BILL ANALYSIS

 

 

 

C.S.H.B. 1551

By: Hickland

Public Education

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

In May 2022, a Belton ISD athletic trainer was arrested and charged with possession of pornographic images depicting children. The bill author has informed the committee that Belton ISD never notified parents of this occurrence and that parents only learned about the specific allegations that led to the teacher being arrested, later resigning, and ultimately being placed on the "Do Not Hire" list after submitting public information requests to the district. The bill author also informed the committee that this year, at least two separate instances have occurred in which an employee of a district in Bell County has been placed on administrative leave amid ongoing criminal investigations into misconduct. The bill author has further informed the committee that parents deserve to know if a potentially dangerous individual who is facing criminal charges is employed at their child's school. C.S.H.B. 1551 seeks to address this issue by requiring public school districts and open-enrollment charter schools to notify parents within two days of becoming aware that an employee of the district or charter school has been charged with certain offenses.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that rulemaking authority is expressly granted to the commissioner of education in SECTION 1 of this bill.

 

ANALYSIS

 

C.S.H.B. 1551 amends the Education Code to require a public school district or open-enrollment charter school, not later than the second school day after the district or charter school becomes aware that a district or charter school employee has been charged with one of the following offenses, to notify the parent or guardian of each student enrolled at the campus at which the employee is employed of the charged offense:

·       an offense for which a conviction or grant of deferred adjudication community supervision requires the defendant to register as a sex offender;

·       an offense against the person, if the victim of the offense was under 18 years of age at the time the offense was committed; or

·       a sale, distribution, or display of harmful material to a minor offense.

 

C.S.H.B. 1551 requires the notice to include the following information:

·       the employee's name and position;

·       whether the employee continues to be employed at the district or charter school;

·       the length of the employee's employment with the district or charter school;

·       the offense for which the employee is being charged; and

·       a statement that, under state and federal law, a person is presumed innocent until proven guilty.

The bill authorizes a district or charter school to include in the notice additional information regarding underlying facts or circumstances relating to the charged offense but prohibits the disclosure of the alleged victim's identity. The bill requires the commissioner of education by rule to establish guidelines for providing the notice during a period in which the district or charter school is closed.

 

C.S.H.B. 1551 applies beginning with the 2025-2026 school year.

 

EFFECTIVE DATE

 

On passage, or, if the bill does not receive the necessary vote, September 1, 2025.

 

COMPARISON OF INTRODUCED AND SUBSTITUTE

 

C.S.H.B. 1551 differs from the introduced in minor or nonsubstantive ways by conforming to certain bill drafting conventions.