|
|
|
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. |