By: Harless H.B. No. 4125

A BILL TO BE ENTITLED

AN ACT

relating to the requirement that law enforcement agencies notify school districts when a school district employee is under investigation for certain criminal offenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 37, Education Code, is amended by adding Section 37.089 to read as follows:

Sec. 37.089. NOTIFICATION OF SCHOOL DISTRICT REGARDING EMPLOYEE UNDER INVESTIGATION

(a) DEFINITIONS AND SCOPE. In this section:

(1) "Law enforcement agency" means any agency of this state, or of a county, municipality, or other political subdivision of this state, that employs peace officers and/or is responsible for the enforcement of the Texas Penal Code and the investigation of criminal offenses.

(2) "Educational Institution" means:

(A) A public school district as defined under the Texas Education Code;

(B) An open-enrollment charter school under Subchapter D, Chapter 12, Texas Education Code;

(C) A private school as defined by Texas law;

(D) An accredited academy of any other legally recognized school entity operating within the state of Texas;

(3) "Educational Institution Employee" means an individual employed by an educational institution as defined in this section.

(b) INVESTIGATION NOTIFICATION REQUIREMENT. A law enforcement agency that initiates an investigation, makes an arrest, secures an indictment, or formally charges an educational institution employee for:

(1) Any offense under Title 5, Penal Code, if the alleged victim is a child under 18 years of age or a current student in an educational institution;

(2) Any offense under Chapter 43, Penal Code, if the alleged victim is a child under 18 years of age or a current student in an educational institution; or

(3) Any felony offense, regardless of the age of the alleged victim;

Shall notify the chief of police of the educational institution where the employee is employed or, if the educational institution does not have a police department, the superintendent, chief executive officer, or designee of the educational institution.

If the law enforcement agency determines that no charges will be filed or the case is dismissed, the agency must notify the educational institution within two working days to ensure that administrative decisions are based on updated information.

(c) NOTIFICATION TIMELINES AND CONTENT. The notification required under Subsection (b) must include:

(1) Oral Notification: The law enforcement agency shall orally notify the district's superintendent or the chief of police of the educational institution within 24 hours after the investigation is initiated or before the next school day, whichever is earlier; and

(2) Written Notification: Within seven days after the date of the oral notice, the law enforcement agency shall send a written notification marked "PERSONAL and CONFIDENTIAL" to the district's superintendent or chief of police. The written notification shall include:

(i) The nature of the investigation and any relevant safety concerns;

(ii) The name of the individual under investigation;

(iii) The date and time the oral notification was provided; and

(iv) Any non-confidential facts necessary for school administrators to determine student and staff safety precautions.

(d) CONFIDENTIALITY, INVESTIGATION INTEGRITY, AND EVIDENCE PROTECTION. The notifications listed under Subsection (c) shall not disclose any confidential information prohibited by law or any details that could compromise an active investigation, including specific evidence, witness identities, or investigative strategies, but shall provide sufficient information for the educational institution to take any necessary administrative or safety measures.

Any information received under this section may not be disclosed to unauthorized individuals. The district's superintendent or chief of police may only share this information with:

(1) Law enforcement personnel involved in the investigation;

(2) School administrators with direct responsibility over the employee under investigation;

(3) Legal counsel for the educational institution; and

(4) Instructional and support personnel with direct supervision responsibilities, if required for student safety.

Any unauthorized disclosure of information is subject to disciplinary action and may be reported to the State Board for Educator Certification for possible suspension or revocation of the offending individual's educator certification.

(e) ONGOING UPDATES. The law enforcement agency shall provide updates to the superintendent or chief of police as necessary to ensure ongoing safety within the school environment.

(f) SCHOOL DISTRICT CONFIDENTIALITY OBLIGATION. An educational institution receiving notification under this section shall keep the information confidential and use it only for purposes necessary to maintain student safety and administrative compliance. The educational institution and law enforcement agencies shall cooperate to determine how to maintain student safety while not compromising the integrity of the criminal investigation. Upon receiving a notification under this section, the district's superintendent or chief of police shall immediately notify all instructional and support personnel responsible for supervising the employee under investigation if deemed necessary for student safety. All personnel must keep this information confidential, and any unauthorized disclosure of this information shall be subject to disciplinary action as prescribed by state law.

(g) REPORTING REQUIREMENTS. A law enforcement agency subject to this section shall submit an annual compliance report to the Texas Education Agency, detailing:

(1) The number of notifications made;

(2) The timeliness of notifications;

(3) The number of written follow-ups completed; and

(4) Any instances of noncompliance and corrective measures taken.

The Texas Education Agency shall establish a statewide reporting system to track law enforcement agencies' compliance. Failure to comply with this section shall be reported to the Texas Commission on Law Enforcement for further action.

(h) STATE AGENCY ROLE AND TRANSPARENCY. The Texas Education Agency shall oversee compliance with this section and may develop guidelines to assist law enforcement agencies and educational institutions in meeting notification requirements. The Texas Education Agency shall also establish a structured communication protocol to ensure transparency and accountability between law enforcement agencies and educational institutions.

(i) TRAINING REQUIREMENTS AND PROACTIVE SAFETY MEASURES. The Texas Education Agency shall develop and provide training materials for school administrators regarding the appropriate handling of notifications received under this section. The training shall include:

(1) Best practices for maintaining student safety and administrative compliance;

(2) Confidentiality measures to protect investigation integrity;

(3) Coordination protocols between law enforcement and school districts; and

(4) Guidance on placing employees on temporary administrative leave pending investigation outcomes to mitigate potential risks to students and staff while not compromising the integrity of the investigation.

SECTION 2. This Act takes effect immediately if it receives a vote of at least 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 necessary vote, it takes effect September 1, 2025.