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A BILL TO BE ENTITLED
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AN ACT
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relating to the reporting of private school educator misconduct; |
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providing an administrative penalty; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.0061(a), Education Code, is amended |
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to read as follows: |
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(a) The board of trustees or governing body of a school |
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district, district of innovation, private school, open-enrollment |
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charter school, other charter entity, regional education service |
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center, or shared services arrangement shall adopt a policy under |
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which notice is provided to the parent or guardian of a student with |
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whom an educator is alleged to have engaged in misconduct described |
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by Section 21.006(b)(2)(A) or (A-1) or Section 21.0062(b)(2)(A) or |
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(B), as applicable, informing the parent or guardian: |
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(1) that the alleged misconduct occurred; |
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(2) whether the educator was terminated following an |
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investigation of the alleged misconduct or resigned before |
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completion of the investigation; and |
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(3) whether a report was submitted to the State Board |
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for Educator Certification concerning the alleged misconduct. |
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SECTION 2. Section 21.0062(a)(2), Education Code, is |
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amended to read as follows: |
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(2) "Private school educator" means a person employed |
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by [or seeking employment in] a private school for a position in |
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which the person would be required to hold a certificate issued |
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under Subchapter B if the person were employed by a school district. |
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SECTION 3. Section 21.0062, Education Code, is amended by |
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amending Subsections (b), (c), (d), and (e) and adding Subsections |
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(e-1), (e-2), (g-1), (g-2), (j), (k), and (l) to read as follows: |
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(b) In addition to the reporting requirement under Section |
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261.101, Family Code, and except as provided by Subsection (e-1), |
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the chief administrative officer of a private school shall notify |
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the State Board for Educator Certification if: |
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(1) a private school educator[: |
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[(1)] or a person seeking employment at the school for |
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a position in which the person would be required to hold a |
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certificate issued under Subchapter B if the person were employed |
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by a school district has a criminal record and the [private] school |
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obtained information about the educator's criminal record; or |
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(2) a private school educator resigned or was |
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terminated and there is evidence that the educator: |
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(A) abused or otherwise committed an unlawful act |
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with a student or minor; [or] |
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(B) was involved in a romantic relationship with |
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or solicited or engaged in sexual contact with a student or minor; |
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(C) possessed, transferred, sold, or distributed |
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a controlled substance, as defined by Chapter 481, Health and |
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Safety Code, or by 21 U.S.C. Section 801 et seq.; |
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(D) illegally transferred, appropriated, or |
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expended funds or other property of the school; |
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(E) attempted by fraudulent or unauthorized |
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means to obtain or alter a professional certificate or license for |
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the purpose of promotion or additional compensation; or |
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(F) committed a criminal offense or any part of a |
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criminal offense on school property or at a school-sponsored event. |
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(c) If there is evidence that a private school educator may |
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have engaged in misconduct described by Subsection (b)(2)(A) or |
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(B), the chief administrative officer of the private school shall |
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complete an investigation, regardless of whether [(b) and] the |
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educator resigns from employment before completion of the |
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investigation[, the chief administrative officer of the private |
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school shall submit the evidence of misconduct collected to the |
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State Board for Educator Certification]. |
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(d) Except as provided by Subsection (e-1), the [The] chief |
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administrative officer of the private school must notify the State |
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Board for Educator Certification by filing a report with the board |
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not later than the seventh business day after the date the chief |
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administrative officer knew that a private school educator: |
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(1) has a criminal record under Subsection (b)(1); or |
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(2) was terminated following an alleged incident of |
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misconduct described by Subsection (b)(2). |
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(e) The report filed under Subsection (d): |
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(1) must be: |
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(A) [(1)] in writing; and |
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(B) [(2)] in a form prescribed by the board; and |
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(2) may be filed through the Internet portal developed |
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and maintained by the State Board for Educator Certification under |
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Subsection (g-2). |
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(e-1) The chief administrative officer of a private school |
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is not required to notify the State Board for Educator |
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Certification or file a report with the board under Subsection (b) |
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or (d) if the officer: |
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(1) completes an investigation into a private school |
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educator's alleged incident of misconduct described by Subsection |
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(b)(2)(A) or (B) before the educator's termination of employment or |
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resignation; and |
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(2) determines the private school educator did not |
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engage in the alleged incident of misconduct described by |
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Subsection (b)(2)(A) or (B). |
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(e-2) The chief administrative officer shall notify the |
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governing body of the private school and the educator of the filing |
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of the report required by Subsection (d). |
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(g-1) The State Board for Educator Certification shall |
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determine whether to impose sanctions, including an administrative |
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penalty under Subsection (j), against a chief administrative |
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officer who fails to file a report in violation of Subsection (d). |
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(g-2) The State Board for Educator Certification shall |
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develop and maintain an Internet portal through which a report |
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required under Subsection (d) may be confidentially and securely |
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filed. |
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(j) If an educator serving as a chief administrative officer |
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is required to file a report under Subsection (d) and fails to file |
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the report by the date required by that subsection, the State Board |
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for Educator Certification may impose on the educator an |
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administrative penalty of not less than $500 and not more than |
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$10,000. The State Board for Educator Certification may not renew |
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the certification of an educator against whom an administrative |
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penalty is imposed under this subsection until the penalty is paid. |
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(k) A chief administrative officer required to file a report |
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under Subsection (d) commits an offense if the officer fails to file |
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the report by the date required by that subsection with intent to |
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conceal a private school educator's criminal record or alleged |
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incident of misconduct. An offense under this subsection is a state |
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jail felony. |
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(l) The commissioner may review the records of a private |
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school to ensure compliance with the requirement to report |
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misconduct under this section. |
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SECTION 4. Subchapter A, Chapter 21, Education Code, is |
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amended by adding Section 21.0063 to read as follows: |
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Sec. 21.0063. ACCESS TO REPORTS OF ALLEGED |
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MISCONDUCT. (a) In this section, "educator" includes a person |
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defined as a private school educator under Section 21.0062(a). |
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(b) The State Board for Educator Certification shall |
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provide private schools and public schools equivalent access to |
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reports made under this subchapter concerning the criminal record |
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or alleged misconduct of an educator. |
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SECTION 5. This Act takes effect September 1, 2025. |