Bill Text: TX HB218 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to improper relationships between educators and students; creating a criminal offense and expanding the applicability of an existing offense.
Spectrum: Moderate Partisan Bill (Republican 32-4)
Status: (Introduced - Dead) 2017-03-20 - Left pending in subcommittee [HB218 Detail]
Download: Texas-2017-HB218-Introduced.html
85R1843 GCB-D | ||
By: Dale | H.B. No. 218 |
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relating to improper relationships between educators and students; | ||
creating a criminal offense and expanding the applicability of an | ||
existing offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 21.12, Penal Code, is amended by | ||
amending Subsection (a) and adding Subsection (e) to read as | ||
follows: | ||
(a) An employee of a public or private primary or secondary | ||
school commits an offense if the employee: | ||
(1) engages in sexual contact, sexual intercourse, or | ||
deviate sexual intercourse with a person who is enrolled in a public | ||
or private primary or secondary school at which the employee works; | ||
(2) holds a position described by Section 21.003(a) or | ||
(b), Education Code, regardless of whether the employee holds the | ||
appropriate certificate, permit, license, or credential for the | ||
position, [ |
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or deviate sexual intercourse with a person the employee knows is[ |
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secondary school other than a school described by Subdivision (1) | ||
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(3) engages in conduct described by Section 33.021, | ||
with a person described by Subdivision (1), or a person the employee | ||
knows is a person described by Subdivision (2) [ |
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regardless of the age of that person. | ||
(e) With the consent of the appropriate local county or | ||
district attorney, the attorney general has concurrent | ||
jurisdiction with that consenting local prosecutor to prosecute an | ||
offense under this section. | ||
SECTION 2. Article 42.018(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) This article applies only: | ||
(1) to conviction or deferred adjudication granted on | ||
the basis of[ |
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age; or | ||
(2) to an offense for which a conviction or grant of | ||
deferred adjudication requires the defendant to register as a sex | ||
offender under Chapter 62. | ||
SECTION 3. Section 21.006, Education Code, is amended by | ||
amending Subsections (b), (b-1), (c), (e), and (f) and adding | ||
Subsections (c-1) and (i) to read as follows: | ||
(b) In addition to the reporting requirement under Section | ||
261.101, Family Code, the superintendent or director of a school | ||
district, open-enrollment charter school, regional education | ||
service center, or shared services arrangement or the principal of | ||
a school district or open-enrollment charter school campus shall | ||
notify the State Board for Educator Certification if: | ||
(1) an educator employed by or seeking employment by | ||
the district, school, service center, or shared services | ||
arrangement has a criminal record and the district, school, service | ||
center, or shared services arrangement obtained information about | ||
the educator's criminal record by a means other than the criminal | ||
history clearinghouse established under Section 411.0845, | ||
Government Code; | ||
(2) an educator's employment at the district, school, | ||
service center, or shared services arrangement was terminated and | ||
there is [ |
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(A) abused or otherwise committed an unlawful act | ||
with a student or minor; | ||
(A-1) was involved in a romantic relationship | ||
with or solicited or engaged in sexual contact with a student or | ||
minor; | ||
(B) possessed, transferred, sold, or distributed | ||
a controlled substance, as defined by Chapter 481, Health and | ||
Safety Code, or by 21 U.S.C. Section 801 et seq.; | ||
(C) illegally transferred, appropriated, or | ||
expended funds or other property of the district, school, service | ||
center, or shared services arrangement; | ||
(D) attempted by fraudulent or unauthorized | ||
means to obtain or alter a professional certificate or license for | ||
the purpose of promotion or additional compensation; or | ||
(E) committed a criminal offense or any part of a | ||
criminal offense on school property or at a school-sponsored event; | ||
(3) the educator resigned and there is evidence that | ||
the educator engaged in misconduct described by Subdivision (2); or | ||
(4) the educator engaged in conduct that violated the | ||
assessment instrument security procedures established under | ||
Section 39.0301. | ||
(b-1) A superintendent or director of a school district or | ||
open-enrollment charter school or a principal of a school district | ||
or open-enrollment charter school campus shall complete an | ||
investigation of an educator that involves [ |
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that the educator may have engaged in misconduct described by | ||
Subsection (b)(2)(A) or (A-1), despite the educator's resignation | ||
from district or school employment before completion of the | ||
investigation. | ||
(c) The superintendent or director, except as otherwise | ||
provided by Subsection (c-1), or the principal must notify the | ||
State Board for Educator Certification by filing a report with the | ||
board not later than the seventh day after the date the | ||
superintendent, [ |
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known about an educator's [ |
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Subsection (b)(1) or a termination of employment or resignation | ||
following an alleged incident of misconduct described by Subsection | ||
(b). The report must be: | ||
(1) in writing; and | ||
(2) in a form prescribed by the board. | ||
(c-1) A principal of a school district or open-enrollment | ||
charter school campus who files a report under Subsection (c) must | ||
notify the superintendent of the district or the director of the | ||
school, as applicable, about the filing of the report. A | ||
superintendent or director who is notified that a principal | ||
employed by the district or school has filed a report under | ||
Subsection (c) is not required to file a report concerning the | ||
criminal record or alleged incident of misconduct addressed in the | ||
principal's report. | ||
(e) A superintendent, [ |
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good faith and while acting in an official capacity files a report | ||
with the State Board for Educator Certification under this section | ||
is immune from civil or criminal liability that might otherwise be | ||
incurred or imposed. | ||
(f) The State Board for Educator Certification shall | ||
determine whether to impose sanctions against a superintendent, | ||
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of Subsection (c). | ||
(i) A superintendent, director, or principal required to | ||
file a report under Subsection (c) commits an offense if the | ||
superintendent, director, or principal knowingly fails to file the | ||
report by the date required by that subsection. An offense under | ||
this subsection is a Class A misdemeanor, except that the offense is | ||
a state jail felony if it is shown on the trial of the offense that | ||
the superintendent, director, or principal intended to conceal an | ||
educator's criminal record or alleged incident of misconduct. | ||
SECTION 4. Subchapter A, Chapter 21, Education Code, is | ||
amended by adding Section 21.0061 to read as follows: | ||
Sec. 21.0061. NOTICE TO PARENT OR GUARDIAN ABOUT EDUCATOR | ||
MISCONDUCT. (a) The board of trustees or governing body of a | ||
school district, open-enrollment charter school, regional | ||
education service center, or shared services arrangement shall | ||
adopt a policy under which notice is provided to the parent or | ||
guardian of a student with whom an educator is alleged to have | ||
engaged in misconduct described by Section 21.006(b)(2)(A) or (A-1) | ||
informing the parent or guardian: | ||
(1) that the alleged misconduct occurred; | ||
(2) whether the educator was terminated following an | ||
investigation of the alleged misconduct or resigned before | ||
completion of the investigation; and | ||
(3) whether a report was submitted to the State Board | ||
for Educator Certification concerning the alleged misconduct. | ||
(b) The policy required by this section must require that | ||
information specified by Subsection (a)(1) be provided as soon as | ||
feasible after the employing entity becomes aware that alleged | ||
misconduct may have occurred. | ||
SECTION 5. Subchapter A, Chapter 21, Education Code, is | ||
amended by adding Section 21.009 to read as follows: | ||
Sec. 21.009. PRE-EMPLOYMENT AFFIDAVIT. (a) An applicant for | ||
a position described by Section 21.003(a) or (b) with a school | ||
district, open-enrollment charter school, regional education | ||
service center, or shared services arrangement must submit, using a | ||
form adopted by the agency, a pre-employment affidavit disclosing | ||
whether the applicant has ever been charged with, accused of, | ||
adjudicated for, or convicted of having an inappropriate | ||
relationship with a minor. | ||
(b) An applicant who answers affirmatively concerning an | ||
inappropriate relationship with a minor must disclose in the | ||
affidavit all relevant facts pertaining to the charge, accusation, | ||
adjudication, or conviction, including, for a charge or accusation, | ||
whether the charge or accusation was determined to be true or false. | ||
(c) An applicant is not precluded from being employed based | ||
on a disclosed charge or accusation if the employing entity | ||
determines based on the information disclosed in the affidavit that | ||
the charge or accusation was false. | ||
(d) A determination that an employee failed to disclose | ||
information required to be disclosed by an applicant under this | ||
section is grounds for termination of employment. | ||
(e) The State Board for Educator Certification may revoke | ||
the certificate of an administrator if the board determines it is | ||
reasonable to believe that the administrator employed an applicant | ||
for a position described by Section 21.003(a) or (b) despite being | ||
aware that the applicant had been adjudicated for or convicted of | ||
having an inappropriate relationship with a minor. | ||
SECTION 6. Sections 21.054(d) and (e), Education Code, are | ||
amended to read as follows: | ||
(d) Continuing education requirements for a classroom | ||
teacher must provide that not more than 25 percent of the training | ||
required every five years include instruction regarding: | ||
(1) collecting and analyzing information that will | ||
improve effectiveness in the classroom; | ||
(2) recognizing early warning indicators that a | ||
student may be at risk of dropping out of school; | ||
(3) integrating technology into classroom | ||
instruction; [ |
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(4) educating diverse student populations, including: | ||
(A) students with disabilities, including mental | ||
health disorders; | ||
(B) students who are educationally | ||
disadvantaged; | ||
(C) students of limited English proficiency; and | ||
(D) students at risk of dropping out of school; | ||
and | ||
(5) understanding appropriate relationships, | ||
boundaries, and communications between educators and students. | ||
(e) Continuing education requirements for a principal must | ||
provide that not more than 25 percent of the training required every | ||
five years include instruction regarding: | ||
(1) effective and efficient management, including: | ||
(A) collecting and analyzing information; | ||
(B) making decisions and managing time; and | ||
(C) supervising student discipline and managing | ||
behavior; | ||
(2) recognizing early warning indicators that a | ||
student may be at risk of dropping out of school; | ||
(3) integrating technology into campus curriculum and | ||
instruction; [ |
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(4) educating diverse student populations, including: | ||
(A) students with disabilities, including mental | ||
health disorders; | ||
(B) students who are educationally | ||
disadvantaged; | ||
(C) students of limited English proficiency; and | ||
(D) students at risk of dropping out of school; | ||
and | ||
(5) preventing, recognizing, and reporting any sexual | ||
conduct between an educator and student that is prohibited under | ||
Section 21.12, Penal Code, or for which reporting is required under | ||
Section 21.006. | ||
SECTION 7. The heading to Section 21.058, Education Code, | ||
is amended to read as follows: | ||
Sec. 21.058. REVOCATION OF CERTIFICATE AND TERMINATION OF | ||
EMPLOYMENT BASED ON CONVICTION OF OR DEFERRED ADJUDICATION FOR | ||
CERTAIN OFFENSES. | ||
SECTION 8. Sections 21.058(a) and (b), Education Code, are | ||
amended to read as follows: | ||
(a) The procedures described by Subsections (b) and (c) | ||
apply only[ |
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on the basis of: | ||
(1) a felony offense under Title 5, Penal Code, [ |
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age; or | ||
(2) an offense for which a defendant is required to | ||
register as a sex offender under Chapter 62, Code of Criminal | ||
Procedure. | ||
(b) Notwithstanding Section 21.041(b)(7), not later than | ||
the fifth day after the date the board receives notice under Article | ||
42.018, Code of Criminal Procedure, of the conviction of or grant of | ||
deferred adjudication to a person who holds a certificate under | ||
this subchapter, the board shall: | ||
(1) revoke the certificate held by the person; and | ||
(2) provide to the person and to any school district or | ||
open-enrollment charter school employing the person at the time of | ||
revocation written notice of: | ||
(A) the revocation; and | ||
(B) the basis for the revocation. | ||
SECTION 9. Subchapter B, Chapter 21, Education Code, is | ||
amended by adding Section 21.0581 to read as follows: | ||
Sec. 21.0581. REVOCATION FOR ASSISTING PERSON WHO ENGAGED | ||
IN SEXUAL MISCONDUCT OBTAIN EMPLOYMENT. (a) The board may suspend | ||
or revoke a certificate held by a person under this subchapter, | ||
impose other sanctions against the person, or refuse to issue a | ||
certificate to the person under this subchapter if: | ||
(1) the person assists another person in obtaining | ||
employment at a school district or open-enrollment charter school, | ||
other than by the routine transmission of administrative and | ||
personnel files; and | ||
(2) the person knew or should have known that the other | ||
person has previously engaged in sexual misconduct with a minor or | ||
student in violation of the law. | ||
(b) The board may require a school district to revoke or | ||
decline to issue a school district teaching permit under Section | ||
21.055 issued to or requested by a person subject to board action | ||
under Subsection (a). | ||
SECTION 10. Section 21.062(a), Education Code, is amended | ||
to read as follows: | ||
(a) During an investigation by the commissioner of an | ||
educator for an alleged incident of misconduct, the commissioner | ||
may issue a subpoena to compel: | ||
(1) the attendance of a relevant witness; or | ||
(2) the production, for inspection or copying, of | ||
relevant evidence that is located in this state. | ||
SECTION 11. Section 21.355, Education Code, is amended by | ||
amending Subsection (a) and adding Subsections (d) and (e) to read | ||
as follows: | ||
(a) A document evaluating the performance of a teacher or | ||
administrator is confidential and is not subject to disclosure | ||
under Chapter 552, Government Code. | ||
(d) A school district or open-enrollment charter school may | ||
give the agency a document evaluating the performance of a teacher | ||
or administrator employed by the district or school. | ||
(e) Notwithstanding Subsection (a) and except as otherwise | ||
provided by a court order prohibiting disclosure, a document | ||
provided to the agency under Subsection (d) may be used in a | ||
disciplinary proceeding against a teacher or administrator based on | ||
a report submitted under Section 21.006 concerning an alleged | ||
incident of misconduct. | ||
SECTION 12. Subchapter A, Chapter 38, Education Code, is | ||
amended by adding Section 38.027 to read as follows: | ||
Sec. 38.027. ELECTRONIC COMMUNICATION POLICY. (a) In this | ||
section, "electronic communication" means any communication | ||
facilitated by the use of any electronic device, including a | ||
telephone, cellular telephone, computer, computer network, | ||
personal data assistant, or pager. The term includes e-mails, text | ||
messages, instant messages, and any communications made through an | ||
Internet website, including a social media website or a social | ||
networking website. | ||
(b) A school district shall adopt a written policy | ||
concerning electronic communications between a school employee and | ||
a student enrolled in the district. | ||
(c) The policy adopted under this section must include | ||
provisions designed to prevent improper electronic communications | ||
between a school employee and a student. | ||
SECTION 13. Section 39.057(a), Education Code, is amended | ||
to read as follows: | ||
(a) The commissioner may authorize special accreditation | ||
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 (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; | ||
(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; [ |
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(15) 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; or | ||
(16) as the commissioner otherwise determines | ||
necessary. | ||
SECTION 14. The change in law made by this Act to Section | ||
21.12, Penal Code, applies only to an offense committed on or after | ||
the effective date of this Act. An offense committed before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the offense was committed, and the former law is continued in | ||
effect for that purpose. For purposes of this section, an offense | ||
was committed before the effective date of this Act if any element | ||
of the offense was committed before that date. | ||
SECTION 15. This Act takes effect September 1, 2017. |