Bill Text: TX HB3769 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to improper relationships between educators and students and reporting of educator misconduct; creating a criminal offense and expanding the applicability of an existing offense; authorizing an administrative penalty.
Spectrum: Partisan Bill (Republican 45-2)
Status: (Introduced - Dead) 2017-05-08 - Laid on the table subject to call [HB3769 Detail]
Download: Texas-2017-HB3769-Comm_Sub.html
85R21677 GCB-F | |||
By: King of Hemphill, et al. | H.B. No. 3769 | ||
Substitute the following for H.B. No. 3769: | |||
By: Bohac | C.S.H.B. No. 3769 |
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relating to improper relationships between educators and students | ||
and reporting of educator misconduct; creating a criminal offense | ||
and expanding the applicability of an existing offense; authorizing | ||
an administrative penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 21.12(a), Penal Code, is amended 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: | ||
(A) enrolled in a public or private primary or | ||
secondary school, other than a school described by Subdivision (1) | ||
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(B) a student participant in an educational | ||
activity that is sponsored by a school district or a public or | ||
private primary or secondary school, if[ |
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private primary or secondary school are the primary participants in | ||
the activity; [ |
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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)(A) or (B), | ||
regardless of the age of that person. | ||
SECTION 2. Article 42.018(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) This article applies only to: | ||
(1) [ |
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community supervision granted on the basis of an offense for which a | ||
conviction or grant of deferred adjudication community supervision | ||
requires the defendant to register as a sex offender under Chapter | ||
62; or | ||
(2) conviction of[ |
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years of age at the time the offense was committed. | ||
SECTION 3. Section 21.006, Education Code, is amended by | ||
amending Subsections (b), (b-1), (c), (e), and (f) and adding | ||
Subsections (b-2), (c-1), (i), and (j) 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, district of innovation, open-enrollment charter school, | ||
regional education service center, or shared services arrangement | ||
shall notify the State Board for Educator Certification if: | ||
(1) an educator employed by or seeking employment by | ||
the school district, district of innovation, charter school, | ||
service center, or shared services arrangement has a criminal | ||
record and the school district, district of innovation, charter | ||
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 school district, | ||
district of innovation, charter school, service center, or shared | ||
services arrangement was terminated and there is [ |
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evidence that the educator: | ||
(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 school district, district | ||
of innovation, charter 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, | ||
district of innovation, [ |
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regional education service center, or shared services arrangement | ||
shall complete an investigation of an educator that involves [ |
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described by Subsection (b)(2)(A) or (A-1), despite the educator's | ||
resignation from [ |
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of the investigation. | ||
(b-2) 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: | ||
(1) of an educator's termination of employment or | ||
resignation following an alleged incident of misconduct described | ||
by Subsection (b); or | ||
(2) the principal knew about an educator's criminal | ||
record under Subsection (b)(1). | ||
(c) The superintendent or director 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 | ||
superintendent or director receives a report from a principal under | ||
Subsection (b-2) or otherwise learns [ |
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termination of employment or resignation following an alleged | ||
incident of misconduct described by Subsection (b) or an employee's | ||
criminal record under Subsection (b)(1). | ||
(c-1) The report under Subsection (c) must be: | ||
(1) in writing; and | ||
(2) in a form prescribed by the board. | ||
(e) A superintendent, [ |
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school district, district of innovation, open-enrollment charter | ||
school, regional education service center, or shared services | ||
arrangement who in good faith and while acting in an official | ||
capacity files a report with the State Board for Educator | ||
Certification under this section or communicates with another | ||
superintendent, director, or principal concerning an educator's | ||
criminal record or alleged incident of misconduct 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, including an administrative | ||
penalty under Subsection (i), against a principal who fails to | ||
provide notification to a superintendent or director in violation | ||
of Subsection (b-2) or against a superintendent or director who | ||
fails to file a report in violation of Subsection (c). | ||
(i) If an educator serving as a superintendent or director | ||
is required to file a report under Subsection (c) and fails to file | ||
the report by the date required by that subsection, or if an | ||
educator serving as a principal is required to notify a | ||
superintendent or director about an educator's criminal record or | ||
alleged incident of misconduct under Subsection (b-2) and fails to | ||
provide the notice by the date required by that subsection, the | ||
State Board for Educator Certification may impose on the educator | ||
an administrative penalty of not less than $500 and not more than | ||
$10,000. The State Board for Educator Certification may not renew | ||
the certification of an educator against whom an administrative | ||
penalty is imposed under this subsection until the penalty is paid. | ||
(j) A superintendent or director required to file a report | ||
under Subsection (c) 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 educator's criminal record or | ||
alleged incident of misconduct. A principal required to notify a | ||
superintendent or director about an educator's criminal record or | ||
alleged incident of misconduct under Subsection (b-2) commits an | ||
offense if the principal fails to provide the notice by the date | ||
required by that subsection with intent to conceal an educator's | ||
criminal record or alleged incident of misconduct. An offense | ||
under this subsection is a state jail felony. | ||
SECTION 4. Section 21.044(g), Education Code, is amended to | ||
read as follows: | ||
(g) Each educator preparation program must provide | ||
information regarding: | ||
(1) the skills that educators are required to possess, | ||
the responsibilities that educators are required to accept, and the | ||
high expectations for students in this state; | ||
(2) the effect of supply and demand forces on the | ||
educator workforce in this state; | ||
(3) the performance over time of the educator | ||
preparation program; | ||
(4) the importance of building strong classroom | ||
management skills; [ |
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(5) the framework in this state for teacher and | ||
principal evaluation, including the procedures followed in | ||
accordance with Subchapter H; and | ||
(6) appropriate relationships, boundaries, and | ||
communications between educators and students. | ||
SECTION 5. 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 of this code. | ||
SECTION 6. 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 PLACEMENT ON DEFERRED | ||
ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN OFFENSES. | ||
SECTION 7. Sections 21.058(a), (b), (c), (c-1), and (c-2), | ||
Education Code, are amended to read as follows: | ||
(a) The procedures described by Subsections (b) and (c) | ||
apply only: | ||
(1) to conviction of or placement on deferred | ||
adjudication community supervision for an offense for which a | ||
defendant is required to register as a sex offender under Chapter | ||
62, Code of Criminal Procedure; or | ||
(2) to conviction of a felony offense under Title 5, | ||
Penal Code, [ |
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years of age at the time the offense was committed. | ||
(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 or placement | ||
on deferred adjudication community supervision of 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, to the agency, 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. | ||
(c) A school district or open-enrollment charter school | ||
that receives notice under Subsection (b) of the revocation of a | ||
certificate issued under this subchapter shall: | ||
(1) immediately remove the person whose certificate | ||
has been revoked from campus or from an administrative office, as | ||
applicable, to prevent the person from having any contact with a | ||
student; and | ||
(2) if the person is employed under a probationary, | ||
continuing, or term contract under this chapter, with the approval | ||
of the board of trustees or governing body or a designee of the | ||
board or governing body: | ||
(A) suspend the person without pay; | ||
(B) provide the person with written notice that | ||
the person's contract is void as provided by Subsection (c-2); and | ||
(C) terminate the employment of the person as | ||
soon as practicable. | ||
(c-1) If a school district or open-enrollment charter | ||
school becomes aware that a person employed by the district or | ||
school under a probationary, continuing, or term contract under | ||
this chapter has been convicted of or received deferred | ||
adjudication for a felony offense, and the person is not subject to | ||
Subsection (c), the district or school may, with the approval of the | ||
board of trustees or governing body or a designee of the board of | ||
trustees or governing body: | ||
(1) suspend the person without pay; | ||
(2) provide the person with written notice that the | ||
person's contract is void as provided by Subsection (c-2); and | ||
(3) terminate the employment of the person as soon as | ||
practicable. | ||
(c-2) A person's probationary, continuing, or term contract | ||
is void if, with the approval of the board of trustees or governing | ||
body or a designee of the board or governing body, the school | ||
district or open-enrollment charter school takes action under | ||
Subsection (c)(2)(B) or (c-1)(2). | ||
SECTION 8. 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 that the other person has | ||
previously engaged in sexual misconduct with a minor or student in | ||
violation of the law. | ||
(b) The commissioner 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 9. 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 10. Section 21.355, Education Code, is amended by | ||
amending Subsection (a) and adding Subsections (d), (e), and (f) 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 for purposes of | ||
an investigation conducted by the agency. | ||
(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, if permissible under rules of evidence | ||
applicable to a contested case, as provided by Section 2001.081, | ||
Government Code. | ||
(f) A document provided to the agency under Subsection (d) | ||
remains confidential unless the document becomes part of the record | ||
in a contested case under Chapter 2001, Government Code. | ||
SECTION 11. 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: | ||
(1) include provisions designed to prevent improper | ||
electronic communications between a school employee and a student; | ||
(2) allow a school employee to elect to not disclose to | ||
students the employee's personal telephone number or e-mail | ||
address; and | ||
(3) include provisions instructing a school employee | ||
about the proper method for notifying appropriate local | ||
administrators about an incident in which a student engages in | ||
improper communications with the school employee. | ||
SECTION 12. 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 13. 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 14. This Act takes effect September 1, 2017. |