88S30275 TSS-D
	By: Smith	H.B. No. 122

	A BILL TO BE ENTITLED
	AN ACT
	relating to reports of certain misconduct engaged in by an employee
	of a public school, regional education service center, or shared
	services arrangement and a study by the Texas Education Agency
	regarding employee misconduct reporting mechanisms.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 22.092, Education Code, is amended by
	adding Subsection (c-1) to read as follows:
	(c-1)  An employee described by Subsection (c) must be listed
	on the registry maintained under this section regardless of whether
	the employee resigned from the employee's position before the
	completion of an investigation into the alleged misconduct.
	SECTION 2.  Section 22.095, Education Code, is amended to
	read as follows:
	Sec. 22.095.  INTERNET PORTAL AND TOLL-FREE TELEPHONE
	NUMBER.  (a) The agency shall develop and maintain an Internet
	portal through which:
	(1)  a person may confidentially and securely submit a
	report of misconduct engaged in by an employee of a school district,
	district of innovation, open-enrollment charter school, other
	charter entity, regional education service center, or shared
	services arrangement, including 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).
	(b)  The agency shall provide a toll-free telephone number at
	which a person may submit a report described by Subsection (a)(1)
	confidentially and securely.
	SECTION 3.  Subchapter C-1, Chapter 22, Education Code, is
	amended by adding Sections 22.097, 22.098, and 22.099 to read as
	follows:
	Sec. 22.097.  CONCEALMENT OF MISCONDUCT. Notwithstanding
	any other law, if the board of trustees of a school district or the
	governing body of an open-enrollment charter school determines that
	a superintendent, principal, or other district or school employee
	has intentionally or knowingly concealed or delayed the reporting
	of the misconduct of another employee that involves a student, the
	board or governing body shall immediately terminate the employment
	of that superintendent, principal, or other employee.
	Sec. 22.098.  NOTICE TO PARENT. As soon as practicable after
	receiving a complaint alleging the misconduct of an employee
	involving a student but not later than the seventh day after the
	date on which the complaint was received, a school district,
	district of innovation, open-enrollment charter school, other
	charter entity, regional education service center, or shared
	services arrangement shall notify the parents of or persons
	standing in parental relation to each student who regularly
	interacts with the employee of the existence and nature of the
	complaint.
	Sec. 22.099.  STUDY ON EMPLOYEE MISCONDUCT REPORTING
	SYSTEMS. (a)  The agency shall conduct a study on the registry of
	persons not eligible for employment in public schools under Section
	22.092 and other provisions of this subchapter relating to the
	reporting of employee misconduct. In conducting the study, the
	agency shall:
	(1)  analyze reports of employee misconduct made in
	school districts, districts of innovation, open-enrollment charter
	schools, other charter entities, regional education service
	centers, and shared services arrangements throughout this state and
	determine for each report:
	(A)  the person who originally reported the
	misconduct;
	(B)  the person to whom the misconduct was
	originally reported;
	(C)  the process by which the report was
	investigated;
	(D)  the results of the investigation;
	(E)  any employment repercussions initiated due
	to the reported misconduct;
	(F)  whether the employee was eligible for
	inclusion in the registry under Section 22.092 as a result of the
	reported misconduct; and
	(G)  whether the employee was included in the
	registry under Section 22.092;
	(2)  develop recommendations for improving reporting
	systems and investigative processes on the statewide level and for
	amending any required deadlines, definitions, penalties, or
	restrictions in employee misconduct reporting systems developed
	and maintained by specific school districts, districts of
	innovation, open-enrollment charter schools, other charter
	entities, regional education service centers, and shared services
	arrangements; and
	(3)  investigate the feasibility of developing and
	maintaining a public database through the Internet portal
	maintained under Section 22.095 of employees accused of misconduct,
	including the names and photographs of each employee accused, and,
	if feasible, implement such a database.
	(b)  Not later than December 1, 2025, the agency shall
	prepare and submit to the legislature a report on the results of the
	study and any recommendations for legislative or other action.
	(c)  This section expires September 1, 2026.
	SECTION 4.  This Act applies beginning with the 2024-2025
	school year.
	SECTION 5.  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.