86R291 GCB-F
 
  By: Bettencourt S.B. No. 1256
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to employing, terminating, and reporting the misconduct of
  public school personnel and related entity personnel, including
  creating a registry of persons ineligible for hire; creating
  criminal offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 7.028(a), Education Code, is amended to
  read as follows:
         (a)  Except as provided by Section 21.006(k), 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 Chapters 39 and 39A.
         SECTION 2.  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;
                     (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 3.  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 22.091.
         SECTION 4.  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 5.  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 6.  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 7.  Section 21.006, Education Code, is amended by
  adding Subsection (k) to read as follows:
         (k)  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 8.  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 9.  Subchapter C, Chapter 22, Education Code, is
  amended by adding Section 22.0815 to read as follows:
         Sec. 22.0815.  APPLICABILITY OF SUBCHAPTER TO DISTRICTS OF
  INNOVATION. (a) A district of innovation is subject to a
  prohibition, restriction, or requirement imposed by this
  subchapter on an open-enrollment charter school.
         (b)  The failure of a district of innovation to provide
  information required under Section 22.0832 may result in
  termination of the district's designation as a district of
  innovation.
         SECTION 10.  Section 22.085, Education Code, is amended by
  amending Subsection (a) and adding Subsection (g) 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 convicted of:
               (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 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].
         (g)  A school district, open-enrollment charter school, or
  shared services arrangement shall promptly notify the agency for
  purposes of Section 22.091 that the district, school, or shared
  services arrangement discharged or refused to hire an employee or
  applicant for employment as provided by this section. A school
  district, open-enrollment charter school, or shared services
  arrangement is not required to comply with this subsection if the
  district, 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 11.  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
  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 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 principal of a school district, district of
  innovation, or open-enrollment charter school campus must notify
  the superintendent or director of the school district, district of
  innovation, or charter school not later than the seventh business
  day after the date of an employee's termination of employment or
  resignation following an alleged incident of misconduct described
  by Subsection (c)(1).
         (f)  The superintendent or director must notify the
  commissioner by filing a report with the commissioner not later
  than the seventh business day after the date the superintendent or
  director receives a report from a principal under Subsection (e) or
  knew 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.
         (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 (f).
         (h)  A superintendent or director who in good faith and while
  acting in an official capacity files a report with the commissioner
  under Subsection (f) or a principal who in good faith and while
  acting in an official capacity notifies a superintendent or
  director under Subsection (e) 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 (f) 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 or director required to file a report
  under Subsection (f) commits an offense if the superintendent or
  director fails to file the report by the date required by that
  subsection with intent to conceal an employee's criminal record or
  alleged incident of misconduct. A principal required to notify a
  superintendent or director about an employee's alleged incident of
  misconduct under Subsection (e) commits an offense if the principal
  fails to provide the notice by the date required by that subsection
  with intent to conceal an employee's alleged incident of
  misconduct.  An offense under this subsection is a state jail
  felony.
         (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(f), 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 provided under Subsection (b).
         (d)  If a person who receives notice provided 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(f),
  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 12.  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), 22.092(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 13.  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, 2020.
         SECTION 14.  This Act takes effect September 1, 2019.