By: Shaheen H.B. No. 117
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the appointment of an inspector general for education
  and the creation of a division of inspector general for education in
  the governor's office to investigate the administration of public
  education.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 39.003(a), Education Code, is amended to
  read as follows:
         (a)  The commissioner may authorize special investigations
  to be conducted:
               (1)  when excessive numbers of absences of students
  eligible to be tested on state assessment instruments are
  determined;
               (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
  39.023(b);
               (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 (1);
               (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
  28.025(c-1);
               (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 10 percent or more of the students
  graduating in a particular school year from a particular high
  school campus are awarded a diploma based on the determination of an
  individual graduation committee under Section 28.0258;
               (16)  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]
               (17)  by the division of inspector general for
  education established under Chapter 452, Government Code, for the
  purpose of investigating:
                     (A)  allegations of fraud, waste, and abuse in the
  administration of public education;
                     (B)  violations of school safety and security,
  including audits conducted under Section 37.108, Section 37.1081,
  Section 37.1082, and Section 37.109, and other violations of this
  code; and
                     (C)  violations of this code by school employees,
  school representatives, or contractors involved in public schools;
  or
               (18)  as the commissioner otherwise determines
  necessary.
         SECTION 2.  Subtitle D, Title 4, Government Code, is amended
  by adding Chapter 452 to read as follows:
  CHAPTER 452. INSPECTOR GENERAL FOR EDUCATION
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 452.001.  DEFINITIONS. In this chapter:
               (1)  "Division" means the division of inspector general
  for education established under this chapter.
               (2)  "Fraud" means an intentional deception or
  misrepresentation made by a person with the knowledge that the
  deception or misrepresentation 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.
               (3)  "Local education agency" includes a school
  district or county system described by Subchapter G, Chapter 11,
  Education Code.
         Sec. 452.002.  DIVISION OF INSPECTOR GENERAL FOR EDUCATION.
  (a) The division of inspector general for education is established
  in the office of the governor.
         (b)  The governor shall appoint an inspector general to serve
  as director of the division. The inspector general serves until
  removed by the governor.
         (c)  The office of the governor shall provide staff and
  administrative resources and support services as necessary to
  ensure that investigations and reviews authorized by this chapter
  are conducted expeditiously.
         (d)  The commissioner shall provide the inspector general
  full access to all data under the agency's control, including all
  Public Education Information Management System (PEIMS) data and
  other data pertaining to school disciplinary records.
  SUBCHAPTER B. POWERS AND DUTIES
         Sec. 452.051.  GENERAL RESPONSIBILITIES. (a) The division
  is responsible for:
               (1)  the investigation, prevention, and detection of
  wrongdoing and 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; and
               (2)  the investigation of actions taken by school
  districts, open-enrollment charter schools, regional education
  service centers, and other local education agencies in this state
  in relation to violations of school safety and security and other
  violations of the Education Code.
         (b)  The division may investigate:
               (1)  allegations of fraud, waste, and abuse and
  violations of the Education Code or other law;
               (2)  violations of school safety and security,
  including audits under Section 37.108, Section 37.1081, Section
  37.1082, and Section 37.109; and
               (3)  allegations of violations of the Education Code.
         (c)  The division may:
               (1)  conduct civil and administrative investigations
  and initiate reviews of a school district, an open-enrollment
  charter school, a regional education service center, or another
  local education agency as considered appropriate by the inspector
  general;
               (2)  conduct audits of the use of funds, including
  funds used for school security, by a school district, an
  open-enrollment charter school, a regional education service
  center, or another local education agency;
               (3)  receive complaints from any source and investigate
  on its own initiative;
               (4)  conduct special investigations authorized by the
  commissioner of education under Section 39.003(a), Education Code;
               (5)  make findings of fact that a school district, an
  open-enrollment charter school, a regional education service
  center, or another local education agency or an employee or agent
  of one of those entities committed an act of wrongdoing, fraud,
  waste, or abuse in the administration of public education and take
  appropriate action as determined by the governor in consultation
  with the commissioner of education, regardless of any time
  requirement relating to the action under Chapter 8, 12, or 39A,
  Education Code;
               (6)  after finding that there has been a violation of
  school safety and security, prescribe binding corrective or
  disciplinary action to be taken; and
               (7)  review audits conducted under Section 37.108,
  Section 37.1081, Section 37.1082, and Section 37.109.
         (d)  The commissioner of education may take control of the
  management of any part of an entity described by Subsection (c)(5)
  for which the division finds a violation of school safety and
  security under Subsection (c)(6).
         (e)  The governor may order the division to conduct a
  forensic audit of any school district, open-enrollment charter
  school, regional education service center, or other local
  education agency in this state. The entity for which the audit was
  ordered shall pay the costs of the audit.
         (f)  The division shall perform all other duties and exercise
  all other powers granted to the division by this chapter or other
  law.
         Sec. 452.052.  GENERAL POWERS. (a) The division has all the
  powers necessary or appropriate to carry out its responsibilities
  and functions under this chapter and other law.
         (b)  Subject to Subsection (c), in conducting an
  investigation under this chapter of the board of trustees of a
  school district, the governing body of an open-enrollment charter
  school, the board of directors of a regional education service
  center or another local education agency, or the executive
  leadership of any of those entities, the division may:
               (1)  attend any meeting or proceeding of the school
  district, open-enrollment charter school, regional education
  service center, or other local education agency, including a
  meeting or proceeding that is closed to the public, except for a
  private consultation of the entity with its attorney permitted
  under Section 551.071; and
               (2)  inspect the records, documents, and files of the
  school district, open-enrollment charter school, regional
  education service center, or other local education agency,
  including any record, document, or file that is not subject to
  public disclosure under Chapter 552 or other law.
         (c)  The division's authority under Subsection (b) applies
  only to a meeting, a proceeding, or information that is relevant to
  the discovery of relevant information regarding an allegation of
  wrongdoing or a violation of the Education Code or of fraud, waste,
  or abuse in the administration of public education by a person or
  entity described by Subsection (b). The division may not inspect a
  record, document, or file that is a privileged communication
  between an individual and the individual's attorney.
         (d)  The inspection or disclosure of a record, document, or
  file for purposes of an investigation under this chapter is not a
  voluntary disclosure under Section 552.007. A record, document, or
  file made available to the division for purposes of an
  investigation under this chapter is not subject to public
  disclosure by the division.
         (e)  The inspector general may prescribe binding
  disciplinary action and a corrective timeline for any entity
  described by Subsection (b).
         (f)  The inspector general shall have full access to all data
  under the agency's control, including all Public Education
  Information Management System (PEIMS) data and other data
  pertaining to school disciplinary records.
         (g)  The inspector general may review all audits under
  conducted under Section 37.108, Section 37.1081, Section 37.1082,
  and Section 37.109. The inspector general may issue binding
  corrective timelines and disciplinary actions for emergency
  operations plan noncompliance.
         (h)  The commissioner may appoint the inspector general as a
  conservator under Section 37.1082.
         Sec. 452.053.  SUBPOENAS. (a) The inspector general may
  issue a subpoena to compel the attendance of a relevant witness at
  a hearing or deposition under this chapter 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 chapter.
         (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.
         Sec. 452.054.  COOPERATION WITH OTHER ENTITIES. The
  division may refer matters for further civil and administrative
  action to appropriate administrative agencies, including the
  attorney general.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect on the 91st day after the last day of the
  legislative session.