Bill Text: TX HB117 | 2023 | 88th Legislature 4th Special Session | Introduced
Bill Title: Relating to the appointment of an inspector general for education and the creation of a division of inspector general for education in the governor's office to investigate the administration of public education.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-12-04 - Filed [HB117 Detail]
Download: Texas-2023-HB117-Introduced.html
By: Shaheen | H.B. No. 117 |
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relating to the appointment of an inspector general for education | ||
and the creation of a division of inspector general for education in | ||
the governor's office to investigate the administration of public | ||
education. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 39.003(a), Education Code, is amended to | ||
read as follows: | ||
(a) The commissioner 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 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 board of trustees or between the board and | ||
the district administration if it appears that the conflict | ||
involves a violation of a role or duty of the 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 under Section | ||
39.0241(a) on assessment instruments administered under Section | ||
39.023(a), (c), or (1); | ||
(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; | ||
(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); | ||
(13) when an excessive number of students is | ||
graduating with a particular endorsement under Section | ||
28.025(c-1); | ||
(14) in response to a complaint submitted to the | ||
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 agency to make a determination | ||
relating to public school accountability, including accreditation, | ||
under this chapter; | ||
(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; | ||
(16) when a school district for any reason fails to | ||
produce, at the request of the agency, evidence or an investigation | ||
report relating to an educator who is under investigation by the | ||
State Board for Educator Certification; [ |
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(17) by the division of inspector general for | ||
education established under Chapter 452, Government Code, for the | ||
purpose of investigating: | ||
(A) allegations of fraud, waste, and abuse in the | ||
administration of public education; | ||
(B) violations of school safety and security, | ||
including audits conducted under Section 37.108, Section 37.1081, | ||
Section 37.1082, and Section 37.109, and other violations of this | ||
code; and | ||
(C) violations of this code by school employees, | ||
school representatives, or contractors involved in public schools; | ||
or | ||
(18) as the commissioner otherwise determines | ||
necessary. | ||
SECTION 2. Subtitle D, Title 4, Government Code, is amended | ||
by adding Chapter 452 to read as follows: | ||
CHAPTER 452. INSPECTOR GENERAL FOR EDUCATION | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 452.001. DEFINITIONS. In this chapter: | ||
(1) "Division" means the division of inspector general | ||
for education established under this chapter. | ||
(2) "Fraud" means an intentional deception or | ||
misrepresentation made by a person with the knowledge that the | ||
deception or misrepresentation could result in some unauthorized | ||
benefit to that person or some other person. The term includes any | ||
act that constitutes fraud under applicable federal or state law. | ||
(3) "Local education agency" includes a school | ||
district or county system described by Subchapter G, Chapter 11, | ||
Education Code. | ||
Sec. 452.002. DIVISION OF INSPECTOR GENERAL FOR EDUCATION. | ||
(a) The division of inspector general for education is established | ||
in the office of the governor. | ||
(b) The governor shall appoint an inspector general to serve | ||
as director of the division. The inspector general serves until | ||
removed by the governor. | ||
(c) The office of the governor shall provide staff and | ||
administrative resources and support services as necessary to | ||
ensure that investigations and reviews authorized by this chapter | ||
are conducted expeditiously. | ||
(d) The commissioner shall provide the inspector general | ||
full access to all data under the agency's control, including all | ||
Public Education Information Management System (PEIMS) data and | ||
other data pertaining to school disciplinary records. | ||
SUBCHAPTER B. POWERS AND DUTIES | ||
Sec. 452.051. GENERAL RESPONSIBILITIES. (a) The division | ||
is responsible for: | ||
(1) the investigation, prevention, and detection of | ||
wrongdoing and fraud, waste, and abuse in the administration of | ||
public education by school districts, open-enrollment charter | ||
schools, regional education service centers, and other local | ||
education agencies in this state; and | ||
(2) the investigation of actions taken by school | ||
districts, open-enrollment charter schools, regional education | ||
service centers, and other local education agencies in this state | ||
in relation to violations of school safety and security and other | ||
violations of the Education Code. | ||
(b) The division may investigate: | ||
(1) allegations of fraud, waste, and abuse and | ||
violations of the Education Code or other law; | ||
(2) violations of school safety and security, | ||
including audits under Section 37.108, Section 37.1081, Section | ||
37.1082, and Section 37.109; and | ||
(3) allegations of violations of the Education Code. | ||
(c) The division may: | ||
(1) conduct civil and administrative investigations | ||
and initiate reviews of a school district, an open-enrollment | ||
charter school, a regional education service center, or another | ||
local education agency as considered appropriate by the inspector | ||
general; | ||
(2) conduct audits of the use of funds, including | ||
funds used for school security, by a school district, an | ||
open-enrollment charter school, a regional education service | ||
center, or another local education agency; | ||
(3) receive complaints from any source and investigate | ||
on its own initiative; | ||
(4) conduct special investigations authorized by the | ||
commissioner of education under Section 39.003(a), Education Code; | ||
(5) make findings of fact that a school district, an | ||
open-enrollment charter school, a regional education service | ||
center, or another local education agency or an employee or agent | ||
of one of those entities committed an act of wrongdoing, fraud, | ||
waste, or abuse in the administration of public education and take | ||
appropriate action as determined by the governor in consultation | ||
with the commissioner of education, regardless of any time | ||
requirement relating to the action under Chapter 8, 12, or 39A, | ||
Education Code; | ||
(6) after finding that there has been a violation of | ||
school safety and security, prescribe binding corrective or | ||
disciplinary action to be taken; and | ||
(7) review audits conducted under Section 37.108, | ||
Section 37.1081, Section 37.1082, and Section 37.109. | ||
(d) The commissioner of education may take control of the | ||
management of any part of an entity described by Subsection (c)(5) | ||
for which the division finds a violation of school safety and | ||
security under Subsection (c)(6). | ||
(e) The governor may order the division to conduct a | ||
forensic audit of any school district, open-enrollment charter | ||
school, regional education service center, or other local | ||
education agency in this state. The entity for which the audit was | ||
ordered shall pay the costs of the audit. | ||
(f) The division shall perform all other duties and exercise | ||
all other powers granted to the division by this chapter or other | ||
law. | ||
Sec. 452.052. GENERAL POWERS. (a) The division 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 of the board of trustees of a | ||
school district, the governing body of an open-enrollment charter | ||
school, the board of directors of a regional education service | ||
center or another local education agency, or the executive | ||
leadership of any of those entities, the division may: | ||
(1) attend any meeting or proceeding of the school | ||
district, open-enrollment charter school, regional education | ||
service center, or other local education agency, 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; and | ||
(2) inspect the records, documents, and files of the | ||
school district, open-enrollment charter school, regional | ||
education service center, or other local education agency, | ||
including any record, document, or file that is not subject to | ||
public disclosure under Chapter 552 or other law. | ||
(c) The division'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 | ||
wrongdoing or a violation of the Education Code or of fraud, waste, | ||
or abuse in the administration of public education by a person or | ||
entity described by Subsection (b). The division 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. A record, document, or | ||
file made available to the division for purposes of an | ||
investigation under this chapter is not subject to public | ||
disclosure by the division. | ||
(e) The inspector general may prescribe binding | ||
disciplinary action and a corrective timeline for any entity | ||
described by Subsection (b). | ||
(f) The inspector general shall have full access to all data | ||
under the agency's control, including all Public Education | ||
Information Management System (PEIMS) data and other data | ||
pertaining to school disciplinary records. | ||
(g) The inspector general may review all audits under | ||
conducted under Section 37.108, Section 37.1081, Section 37.1082, | ||
and Section 37.109. The inspector general may issue binding | ||
corrective timelines and disciplinary actions for emergency | ||
operations plan noncompliance. | ||
(h) The commissioner may appoint the inspector general as a | ||
conservator under Section 37.1082. | ||
Sec. 452.053. 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. 452.054. COOPERATION WITH OTHER ENTITIES. The | ||
division may refer matters for further civil and administrative | ||
action to appropriate administrative agencies, including the | ||
attorney general. | ||
SECTION 3. 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 on the 91st day after the last day of the | ||
legislative session. |