misconduct described by Subdivision (2). 
         (c)  The chief administrative officer of the private school
  shall complete an investigation of an educator that involves
  evidence that the educator may have engaged in misconduct described
  by Subsection (b), despite the educator's resignation from
  employment before completion of the investigation.
         (d)  The chief administrative officer of the private school
  must notify the State Board for Educator Certification by filing a
  report with the board not later than the seventh business day after
  the date the chief administrative officer knew or had reason to
  believe that an educator:
               (1)  has a criminal record under Subsection (b)(1); or
               (2)  was terminated or resigned following an alleged
  incident of misconduct described by Subsection (b)(2).
         (e)  The report filed under Subsection (d) must be:
               (1)  in writing; and
               (2)  in a form prescribed by the board.
         (f)  Any person who knows or has reason to believe that an
  educator engaged in the misconduct described by Subsection (b)(2)
  may file a report with the State Board for Educator Certification
  under this section.
         (g)  A chief administrative officer of a private school or
  any other person who in good faith files a report with the State
  Board for Educator Certification under this section or communicates
  with a chief administrative officer or other administrator of a
  private school concerning the criminal record of or an alleged
  incident of misconduct by an educator is immune from civil or
  criminal liability that might otherwise be incurred or imposed.
         (h)  The State Board for Educator Certification shall
  propose rules as necessary to implement this section.
         Sec. 21.0063.  ACCESS TO REPORTS OF ALLEGED MISCONDUCT.
  (a)  In this section, "educator" includes a person defined as an
  educator under Section 21.0062(a).
         (b)  The State Board for Educator Certification shall
  provide private schools and public schools equivalent access to
  reports made under this subchapter concerning the criminal record
  or alleged misconduct of an educator.
         SECTION 3.  Section 21.009(a), Education Code, is amended to
  read as follows:
         (a)  An applicant for a position described by Section
  21.003(a) or (b) with a school district, district of innovation,
  open-enrollment charter school, private school, regional education
  service center, or shared services arrangement must submit, using a
  form adopted by the agency, a pre-employment affidavit disclosing
  whether the applicant has ever been charged with, adjudicated for,
  or convicted of having an inappropriate relationship with a minor.
         SECTION 4.  Section 21.0581(a), Education Code, is amended
  to read as follows:
         (a)  The board may suspend or revoke a certificate held by a
  person under this subchapter, impose other sanctions against the
  person, or refuse to issue a certificate to the person under this
  subchapter if:
               (1)  the person assists another person in obtaining
  employment at a school district, private school, or open-enrollment
  charter school, other than by the routine transmission of
  administrative and personnel files; and
               (2)  the person knew that the other person has
  previously engaged in sexual misconduct with a minor or student in
  violation of the law.
         SECTION 5.  Article 42.018(c), Code of Criminal Procedure,
  as added by this Act, applies only to a judgment of conviction or
  order granting deferred adjudication community supervision entered
  on or after the effective date of this Act.
         SECTION 6.  As soon as practicable after the effective date
  of this Act, the commissioner of education and the State Board of
  Education, on the recommendation of the State Board for Educator
  Certification, shall adopt rules as necessary to implement Sections
  21.0062 and 21.0063, Education Code, as added by this Act.
         SECTION 7.  This Act takes effect September 1, 2019.