By: Sparks, et al. S.B. No. 1224

A BILL TO BE ENTITLED

AN ACT

relating to the reporting of certain public or private school employee misconduct to local law enforcement.

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

SECTION 1. Section 21.006, Education Code, is amended by adding Subsection (b-3) and amending Subsections (i) and (j) to read as follows:

(b-3) The superintendent or director of a school district, district of innovation, open-enrollment charter school, other charter entity, regional education service center, or shared services arrangement shall provide written notice to the police department of the municipality in which the entity is located or, if the entity is not in a municipality, the sheriff of the county in which the entity is located not later than 48 hours after the date the superintendent or director has reasonable cause to believe that an educator is alleged to have engaged in misconduct described by Subsection (b)(2)(A) or (A-1).

(i) If an educator serving as a superintendent or director is required to provide notice under Subsection (b-3) or file a report under Subsection (c) and fails to provide notice or file the report by the date required by the applicable [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 (b-2) and fails to provide the notice by the date required by that subsection, the 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 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.

(j) A superintendent or director required to provide notice under Subsection (b-3) or file a report under Subsection (c) commits an offense if the superintendent or director fails to provide notice or file the report by the date required by the applicable [that] subsection with intent to conceal an educator's criminal record or alleged incident of misconduct. A principal required to notify a superintendent or director about an educator's criminal record or alleged incident of misconduct under Subsection (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. An offense under this subsection is a state jail felony.

SECTION 2. Section 21.0062, Education Code, is amended by adding Subsection (d-1) and amending Subsections (e), (g), and (h) to read as follows:

(d-1) The chief administrative officer of a private school shall provide written notice to the police department of the municipality in which the school is located or, if the school is not in a municipality, the sheriff of the county in which the school is located not later than 48 hours after the date the chief administrative officer has reasonable cause to believe that a private school educator is alleged to have engaged in misconduct described by Subsection (b)(2).

(e) The report filed with the State Board for Educator Certification under Subsection (d) must be:

(1) in writing; and

(2) in a form prescribed by the board.

(g) A chief administrative officer of a private school or any other person who in good faith files a report with the State Board for Educator Certification under Subsection (d), provides notice to a police department or sheriff under Subsection (d-1), [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 with the State Board for Educator Certification under Subsection (d) [this section], but the name of the student or minor is not public information under Chapter 552, Government Code.

SECTION 3. Section 22.093, Education Code, is amended by adding Subsection (c-1) and amending Subsections (i) and (k) to read as follows:

(c-1) The superintendent or director of a school district, district of innovation, open-enrollment charter school, other charter entity, regional education service center, or shared services arrangement shall provide written notice to the police department of the municipality in which the entity is located or, if the entity is not in a municipality, the sheriff of the county in which the entity is located not later than 48 hours after the date the superintendent or director has reasonable cause to believe that an employee is alleged to have engaged in misconduct described by Subsection (c)(1)(A) or (B).

(i) The commissioner shall refer an educator who fails to provide notice under Subsection (c-1) or file a report in violation of Subsection (f) to the State Board for Educator Certification, and the board shall determine whether to impose sanctions against the educator.

(k) A superintendent or director required to provide notice under Subsection (c-1) or file a report under Subsection (f) commits an offense if the superintendent or director fails to provide notice or file the report by the date required by the applicable [that] subsection with intent to conceal an employee's criminal record or alleged incident of misconduct. A principal required to notify a superintendent or director about an employee's alleged incident of misconduct under Subsection (e) commits an offense if the principal fails to provide the notice by the date required by that subsection with intent to conceal an employee's alleged incident of misconduct. An offense under this subsection is a state jail felony.

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