89R19773 TYPED
 
  By: Leach H.B. No. 7
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to parental rights in public education and to the
  reporting of certain misconduct and child abuse and neglect;
  authorizing an administrative penalty; creating criminal offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. PARENTAL RIGHTS
         SECTION 1.01.  Section 7.057, Education Code, is amended by
  amending Subsections (a) and (e) and adding Subsections (c-1) and
  (g) to read as follows:
         (a)  Except as provided by Subsection (e), a person may
  appeal in writing to the commissioner if the person is aggrieved
  by[:
               [(1)  the school laws of this state; or
               [(2)]  actions or decisions of any school district
  board of trustees that violate:
               (1) [(A)]  the school laws of this state; or
               (2) [(B)]  a provision of a written employment contract
  between the school district and a school district employee, if a
  violation causes or would cause monetary harm to the employee.
         (c-1)  In an appeal against a school district, the
  commissioner may:
               (1)  if the record is insufficient for the commissioner
  to resolve the appeal, remand the case to the district and order an
  investigation and development of the record; or
               (2)  if the commissioner determines that an action or
  decision of the district's board of trustees violated a law or
  provision described by Subsection (a):
                     (A)  reverse the case or remand the case to the
  board of trustees for additional proceedings; and
                     (B)  order the board of trustees to take
  corrective action the commissioner determines appropriate to
  remedy the violation.
         (e)  This section does not apply to:
               (1)  a case to which Subchapter G, Chapter 21, applies;
  [or]
               (2)  a case involving extracurricular activities; or
               (3)  a student disciplinary action under Chapter 37.
         (g)  The commissioner may adopt rules as necessary to
  implement this section.
         SECTION 1.02.  Subchapter C, Chapter 7, Education Code, is
  amended by adding Sections 7.0571 and 7.0572 to read as follows:
         Sec. 7.0571.  REMAND. (a) In an appeal against a school
  district under Section 7.057, the commissioner may remand the case
  to the district for rehearing under Chapter 26A if the commissioner
  determines that the appeal would have likely succeeded on the
  merits if not for:
               (1)  a fatal procedural error at the district level;
               (2)  failure to allege the correct statutory violation;
  or
               (3)  failure to develop necessary evidence at the
  district level.
         (b)  In remanding a case under Subsection (a), the
  commissioner may:
               (1)  identify specific issues or law for the school
  district to address; and
               (2)  alter the timelines provided under Chapter 26A.
         (c)  A case remanded under this section may be appealed again
  under Section 7.057, and the timelines established by that section
  apply to the appeal unless the commissioner provides for a shorter
  timeline.
         (d)  The commissioner may adopt rules as necessary to
  implement this section.
         Sec. 7.0572.  DISPUTE RESOLUTION FACILITATION. (a) The
  commissioner shall develop a program for the training and review of
  dispute resolution facilitators.
         (b)  The commissioner shall establish requirements for a
  person to qualify as a dispute resolution facilitator under this
  section.
         (c)  In an appeal against a school district under Section
  7.057, the commissioner may refer to dispute resolution
  facilitation under this section a case involving a grievance by a
  parent of or person standing in parental relation to a student
  enrolled in the district arising from the parent's or person's
  status as a parent of or person standing in parental relation to the
  student if:
               (1)  the grievance does not allege:
                     (A)  conduct described by Section 7.057(a) or (e);
  or
                     (B)  conduct for which Title 1 or 2, other than
  Section 11.151(b), makes a specific decision of the district's
  board of trustees final and unappealable or not subject to review;
  and
               (2)  the commissioner determines that the district's
  conduct should be reviewed for substantial error that is apparent
  from the record.
         (d)  The commissioner shall appoint a dispute resolution
  facilitator to an appeal referred to dispute resolution
  facilitation under Subsection (c). A dispute resolution
  facilitator:
               (1)  shall:
                     (A)  propose factual findings related to the
  grievance;
                     (B)  consider information provided by the person
  who filed the grievance and the school district;
                     (C)  facilitate a resolution between the person
  who filed the grievance and the school district; and
                     (D)  if no resolution is possible, render a
  decision that includes findings of fact and conclusions of law; and
               (2)  may recommend a remand of the grievance or grant
  relief or redress to the person who filed the grievance in the same
  manner as the commissioner under Section 7.057.
         (e)  The commissioner may adopt or reject the final
  determination of a dispute resolution facilitator. If the
  commissioner rejects the determination, no decision on the matter
  is issued. If the commissioner adopts the determination, the
  determination is binding on the parties. A determination by the
  commissioner under this subsection is final and may not be
  appealed, including under Section 7.057(d).
         (f)  The school district against which the grievance was
  filed shall pay the cost of the dispute resolution facilitator, the
  hearing room, the certified court reporter at the hearing, and the
  production of any original hearing transcript.
         (g)  Section 7.057(a-1) applies to conduct that may be
  referred to dispute resolution facilitation under Subsection
  (c)(1).
         (h)  The commissioner may adopt rules as necessary to
  implement this section.
         SECTION 1.03.  Subchapter A, Chapter 11, Education Code, is
  amended by adding Section 11.004 to read as follows:
         Sec. 11.004.  COMPLIANCE WITH MANDATORY POLICY. A school
  district, the district's board of trustees, and the district's
  employees shall implement and comply with each policy the district
  is required to adopt under this code or other law.
         SECTION 1.04.  The heading to Section 11.1518, Education
  Code, is amended to read as follows:
         Sec. 11.1518.  TRUSTEE INFORMATION [POSTED ON WEBSITE].
         SECTION 1.05.  Section 11.1518, Education Code, is amended
  by amending Subsection (c) and adding Subsections (d) and (e) to
  read as follows:
         (c)  Not later than the 30th day after a new person is sworn
  in as a member [Each time there is a change in the membership] of a
  school district's board of trustees, the district shall update the
  information required under Subsection (a) and, as applicable:
               (1)  post the updated information on the district's
  Internet website; or
               (2)  submit the updated information to the agency for
  posting on the agency's Internet website in accordance with
  Subsection (b).
         (d)  A school district shall annually submit to the agency
  the information required under Subsection (a) for each member of
  the district's board of trustees. The information must:
               (1)  identify the member designated as chair; and
               (2)  be updated as required by Subsection (c).
         (e)  The commissioner may adopt rules as necessary to
  implement this section.
         SECTION 1.06.  Section 12A.004(a), Education Code, is
  amended to read as follows:
         (a)  A local innovation plan may not provide for the
  exemption of a district designated as a district of innovation from
  the following provisions of this title:
               (1)  a state or federal requirement applicable to an
  open-enrollment charter school operating under Subchapter D,
  Chapter 12;
               (2)  Subchapters A, C, D, and E, Chapter 11, except that
  a district may be exempt from Sections 11.1511(b)(5) and (14) and
  Section 11.162;
               (3)  the grievance policy under Chapter 26A;
               (4)  state curriculum and graduation requirements
  adopted under Chapter 28; and
               (5) [(4)]  academic and financial accountability and
  sanctions under Chapters 39 and 39A.
         SECTION 1.07.  Section 21.048(c-1), Education Code, is
  amended to read as follows:
         (c-1)  The results of an examination administered under this
  section are confidential and are not subject to disclosure under
  Chapter 552, Government Code, unless the disclosure is regarding
  notification to a parent of the assignment of an uncertified
  teacher to a classroom as required by Section 26.0083 [21.057].
         SECTION 1.08.  Chapter 26, Education Code, is amended by
  adding Sections 26.0021 and 26.0022 to read as follows:
         Sec. 26.0021.  PARENTAL RIGHTS INFORMATION. (a) The agency
  shall create and maintain a document that informs a parent of the
  parent's rights regarding the education of the parent's child
  provided under this chapter.
         (b)  The document must:
               (1)  include information regarding accessing the
  contents of this chapter;
               (2)  be made publicly available in a prominent place on
  the Internet website of the agency and each school district; and
               (3)  be provided to parents at the beginning of each
  school year in an electronic or hard copy format.
         Sec. 26.0022.  RIGHT TO SELECT EDUCATIONAL SETTING. A
  parent is entitled to choose the educational setting for the
  parent's child, including public school, private school, or home
  school.
         SECTION 1.09.  Section 26.004(b), Education Code, is amended
  to read as follows:
         (b)  A parent is entitled to access to all written records of
  a school district concerning the parent's child, including:
               (1)  attendance records;
               (2)  test scores;
               (3)  grades;
               (4)  disciplinary records;
               (5)  counseling records;
               (6)  psychological records;
               (7)  applications for admission;
               (8)  health and immunization information;
               (9)  teacher and school counselor evaluations;
               (10)  reports of behavioral patterns; [and]
               (11)  records relating to assistance provided for
  learning difficulties, including information collected regarding
  any intervention strategies used with the child; and
               (12)  records relating to library materials checked out
  by the child from a school library.
         SECTION 1.10.  Section 26.006, Education Code, is amended by
  adding Subsection (g) to read as follows:
         (g)  Each school district and open-enrollment charter school
  shall post on the home page of the district's or school's Internet
  website a notice stating that a parent of a student enrolled in the
  district or school is entitled to review the materials described by
  Subsection (a)(1) and may request that the district or school make
  the materials available for review as provided by this section.
         SECTION 1.11.  Chapter 26, Education Code, is amended by
  adding Section 26.0062 to read as follows:
         Sec. 26.0062.  REQUIRED DISCLOSURE REGARDING INSTRUCTIONAL
  PLAN. (a) Each school district shall adopt a policy to make
  available on the district's Internet website at the beginning of
  each semester an instructional plan or course syllabus for each
  class offered in the district for that semester.
         (b)  The policy adopted under Subsection (a) must:
               (1)  require each teacher to provide before the
  beginning of each semester a copy of the teacher's instructional
  plan or course syllabus for each class for which the teacher
  provides instruction to:
                     (A)  district administration; and
                     (B)  the parent of each student enrolled in the
  class; and
               (2)  provide for additional copies of an instructional
  plan or course syllabus to be made available to a parent of a
  student enrolled in the class on the parent's request.
         SECTION 1.12.  Section 21.057, Education Code, is
  transferred to Chapter 26, Education Code, redesignated as Section
  26.0083, Education Code, and amended to read as follows:
         Sec. 26.0083 [21.057].  PARENTAL NOTIFICATION REGARDING
  TEACHER CERTIFICATION. (a) A school district that assigns an
  inappropriately certified or uncertified teacher to the same
  classroom for more than 30 consecutive instructional days during
  the same school year shall provide written notice of the assignment
  to a parent or guardian of each student in that classroom.
         (b)  The superintendent of the school district shall provide
  the notice required by Subsection (a) not later than the 30th
  instructional day after the date of the assignment of the
  inappropriately certified or uncertified teacher.
         (c)  The school district shall:
               (1)  make a good-faith effort to ensure that the notice
  required by this section is provided in a bilingual form to any
  parent or guardian whose primary language is not English;
               (2)  retain a copy of any notice provided under this
  section; and
               (3)  make information relating to teacher
  certification available to the public on request.
         (d)  For purposes of this section, "inappropriately
  certified or uncertified teacher":
               (1)  includes:
                     (A)  an individual serving on an emergency
  certificate issued under Section 21.041(b)(2); or
                     (B)  an individual who does not hold any
  certificate or permit issued under this chapter and is not employed
  as specified by Subdivision (2)(E); and
               (2)  does not include an individual:
                     (A)  who is a certified teacher assigned to teach
  a class or classes outside his or her area of certification, as
  determined by rules proposed by the board in specifying the
  certificate required for each assignment;
                     (B)  serving on a certificate issued due to a
  hearing impairment under Section 21.048;
                     (C)  serving on a certificate issued pursuant to
  enrollment in an approved alternative certification program under
  Section 21.049;
                     (D)  certified by another state or country and
  serving on a certificate issued under Section 21.052;
                     (E)  serving on a school district teaching permit
  issued under Section 21.055; or
                     (F)  employed under a waiver granted by the
  commissioner pursuant to Section 7.056.
         (e)  This section does not apply if a school is required in
  accordance with Section 1006, Every Student Succeeds Act (20 U.S.C.
  Section 6312(e)(1)(B)(ii)), to provide notice to a parent or
  guardian regarding a teacher who does not meet certification
  requirements at the grade level and subject area in which the
  teacher is assigned, provided the school provides notice as
  required by that Act.
         SECTION 1.13.  Section 26.009, Education Code, is amended by
  amending Subsections (a) and (b) and adding Subsections (a-1),
  (a-2), (c), and (d) to read as follows:
         (a)  An employee or contractor of a school district must
  obtain the written consent of a child's parent in the manner
  required by Subsection (a-2) before the employee or contractor may:
               (1)  conduct a psychological or psychiatric
  examination or[,] test[,] or psychological or psychiatric
  treatment, unless the examination, test, or treatment is required
  under Section 38.004 or state or federal law regarding requirements
  for special education; or
               (2)  subject to Subsection (b), make or authorize the
  making of a videotape of a child or record or authorize the
  recording of a child's voice.
         (a-1)  For purposes of Subsection (a):
               (1)  "Psychological or psychiatric examination or
  test" means a method designed to elicit information regarding an
  attitude, habit, trait, opinion, belief, feeling, or mental
  disorder or a condition thought to lead to a mental disorder,
  regardless of the manner in which the method is presented or
  characterized, including a method that is presented or
  characterized as a survey, check-in, or screening or is embedded in
  an academic lesson.
               (2)  "Psychological or psychiatric treatment" means
  the planned, systematic use of a method or technique that is
  designed to affect behavioral, emotional, or attitudinal
  characteristics of an individual or group.
         (a-2)  Written consent for a parent's child to participate in
  a district activity described by Subsection (a) must be obtained
  for each separate activity in which the child participates, and
  each written consent must be signed by the parent and returned to
  the district. A child may not participate in the activity unless
  the district receives the parent's signed written consent to that
  activity.
         (b)  An employee or contractor of a school district is not
  required to obtain the consent of a child's parent before the
  employee or contractor may make a videotape of a child or authorize
  the recording of a child's voice if the videotape or voice recording
  is to be used only for:
               (1)  purposes of safety, including the maintenance of
  order and discipline in common areas of the school or on school
  buses;
               (2)  a purpose related to a cocurricular or
  extracurricular activity;
               (3)  a purpose related to regular classroom
  instruction;
               (4)  media coverage of the school; or
               (5)  a purpose related to the promotion of student
  safety under Section 29.022.
         (c)  A school district shall retain the written informed
  consent of a child's parent obtained under this section as part of
  the child's education records.
         (d)  Nothing in this section may be construed to:
               (1)  require an employee or contractor of a school
  district to obtain the written consent of a child's parent before
  verbally asking the child about the child's general well-being;
               (2)  affect a child's consent to counseling under
  Section 32.004, Family Code; or
               (3)  affect the duty to report child abuse or neglect
  under Chapter 261, Family Code, or an investigation of a report of
  abuse or neglect under that chapter.
         SECTION 1.14.  Section 26.011(a), Education Code, is amended
  to read as follows:
         (a)  The board of trustees of each school district shall
  adopt a grievance procedure that complies with Chapter 26A under
  which the board shall address each complaint that the board
  receives concerning violation of a right guaranteed by this
  chapter.
         SECTION 1.15.  Subtitle E, Title 2, Education Code, is
  amended by adding Chapter 26A to read as follows:
  CHAPTER 26A. GRIEVANCE POLICY
         Sec. 26A.001.  GRIEVANCE POLICY. (a) The board of trustees
  of a school district shall adopt a grievance policy to address
  grievances received by the district.
         (b)  The policy must provide for the following levels of
  review, subject to Subsection (c):
               (1)  review by:
                     (A)  the principal of the school district campus
  at which the grievance is filed or the principal's designee; or
                     (B)  for a grievance that arises from subject
  matter unrelated to a campus, review by an administrator at the
  school district's central office;
               (2)  if established by the policy, an appeal to an
  administrator at the school district's central office;
               (3)  an appeal to the superintendent of the school
  district or the superintendent's designee; and
               (4)  an appeal to the board of trustees of the school
  district.
         (c)  A review or appeal on a grievance must be conducted by a
  person with the authority to address the grievance unless a
  preliminary hearing is necessary to develop a record or a
  recommendation for the board of trustees of the school district.
         (d)  The board of trustees of a school district may delegate
  the authority to hear and decide a grievance to a committee of at
  least three members composed only of members of the board of
  trustees. For purposes of an appeal to the commissioner under
  Section 7.057, a decision by the committee is a decision of the
  board of trustees.
         (e)  The policy must:
               (1)  prohibit the board of trustees of the school
  district or a district employee from retaliating against a student
  or parent of or person standing in parental relation to a student
  who files a grievance in accordance with the policy;
               (2)  require a person involved in reviewing a grievance
  under the policy to recuse himself or herself from reviewing the
  grievance if the person is the subject of the grievance;
               (3)  provide for a higher level of review under
  Subsection (b) if the person who would otherwise review the
  grievance is required to recuse himself or herself under
  Subdivision (2);
               (4)  provide for the creation and retention of a record
  of each hearing on the grievance, including:
                     (A)  documents submitted by the person who filed
  the grievance or determined relevant by school district personnel;
  and
                     (B)  a written record of the decision, including
  an explanation of the basis for the decision and an indication of
  each document that supports the decision;
               (5)  allow the person who filed the grievance to
  supplement the record with additional documents or add additional
  claims;
               (6)  allow for a remand to a lower level of review under
  Subsection (b) to develop a record at any time, including at the
  board of trustees level of review;
               (7)  require the school district to direct a grievance
  that is filed with the incorrect administrator to the appropriate
  administrator and consider the grievance filed on the date on which
  the grievance was initially filed; and
               (8)  for a grievance before the board of trustees of the
  school district, require that:
                     (A)  the person who filed the grievance be
  provided at least five business days before the date on which the
  meeting to discuss the grievance will be held a description of any
  information the board of trustees intends to rely on that is not
  contained in the record; and
                     (B)  the meeting at which the grievance is
  discussed be recorded by video or audio recording or by transcript
  created by a certified court reporter.
         Sec. 26A.002.  TIMELINES FOR FILING AND APPEAL. The policy
  adopted under Section 26A.001 must:
               (1)  provide at least:
                     (A)  for a grievance filed by a parent of or person
  standing in parental relation to a student enrolled in the school
  district:
                           (i)  60 days to file a grievance from the
  date on which the parent or person knew or had reason to know of the
  facts giving rise to the grievance; or
                           (ii)  if the parent or person engaged in
  informal attempts to resolve the grievance, the later of 90 days to
  file a grievance from the date described by Subparagraph (i) or 30
  days to file a grievance from the date on which the district
  provided information to the parent or person regarding how to file
  the grievance; and
                     (B)  20 days to file an appeal after the date on
  which a decision on the grievance was made;
               (2)  for a hearing that is not before the board of
  trustees of the school district, require:
                     (A)  the district to hold a hearing not later than
  the 10th day after the date on which the grievance or appeal was
  filed; and
                     (B)  a written decision to be made not later than
  the 20th day after the date on which the hearing was held that
  includes:
                           (i)  any relief or redress to be provided;
  and
                           (ii)  information regarding filing an
  appeal, including the timeline to appeal under this section and
  Section 7.057, if applicable; and
               (3)  for a hearing before the board of trustees of the
  school district, require the board of trustees to:
                     (A)  hold a meeting to discuss the grievance not
  later than the 60th day after the date on which the previous
  decision on the grievance was made; and
                     (B)  make a decision on the grievance not later
  than the 30th day after the date on which the meeting is held under
  Paragraph (A).
         Sec. 26A.003.  POSTING OF PROCEDURES AND FORMS. (a) The
  board of trustees of a school district shall develop, make publicly
  available in a prominent location on the district's Internet
  website, and include in the district's student handbook:
               (1)  procedures for resolving grievances;
               (2)  standardized forms for filing a grievance, a
  notice of appeal, or a request for a hearing under this chapter; and
               (3)  the method by which a grievance may be filed
  electronically.
         (b)  A school district shall ensure that a grievance may be
  submitted electronically at the location on the district's Internet
  website at which the information described by Subsection (a) is
  available.
         (c)  A school district shall submit and make accessible to
  the agency the location on the district's Internet website at which
  the information described by Subsection (a) is available.
         SECTION 1.16.  Section 28.004, Education Code, is amended by
  adding Subsection (i-2) to read as follows:
         (i-2)  Before a student may be provided with human sexuality
  instruction, a school district must obtain the written consent of
  the student's parent. A request for written consent under this
  subsection:
               (1)  may not be included with any other notification or
  request for written consent provided to the parent, other than the
  notice provided under Subsection (i); and
               (2)  must be provided to the parent not later than the
  14th day before the date on which the human sexuality instruction
  begins.
         SECTION 1.17.  Section 12A.004(a), Education Code, as
  amended by this Act, applies to a local innovation plan adopted or
  renewed before, on, or after the effective date of this Act.
         SECTION 1.18.  (a) Except as provided by Subsection (b) of
  this section, this article applies beginning with the 2025-2026
  school year.
         (b)  The changes in law made by this article apply to an
  appeal filed with the commissioner of education on or after
  September 1, 2025. An appeal filed with the commissioner before
  September 1, 2025, is governed by the law in effect on the date the
  appeal was filed, and the former law is continued in effect for that
  purpose.
  ARTICLE 2. REPORTING OF MISCONDUCT AND CHILD ABUSE AND NEGLECT
         SECTION 2.01.  Article 42.018(a), Code of Criminal
  Procedure, is amended to read as follows:
         (a)  This article applies only to:
               (1)  conviction or deferred adjudication community
  supervision granted on the basis of:
                     (A)  an offense for which a conviction or grant of
  deferred adjudication community supervision requires the defendant
  to register as a sex offender under Chapter 62;
                     (B)  an offense under Section 21.12 or 43.24,
  Penal Code;
                     (C)  a felony offense under Chapter 43, Penal
  Code;
                     (D)  a felony offense involving school property;
  or
                     (E)  an offense under the laws of another state or
  federal law that is equivalent to an offense under Paragraph (A),
  (B), (C), or (D); or
               (2)  conviction of:
                     (A)  a felony [an] 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]; or
                     (B)  an offense under the laws of another state or
  federal law that is equivalent to an offense under Paragraph (A)
               [(3)  conviction or deferred adjudication community
  supervision granted on the basis of an offense under Section 43.24,
  Penal Code].
         SECTION 2.02.  Subtitle D, Title 2, Education Code, is
  amended by adding Chapter 22A, and a heading is added to that
  chapter to read as follows:
  CHAPTER 22A. EMPLOYEE AND SERVICE PROVIDER MISCONDUCT
         SECTION 2.03.  Chapter 22A, Education Code, as added by this
  Act, is amended by adding Subchapter A, and a heading is added to
  that subchapter to read as follows:
  SUBCHAPTER A. GENERAL PROVISIONS
         SECTION 2.04.  Section 21.006(a), Education Code, is
  transferred to Subchapter A, Chapter 22A, Education Code, as added
  by this Act, redesignated as Section 22A.001, Education Code, and
  amended to read as follows:
         Sec. 22A.001.  DEFINITIONS. [(a)] In this chapter
  [section]:
               (1)  "Abuse" has the meaning assigned by Section
  261.001, Family Code, and includes any sexual conduct involving [an
  educator and] a student or minor.
               (2)  "Board" means the State Board for Educator
  Certification.
               (3)  "Educational entity" means a school district,
  district of innovation, open-enrollment charter school, other
  charter entity, regional education service center, or shared
  services arrangement.
               (4)  "Other charter entity" means:
                     (A)  a school district operating under a home-rule
  school district charter adopted under Subchapter B, Chapter 12;
                     (B)  a campus or campus program operating under a
  charter granted under Subchapter C, Chapter 12; and
                     (C)  an entity that contracts to partner with a
  school district under Section 11.174(a)(2) to operate a district
  campus under a charter granted to the entity by the district under
  Subchapter C, Chapter 12.
               (5)  "Registry" means the registry of persons who are
  not eligible to be employed by or act as a service provider for an
  educational entity maintained under Section 22A.151.
               (6)  "Service provider" means a person who provides
  services to an educational entity. The term includes:
                     (A)  a contractor or subcontractor for an
  educational entity;
                     (B)  a provider of tutoring services for an
  educational entity;
                     (C)  an entity that has entered into a contract to
  operate a school district campus under Section 11.174;
                     (D)  a staffing provider for an educational
  entity; and
                     (E)  a person employed by or under the control of a
  person described by Paragraph (A), (B), (C), or (D).
         SECTION 2.05.  Subchapter A, Chapter 22A, Education Code, as
  added by this Act, is amended by adding Section 22A.002 to read as
  follows:
         Sec. 22A.002.  CONFIDENTIALITY. (a) Unless disclosure is
  required by other law and except as provided by Subsection (b), a
  complaint, statement, recording, note, file, record, memorandum,
  or report that is received, obtained, or created by the board or
  agency relating to the review or investigation of an allegation of
  misconduct involving a person who is an applicant for or holder of a
  certification or permit issued by the board or for which a person is
  required to be included in the registry is confidential and not
  subject to disclosure under Chapter 552, Government Code.
         (b)  Subsection (a) does not prohibit the disclosure of
  information described by Subsection (a) for purposes of:
               (1)  a report required under Subchapter B, Chapter 21,
  Subchapter C-1, Chapter 22, or this chapter; or
               (2)  an administrative or other legal proceeding
  brought under Chapter 2001, Government Code.
         SECTION 2.06.  Chapter 22A, Education Code, as added by this
  Act, is amended by adding Subchapter B, and a heading is added to
  that subchapter to read as follows:
  SUBCHAPTER B. REQUIRED MISCONDUCT REPORTING
         SECTION 2.07.  Sections 21.006(b), (b-1), (b-2), (c), (c-1),
  (c-2), (d), (e), (f), (g), (g-1), (h), (i), (j), and (k), Education
  Code, are transferred to Subchapter B, Chapter 22A, Education Code,
  as added by this Act, redesignated as Section 22A.051, Education
  Code, and amended to read as follows:
         Sec. 22A.051.  REQUIREMENT TO REPORT EDUCATOR MISCONDUCT TO
  BOARD. (a) [(b)] In addition to the reporting requirement under
  Section 261.101, Family Code, and except as provided by Subsection
  (f) [(c-2)], the superintendent or director of an educational
  entity [a school district, district of innovation, open-enrollment
  charter school, other charter entity, regional education service
  center, or shared services arrangement] shall notify the board
  [State Board for Educator Certification] if:
               (1)  an educator employed by or seeking employment by
  the entity [school district, district of innovation, charter
  school, other charter entity, service center, or shared services
  arrangement] has a criminal record and the entity [school district,
  district of innovation, charter school, other charter entity,
  service center, or shared services arrangement] 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)  an educator's employment at the entity [school
  district, district of innovation, charter school, other charter
  entity, service center, or shared services arrangement] was
  terminated and there is evidence that the educator:
                     (A)  abused or otherwise committed an unlawful act
  with a student or minor, including by engaging in conduct that
  involves physical mistreatment or constitutes a threat of violence
  to a student or minor and that is not justified under Chapter 9,
  Penal Code, regardless of whether the conduct resulted in bodily
  injury;
                     (B) [(A-1)]  was involved in a romantic
  relationship with or solicited or engaged in sexual contact with a
  student or minor;
                     (C)  engaged in inappropriate communications with
  a student or minor;
                     (D)  failed to maintain appropriate boundaries
  with a student or minor;
                     (E) [(B)]  possessed, transferred, sold, or
  distributed a controlled substance, as defined by Chapter 481,
  Health and Safety Code, or by 21 U.S.C. Section 801 et seq.;
                     (F) [(C)]  illegally transferred, appropriated,
  or expended funds or other property of the entity [school district,
  district of innovation, charter school, other charter entity,
  service center, or shared services arrangement];
                     (G) [(D)]  attempted by fraudulent or
  unauthorized means to obtain or alter a professional certificate or
  license for the purpose of promotion or additional compensation; or
                     (H) [(E)]  committed a criminal offense or any
  part of a criminal offense on school property or at a
  school-sponsored event;
               (3)  the educator resigned and there is evidence that
  the educator engaged in misconduct described by Subdivision (2);
               (4)  the superintendent or director becomes aware of
  evidence that an educator employed by the entity engaged in
  misconduct described by Subdivision (2)(A), (B), (C), or (D); or
               (5) [(4)]  the educator engaged in conduct that
  violated the assessment instrument security procedures established
  under Section 39.0301.
         (b) [(b-1)]  A superintendent or director of an educational
  entity [a school district, district of innovation, open-enrollment
  charter school, other charter entity, regional education service
  center, or shared services arrangement] shall complete an
  investigation of an educator that involves evidence that the
  educator may have engaged in misconduct described by Subsection
  (a)(2)(A), (B), (C), or (D) [(b)(2)(A) or (A-1)], despite the
  educator's resignation from employment before completion of the
  investigation.
         (c) [(b-2)]  The principal of a school district, district of
  innovation, open-enrollment charter school, or other charter
  entity campus must notify the superintendent or director of the
  [school] district, [district of innovation, charter] school, or
  [other charter] entity:
               (1)  except as provided by Subdivision (2), not later
  than the seventh business day after the date:
                     (A) [(1)]  of an educator's termination of
  employment or resignation following an alleged incident of
  misconduct described by Subsection (a) [(b)]; or
                     (B) [(2)]  the principal knew about an educator's
  criminal record under Subsection (a)(1); or
               (2)  not later than 48 hours after the principal
  becomes aware of evidence of misconduct described by Subsection
  (a)(2)(A), (B), (C), or (D) [(b)(1)].
         (d) [(c)]  Except as provided by Subsection (f) [(c-2)], the
  superintendent or director must notify the board [State Board for
  Educator Certification] by filing a report with the board:
               (1)  except as provided by Subdivision (2), not later
  than the seventh business day after the date the superintendent or
  director:
                     (A)  receives notice [a report] from a principal
  under Subsection (c) [(b-2)]; or
                     (B)  knew about an educator's termination of
  employment or resignation following an alleged incident of
  misconduct described by Subsection (a) [(b)] or an educator's
  [employee's] criminal record under Subsection (a)(1); or
               (2)  not later than 48 hours after the superintendent
  or director:
                     (A)  receives notice from a principal under
  Subsection (c); or
                     (B)  became aware of evidence of misconduct
  described by Subsection (a)(2)(A), (B), (C), or (D) [(b)(1)].
         (e) [(c-1)]  The report under Subsection (d) must be [(c)]:
               (1)  [must be:
                     [(A)]  in writing;
               (2)  [and
                     [(B)]  in a form prescribed by the board; and
               (3)  [(2)  may be] filed through the Internet portal
  developed and maintained by the agency under Section 22A.155 [State
  Board for Educator Certification under Subsection (g-1)].
         (f) [(c-2)]  A superintendent or director of an educational
  entity [a school district, district of innovation, open-enrollment
  charter school, regional education service center, or shared
  services arrangement] is not required to notify the board [State
  Board for Educator Certification] or file a report with the board
  under Subsection (a) [(b)] or (d) [(c)] if the superintendent or
  director has reasonable cause to believe the educator who is
  alleged to have engaged in the misconduct is deceased[:
               [(1)  completes an investigation into an educator's
  alleged incident of misconduct described by Subsection (b)(2)(A) or
  (A-1) before the educator's termination of employment or
  resignation; and
               [(2)  determines the educator did not engage in the
  alleged incident of misconduct described by Subsection (b)(2)(A) or
  (A-1)].
         (g) [(d)]  The superintendent or director shall notify the
  board of trustees or governing body of the educational entity
  [school district, open-enrollment charter school, other charter
  entity, regional education service center, or shared services
  arrangement] and the educator of the filing of the report required
  by Subsection (d) [(c)].
         (h) [(e)]  A superintendent, director, or principal of an
  educational entity [a school district, district of innovation,
  open-enrollment charter school, other charter entity, regional
  education service center, or shared services arrangement] who in
  good faith and while acting in an official capacity files a report
  with the board [State Board for Educator Certification] under this
  section or communicates with another superintendent, director, or
  principal concerning an educator's criminal record or alleged
  incident of misconduct is immune from civil or criminal liability
  that might otherwise be incurred or imposed.
         (i) [(f)]  The board [State Board for Educator
  Certification] shall determine whether to impose sanctions,
  including an administrative penalty under Subsection (l) [(i)],
  against a principal who fails to provide notification to a
  superintendent or director in violation of Subsection (c) [(b-2)]
  or against a superintendent or director who fails to file a report
  in violation of Subsection (d) [(c)].
         (j) [(g)]  The board [State Board for Educator
  Certification] shall propose rules as necessary to implement this
  section.
         (k)  [(g-1)  The State Board for Educator Certification
  shall develop and maintain an Internet portal through which a
  report required under Subsection (c) may be confidentially and
  securely filed.
         [(h)]  The name of a student or minor who is the victim of
  abuse or unlawful conduct by an educator 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.
         (l) [(i)]  If an educator serving as a superintendent or
  director is required to file a report under Subsection (d) [(c)] and
  fails to file the report by the date required by that subsection, or
  if an educator serving as a principal is required to notify a
  superintendent or director about an educator's criminal record or
  alleged incident of misconduct under Subsection (c) [(b-2)] and
  fails to provide the notice by the date required by that subsection,
  the board [State Board for Educator Certification] may impose on
  the educator an administrative penalty of not less than $500 and not
  more than $10,000. The board [State Board for Educator
  Certification] may not renew the certification of an educator
  against whom an administrative penalty is imposed under this
  subsection until the penalty is paid.
         (m) [(j)]  A superintendent or director required to file a
  report under Subsection (d) [(c)] 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 educator's
  criminal record or alleged incident of misconduct described by
  Subsection (a)(2)(A), (B), (E), (F), (G), or (H). A principal
  required to notify a superintendent or director about an educator's
  criminal record or alleged incident of misconduct under Subsection
  (c) [(b-2)] commits an offense if the principal fails to provide the
  notice by the date required by that subsection with intent to
  conceal an educator's criminal record or alleged incident of
  misconduct described by Subsection (a)(2)(A), (B), (E), (F), (G),
  or (H). An offense under this subsection is a state jail felony.
         (n) [(k)]  The commissioner may review the records of an
  educational entity [a school district, district of innovation,
  open-enrollment charter school, other charter entity, regional
  education service center, or shared services arrangement] to ensure
  compliance with the requirement to report misconduct under this
  section.
         SECTION 2.08.  Section 22.093, Education Code, is
  transferred to Subchapter B, Chapter 22A, Education Code, as added
  by this Act, redesignated as Section 22A.052, Education Code, and
  amended to read as follows:
         Sec. 22A.052  [22.093].  REQUIREMENT TO REPORT EMPLOYEE OR
  SERVICE PROVIDER MISCONDUCT TO AGENCY.  (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:
               (1)  a person who is employed by an educational entity
  [a school district, district of innovation, open-enrollment
  charter school, other charter entity, regional education service
  center, or shared services arrangement] and who does not hold a
  certification or permit issued under Subchapter B, Chapter 21; or
               (2)  a service provider for an educational entity who
  has or will have direct contact with students.
         (b) [(c)]  In addition to the reporting requirement under
  Section 261.101, Family Code, the superintendent or director of an
  educational entity [a school district, district of innovation,
  open-enrollment charter school, other charter entity, regional
  education service center, or shared services arrangement] shall
  notify the commissioner if the superintendent or director:
               (1)  becomes aware of [an employee's employment at the
  school district, district of innovation, charter school, other
  charter entity, service center, or shared services arrangement was
  terminated and there is] evidence that a person described by
  Subsection (a) engaged in misconduct described by Section
  22A.051(a)(2)(A), (B), (C), or (D) [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)  obtained criminal history record information
  relating to misconduct described by Subdivision (1) for a person
  described by Subsection (a) [the employee resigned and there is
  evidence that the employee engaged in misconduct described by
  Subdivision (1)].
         (c) [(d)]  A superintendent or director of an educational
  entity [a school district, district of innovation, open-enrollment
  charter school, other charter entity, regional education service
  center, or shared services arrangement] shall complete an
  investigation of a person described by Subsection (a) [an employee]
  that involves evidence that the person [employee] may have engaged
  in misconduct described by Subsection (b)(1) [(c)(1)(A) or (B)],
  despite the person's termination of or [employee's] resignation
  from employment or cessation of services for the entity before
  completion of the investigation.
         (d) [(e)]  The principal of a school district, district of
  innovation, open-enrollment charter school, or other charter
  entity campus must notify the superintendent or director of the
  [school] district, [district of innovation, charter] school, or
  [other charter] entity not later than 48 hours [the seventh
  business day] after the principal becomes aware of evidence of
  [date of an employee's termination of employment or resignation
  following] an alleged incident of misconduct described by
  Subsection (b)(1) [(c)(1)(A) or (B)].
         (e) [(f)]  The superintendent or director of an educational
  entity must notify the commissioner by filing a report with the
  commissioner not later than 48 hours [the seventh business day]
  after the [date the] superintendent or director:
               (1)  receives notice [a report] from a principal under
  Subsection (d);
               (2)  [(e) or] knew about the [an employee's]
  termination of [employment] or resignation from employment or
  cessation of services of a person described by Subsection (a) for
  the entity following an alleged incident of misconduct described by
  Subsection (b)(1); or
               (3)  became aware of evidence of misconduct described
  by Subsection (b)(1) [(c)(1)(A) or (B)].  
         (f)  The report under Subsection (e) must be:
               (1)  in writing; [and]
               (2)  in a form prescribed by the commissioner; and
               (3)  filed through the Internet portal developed and
  maintained by the agency under Section 22A.155.
         (g)  A superintendent or director of an educational entity is
  not required to notify the agency or file a report with the agency
  under Subsection (b) or (e) if the superintendent or director has
  reasonable cause to believe that the person who is alleged to have
  engaged in misconduct is deceased.
         (h)  The superintendent or director shall notify the board of
  trustees or governing body of the educational entity [school
  district, district of innovation, open-enrollment charter school,
  other charter entity, regional education service center, or shared
  services arrangement] and the person [employee] of the filing of
  the report required by Subsection (e) [(f)].
         (i) [(h)]  A superintendent or director who in good faith and
  while acting in an official capacity files a report with the
  commissioner under Subsection (e) [(f)] or a principal who in good
  faith and while acting in an official capacity notifies a
  superintendent or director under Subsection (d) [(e)] is immune
  from civil or criminal liability that might otherwise be incurred
  or imposed.
         (j) [(i)]  The commissioner shall refer an educator who
  fails to file a report in violation of Subsection (e) [(f)] to the
  State Board for Educator Certification, and the board shall
  determine whether to impose sanctions against the educator.
         (k) [(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.
         (l) [(k)]  A superintendent or director required to file a
  report under Subsection (e) [(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 a person's [an
  employee's] criminal record or alleged incident of misconduct
  described by Section 22A.051(a)(2)(A) or (B).  A principal
  required to notify a superintendent or director about a person's
  [an employee's] alleged incident of misconduct under Subsection (d)
  [(e)] commits an offense if the principal fails to provide the
  notice by the date required by that subsection with intent to
  conceal a person's [an employee's] alleged incident of misconduct
  described by Section 22A.051(a)(2)(A) or (B).  An offense under
  this subsection is a state jail felony.
         (m) [(l)]  The commissioner may review the records of an
  educational entity [a school district, district of innovation,
  open-enrollment charter school, other charter entity, regional
  education service center, or shared services arrangement] to ensure
  compliance with the requirement to report misconduct under this
  section.
         (n) [(m)]  The commissioner shall adopt rules as necessary
  to implement this section.
         SECTION 2.09.  Section 21.0061, Education Code, is
  transferred to Subchapter B, Chapter 22A, Education Code, as added
  by this Act, redesignated as Section 22A.053, Education Code, and
  amended to read as follows:
         Sec. 22A.053  [21.0061].  NOTICE TO PARENT OR GUARDIAN ABOUT
  [EDUCATOR] MISCONDUCT. (a) The board of trustees or governing body
  of an educational entity [a school district, district of
  innovation, open-enrollment charter school, other charter entity,
  regional education service center, or shared services arrangement]
  shall adopt a policy under which notice is provided to the parent or
  guardian of a student with whom a person employed by or acting as a
  service provider for the entity [an educator] is alleged to have
  engaged in misconduct described by Section 22A.051(a)(2)(A), (B),
  (C), or (D) [Section 21.006(b)(2)(A) or (A-1)] informing the parent
  or guardian:
               (1)  that the alleged misconduct occurred;
               (2)  whether the person [educator] was terminated
  following an investigation of the alleged misconduct or resigned
  before completion of the investigation; and
               (3)  whether a report was submitted to the agency or
  board [State Board for Educator Certification] concerning the
  alleged misconduct.
         (b)  The policy required by this section must require that
  information specified by Subsection (a)(1) be provided as soon as
  feasible after the educational [employing] entity becomes aware
  that alleged misconduct may have occurred.
         [(c)  In this section, "other charter entity" has the meaning
  assigned by Section 21.006.]
         SECTION 2.10.  Sections 21.007 and 21.009, Education Code,
  are transferred to Subchapter B, Chapter 22A, Education Code, as
  added by this Act, redesignated as Sections 22A.054 and 22A.055,
  Education Code, and amended to read as follows:
         Sec. 22A.054  [21.007].  NOTICE ON CERTIFICATION RECORD OF
  ALLEGED MISCONDUCT; INCLUSION IN REGISTRY. (a) [In this section,
  "board" means the State Board for Educator Certification.
         [(b)]  The board shall adopt a procedure for placing a notice
  of alleged misconduct on an educator's public certification
  records. The procedure adopted by the board must provide for
  immediate placement of a notice of alleged misconduct on an
  educator's public certification records if the alleged misconduct
  presents a risk to the health, safety, or welfare of a student or
  minor as determined by the board.
         (b) [(c)]  The board must notify:
               (1)  an educator in writing when placing a notice of an
  alleged incident of misconduct on the public certification records
  of the educator; and
               (2)  the agency for purposes of placing the educator on
  the registry in accordance with Subsection (c).
         (c)  On receiving a notification under Subsection (b), the
  agency shall immediately place the educator on the registry and
  include information indicating that the educator is under
  investigation for alleged misconduct.
         (d)  The board must provide an opportunity for an educator to
  show cause why the notice should not be placed on the educator's
  public certification records. The board shall propose rules
  establishing the length of time that a notice may remain on the
  educator's public certification records before the board must:
               (1)  initiate a proceeding to impose a sanction on the
  educator on the basis of the alleged misconduct; or
               (2)  remove the notice from the educator's public
  certification records.
         (e)  If it is determined that the educator has not engaged in
  the alleged incident of misconduct, the board shall immediately
  remove:
               (1)  the notice from the educator's public
  certification records; and
               (2)  notify the agency to remove the educator from the
  registry.
         (f)  The board shall propose rules necessary to administer
  this section.
         Sec. 22A.055  [21.009].  PRE-EMPLOYMENT OR PRE-SERVICE
  AFFIDAVIT.  (a) A person applying [An applicant] for employment
  with or who will act as a service provider for an educational entity
  [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, consent for release of the person's employment records and
  a pre-employment or pre-service affidavit disclosing whether the
  person [applicant] has ever been:
               (1)  investigated by a law enforcement or child
  protective services agency for, or charged with, adjudicated for,
  or convicted of an offense involving, conduct described by Section
  22A.051(a)(2)(A), (B), (C), or (D);
               (2)  investigated by a licensing authority or had a
  license, certificate, or permit denied, suspended, revoked, or
  subject to another sanction in this state or another state for
  conduct described by Section 22A.051(a)(2)(A), (B), (C), or (D);
               (3)  included in the registry;
               (4)  employed or is currently employed by or has acted
  or is currently acting as a service provider for a public or private
  school; and
               (5)  terminated or discharged or has resigned, in lieu
  of being terminated or discharged, from a public or private school
  [having an inappropriate relationship with a minor].
         (b)  A person [An applicant] who answers affirmatively
  concerning an action listed under Subsection (a) [inappropriate
  relationship with a minor] must disclose in the affidavit all
  relevant facts known to the person pertaining to the matter
  [charge, adjudication, or conviction], including, if applicable to
  the action [for a charge], whether the allegation [charge] was
  determined to be true or false.
         (c)  A person or service provider [An applicant] is not
  precluded from being employed by or providing services to an
  educational entity based on a disclosed allegation [charge] if the
  [employing] entity determines based on the information disclosed in
  the affidavit that the allegation [charge] was false.
         (d)  A determination that an employee or person providing
  services failed to disclose information required to be disclosed by
  a person [an applicant] under this section is grounds for
  termination of employment or service.
         (e)  An educational entity shall discharge or refuse to hire
  or allow to act as a service provider for the entity a person
  against whom a determination has been made under Subsection (d).
         (f)  The board [State Board for Educator Certification] may
  revoke the certificate of an administrator if the board determines
  it is reasonable to believe that the administrator employed a
  person or accepted services from a service provider [an applicant
  for a position described by Section 21.003(a) or (b)] despite being
  aware that the person knowingly failed to disclose information
  required to be disclosed under Subsection (a) [applicant had been
  adjudicated for or convicted of having an inappropriate
  relationship with a minor].
         (g)  A person commits an offense if the person fails to
  disclose information required to be disclosed under Subsection (a).
  An offense under this subsection is a Class B misdemeanor.
         SECTION 2.11.  Chapter 22A, Education Code, as added by this
  Act, is amended by adding Subchapter C, and a heading is added to
  that subchapter to read as follows:
  SUBCHAPTER C. INVESTIGATION OF MISCONDUCT
         SECTION 2.12.  Section 22.094, Education Code, is
  transferred to Subchapter C, Chapter 22A, Education Code, as added
  by this Act, redesignated as Section 22A.101, Education Code, and
  amended to read as follows:
         Sec. 22A.101  [22.094].  NOTICE OF ALLEGED MISCONDUCT;
  INVESTIGATION; HEARING.  (a) This section applies to a [A] person
  described by Section 22A.052(a) [22.093(b) and] who is:
               (1)  the subject of a report that alleges misconduct
  described by Section 22A.051(a)(2);
               (2)  [22.093(c)(1)(A) or (B) or who is] identified as
  having engaged in [that] misconduct described by Subdivision (1)
  using the interagency reportable conduct search engine established
  under Chapter 810, Health and Safety Code; or
               (3)  the subject of a complaint alleging misconduct
  described by Subdivision (1) filed with the agency.
         (b)  A person to whom this section applies [,] is entitled to
  a hearing on the merits of the allegations of misconduct under the
  procedures provided by Chapter 2001, Government Code, to contest
  the allegation in the report, [or] search engine, or complaint.
         (c) [(b)]  On receiving a report filed under Section
  22A.052(e) or a complaint alleging misconduct described by
  Subsection (a)(1) [22.093(f)] or making an identification
  described by Subsection (a), the commissioner shall promptly send
  to the person who is the subject of the report or identification a
  notice that includes:
               (1)  a statement informing the person that the person
  must request a hearing on the merits of the allegations of
  misconduct within the period provided by Subsection (d) [(c)];
               (2)  a request that the person submit a written
  response within the period provided by Subsection (d) [(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 written 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 (e) [(d)].
         (d) [(c)]  A person entitled to a hearing under Subsection
  (b) [(a)] must request a hearing and submit a written response to
  show cause not later than the 10th day after the date the person
  receives the notice from the commissioner provided under Subsection
  (c) [(b)].
         (e) [(d)]  If a person who receives notice provided under
  Subsection (c) [(b)] does not timely submit a written response to
  show cause why the commissioner should not pursue an investigation,
  the commissioner shall instruct the agency to make available
  through the Internet portal developed and maintained by the agency
  under Section 22A.155 [22.095] information indicating that the
  person is under investigation for alleged misconduct.
         (f) [(e)]  If a person entitled to a hearing under Subsection
  (b) [(a)] does not request a hearing as provided by Subsection (d)
  [(c)], the commissioner shall:
               (1)  based on the report filed under Section 22A.052(e)
  [22.093(f)], the complaint alleging misconduct, or the
  identification described by Subsection (a), make a determination
  whether the person engaged in misconduct; and
               (2)  if the commissioner determines that the person
  engaged in misconduct described by Section 22A.051(a)(2)(A), (B),
  (C), or (D) [22.093(c)(1)(A) or (B)], instruct the agency to add the
  person's name to the registry [maintained under Section 22.092].
         (g) [(f)]  If a person entitled to a hearing under Subsection
  (b) [(a)] requests a hearing as provided by Subsection (d) [(c)] and
  the final decision in that hearing determines that the person
  engaged in misconduct described by Section 22A.051(a)(2)(A), (B),
  (C), or (D) [22.093(c)(1)(A) or (B)], the commissioner shall
  instruct the agency to add the person's name to the registry
  [maintained under Section 22.092].
         (h) [(g)]  If a person entitled to a hearing under Subsection
  (b) [(a)] requests a hearing as provided by Subsection (d) [(c)] and
  the final decision in that hearing determines that the person did
  not engage in misconduct described by Section 22A.051(a)(2)(A),
  (B), (C), or (D) [22.093(c)(1)(A) or (B)], the commissioner shall
  instruct the agency to immediately remove from the Internet portal
  developed and maintained by the agency under Section 22A.155
  [22.095] the information indicating that the person is under
  investigation for alleged misconduct.
         (i) [(h)]  The commissioner shall adopt rules as necessary
  to implement this section. In adopting rules, the commissioner
  shall follow any guidelines adopted by the board regarding
  sanctions for misconduct described by Section 22A.051(a)(2)(A),
  (C), or (D).
         SECTION 2.13.  Subchapter C, Chapter 22A, Education Code, as
  added by this Act, is amended by adding Section 22A.102 to read as
  follows:
         Sec. 22A.102.  PRELIMINARY DETERMINATION. To the extent
  feasible, not later than the 30th day after receipt of a report
  under Section 22A.051(d) or 22A.052(e), the board or agency, as
  applicable, shall, based on a preliminary review of the report,
  make a determination regarding whether the person who is the
  subject of the report engaged in the alleged misconduct.
         SECTION 2.14.  Section 21.062, Education Code, is
  transferred to Subchapter C, Chapter 22A, Education Code, as added
  by this Act, redesignated as Section 22A.103, Education Code, and
  amended to read as follows:
         Sec. 22A.103  [21.062].  ISSUANCE OF SUBPOENAS. (a) During
  an investigation by the commissioner of an educator or person who is
  employed by or providing services to an educational entity for an
  alleged incident of misconduct, the commissioner may issue a
  subpoena to compel:
               (1)  the attendance of a relevant witness; or
               (2)  the production[, for inspection or copying,] of
  relevant evidence that is located in this state.
         (a-1)  A response to a subpoena described by Subsection
  (a)(2) must be submitted through the Internet portal developed and
  maintained by the agency under Section 22A.155 unless the
  commissioner authorizes a different method of submission.
         (b)  A subpoena may be served personally, electronically, or
  by certified mail.
         (c)  If a person fails to comply with a subpoena, the
  commissioner, acting through the attorney general, may file suit to
  enforce the subpoena in a district court in this state. On finding
  that good cause exists for issuing the subpoena, the court shall
  order the person to comply with the subpoena. The court may punish
  a person who fails to obey the court order.
         (d)  All information and materials subpoenaed or compiled in
  connection with an investigation described by Subsection (a) are
  confidential and not subject to disclosure under Chapter 552,
  Government Code.
         (e)  Except as provided by a protective order, and
  notwithstanding Subsection (d), all information and materials
  subpoenaed or compiled in connection with an investigation
  described by Subsection (a) may be used in a disciplinary
  proceeding against a person [an educator] based on an alleged
  incident of misconduct.
         SECTION 2.15.  Subchapter C, Chapter 22A, Education Code, as
  added by this Act, is amended by adding Section 22A.104 to read as
  follows:
         Sec. 22A.104.  RESTRICTION ON SURRENDER OF CERTIFICATE OR
  PERMIT PENDING INVESTIGATION. If a person issued a certificate or
  permit under Subchapter B, Chapter 21, attempts to surrender the
  certificate or permit while the board is investigating an
  allegation that the person engaged in misconduct described by
  Section 22A.051(a)(2)(A), (B), (C), or (D), the board may not
  accept the surrender unless the person agrees to be included in the
  registry.
         SECTION 2.16.  Chapter 22A, Education Code, as added by this
  Act, is amended by adding Subchapter D, and a heading is added to
  that subchapter to read as follows:
  SUBCHAPTER D. PERSONS NOT ELIGIBLE FOR EMPLOYMENT OR PROVISION OF
  SERVICES
         SECTION 2.17.  Section 22.092, Education Code, is
  transferred to Subchapter D, Chapter 22A, Education Code, as added
  by this Act, redesignated as Section 22A.151, Education Code, and
  amended to read as follows:
         Sec. 22A.151  [22.092].  REGISTRY OF PERSONS NOT ELIGIBLE
  FOR EMPLOYMENT IN OR PROVISION OF SERVICES TO EDUCATIONAL ENTITIES
  [PUBLIC SCHOOLS]. (a) The agency shall maintain and make available
  through the Internet portal developed and maintained by the agency
  under Section 22A.155 [22.095] a registry of persons who are not
  eligible to be employed by or act as a service provider for an
  educational entity [a school district, district of innovation,
  open-enrollment charter school, other charter entity, regional
  education service center, or shared services arrangement].
         (b)  An educational entity [A school district, district of
  innovation, open-enrollment charter school, other charter entity,
  regional education service center, or shared services arrangement]
  shall discharge or refuse to hire, or terminate or refuse to accept
  services from, a person listed on the registry [maintained under
  this section].
         (c)  An educational entity may not allow a person who is
  listed on the registry to:
               (1)  act as a service provider for the entity; or
               (2)  be present at an event sponsored by the entity.
         (d)  The registry [maintained under this section] must list
  the following persons as not eligible to be employed by or act as a
  service provider for an educational entity [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 determined by the agency to be not
  eligible for employment based on the person's criminal history
  record information review, as provided by Section 22.0833;
               (3)  a person who is not eligible for employment based
  on criminal history record information received by the agency under
  Section 22A.201(b) [21.058(b)];
               (4)  a person whose certification or permit, or
  application for a certification or permit, issued under Subchapter
  B, Chapter 21, is denied or revoked by the board and who has not been
  issued a certificate or permit under that subchapter subsequent to
  that denial or revocation [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 whose certification or permit issued
  under Subchapter B, Chapter 21, is suspended by the board for a
  reason other than under Section 21.105(c), 21.160(c), or 21.210(c)
  for the period of the suspension;
               (6)  a person who is determined by the commissioner
  under Section 22A.101 [22.094] to have engaged in misconduct
  described by Section 22A.051(a)(2)(A), (B), (C), or (D);
               (7)  a person temporarily included in the registry
  under Section 22A.152 or 22A.153 for the term of the placement;
               (8)  subject to Subsection (e), a person who is
  determined by the State Board for Educator Certification to have
  engaged in electioneering under Section 22B.003; and
               (9)  subject to Subsection (e), a person who is
  determined by the commissioner under Section 22B.005 or by another
  governmental body to have engaged in electioneering under Section
  22B.003 [22.093(c)(1)(A) or (B)].
         (e)  The agency shall remove a person included in the
  registry under Subsection (d)(8) or (9) not later than:
               (1)  the third anniversary of the date on which the
  person was included in the registry under the applicable
  subdivision if the person was the superintendent or director of an
  educational entity at the time the person was included in the
  registry; or
               (2)  the first anniversary of the date on which the
  person was included in the registry under the applicable
  subdivision if the person held a position other than a position
  described by Subdivision (1) of this subsection at the time the
  person was included in the registry.
         (f)  The registry must include information indicating
  whether a person's listing in the registry expires. A prohibition
  applicable to a person included in the registry no longer applies to
  a person whose listing in the registry has expired and, if
  applicable, whose certification or permit under Subchapter B,
  Chapter 21, has been reinstated.
         (g) [(d)]  The agency shall provide equivalent access to the
  registry [maintained under this section] to:
               (1)  private schools;
               (2)  educational entities [public schools]; [and]
               (3)  nonprofit teacher organizations approved by the
  commissioner for the purpose of participating in the tutoring
  program established under Section 33.913;
               (4)  entities that have entered into a contract to
  operate a school district campus under Section 11.174; and
               (5)  service providers for an educational entity that
  are authorized by the entity to access the registry.
         (h)  Each school year, the superintendent or director of an
  educational entity shall certify to the commissioner that the
  entity has complied with this section. If feasible, the
  commissioner by rule shall consolidate the requirement under this
  subsection with other reporting requirements applicable to the
  entity.
         (i) [(e)]  The commissioner [agency] shall adopt rules as
  necessary to implement this section.
         SECTION 2.18.  Subchapter D, Chapter 22A, Education Code, as
  added by this Act, is amended by adding Sections 22A.152, 22A.153,
  and 22A.154 to read as follows:
         Sec. 22A.152.  TEMPORARY INCLUSION IN REGISTRY BASED ON
  CONTINUING AND IMMINENT THREAT TO PUBLIC WELFARE. (a) The
  commissioner shall temporarily include a person in the registry if
  the commissioner, based on evidence or information presented to the
  commissioner regarding a complaint alleging misconduct by the
  person, determines that the person's continued employment at or
  provision of services to an educational entity constitutes a
  continuing and imminent threat to the public welfare.
         (b)  A person may be temporarily included in the registry
  without notice or hearing on the complaint alleging the person's
  misconduct if:
               (1)  proceedings for a hearing before the State Office
  of Administrative Hearings are initiated simultaneously with the
  temporary inclusion; and
               (2)  a hearing is held as soon as possible under this
  chapter and Chapter 2001, Government Code.
         (c)  The State Office of Administrative Hearings shall hold a
  preliminary hearing not later than the 17th day after the date of
  the temporary inclusion to determine whether probable cause exists
  that the person's employment at or provision of services to an
  educational entity constitutes a continuing and imminent threat to
  the public welfare. The probable cause hearing shall be conducted
  as a de novo hearing.
         (d)  The State Office of Administrative Hearings shall hold a
  final hearing on the matter not later than the 61st day after the
  date of the temporary inclusion.
         (e)  The commissioner by rule shall adopt procedures for the
  temporary inclusion of a person in the registry under this section.
         Sec. 22A.153.  TEMPORARY INCLUSION IN REGISTRY FOR CERTAIN
  ARRESTS. (a) The commissioner may temporarily include a person who
  is employed by or acting as a service provider for an educational
  entity in the registry if the educator is arrested for an offense
  listed under Section 22A.201(a).
         (b)  Before temporarily including a person described by
  Subsection (a) in the registry, the commissioner must verify that
  the person arrested for an offense described by that subsection is
  the same person who is employed by or acting as a service provider
  for an educational entity.
         (c)  An inclusion in the registry under this section remains
  in effect until the final disposition of the case.
         (d)  Sections 22A.152(b), (c), and (d) apply to a temporary
  inclusion in the registry under this section.
         (e)  The commissioner shall adopt rules to implement this
  section, including rules regarding evidence that serves as proof of
  final disposition of a case.
         Sec. 22A.154.  REPORTING TO LAW ENFORCEMENT. (a) The agency
  shall refer to an appropriate local law enforcement agency any
  allegation of misconduct that results in the inclusion of a person
  in the registry that has not already been referred to a local law
  enforcement agency.
         (b)  The agency may refer any allegation of misconduct to an
  appropriate local law enforcement agency if the agency believes the
  allegation includes evidence of criminal conduct.
         (c)  The agency shall maintain a record of each allegation of
  misconduct referred to a local law enforcement agency under this
  section.
         SECTION 2.19.  Sections 22.095 and 22.096, Education Code,
  are transferred to Subchapter D, Chapter 22A, Education Code, as
  added by this Act, redesignated as Sections 22A.155 and 22A.156,
  Education Code, and amended to read as follows:
         Sec. 22A.155  [22.095].  INTERNET PORTAL. (a) The agency
  shall develop and maintain an Internet portal through which:
               (1)  a report required under Section 22A.051(d),
  22A.052(e), or 22A.301(d) [22.093(f)] may be confidentially and
  securely filed; and
               (2)  the agency makes available:
                     (A)  the registry of persons who are not eligible
  to be employed by or act as service providers for educational
  entities [in public schools] as described by Section 22A.151
  [22.092]; and
                     (B)  information indicating that a person is under
  investigation for alleged misconduct in accordance with Section
  22A.101(e) [22.094(d)], provided that the agency must provide the
  information through a procedure other than the registry [described
  under Paragraph (A)].
         (b)  The Internet portal must comply with any requirements
  adopted by the board for filing reports under Sections 22A.051 and
  22A.301.
         Sec. 22A.156  [22.096].  COMPLIANCE MONITORING; AGENCY
  INVESTIGATION AND REVIEW. (a) The agency shall periodically
  [conduct site visits and] review the records of educational
  entities [school districts, districts of innovation,
  open-enrollment charter schools, other charter entities, regional
  education service centers, and shared services arrangements] to
  ensure compliance with Section 22A.151(b) [22.092(b)].
         (b)  The agency shall review the investigations conducted by
  educational entities involving allegations of misconduct described
  by Section 22A.051(a)(2)(A), (B), (C), or (D) to ensure that the
  investigations are conducted using appropriate investigative
  protocols, including when cooperating with a law enforcement agency
  or the Department of Family and Protective Services in accordance
  with the policy adopted under Section 38.004. If the agency
  determines that an educational entity failed to follow appropriate
  investigative protocols, the commissioner may authorize a special
  investigation under Section 39.003.
         (c)  The agency may directly investigate allegations of
  misconduct described by Section 22A.051(a)(2)(A), (B), (C), or (D),
  regardless of whether a report or complaint was filed with the
  agency.
         SECTION 2.20.  Section 22.085, Education Code, is
  transferred to Subchapter D, Chapter 22A, Education Code, as added
  by this Act, redesignated as Section 22A.157, Education Code, and
  amended to read as follows:
         Sec. 22A.157 [22.085].  EMPLOYEES AND APPLICANTS CONVICTED
  OF OR PLACED ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR
  CERTAIN OFFENSES. (a) An educational entity [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 entity [district, school, or shared services
  arrangement] obtains information through a criminal history record
  information review that the employee or applicant has been:
               (1)  convicted of or placed on deferred adjudication
  community supervision for an offense described by Section
  22A.201(a)(1) [for which a defendant is required to register as a
  sex offender under Chapter 62, Code of Criminal Procedure]; or
               (2)  convicted of an [:
                     [(A)  a felony] offense described by Section
  22A.201(a)(2) [under Title 5, Penal Code, if the victim of the
  offense was under 18 years of age at the time the offense was
  committed; or
                     [(B)  an offense under the laws of another state
  or federal law that is equivalent to an offense under Subdivision
  (1) or Paragraph (A)].
         (b)  Subsection (a) does not apply if the employee or
  applicant for employment committed an offense under Title 5, Penal
  Code and:
               (1)  the date of the offense is more than 30 years
  before:
                     (A)  the effective date of S.B. No. 9, Acts of the
  80th Legislature, Regular Session, 2007, in the case of a person
  employed by a school district, open-enrollment charter school, or
  shared services arrangement as of that date; or
                     (B)  the date the person's employment will begin,
  in the case of a person applying for employment with a school
  district, open-enrollment charter school, or shared services
  arrangement after the effective date of S.B. No. 9, Acts of the 80th
  Legislature, Regular Session, 2007; and
               (2)  the employee or applicant for employment satisfied
  all terms of the court order entered on conviction.
         (c)  An educational entity [A school district,
  open-enrollment charter school, or shared services arrangement]
  may not allow a person who is an employee of or applicant for
  employment by a qualified school contractor or an entity that
  contracts with the entity [district, school, or shared services
  arrangement] to serve [at the district or school or] for the entity
  [shared services arrangement] if the entity [district, school, or
  shared services arrangement] obtains information described by
  Subsection (a) through a criminal history record information review
  concerning the employee or applicant. An educational entity [A
  school district, open-enrollment charter school, or shared
  services arrangement] must ensure that an entity that the
  educational entity [district, school, or shared services
  arrangement] contracts with for services has obtained all criminal
  history record information as required by Section 22.0834.
         (d)  An educational entity or [A school district,
  open-enrollment charter school,] private school[, regional
  education service center, or shared services arrangement] may
  discharge an employee if the entity [district] or school obtains
  information of the employee's conviction of a felony or of a
  misdemeanor involving moral turpitude that the employee did not
  disclose to the board [State Board for Educator Certification] or
  the entity or [district,] school[, service center, or shared
  services arrangement]. An employee discharged under this section
  is considered to have been discharged for misconduct for purposes
  of Section 207.044, Labor Code.
         (e)  The board [State Board for Educator Certification] may
  impose a sanction on an educator who does not discharge an employee
  or refuse to hire an applicant for employment if the educator knows
  or should have known, through a criminal history record information
  review, that the employee or applicant has been:
               (1)  convicted of or placed on deferred adjudication
  community supervision for an offense described by Subsection
  (a)(1); or
               (2)  convicted of an offense described by Subsection
  (a)(2).
         (f)  Each school year, the superintendent of a school
  district or chief operating officer of an open-enrollment charter
  school shall certify to the commissioner that the district or
  school has complied with this section.
         SECTION 2.21.  Chapter 22A, Education Code, as added by this
  Act, is amended by adding Subchapter E, and a heading is added to
  that subchapter to read as follows:
  SUBCHAPTER E. DENIAL OR REVOCATION OF EDUCATOR CERTIFICATION FOR
  MISCONDUCT
         SECTION 2.22.  Section 21.058, Education Code, is
  transferred to Subchapter E, Chapter 22A, Education Code, as added
  by this Act, redesignated as Section 22A.201, Education Code, and
  amended to read as follows:
         Sec. 22A.201 [21.058].  DENIAL OR REVOCATION OF CERTIFICATE
  AND TERMINATION OF EMPLOYMENT BASED ON CONVICTION OF OR PLACEMENT
  ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN
  OFFENSES. (a) The procedures described by this section
  [Subsections (b) and (c)] apply only to:
               (1)  conviction of or placement on deferred
  adjudication community supervision for:
                     (A)  an offense for which a defendant is required
  to register as a sex offender under Chapter 62, Code of Criminal
  Procedure;
                     (B)  an offense under Section 21.12 or 43.24,
  Penal Code;
                     (C)  a felony offense under Chapter 43, Penal
  Code;
                     (D)  a felony offense involving school property;
  or
                     (E)  an offense under the laws of another state or
  federal law that is equivalent to an offense under Paragraph (A),
  (B), (C), or (D); or
               (2)  conviction of:
                     (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]; or
                     (B)  an offense under the laws of another state or
  federal law that is equivalent to an offense under Paragraph (A)
               [(3)  conviction of or placement on deferred
  adjudication community supervision for an offense under Section
  43.24, Penal Code].
         (b)  Notwithstanding Section 21.041(b)(7), not later than
  the fifth day after the date the board receives notice under Article
  42.018, Code of Criminal Procedure, of the conviction or placement
  on deferred adjudication community supervision of a person who
  holds a certificate under Subchapter B, Chapter 21 [this
  subchapter], the board shall:
               (1)  revoke the certificate held by the person; and
               (2)  provide to the person, to the agency, and to any
  school district or open-enrollment charter school employing the
  person at the time of revocation written notice of:
                     (A)  the revocation; and
                     (B)  the basis for the revocation.
         (c)  A school district or open-enrollment charter school
  that receives notice under Subsection (b) of the revocation of a
  person's certificate issued under Subchapter B, Chapter 21, [this
  subchapter] shall:
               (1)  immediately remove the person whose certificate
  has been revoked from campus or from an administrative office, as
  applicable, to prevent the person from having any contact with a
  student; and
               (2)  for a [if the] person [is] employed under a
  probationary, continuing, or term contract under Chapter 21 [this
  chapter], with the approval of the board of trustees or governing
  body or a designee of the board or governing body:
                     (A)  suspend the person without pay;
                     (B)  provide the person with written notice that
  the person's contract is void as provided by Subsection (e)
  [(c-2)]; and
                     (C)  terminate the employment of the person as
  soon as practicable.
         (d) [(c-1)]  If a school district or open-enrollment charter
  school becomes aware that a person employed by the district or
  school under a probationary, continuing, or term contract under
  Chapter 21 [this chapter] has been convicted of or received
  deferred adjudication for a felony offense, and the person is not
  subject to Subsection (c), the district or school may, with the
  approval of the board of trustees or governing body or a designee of
  the board of trustees or governing body:
               (1)  suspend the person without pay;
               (2)  provide the person with written notice that the
  person's contract is void as provided by Subsection (e) [(c-2)];
  and
               (3)  terminate the employment of the person as soon as
  practicable.
         (e) [(c-2)]  A person's probationary, continuing, or term
  contract under Chapter 21 is void if, with the approval of the board
  of trustees or governing body or a designee of the board or
  governing body, the school district or open-enrollment charter
  school takes action under Subsection (c)(2)(B) or (d)(2)
  [(c-1)(2)].
         (f)  The board or a school district may not issue a
  certificate or permit under Subchapter B, Chapter 21, to a person
  who has been convicted of or placed on deferred adjudication for an
  offense described by Subsection (a)(1) or who has been convicted of
  an offense described by Subsection (a)(2) [(d) A person whose
  certificate is revoked under Subsection (b) may reapply for a
  certificate in accordance with board rules].
         (g) [(e)]  Action taken by a school district or
  open-enrollment charter school under Subsection (c) or (d) [(c-1)]
  is not subject to appeal under this chapter, and the notice and
  hearing requirements of this chapter do not apply to the action.
         SECTION 2.23.  Subchapter E, Chapter 22A, Education Code, as
  added by this Act, is amended by adding Sections 22A.202 and 22A.203
  to read as follows:
         Sec. 22A.202.  TEMPORARY SUSPENSION OF CERTIFICATION OR
  PERMIT BASED ON CONTINUING AND IMMINENT THREAT TO PUBLIC WELFARE.
  (a) The board may, by a majority vote of the board or of a
  five-person committee of board members designated by the board,
  temporarily suspend an educator's certification or permit issued
  under Subchapter B, Chapter 21, if the board, based on evidence or
  information presented to the board regarding a complaint alleging
  misconduct by the educator, determines that the educator's
  continued certification or permit issuance constitutes a
  continuing and imminent threat to the public welfare.
         (b)  Notwithstanding Chapter 551, Government Code, the board
  or a committee described by Subsection (a) may hold a meeting by
  telephone conference call if the board or committee determines that
  immediate action is required and convening the board or committee
  at one location would be inconvenient for any member of the board or
  committee.
         (c)  An educator's certification or permit may be
  temporarily suspended under this section without notice or hearing
  on the complaint alleging the educator's misconduct if:
               (1)  proceedings for a hearing before the State Office
  of Administrative Hearings are initiated simultaneously with the
  temporary suspension; and
               (2)  a hearing is held as soon as possible under this
  chapter and Chapter 2001, Government Code.
         (d)  The State Office of Administrative Hearings shall hold a
  preliminary hearing not later than the 17th day after the date of
  the temporary suspension to determine whether probable cause exists
  that the educator's certification or permit issuance constitutes a
  continuing and imminent threat to the public welfare. The probable
  cause hearing shall be conducted as a de novo hearing.
         (e)  The State Office of Administrative Hearings shall hold a
  final hearing on the matter not later than the 61st day after the
  date of the temporary suspension.
         (f)  The board shall propose rules adopting procedures for
  the temporary suspension of an educator's certification or permit
  under this section.
         Sec. 22A.203.  TEMPORARY SUSPENSION OF CERTIFICATION OR
  PERMIT FOR CERTAIN ARRESTS. (a)  The board may, by a majority vote
  of the board or of a five-person committee of board members
  designated by the board, temporarily suspend an educator's
  certification or permit issued under Subchapter B, Chapter 21, if
  the educator is arrested for an offense listed under Section
  22A.201(a).
         (b)  Before suspending an educator's certification or permit
  under Subsection (a), the board or committee, as applicable, must
  verify that the person arrested for an offense described by that
  subsection is the same person who holds a certification or permit
  issued under Subchapter B, Chapter 21, by the board.
         (c)  A suspension under this section remains in effect until
  the final disposition of the case.
         (d)  Sections 22A.202(c), (d), and (e) apply to a suspension
  under this section.
         (e)  The board shall propose rules to implement this section,
  including rules regarding evidence that serves as proof of final
  disposition of a case.
         SECTION 2.24.  Chapter 22A, Education Code, as added by this
  Act, is amended by adding Subchapter F to read as follows:
  SUBCHAPTER F. OTHER REPORTING REQUIREMENTS
         Sec. 22A.251.  REPORT BY AGENCY. The agency, in cooperation
  with the board, shall, on a quarterly basis, post on the agency's
  Internet website a report on employee and service provider
  misconduct reported under this chapter. The report must be
  disaggregated by type of misconduct.
         SECTION 2.25.  Chapter 22A, Education Code, as added by this
  Act, is amended by adding Subchapter G, and a heading is added to
  that subchapter to read as follows:
  SUBCHAPTER G. REQUIRED MISCONDUCT REPORTING: PRIVATE SCHOOLS
         SECTION 2.26.  Section 21.0062, Education Code, is
  transferred to Subchapter G, Chapter 22A, Education Code, as added
  by this Act, redesignated as Section 22A.301, Education Code, and
  amended to read as follows:
         Sec. 22A.301 [21.0062].  REQUIREMENT TO REPORT MISCONDUCT:
  PRIVATE SCHOOLS. (a) In this section, "private [:
               [(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)  "Private] school 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, Chapter 21, 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 board [State Board for Educator
  Certification] if:
               (1)  a private school educator[:
               [(1)]  has a criminal record and the private school
  obtained information about the educator's criminal record; or
               (2)  the chief administrative officer becomes aware of
  evidence that a private school educator engaged in misconduct
  described by Section 22A.051(a)(2)(A), (B), (C), or (D) [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].
         (c)  If there is evidence that a private school educator may
  have engaged in misconduct described by Subsection (b) and the
  educator resigns from employment before completion of the
  investigation, the chief administrative officer of the private
  school shall submit the evidence of misconduct collected to the
  board [State Board for Educator Certification].
         (d)  The chief administrative officer of the private school
  must notify the board [State Board for Educator Certification] by
  filing a report with the board:
               (1)  not later than the seventh business day after the
  date the chief administrative officer knew that a private school
  educator[:
               [(1)]  has a criminal record under Subsection (b)(1);
  or
               (2)  not later than 48 hours after the chief
  administrative officer becomes aware of evidence of [was terminated
  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; and
               (3)  filed through the Internet portal developed and
  maintained by the agency under Section 22A.155.
         (f)  Any person who knows or has reason to believe that a
  private school educator engaged in the misconduct described by
  Subsection (b)(2) may file a report with the board [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 board
  [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 a private school educator is
  immune from civil or criminal liability that might otherwise be
  incurred or imposed.
         (h)  The name of a student or minor who is the victim of abuse
  or unlawful conduct by a private school educator 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.
         (i)  The board [State Board for Educator Certification]
  shall propose rules as necessary to implement this section.
         SECTION 2.27.  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 (l);
               (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:
                     (A)  produce, at the request of the agency,
  evidence or an investigation report relating to a person [an
  educator] who is under investigation by the State Board for
  Educator Certification or the agency; or
                     (B)  timely submit a report required under Chapter
  22A regarding a person who is required to be reported to the State
  Board for Educator Certification or the agency under that chapter;
  [or]
               (17)  in response to an alleged violation of Section
  22B.003; or
               (18)  as the commissioner otherwise determines
  necessary.
         SECTION 2.28.  Section 261.001, Family Code, is amended by
  amending Subdivision (1) and adding Subdivision (3-a) to read as
  follows:
               (1)  "Abuse" includes the following acts or omissions
  by a person:
                     (A)  mental or emotional injury to a child that
  results in an observable and material impairment in the child's
  growth, development, or psychological functioning;
                     (B)  causing or permitting the child to be in a
  situation in which the child sustains a mental or emotional injury
  that results in an observable and material impairment in the
  child's growth, development, or psychological functioning;
                     (C)  physical injury that results in substantial
  harm to the child, or the genuine threat of substantial harm from
  physical injury to the child, including an injury that is at
  variance with the history or explanation given and excluding an
  accident or reasonable discipline by a parent, guardian, or
  managing or possessory conservator that does not expose the child
  to a substantial risk of harm;
                     (D)  failure to make a reasonable effort to
  prevent an action by another person that results in physical injury
  that results in substantial harm to the child;
                     (E)  sexual conduct harmful to a child's mental,
  emotional, or physical welfare, including conduct that constitutes
  the offense of continuous sexual abuse of young child or disabled
  individual under Section 21.02, Penal Code, indecency with a child
  under Section 21.11, Penal Code, improper relationship between
  educator and student under Section 21.12, Penal Code, sexual
  assault under Section 22.011, Penal Code, or aggravated sexual
  assault under Section 22.021, Penal Code;
                     (F)  failure to make a reasonable effort to
  prevent sexual conduct harmful to a child;
                     (G)  compelling or encouraging the child to engage
  in sexual conduct as defined by Section 43.01, Penal Code,
  including compelling or encouraging the child in a manner that
  constitutes an offense of trafficking of persons under Section
  20A.02(a)(7) or (8), Penal Code, solicitation of prostitution under
  Section 43.021, Penal Code, or compelling prostitution under
  Section 43.05(a)(2), Penal Code;
                     (H)  causing, permitting, encouraging, engaging
  in, or allowing the photographing, filming, or depicting of the
  child if the person knew or should have known that the resulting
  photograph, film, or depiction of the child is obscene as defined by
  Section 43.21, Penal Code, or pornographic;
                     (I)  the current use by a person of a controlled
  substance as defined by Chapter 481, Health and Safety Code, in a
  manner or to the extent that the use results in physical, mental, or
  emotional injury to a child;
                     (J)  causing, expressly permitting, or
  encouraging a child to use a controlled substance as defined by
  Chapter 481, Health and Safety Code;
                     (K)  causing, permitting, encouraging, engaging
  in, or allowing a sexual performance by a child as defined by
  Section 43.25, Penal Code;
                     (L)  knowingly causing, permitting, encouraging,
  engaging in, or allowing a child to be trafficked in a manner
  punishable as an offense under Section 20A.02(a)(5), (6), (7), or
  (8), Penal Code, or the failure to make a reasonable effort to
  prevent a child from being trafficked in a manner punishable as an
  offense under any of those sections; or
                     (M)  forcing or coercing a child to enter into a
  marriage.
               (3-a)  "Law enforcement agency" means:
                     (A)  the Department of Public Safety;
                     (B)  the police department of a municipality;
                     (C)  the sheriff's office of a county; or
                     (D)  a constable's office of a county.
         SECTION 2.29.  Section 261.103(a), Family Code, is amended
  to read as follows:
         (a)  Except as provided by Subsections (b) and (c) and
  Section 261.405, a report shall be made to:
               (1)  a [any local or state] law enforcement agency;
               (2)  the department; or
               (3)  the state agency that operates, licenses,
  certifies, or registers the facility in which the alleged abuse or
  neglect occurred.
         SECTION 2.30.  Sections 261.104(b) and (d), Family Code, are
  amended to read as follows:
         (b)  If the individual making a report of child abuse or
  neglect uses the toll-free telephone number the department operates
  for reporting child abuse or neglect and the individual is
  unwilling to provide the information described by Subsection
  (a)(4), the department representative receiving the report shall
  notify the individual that:
               (1)  the department is not authorized to accept an
  anonymous report of abuse or neglect;
               (2)  the individual may report the abuse or neglect by
  making a report to a [any local or state] law enforcement agency;
  and
               (3)  the identity of an individual making a report
  under this subchapter is confidential and may be disclosed only:
                     (A)  as provided by Section 261.201; or
                     (B)  to a law enforcement officer for the purposes
  of conducting a criminal investigation of the report.
         (d)  If a report of abuse or neglect is made orally, the
  department or [local or state] law enforcement agency receiving the
  report shall:
               (1)  notify the individual making the report that:
                     (A)  the report is being recorded; and
                     (B)  making a false report is a criminal offense
  under Section 261.107 punishable as a state jail felony or a third
  degree felony; and
               (2)  make an audio recording of the report.
         SECTION 2.31.  Sections 261.105(a), (b), and (d), Family
  Code, are amended to read as follows:
         (a)  All reports received by a [local or state] law
  enforcement agency that allege abuse or neglect by a person
  responsible for a child's care, custody, or welfare shall be
  referred immediately to the department.
         (b)  The department shall immediately notify the appropriate
  [state or local] law enforcement agency of any report it receives,
  other than a report from a law enforcement agency, that concerns the
  suspected abuse or neglect of a child or death of a child from abuse
  or neglect.
         (d)  If the department initiates an investigation and
  determines that the abuse or neglect does not involve a person
  responsible for the child's care, custody, or welfare, the
  department shall refer the report to the appropriate [a] law
  enforcement agency for further investigation. If the department
  determines that the abuse or neglect involves an employee of a
  public or private elementary or secondary school, [and that the
  child is a student at the school,] the department shall [orally]
  notify, in writing, the superintendent of the school district, the
  director of the open-enrollment charter school, or the chief
  executive officer of the private school in which the employee is
  employed about the investigation. The written notice required by
  this subsection may be provided by e-mail to the official e-mail
  address of the appropriate official, if that e-mail address is
  publicly available.
         SECTION 2.32.  Sections 261.301(a) and (c), Family Code, are
  amended to read as follows:
         (a)  With assistance from the appropriate [state or local]
  law enforcement agency as provided by this section, the department
  shall make a prompt and thorough investigation of a report of child
  abuse or neglect allegedly committed by a person responsible for a
  child's care, custody, or welfare. The investigation shall be
  conducted without regard to any pending suit affecting the
  parent-child relationship.
         (c)  The department is not required to investigate a report
  that alleges child abuse, neglect, or exploitation by a person
  other than a person responsible for a child's care, custody, or
  welfare. The appropriate [state or local] law enforcement agency
  shall investigate that report if the agency determines an
  investigation should be conducted.
         SECTION 2.33.  Section 261.304(a), Family Code, is amended
  to read as follows:
         (a)  If an individual makes an anonymous report of child
  abuse or neglect by a person responsible for a child's care,
  custody, or welfare to a [local or state] law enforcement agency and
  the agency refers the report to the department, the department
  shall conduct a preliminary investigation to determine whether
  there is any evidence to corroborate the report.
         SECTION 2.34.  Section 261.308, Family Code, is amended by
  adding Subsection (f) to read as follows:
         (f)  The department shall release information required to be
  released to the Texas Education Agency or the State Board for
  Educator Certification under Subsection (d) or (e) by submitting
  the information through the Internet portal developed and
  maintained by the agency under Section 22A.155, Education Code.
         SECTION 2.35.  Section 261.402(b), Family Code, is amended
  to read as follows:
         (b)  A state agency shall immediately notify the appropriate
  [state or local] law enforcement agency of any report the agency
  receives, other than a report from a law enforcement agency, that
  concerns the suspected abuse, neglect, or exploitation of a child
  or the death of a child from abuse or neglect. If the state agency
  finds evidence indicating that a child may have been abused,
  neglected, or exploited, the agency shall report the evidence to
  the appropriate law enforcement agency.
         SECTION 2.36.  This article applies beginning with the
  2025-2026 school year.
         SECTION 2.37.  Sections 22A.051 and 22A.052, Education Code,
  as transferred, redesignated, and amended by this article, apply
  only to an offense committed on or after September 1, 2025. An
  offense committed before September 1, 2025, is governed by the law
  in effect on the date the offense was committed, and the former law
  is continued in effect for that purpose. For purposes of this
  section, an offense was committed before September 1, 2025, if any
  element of the offense occurred before that date.
  ARTICLE 3. CONFORMING CHANGES
         SECTION 3.01.  Section 7.028(a), Education Code, is amended
  to read as follows:
         (a)  Except as provided by Section 22A.051(n) [21.006(k)],
  22A.052(m) [22.093(l)], 22A.156 [22.096], 28.006, 29.001(5),
  29.010(a), 33.006(h), 37.1083, 37.1084, 38.003, or 39.003, 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, or Subchapter A,
  Chapter 37, only as necessary to ensure:
               (1)  compliance with federal law and regulations;
               (2)  financial accountability, including compliance
  with grant requirements;
               (3)  data integrity for purposes of:
                     (A)  the Public Education Information Management
  System (PEIMS); and
                     (B)  accountability under Chapters 39 and 39A; and
               (4)  qualification for funding under Chapter 48.
         SECTION 3.02.  Section 12.0271, Education Code, is amended
  to read as follows:
         Sec. 12.0271.  FAILURE TO DISCHARGE OR REFUSE TO HIRE OR
  TERMINATE OR REFUSE SERVICES FROM CERTAIN EMPLOYEES, [OR]
  APPLICANTS, OR SERVICE PROVIDERS. A home-rule school district
  commits a material violation of the school district's charter if
  the school district fails to comply with the duty to discharge or
  refuse to hire, or terminate or refuse to accept services from,
  certain employees, [or] applicants for employment, or service
  providers under Section 22A.151 or 22A.157, as applicable [22.085
  or 22.092].
         SECTION 3.03.  Section 12.0631, Education Code, is amended
  to read as follows:
         Sec. 12.0631.  FAILURE TO DISCHARGE OR REFUSE TO HIRE OR
  TERMINATE OR REFUSE SERVICES FROM CERTAIN EMPLOYEES, [OR]
  APPLICANTS, OR SERVICE PROVIDERS. A campus or campus program
  granted a charter under this subchapter commits a material
  violation of its charter if the campus or program fails to comply
  with the duty to discharge or refuse to hire, or terminate or refuse
  to accept services from, certain employees, [or] applicants for
  employment, or service providers under Section 12.1059, 22A.151, or
  22A.157, as applicable [22.085, or 22.092].
         SECTION 3.04.  Section 12.104(b), Education Code, is amended
  to read as follows:
         (b)  An open-enrollment charter school is subject to:
               (1)  a provision of this title establishing a criminal
  offense;
               (2)  the provisions in Chapter 554, Government Code;
  and
               (3)  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)  reading instruments and accelerated reading
  instruction programs under Section 28.006;
                     (D)  accelerated instruction under Section
  28.0211;
                     (E)  high school graduation requirements under
  Section 28.025;
                     (F)  special education programs under Subchapter
  A, Chapter 29;
                     (G)  bilingual education under Subchapter B,
  Chapter 29;
                     (H)  prekindergarten programs under Subchapter E
  or E-1, Chapter 29, except class size limits for prekindergarten
  classes imposed under Section 25.112, which do not apply;
                     (I)  extracurricular activities under Section
  33.081;
                     (J)  discipline management practices or behavior
  management techniques under Section 37.0021;
                     (K)  health and safety under Chapter 38;
                     (L)  the provisions of Subchapter A, Chapter 39;
                     (M)  public school accountability and special
  investigations under Subchapters A, B, C, D, F, G, and J, Chapter
  39, and Chapter 39A;
                     (N)  the requirement under Section 22A.051 or
  22A.052 [21.006] to report [an educator's] misconduct;
                     (O)  intensive programs of instruction under
  Section 28.0213;
                     (P)  the right of a school employee to report a
  crime, as provided by Section 37.148;
                     (Q)  bullying prevention policies and procedures
  under Section 37.0832;
                     (R)  the right of a school under Section 37.0052
  to place a student who has engaged in certain bullying behavior in a
  disciplinary alternative education program or to expel the student;
                     (S)  the right under Section 37.0151 to report to
  local law enforcement certain conduct constituting assault or
  harassment;
                     (T)  a parent's right to information regarding the
  provision of assistance for learning difficulties to the parent's
  child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
                     (U)  establishment of residency under Section
  25.001;
                     (V)  school safety requirements under Sections
  37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,
  37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and
  37.2071 and Subchapter J, Chapter 37;
                     (W)  the early childhood literacy and mathematics
  proficiency plans under Section 11.185;
                     (X)  the college, career, and military readiness
  plans under Section 11.186; and
                     (Y)  parental options to retain a student under
  Section 28.02124.
         SECTION 3.05.  Section 12.1059, Education Code, is amended
  to read as follows:
         Sec. 12.1059.  REQUIREMENTS 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 22A.151 [22.092].
         SECTION 3.06.  Section 12.1151, Education Code, is amended
  to read as follows:
         Sec. 12.1151.  FAILURE TO DISCHARGE OR REFUSE TO HIRE OR
  TERMINATE OR REFUSE SERVICES FROM CERTAIN EMPLOYEES, [OR]
  APPLICANTS, OR SERVICE PROVIDERS. 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,
  or terminate or refuse to accept services from, certain employees,
  [or] applicants for employment, or service providers under Section
  12.1059, 22A.151, or 22A.157, as applicable [22.085, or 22.092].
         SECTION 3.07.  Section 12.252(b), Education Code, is amended
  to read as follows:
         (b)  An adult education program operated under a charter
  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 as determined by the
  commissioner to monitor compliance with this subchapter and, as
  applicable, Subchapter D;
                     (B)  criminal history records under Subchapter C,
  Chapter 22;
                     (C)  high school graduation requirements under
  Section 28.025, to the extent applicable to a program participant;
                     (D)  special education programs under Subchapter
  A, Chapter 29;
                     (E)  bilingual education under Subchapter B,
  Chapter 29;
                     (F)  health and safety under Chapter 38;
                     (G)  the requirement under Section 22A.051 or
  22A.052 [21.006] to report [an educator's] misconduct; and
                     (H)  the right of an employee to report a crime, as
  provided by Section 37.148.
         SECTION 3.08.  Section 12A.008(b-1), Education Code, is
  amended 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
  22A.151 or 22A.157 [22.085 or 22.092].
         SECTION 3.09.  Section 21.054(e), Education Code, is amended
  to read as follows:
         (e)  Continuing education requirements for a principal must
  provide that not more than 25 percent of the training required every
  five years include instruction regarding:
               (1)  effective and efficient management, including:
                     (A)  collecting and analyzing information;
                     (B)  making decisions and managing time; and
                     (C)  supervising student discipline and managing
  behavior;
               (2)  recognizing early warning indicators that a
  student may be at risk of dropping out of school;
               (3)  digital learning, digital teaching, and
  integrating technology into campus curriculum and instruction;
               (4)  effective implementation of a comprehensive
  school counseling program under Section 33.005;
               (5)  mental health programs addressing a mental health
  condition;
               (6)  educating diverse student populations, including:
                     (A)  students who are educationally
  disadvantaged;
                     (B)  emergent bilingual students; and
                     (C)  students at risk of dropping out of school;
  and
               (7)  preventing, recognizing, and reporting any sexual
  conduct between an educator and student that is prohibited under
  Section 21.12, Penal Code, or for which reporting is required under
  Section 22A.051 [21.006] of this code.
         SECTION 3.10.  Section 21.0585, Education Code, is amended
  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 22A.151 [22.092]
  if the board revokes a certificate or permit of a person on a
  finding that the person engaged in misconduct described by Section
  22A.051(a)(2)(A), (B), (C), or (D) [21.006(b)(2)(A) or (A-1)].
         SECTION 3.11.  Section 22.0815(a), Education Code, is
  amended to read as follows:
         (a)  In this section, "other charter entity" has the meaning
  assigned by Section 22A.001 [21.006].
         SECTION 3.12.  Section 22.0825(a), Education Code, is
  amended to read as follows:
         (a)  In this section, "other charter entity" has the meaning
  assigned by Section 22A.001 [21.006].
         SECTION 3.13.  Section 22.0833(g), Education Code, is
  amended to read as follows:
         (g)  A school district, open-enrollment charter school, or
  shared services arrangement shall provide the agency with the name
  of a person to whom this section applies. The agency shall obtain
  all criminal history record information of the person through the
  criminal history clearinghouse as provided by Section 411.0845,
  Government Code. The agency shall examine the criminal history
  record information of the person and notify the district, school,
  or shared services arrangement if the person may not be hired or
  must be discharged as provided by Section 22A.157 [22.085].
         SECTION 3.14.  Section 22.0834(o), Education Code, is
  amended to read as follows:
         (o)  A school district, charter school, regional education
  service center, commercial transportation company, education
  shared services arrangement, or qualified school contractor,
  contracting entity, or subcontracting entity may not permit an
  employee to whom Subsection (a) applies to provide services at a
  school if the employee has been convicted of a felony or misdemeanor
  offense that would prevent a person from being employed under
  Section 22A.157(a) [22.085(a)].
         SECTION 3.15.  Section 22.0836(g), Education Code, is
  amended to read as follows:
         (g)  A school district, open-enrollment charter school, or
  shared services arrangement shall provide the agency with the name
  of a person to whom this section applies. The agency shall obtain
  all criminal history record information of the person through the
  criminal history clearinghouse as provided by Section 411.0845,
  Government Code. The agency shall examine the criminal history
  record information and certification records of the person and
  notify the district, school, or shared services arrangement if the
  person:
               (1)  may not be hired or must be discharged as provided
  by Section 22A.157 [22.085]; or
               (2)  may not be employed as a substitute teacher
  because the person's educator certification has been revoked or is
  suspended.
         SECTION 3.16.  Section 33.913(b), Education Code, is amended
  to read as follows:
         (b)  To participate in the program as a tutor, a person must:
               (1)  be an active or retired teacher;
               (2)  apply for the position in a manner specified by the
  nonprofit organization;
               (3)  designate in the application whether the person
  plans to provide tutoring:
                     (A)  for compensation, on a volunteer basis, or
  both; and
                     (B)  in person, online, or both; and
               (4)  not be included in the registry of persons not
  eligible for employment by a public school under Section 22A.151
  [22.092].
         SECTION 3.17.  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), a special investigation
  under Section 39.003(a)(8) or (14), a compliance review under
  Section 22A.051(n), 22A.052(m) [21.006(k), 22.093(l)], or 22A.156
  [22.096], 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 3.18.  Section 810.003(a), Health and Safety Code,
  is amended to read as follows:
         (a)  The department, in collaboration with each
  participating state agency, shall establish an interagency
  reportable conduct search engine for persons to search information
  on reportable conduct in accordance with this chapter and rules
  adopted under this chapter maintained by:
               (1)  the Department of Family and Protective Services
  in the central registry established under Section 261.002, Family
  Code;
               (2)  the Health and Human Services Commission in the
  employee misconduct registry established under Chapter 253;
               (3)  the Texas Education Agency in the registry
  established under Section 22A.151 [22.092], Education Code; and
               (4)  the Texas Juvenile Justice Department in the
  integrated certification information system and in any informal
  list the Texas Juvenile Justice Department maintains.
         SECTION 3.19.  Section 810.004(b), Health and Safety Code,
  is amended to read as follows:
         (b)  In addition to the eligible individuals described by
  Subsection (a), each participating state agency shall designate
  additional users who are eligible to access the search engine and
  may require those users to determine whether an individual has
  engaged in reportable conduct. The additional designated users may
  include controlling persons, hiring managers, or administrators
  of:
               (1)  licensed or certified long-term care providers,
  including:
                     (A)  home and community support services agencies
  licensed under Chapter 142;
                     (B)  nursing facilities licensed under Chapter
  242;
                     (C)  assisted living facilities licensed under
  Chapter 247;
                     (D)  prescribed pediatric extended care centers
  licensed under Chapter 248A;
                     (E)  intermediate care facilities for individuals
  with an intellectual disability licensed under Chapter 252;
                     (F)  state supported living centers, as defined by
  Section 531.002; and
                     (G)  day activity and health services facilities
  licensed under Chapter 103, Human Resources Code;
               (2)  providers under a Section 1915(c) waiver program,
  as defined by Section 521.0001 [531.001], Government Code;
               (3)  juvenile probation departments and registered
  juvenile justice facilities;
               (4)  independent school districts, districts of
  innovation, open-enrollment charter schools, other charter
  entities, as defined by Section 22A.001 [21.006], Education Code,
  regional education service centers, education shared services
  arrangements, or any other educational entity or provider that is
  authorized to access the registry established under Section 22A.151
  [22.092], Education Code;
               (5)  private schools that:
                     (A)  offer a course of instruction for students in
  this state in one or more grades from prekindergarten through grade
  12; and
                     (B)  are:
                           (i)  accredited by an organization
  recognized by the Texas Education Agency or the Texas Private
  School Accreditation Commission;
                           (ii)  listed in the database of the National
  Center for Education Statistics of the United States Department of
  Education; or
                           (iii)  otherwise authorized by Texas
  Education Agency rule to access the search engine; and
               (6)  nonprofit teacher organizations approved by the
  commissioner of education for the purpose of participating in the
  tutoring program established under Section 33.913, Education Code.
         SECTION 3.20.  The following provisions of the Education
  Code are repealed:
               (1)  the heading to Section 21.006;
               (2)  the heading to Subchapter C-1, Chapter 22; and
               (3)  Section 22.091.
  ARTICLE 4. TRANSITION; SEVERABILITY; EFFECTIVE DATE
         SECTION 4.01.  To the extent of any conflict, this Act
  prevails over another Act of the 89th Legislature, Regular Session,
  2025, relating to nonsubstantive additions to and corrections in
  enacted codes.
         SECTION 4.02.  It is the intent of the legislature that every
  provision, section, subsection, sentence, clause, phrase, or word
  in this Act, and every application of the provisions in this Act to
  each person or entity, is severable from each other. If any
  application of any provision in this Act to any person, group of
  persons, or circumstances is found by a court to be invalid for any
  reason, the remaining applications of that provision to all other
  persons and circumstances shall be severed and may not be affected.
         SECTION 4.03.  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 September 1, 2025.