Bill Text: TX HB2738 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to employing, terminating, and reporting the misconduct of public school personnel and related entity personnel, including creating a registry of persons ineligible for hire; creating criminal offenses.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2019-04-04 - Left pending in committee [HB2738 Detail]
Download: Texas-2019-HB2738-Introduced.html
86R291 GCB-F | ||
By: Meyer | H.B. No. 2738 |
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relating to employing, terminating, and reporting the misconduct of | ||
public school personnel and related entity personnel, including | ||
creating a registry of persons ineligible for hire; creating | ||
criminal offenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 7.028(a), Education Code, is amended to | ||
read as follows: | ||
(a) Except as provided by Section 21.006(k), 22.092(l), | ||
22.094, 29.001(5), 29.010(a), or 39.057, the agency may monitor | ||
compliance with requirements applicable to a process or program | ||
provided by a school district, campus, program, or school granted | ||
charters under Chapter 12, including the process described by | ||
Subchapter F, Chapter 11, or a program described by Subchapter B, C, | ||
D, E, F, H, or I, Chapter 29, Subchapter A, Chapter 37, or Section | ||
38.003, and the use of funds provided for such a program under | ||
Subchapter C, Chapter 42, only as necessary to ensure: | ||
(1) compliance with federal law and regulations; | ||
(2) financial accountability, including compliance | ||
with grant requirements; and | ||
(3) data integrity for purposes of: | ||
(A) the Public Education Information Management | ||
System (PEIMS); and | ||
(B) accountability under Chapters 39 and 39A. | ||
SECTION 2. Section 12.056(b), Education Code, is amended to | ||
read as follows: | ||
(b) A campus or program for which a charter is granted under | ||
this subchapter is subject to: | ||
(1) a provision of this title establishing a criminal | ||
offense; and | ||
(2) a prohibition, restriction, or requirement, as | ||
applicable, imposed by this title or a rule adopted under this | ||
title, relating to: | ||
(A) the Public Education Information Management | ||
System (PEIMS) to the extent necessary to monitor compliance with | ||
this subchapter as determined by the commissioner; | ||
(B) criminal history records under Subchapter C, | ||
Chapter 22; | ||
(C) high school graduation under Section 28.025; | ||
(D) special education programs under Subchapter | ||
A, Chapter 29; | ||
(E) bilingual education under Subchapter B, | ||
Chapter 29; | ||
(F) prekindergarten programs under Subchapter E, | ||
Chapter 29; | ||
(G) extracurricular activities under Section | ||
33.081; | ||
(H) health and safety under Chapter 38; [ |
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(I) public school accountability under | ||
Subchapters B, C, D, F, and J, Chapter 39, and Chapter 39A; | ||
(J) reporting misconduct under Sections 21.006 | ||
and 22.092; and | ||
(K) the duty to discharge or refuse to hire | ||
certain employees or applicants for employment under Section | ||
12.1059, 22.085, or 22.091. | ||
SECTION 3. Section 12.1059, Education Code, is amended to | ||
read as follows: | ||
Sec. 12.1059. REQUIREMENTS [ |
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EMPLOYMENT OF CERTAIN EMPLOYEES. A person may not be employed by or | ||
serve as a teacher, librarian, educational aide, administrator, or | ||
school counselor for an open-enrollment charter school unless: | ||
(1) the person has been approved by the agency | ||
following a review of the person's national criminal history record | ||
information as provided by Section 22.0832; and | ||
(2) the school has confirmed that the person is not | ||
included in the registry under Section 22.091. | ||
SECTION 4. Section 12.115(a), Education Code, is amended to | ||
read as follows: | ||
(a) Except as provided by Subsection (c), the commissioner | ||
shall revoke the charter of an open-enrollment charter school or | ||
reconstitute the governing body of the charter holder if the | ||
commissioner determines that the charter holder: | ||
(1) committed a material violation of the charter, | ||
including by a failure to: | ||
(A) satisfy accountability provisions prescribed | ||
by the charter; or | ||
(B) comply with the duty to discharge or refuse | ||
to hire certain employees or applicants for employment, as provided | ||
by Section 12.1151; | ||
(2) failed to satisfy generally accepted accounting | ||
standards of fiscal management; | ||
(3) failed to protect the health, safety, or welfare | ||
of the students enrolled at the school; | ||
(4) failed to comply with this subchapter or another | ||
applicable law or rule; | ||
(5) failed to satisfy the performance framework | ||
standards adopted under Section 12.1181; or | ||
(6) is imminently insolvent as determined by the | ||
commissioner in accordance with commissioner rule. | ||
SECTION 5. Subchapter D, Chapter 12, Education Code, is | ||
amended by adding Section 12.1151 to read as follows: | ||
Sec. 12.1151. FAILURE TO DISCHARGE OR REFUSE TO HIRE | ||
CERTAIN EMPLOYEES OR APPLICANTS. An open-enrollment charter school | ||
commits a material violation of the school's charter if the school | ||
fails to comply with the duty to discharge or refuse to hire certain | ||
employees or applicants for employment under Section 12.1059, | ||
22.085, or 22.091. | ||
SECTION 6. Section 12A.008, Education Code, is amended by | ||
adding Subsection (b-1) to read as follows: | ||
(b-1) The commissioner may terminate a district's | ||
designation as a district of innovation if the district fails to | ||
comply with the duty to discharge or refuse to hire certain | ||
employees or applicants for employment under Section 12.1059, | ||
applicable to the district under Section 12A.004(a)(1), or Section | ||
22.085 or 22.091. | ||
SECTION 7. Section 21.006, Education Code, is amended by | ||
adding Subsection (k) to read as follows: | ||
(k) The commissioner may review the records of a school | ||
district, district of innovation, open-enrollment charter school, | ||
regional education service center, or shared services arrangement | ||
to ensure compliance with the requirement to report misconduct | ||
under this section. | ||
SECTION 8. Subchapter B, Chapter 21, Education Code, is | ||
amended by adding Section 21.0585 to read as follows: | ||
Sec. 21.0585. NOTICE TO AGENCY REGARDING REVOCATION OF | ||
CERTIFICATE OR PERMIT FOR CERTAIN MISCONDUCT. The board shall | ||
promptly notify the agency for purposes of Section 22.091 if the | ||
board revokes a certificate or permit of a person on a finding that | ||
the person engaged in misconduct described by Section | ||
21.006(b)(2)(A) or (A-1). | ||
SECTION 9. Subchapter C, Chapter 22, Education Code, is | ||
amended by adding Section 22.0815 to read as follows: | ||
Sec. 22.0815. APPLICABILITY OF SUBCHAPTER TO DISTRICTS OF | ||
INNOVATION. (a) A district of innovation is subject to a | ||
prohibition, restriction, or requirement imposed by this | ||
subchapter on an open-enrollment charter school. | ||
(b) The failure of a district of innovation to provide | ||
information required under Section 22.0832 may result in | ||
termination of the district's designation as a district of | ||
innovation. | ||
SECTION 10. Section 22.085, Education Code, is amended by | ||
amending Subsection (a) and adding Subsection (g) to read as | ||
follows: | ||
(a) A school district, open-enrollment charter school, or | ||
shared services arrangement shall discharge or refuse to hire an | ||
employee or applicant for employment if the district, school, or | ||
shared services arrangement obtains information through a criminal | ||
history record information review that[ |
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(1) [ |
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if the victim of the offense was under 18 years of age at the time | ||
the offense was committed; | ||
(2) [ |
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defendant is required to register as a sex offender under Chapter | ||
62, Code of Criminal Procedure; or | ||
(3) [ |
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or federal law that is equivalent to an offense under Subdivision | ||
(1) [ |
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(g) A school district, open-enrollment charter school, or | ||
shared services arrangement shall promptly notify the agency for | ||
purposes of Section 22.091 that the district, school, or shared | ||
services arrangement discharged or refused to hire an employee or | ||
applicant for employment as provided by this section. A school | ||
district, open-enrollment charter school, or shared services | ||
arrangement is not required to comply with this subsection if the | ||
district, school, or shared services arrangement was notified by | ||
the agency that the person must be discharged or may not be hired as | ||
provided by this section pursuant to a review of the person's | ||
criminal history record information by the agency. | ||
SECTION 11. Chapter 22, Education Code, is amended by | ||
adding Subchapter C-1 to read as follows: | ||
SUBCHAPTER C-1. PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC | ||
SCHOOLS | ||
Sec. 22.091. REGISTRY OF PERSONS NOT ELIGIBLE FOR | ||
EMPLOYMENT IN PUBLIC SCHOOLS. (a) The agency shall maintain and | ||
make available to appropriate hiring entities a registry of persons | ||
who are not eligible to be employed by a school district, district | ||
of innovation, open-enrollment charter school, regional education | ||
service center, or shared services arrangement. | ||
(b) A school district, district of innovation, | ||
open-enrollment charter school, regional education service center, | ||
or shared services arrangement shall discharge or refuse to hire a | ||
person listed on the registry maintained under this section. | ||
(c) The registry maintained under this section must list the | ||
following persons as not eligible to be employed by public schools: | ||
(1) a person determined by the agency under Section | ||
22.0832 as a person who would not be eligible for educator | ||
certification under Subchapter B, Chapter 21; | ||
(2) a person who is not eligible for employment based | ||
on the person's criminal history record information review, as | ||
provided by Section 22.085; | ||
(3) a person who is not eligible for employment based | ||
on criminal history record information received by the agency under | ||
Section 21.058(b); | ||
(4) a person whose certification or permit issued | ||
under Subchapter B, Chapter 21, is revoked by the State Board for | ||
Educator Certification on a finding that the person engaged in | ||
misconduct described by Section 21.006(b)(2)(A) or (A-1); and | ||
(5) a person who is determined by the commissioner | ||
under Section 22.093 to have engaged in misconduct described by | ||
Section 22.092(c)(1)(A) or (B). | ||
(d) The agency shall adopt rules as necessary to implement | ||
this section. | ||
Sec. 22.092. REQUIREMENT TO REPORT EMPLOYEE MISCONDUCT. | ||
(a) In this section, "abuse" has the meaning assigned by Section | ||
261.001, Family Code, and includes any sexual conduct involving a | ||
student or minor. | ||
(b) This section applies to a person who is employed by a | ||
school district, district of innovation, open-enrollment charter | ||
school, regional education service center, or shared services | ||
arrangement and who does not hold a certification or permit issued | ||
under Subchapter B, Chapter 21. | ||
(c) In addition to the reporting requirement under Section | ||
261.101, Family Code, the superintendent or director of a school | ||
district, district of innovation, open-enrollment charter school, | ||
regional education service center, or shared services arrangement | ||
shall notify the commissioner if: | ||
(1) an employee's employment at the school district, | ||
district of innovation, charter school, service center, or shared | ||
services arrangement was terminated and there is evidence that the | ||
employee: | ||
(A) abused or otherwise committed an unlawful act | ||
with a student or minor; or | ||
(B) was involved in a romantic relationship with | ||
or solicited or engaged in sexual contact with a student or minor; | ||
or | ||
(2) the employee resigned and there is evidence that | ||
the employee engaged in misconduct described by Subdivision (1). | ||
(d) A superintendent or director of a school district, | ||
district of innovation, open-enrollment charter school, regional | ||
education service center, or shared services arrangement shall | ||
complete an investigation of an employee that involves evidence | ||
that the employee may have engaged in misconduct described by | ||
Subsection (c)(1)(A) or (B), despite the employee's resignation | ||
from employment before completion of the investigation. | ||
(e) The principal of a school district, district of | ||
innovation, or open-enrollment charter school campus must notify | ||
the superintendent or director of the school district, district of | ||
innovation, or charter school not later than the seventh business | ||
day after the date of an employee's termination of employment or | ||
resignation following an alleged incident of misconduct described | ||
by Subsection (c)(1). | ||
(f) The superintendent or director must notify the | ||
commissioner by filing a report with the commissioner not later | ||
than the seventh business day after the date the superintendent or | ||
director receives a report from a principal under Subsection (e) or | ||
knew about an employee's termination of employment or resignation | ||
following an alleged incident of misconduct described by Subsection | ||
(c)(1). The report must be: | ||
(1) in writing; and | ||
(2) in a form prescribed by the commissioner. | ||
(g) The superintendent or director shall notify the board of | ||
trustees or governing body of the school district, district of | ||
innovation, open-enrollment charter school, regional education | ||
service center, or shared services arrangement and the employee of | ||
the filing of the report required by Subsection (f). | ||
(h) A superintendent or director who in good faith and while | ||
acting in an official capacity files a report with the commissioner | ||
under Subsection (f) or a principal who in good faith and while | ||
acting in an official capacity notifies a superintendent or | ||
director under Subsection (e) is immune from civil or criminal | ||
liability that might otherwise be incurred or imposed. | ||
(i) The commissioner shall refer an educator who fails to | ||
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. | ||
(j) The name of a student or minor who is the victim of abuse | ||
or unlawful conduct by an employee must be included in a report | ||
filed under this section, but the name of the student or minor is | ||
not public information under Chapter 552, Government Code. | ||
(k) A superintendent or director required to file a report | ||
under Subsection (f) commits an offense if the superintendent or | ||
director fails to file the report by the date required by 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. | ||
(l) The commissioner may review the records of a school | ||
district, district of innovation, open-enrollment charter school, | ||
regional education service center, or shared services arrangement | ||
to ensure compliance with the requirement to report misconduct | ||
under this section. | ||
(m) The commissioner shall adopt rules as necessary to | ||
implement this section. | ||
Sec. 22.093. NOTICE OF ALLEGED MISCONDUCT; INVESTIGATION; | ||
HEARING. (a) A person who is the subject of a report that alleges | ||
misconduct described by Section 22.092(c)(1)(A) or (B) is entitled | ||
to a hearing under the procedures provided by Chapter 2001, | ||
Government Code, to contest the allegation in the report. | ||
(b) On receiving a report filed under Section 22.092(f), the | ||
commissioner shall promptly send to the person who is the subject of | ||
the report a notice that includes: | ||
(1) a statement informing the person that the person | ||
must request a hearing within the period provided by Subsection | ||
(c); | ||
(2) a request that the person submit a response within | ||
the period provided by Subsection (c) to show cause why the | ||
commissioner should not pursue an investigation; and | ||
(3) a statement informing the person that if the | ||
person does not timely submit a response to show cause as provided | ||
by Subdivision (2), the agency shall provide information indicating | ||
the person is under investigation in the manner provided by | ||
Subsection (d). | ||
(c) A person entitled to a hearing under Subsection (a) must | ||
request a hearing and submit a response to show cause not later than | ||
the 10th day after the date the person receives the notice from the | ||
commissioner provided under Subsection (b). | ||
(d) If a person who receives notice provided under | ||
Subsection (b) does not timely submit a response to show cause why | ||
the commissioner should not pursue an investigation, the | ||
commissioner shall instruct the agency to provide information | ||
indicating the person is under investigation for alleged misconduct | ||
to a school district, district of innovation, open-enrollment | ||
charter school, or shared services arrangement that makes an | ||
inquiry to the agency with respect to a national criminal history | ||
record information review of the person under Section 22.0832 or | ||
22.0833. | ||
(e) If a person entitled to a hearing under Subsection (a) | ||
does not request a hearing as provided by Subsection (c), the | ||
commissioner shall: | ||
(1) based on the report filed under Section 22.092(f), | ||
make a determination whether the person engaged in misconduct; and | ||
(2) if the commissioner determines that the person | ||
engaged in misconduct described by Section 22.092(c)(1)(A) or (B), | ||
instruct the agency to add the person's name to the registry | ||
maintained under Section 22.091. | ||
(f) If a person entitled to a hearing under Subsection (a) | ||
requests a hearing as provided by Subsection (c) and the final | ||
decision in that hearing determines that the person engaged in | ||
misconduct described by Section 22.092(c)(1)(A) or (B), the | ||
commissioner shall instruct the agency to add the person's name to | ||
the registry maintained under Section 22.091. | ||
(g) If a person entitled to a hearing under Subsection (a) | ||
requests a hearing as provided by Subsection (c) and the final | ||
decision in that hearing determines that the person did not engage | ||
in misconduct described by Section 22.092(c)(1)(A) or (B), the | ||
commissioner shall instruct the agency to immediately discontinue | ||
providing the information under Subsection (d) indicating that the | ||
person is under investigation for alleged misconduct. | ||
(h) The commissioner shall adopt rules as necessary to | ||
implement this section. | ||
Sec. 22.094. COMPLIANCE MONITORING. The agency shall | ||
periodically conduct site visits and review the records of school | ||
districts, districts of innovation, open-enrollment charter | ||
schools, and shared services arrangements to ensure compliance with | ||
Section 22.091(b). | ||
SECTION 12. Section 39.0302(a), Education Code, is amended | ||
to read as follows: | ||
(a) During an agency investigation or audit of a school | ||
district under Section 39.0301(e) or (f), an accreditation | ||
investigation under Section 39.057(a)(8) or (14), a compliance | ||
review under Section 21.006(k), 22.092(l), or 22.094, or an | ||
investigation by the State Board for Educator Certification of an | ||
educator for an alleged violation of an assessment instrument | ||
security procedure established under Section 39.0301(a), the | ||
commissioner may issue a subpoena to compel the attendance of a | ||
relevant witness or the production, for inspection or copying, of | ||
relevant evidence that is located in this state. | ||
SECTION 13. The Texas Education Agency shall establish the | ||
registry of persons who are not eligible to be employed by a school | ||
district, district of innovation, open-enrollment charter school, | ||
regional education service center, or shared services arrangement, | ||
as required by Section 22.091, Education Code, as added by this Act, | ||
as soon as practicable and not later than January 1, 2020. | ||
SECTION 14. This Act takes effect September 1, 2019. |