By: Lowe H.B. No. 5406

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the office of inspector general, appointed by the State Board of Education, with jurisdiction to investigate allegations of public school employee misconduct.

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

SECTION 1. Subtitle D, Title 2, Education Code, is amended by adding Chapter 22A to read as follows:

CHAPTER 22A. OFFICE OF INSPECTOR GENERAL

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 22A.001. DEFINITION. In this chapter, "office" means the office of inspector general established under this chapter.

Sec. 22A.002. OFFICE OF INSPECTOR GENERAL. (a) The office of inspector general is established as a division of the State Board of Education. The office shall operate independently in performing the office's duties under this chapter, and the board may not maintain control of or have a vested interest in or exert influence over the office.

(b) The board shall appoint an inspector general to serve as director of the office. The inspector general serves a term of four years and must be limited to no greater than 12 years total as inspector general, whether consecutive or non-consecutive. The inspector general may be removed for cause only by a unanimous vote of the board. A former inspector general may be employed in the office in a subordinate role.

(c) The board shall provide staff and administrative resources and support services as necessary to ensure that investigations authorized by this chapter are conducted expeditiously.

SUBCHAPTER B. POWERS AND DUTIES

Sec. 22A.051. GENERAL RESPONSIBILITIES. (a) The office is responsible for the investigation of allegations of public school employee misconduct described by Section 21.006(b)(2)(A) or (A-1) or 22.093(c)(1)(A) or (B).

(b) The office may:

(1) receive and investigate allegations of public school employee misconduct described by Section 21.006(b)(2)(A) or (A-1) or 22.093(c)(1)(A) or (B);

(2) conduct special investigations authorized by the board under Section 39.003(a); and

(3) make findings of fact regarding an allegation described by Subdivision (1).

(c) The office shall perform all other duties and exercise all other powers granted to the office by this chapter or other law.

Sec. 22A.052. GENERAL POWERS. (a) The office has all the powers necessary or appropriate to carry out its responsibilities and functions under this chapter and other law.

(b) Subject to Subsection (c), in conducting an investigation under this chapter, the office may:

(1) attend any meeting or proceeding of a school district or open-enrollment charter school, including a meeting or proceeding that is closed to the public, except for a private consultation of the entity with its attorney permitted under Section 551.071, Government Code; and

(2) inspect the records, documents, and files of a school district or open-enrollment charter school, including any record, document, or file that is not subject to public disclosure under Chapter 552, Government Code, or other law.

(c) The office's authority under Subsection (b) applies only to a meeting, a proceeding, or information that is relevant to the discovery of relevant information regarding an allegation of public school employee misconduct described by Section 21.006(b)(2)(A) or (A-1) or 22.093(c)(1)(A) or (B). The office may not inspect a record, document, or file that is a privileged communication between an individual and the individual's attorney.

(d) The inspection or disclosure of a record, document, or file for purposes of an investigation under this chapter is not a voluntary disclosure under Section 552.007, Government Code. A record, document, or file made available to the office for purposes of an investigation under this chapter is not subject to public disclosure by the office.

Sec. 22A.053. SUBPOENAS. (a) The inspector general may issue a subpoena to compel the attendance of a relevant witness at a hearing or deposition under this chapter or to compel the production, for inspection or copying, of books, papers, records, documents, or other relevant materials, including electronic data, in connection with an investigation, review, hearing, or deposition conducted under this chapter.

(b) A subpoena may be served personally or by certified mail. If a person fails to comply with a subpoena, the inspector general, acting through the attorney general, may file suit to enforce the subpoena in a district court in this state.

(c) On finding that good cause exists for issuing the subpoena, the court shall order the person to comply with the subpoena. The court may hold in contempt a person who fails to obey the court order.

Sec. 22A.054. COOPERATION WITH LOCAL LAW ENFORCEMENT. The office may refer matters for further criminal action to an appropriate local law enforcement agency.

Sec. 22A.055. CONFIDENTIALITY. (a) Information received by the office regarding an allegation of misconduct is confidential and not subject to disclosure under Chapter 552, Government Code. The office shall maintain the information in a manner that preserves the information's confidentiality.

(b) The disclosure of confidential information to the office under this chapter does not constitute a waiver of confidentiality. Any information disclosed to the office under this chapter remains confidential and privileged following disclosure.

(c) This section does not prohibit the office from communicating with the Texas Education Agency, the State Board of Education, a school district, or an open-enrollment charter school, regarding confidential information disclosed to the office by the agency, board, district, or open-enrollment charter school.

Sec. 22A.056. RETALIATION PROHIBITED. (a) The agency, the board, a school district, or an open-enrollment charter school may not retaliate against:

(1) a parent of a child enrolled in a school district or open-enrollment charter school who in good faith reports an allegation of misconduct to the office;

(2) a child enrolled in a school district or open-enrollment charter school whose parent in good faith reports an allegation of misconduct to the office; or

(3) any person, including an employee of the agency, board, district, or open-enrollment charter school, who in good faith cooperates with the office in an investigation.

(b) The office shall collaborate with the board to establish consequences for a retaliatory action taken in violation of this section.

Sec. 22A.057. REPORT. The inspector general shall issue and file with the board a report that contains the inspector general's final determinations regarding an allegation of misconduct and any recommended actions to be taken as a result of the allegation.

SECTION 2. Section 39.003(a), Education Code, is amended to read as follows:

(a) The commissioner, or inspector general as established by Chapter 22A, 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 State Board of Education [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 school board of trustees or between the State Board of Education [board] the district administration if it appears that the conflict involves a violation of a role or duty of the school 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, or inspector general as established by Chapter 22A, 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, or inspector general as established by Chapter 22A;

(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);]

(12) [(13)] when an excessive number of students is graduating with a particular endorsement under Section 28.025(c-1);

(13) [(14)] in response to a complaint submitted to the board [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 board [agency] to make a determination relating to public school accountability, including accreditation, under this chapter;

(14) [(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;

(15) [(16)] when a school district for any reason fails to produce, at the request of the board [agency], evidence or an investigation report relating to an educator who is under investigation by the State Board for Educator Certification; [or]

(16) [(17)] by the office of inspector general for the purpose of investigating allegations of public school employee misconduct described by Section 21.006(b)(2)(A) or (A-1) or 22.093(c)(1)(A) or (B); or

(17) as the commissioner or inspector general otherwise determines necessary.

SECTION 3. As soon as practicable after the effective date of this Act, the State Board of Education shall appoint an inspector general under Chapter 22A, Education Code, as added by this Act.

SECTION 4. This Act takes effect September 1, 2025.