89R15519 KRM-D

By: Lowe H.B. No. 4831

A BILL TO BE ENTITLED

AN ACT

relating to prohibiting private schools from hiring persons in the registry of persons not eligible for employment in schools and to persons who must be listed in that registry.

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

SECTION 1. The heading to Subchapter C-1, Chapter 22, Education Code, is amended to read as follows:

SUBCHAPTER C-1. PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN [PUBLIC]

SCHOOLS

SECTION 2. The heading to Section 22.092, Education Code, is amended to read as follows:

Sec. 22.092. REGISTRY OF PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN [PUBLIC] SCHOOLS.

SECTION 3. Sections 22.092(a), (b), and (c), Education Code, are amended to read as follows:

(a) The agency shall maintain and make available through the Internet portal developed and maintained by the agency under Section 22.095 a registry of persons who are not eligible to be employed by a school district, district of innovation, open-enrollment charter school, other charter entity, private school, regional education service center, or shared services arrangement.

(b) A school district, district of innovation, open-enrollment charter school, other charter entity, private school, regional education service center, or shared services arrangement shall discharge or refuse to hire a person listed on the registry maintained under this section.

(c) The registry maintained under this section must list the following persons as not eligible to be employed by public or private 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 21.058(b);

(4) a person whose certification or permit issued under Subchapter B, Chapter 21, is revoked by the 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) or 21.0062(b)(2); and

(5) a person who is determined by the commissioner under Section 22.094 to have engaged in misconduct described by Section 22.093(c)(1)(A) or (B).

SECTION 4. Section 22.095, Education Code, is amended to read as follows:

Sec. 22.095. INTERNET PORTAL. The agency shall develop and maintain an Internet portal through which:

(1) a report required under Section 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 in [public] schools as described by Section 22.092; and

(B) information indicating that a person is under investigation for alleged misconduct in accordance with Section 22.094(d), provided that the agency must provide the information through a procedure other than the registry described under Paragraph (A).

SECTION 5. Section 22.096, Education Code, is amended to read as follows:

Sec. 22.096. COMPLIANCE MONITORING. The agency shall periodically conduct site visits and review the records of school districts, districts of innovation, open-enrollment charter schools, other charter entities, private schools, regional education service centers, and shared services arrangements to ensure compliance with Section 22.092(b).

SECTION 6. This Act applies beginning with the 2025-2026 school year.

SECTION 7. 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.