Bill Text: TX HB2739 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the reporting of private school educator misconduct.
Sponsorship: Partisan Bill (Republican 4)
Status: (Introduced - Dead) 2019-04-15 - Committee report sent to Calendars [HB2739 Detail]
Download: Texas-2019-HB2739-Comm_Sub.html
| 86R3221 TSS-F | ||
| By: Meyer, Leach, et al. | H.B. No. 2739 | |
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| relating to the reporting of private school educator misconduct. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 42.018, Code of Criminal Procedure, is | ||
| amended by adding Subsections (c) and (d) to read as follows: | ||
| (c) Not later than the fifth day after the date a person who | ||
| is employed by a private school is convicted or granted deferred | ||
| adjudication on the basis of an offense, the clerk of the court in | ||
| which the conviction or deferred adjudication is entered shall | ||
| provide to the chief administrative officer of the private school | ||
| at which the person is employed written notice of the person's | ||
| conviction or deferred adjudication, including the offense on which | ||
| the conviction or deferred adjudication was based. | ||
| (d) In this article, "private school" has the meaning | ||
| assigned by Section 5.001, Education Code. | ||
| SECTION 2. Subchapter A, Chapter 21, Education Code, is | ||
| amended by adding Sections 21.0062 and 21.0063 to read as follows: | ||
| Sec. 21.0062. REQUIREMENT TO REPORT MISCONDUCT: PRIVATE | ||
| SCHOOLS. (a) In this section: | ||
| (1) "Abuse" has the meaning assigned by Section | ||
| 261.001, Family Code, and includes any sexual conduct involving a | ||
| student or minor and private school educator. | ||
| (2) "Educator" means a person employed by or seeking | ||
| employment in a private school for a position in which the person | ||
| would be required to hold a certificate issued under Subchapter B if | ||
| the person were employed by a school district. | ||
| (b) In addition to the reporting requirement under Section | ||
| 261.101, Family Code, the chief administrative officer of a private | ||
| school shall notify the State Board for Educator Certification if | ||
| an educator: | ||
| (1) has a criminal record and the private school | ||
| 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) was terminated and there is evidence that the | ||
| educator: | ||
| (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 | ||
| (3) resigned and there is evidence that the educator | ||
| had engaged in misconduct described by Subdivision (2). | ||
| (c) The chief administrative officer of the private school | ||
| shall complete an investigation of an educator that involves | ||
| evidence that the educator may have engaged in misconduct described | ||
| by Subsection (b), despite the educator's resignation from | ||
| employment before completion of the investigation. | ||
| (d) The chief administrative officer of the private school | ||
| must notify the State Board for Educator Certification by filing a | ||
| report with the board not later than the seventh business day after | ||
| the date the chief administrative officer knew or had reason to | ||
| believe that an educator: | ||
| (1) has a criminal record under Subsection (b)(1); or | ||
| (2) was terminated or resigned following an alleged | ||
| incident of misconduct described by Subsection (b)(2). | ||
| (e) The report filed under Subsection (d) must be: | ||
| (1) in writing; and | ||
| (2) in a form prescribed by the board. | ||
| (f) Any person who knows or has reason to believe that an | ||
| educator engaged in the misconduct described by Subsection (b)(2) | ||
| may file a report with the State Board for Educator Certification | ||
| under this section. | ||
| (g) A chief administrative officer of a private school or | ||
| any other person who in good faith files a report with the State | ||
| Board for Educator Certification under this section or communicates | ||
| with a chief administrative officer or other administrator of a | ||
| private school concerning the criminal record of or an alleged | ||
| incident of misconduct by an educator is immune from civil or | ||
| criminal liability that might otherwise be incurred or imposed. | ||
| (h) The State Board for Educator Certification shall | ||
| propose rules as necessary to implement this section. | ||
| Sec. 21.0063. ACCESS TO REPORTS OF ALLEGED MISCONDUCT. | ||
| (a) In this section, "educator" includes a person defined as an | ||
| educator under Section 21.0062(a). | ||
| (b) The State Board for Educator Certification shall | ||
| provide private schools and public schools equivalent access to | ||
| reports made under this subchapter concerning the criminal record | ||
| or alleged misconduct of an educator. | ||
| SECTION 3. Section 21.009(a), Education Code, is amended to | ||
| read as follows: | ||
| (a) An applicant for a position described by Section | ||
| 21.003(a) or (b) with a school district, district of innovation, | ||
| open-enrollment charter school, private 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, adjudicated for, | ||
| or convicted of having an inappropriate relationship with a minor. | ||
| SECTION 4. Section 21.0581(a), Education Code, is amended | ||
| to read as follows: | ||
| (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, private school, or open-enrollment | ||
| charter school, other than by the routine transmission of | ||
| administrative and personnel files; and | ||
| (2) the person knew that the other person has | ||
| previously engaged in sexual misconduct with a minor or student in | ||
| violation of the law. | ||
| SECTION 5. Article 42.018(c), Code of Criminal Procedure, | ||
| as added by this Act, applies only to a judgment of conviction or | ||
| order granting deferred adjudication community supervision entered | ||
| on or after the effective date of this Act. | ||
| SECTION 6. As soon as practicable after the effective date | ||
| of this Act, the commissioner of education and the State Board of | ||
| Education, on the recommendation of the State Board for Educator | ||
| Certification, shall adopt rules as necessary to implement Sections | ||
| 21.0062 and 21.0063, Education Code, as added by this Act. | ||
| SECTION 7. This Act takes effect September 1, 2019. | ||
