Bill Text: TX SB1256 | 2019-2020 | 86th Legislature | Engrossed
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: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2019-04-26 - Referred to Public Education [SB1256 Detail]
Download: Texas-2019-SB1256-Engrossed.html
By: Bettencourt, Hinojosa | S.B. No. 1256 | |
West |
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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), 22.093(l), | ||
22.096, 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 12.027(a), Education Code, is amended to | ||
read as follows: | ||
(a) The State Board of Education may place on probation or | ||
revoke a home-rule school district charter of a school district if | ||
the board determines that the district: | ||
(1) committed a material violation of the charter, | ||
including by failure to comply with the duty to discharge or refuse | ||
to hire certain employees or applicants for employment, as provided | ||
by Section 12.0271; | ||
(2) failed to satisfy generally accepted accounting | ||
standards of fiscal management; or | ||
(3) failed to comply with this subchapter or other | ||
applicable federal or state law or rule. | ||
SECTION 3. Subchapter B, Chapter 12, Education Code, is | ||
amended by adding Section 12.0271 to read as follows: | ||
Sec. 12.0271. FAILURE TO DISCHARGE OR REFUSE TO HIRE | ||
CERTAIN EMPLOYEES OR APPLICANTS. A home-rule school district | ||
commits a material violation of the school district's charter if | ||
the school district fails to comply with the duty to discharge or | ||
refuse to hire certain employees or applicants for employment under | ||
Section 22.085 or 22.092. | ||
SECTION 4. 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; and | ||
(J) the duty to discharge or refuse to hire | ||
certain employees or applicants for employment under Section | ||
12.1059. | ||
SECTION 5. Section 12.063(a), Education Code, is amended to | ||
read as follows: | ||
(a) A board of trustees may place on probation or revoke a | ||
charter it grants if the board determines that the campus or | ||
program: | ||
(1) committed a material violation of the charter, | ||
including by failure to comply with the duty to discharge or refuse | ||
to hire certain employees or applicants for employment, as provided | ||
by Section 12.0631; | ||
(2) failed to satisfy generally accepted accounting | ||
standards of fiscal management; or | ||
(3) failed to comply with this subchapter, another | ||
law, or a state agency rule. | ||
SECTION 6. Subchapter C, Chapter 12, Education Code, is | ||
amended by adding Section 12.0631 to read as follows: | ||
Sec. 12.0631. FAILURE TO DISCHARGE OR REFUSE TO HIRE | ||
CERTAIN EMPLOYEES OR APPLICANTS. A campus or campus program | ||
granted a charter under this subchapter commits a material | ||
violation of its charter if the campus or program 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 22.092. | ||
SECTION 7. 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 22.092. | ||
SECTION 8. 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 9. 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 22.092. | ||
SECTION 10. 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 22.092. | ||
SECTION 11. Section 21.006, Education Code, is amended by | ||
amending Subsections (a), (b), (b-1), (b-2), (c-1), (d), and (e) | ||
and adding Subsections (g-1) and (k) to read as follows: | ||
(a) In this section: | ||
(1) "Abuse"[ |
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Section 261.001, Family Code, and includes any sexual conduct | ||
involving an educator and a student or minor. | ||
(2) "Other charter entity" means: | ||
(A) a school district operating under a home-rule | ||
school district charter adopted under Subchapter B, Chapter 12; | ||
(B) a campus or campus program operating under a | ||
charter granted under Subchapter C, Chapter 12; and | ||
(C) an entity that contracts to partner with a | ||
school district under Section 11.174(a)(2) to operate a district | ||
campus under a charter granted to the entity by the district under | ||
Subchapter C, Chapter 12. | ||
(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, | ||
other charter entity, 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, other | ||
charter entity, service center, or shared services arrangement has | ||
a criminal record and the school district, district of innovation, | ||
charter school, other charter entity, 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, other charter entity, | ||
service center, or shared services arrangement was terminated and | ||
there is 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, other charter entity, 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, open-enrollment charter school, other | ||
charter entity, regional education service center, or shared | ||
services arrangement shall complete an investigation of an educator | ||
that involves evidence that the educator may have engaged in | ||
misconduct described by Subsection (b)(2)(A) or (A-1), despite the | ||
educator's resignation from employment before completion of the | ||
investigation. | ||
(b-2) The principal of a school district, district of | ||
innovation, [ |
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entity campus must notify the superintendent or director of the | ||
school district, district of innovation, [ |
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other charter entity 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-1) The report under Subsection (c): | ||
(1) must be: | ||
(A) [ |
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(B) [ |
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(2) may be filed through the Internet portal developed | ||
and maintained by the State Board for Educator Certification under | ||
Subsection (g-1). | ||
(d) The superintendent or director shall notify the board of | ||
trustees or governing body of the school district, open-enrollment | ||
charter school, other charter entity, regional education service | ||
center, or shared services arrangement and the educator of the | ||
filing of the report required by Subsection (c). | ||
(e) A superintendent, director, or principal of a school | ||
district, district of innovation, open-enrollment charter school, | ||
other charter entity, 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. | ||
(g-1) The State Board for Educator Certification shall | ||
develop and maintain an Internet portal through which a report | ||
required under Subsection (c) may be confidentially and securely | ||
filed. | ||
(k) The commissioner may review the records of a school | ||
district, district of innovation, open-enrollment charter school, | ||
other charter entity, regional education service center, or shared | ||
services arrangement to ensure compliance with the requirement to | ||
report misconduct under this section. | ||
SECTION 12. Section 21.0061, Education Code, is amended by | ||
amending Subsection (a) and adding Subsection (c) to read as | ||
follows: | ||
(a) The board of trustees or governing body of a school | ||
district, district of innovation, open-enrollment charter school, | ||
other charter entity, 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. | ||
(c) In this section, "other charter entity" has the meaning | ||
assigned by Section 21.006. | ||
SECTION 13. 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 22.092 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 14. Subchapter C, Chapter 22, Education Code, is | ||
amended by adding Sections 22.0815 and 22.0825 to read as follows: | ||
Sec. 22.0815. APPLICABILITY OF SUBCHAPTER TO DISTRICTS OF | ||
INNOVATION AND OTHER CHARTER ENTITIES. (a) In this section, | ||
"other charter entity" has the meaning assigned by Section 21.006. | ||
(b) A prohibition, restriction, or requirement imposed by | ||
this subchapter on an open-enrollment charter school applies to the | ||
same extent to a district of innovation or other charter entity. | ||
(c) 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. | ||
Sec. 22.0825. ACCESS TO CRIMINAL HISTORY RECORDS BY TEXAS | ||
EDUCATION AGENCY. (a) In this section, "other charter entity" has | ||
the meaning assigned by Section 21.006. | ||
(b) The agency shall subscribe to the criminal history | ||
clearinghouse as provided by Section 411.0845, Government Code, and | ||
may obtain from any law enforcement or criminal justice agency all | ||
criminal history record information and all records contained in | ||
any closed criminal investigation file that relate to a specific | ||
applicant for employment or current or former employee of a school | ||
district, district of innovation, open-enrollment charter school, | ||
other charter entity, regional education service center, or shared | ||
services arrangement. | ||
SECTION 15. The heading to Section 22.085, Education Code, | ||
is amended to read as follows: | ||
Sec. 22.085. EMPLOYEES AND APPLICANTS CONVICTED OF OR | ||
PLACED ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN | ||
OFFENSES. | ||
SECTION 16. Sections 22.085(a) and (e), Education Code, are | ||
amended 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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[ |
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(1) convicted of or placed on deferred adjudication | ||
community supervision for[ |
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[ |
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[ |
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defendant is required to register as a sex offender under Chapter | ||
62, Code of Criminal Procedure; or | ||
(2) convicted of: | ||
(A) a felony offense under Title 5, Penal Code, | ||
if the victim of the offense was under 18 years of age at the time | ||
the offense was committed; or | ||
(B) [ |
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state or federal law that is equivalent to an offense under | ||
Subdivision (1) or Paragraph (A) [ |
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[ |
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(e) The State Board for Educator Certification may impose a | ||
sanction on an educator who does not discharge an employee or refuse | ||
to hire an applicant for employment if the educator knows or should | ||
have known, through a criminal history record information review, | ||
that the employee or applicant has been: | ||
(1) convicted of or placed on deferred adjudication | ||
community supervision for an offense described by Subsection | ||
(a)(1); or | ||
(2) convicted of an offense described by Subsection | ||
(a)(2) [ |
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SECTION 17. 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. DEFINITION. In this subchapter, "other | ||
charter entity" has the meaning assigned by Section 21.006. | ||
Sec. 22.092. REGISTRY OF PERSONS NOT ELIGIBLE FOR | ||
EMPLOYMENT IN PUBLIC SCHOOLS. (a) The agency shall maintain and | ||
make available through the Internet portal developed and maintained | ||
by the agency under Section 22.095 a registry of persons who are not | ||
eligible to be employed by a school district, district of | ||
innovation, open-enrollment charter school, other charter entity, | ||
regional education service center, or shared services arrangement. | ||
(b) A school district, district of innovation, | ||
open-enrollment charter school, other charter entity, 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 determined by the agency to be not | ||
eligible for employment based on the person's criminal history | ||
record information review, as provided by Section 22.0833; | ||
(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 22.094 to have engaged in misconduct described by | ||
Section 22.093(c)(1)(A) or (B). | ||
(d) The agency shall provide private schools and public | ||
schools equivalent access to the registry maintained under this | ||
section. | ||
(e) The agency shall adopt rules as necessary to implement | ||
this section. | ||
Sec. 22.093. 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, other charter entity, 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, | ||
other charter entity, 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, other charter entity, | ||
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, other | ||
charter entity, 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, open-enrollment charter school, or other charter | ||
entity campus must notify the superintendent or director of the | ||
school district, district of innovation, charter school, or other | ||
charter entity 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)(A) or (B). | ||
(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)(A) or (B). 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, other charter entity, | ||
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, | ||
other charter entity, 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. 22.094. NOTICE OF ALLEGED MISCONDUCT; INVESTIGATION; | ||
HEARING. (a) A person described by Section 22.093(b) and who is | ||
the subject of a report that alleges misconduct described by | ||
Section 22.093(c)(1)(A) or (B) is entitled to a hearing on the | ||
merits of the allegations of misconduct under the procedures | ||
provided by Chapter 2001, Government Code, to contest the | ||
allegation in the report. | ||
(b) On receiving a report filed under Section 22.093(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 on the merits of the allegations of | ||
misconduct within the period provided by Subsection (c); | ||
(2) a request that the person submit a written | ||
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 written 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 written 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 written response to show | ||
cause why the commissioner should not pursue an investigation, the | ||
commissioner shall instruct the agency to make available through | ||
the Internet portal developed and maintained by the agency under | ||
Section 22.095 information indicating that the person is under | ||
investigation for alleged misconduct. | ||
(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 22.093(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 22.093(c)(1)(A) or (B), | ||
instruct the agency to add the person's name to the registry | ||
maintained under Section 22.092. | ||
(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 22.093(c)(1)(A) or (B), the | ||
commissioner shall instruct the agency to add the person's name to | ||
the registry maintained under Section 22.092. | ||
(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 22.093(c)(1)(A) or (B), the | ||
commissioner shall instruct the agency to immediately remove from | ||
the Internet portal developed and maintained by the agency under | ||
Section 22.095 the information indicating that the person is under | ||
investigation for alleged misconduct. | ||
(h) The commissioner shall adopt rules as necessary to | ||
implement this section. | ||
Sec. 22.095. INTERNET PORTAL. The agency shall develop and | ||
maintain an Internet portal through which: | ||
(1) 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). | ||
Sec. 22.096. COMPLIANCE MONITORING. The agency shall | ||
periodically conduct site visits and review the records of school | ||
districts, districts of innovation, open-enrollment charter | ||
schools, other charter entities, regional education service | ||
centers, and shared services arrangements to ensure compliance with | ||
Section 22.092(b). | ||
SECTION 18. 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), 22.093(l), or 22.096, 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 19. As soon as practicable after the effective date | ||
of this Act: | ||
(1) the State Board for Educator Certification shall | ||
develop the Internet portal required by Section 21.006(g-1), | ||
Education Code, as added by this Act; and | ||
(2) the Texas Education Agency shall develop the | ||
Internet portal required by Section 22.095, Education Code, as | ||
added by this Act. | ||
SECTION 20. 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, | ||
other charter entity, regional education service center, or shared | ||
services arrangement, as required by Section 22.092, Education | ||
Code, as added by this Act, as soon as practicable and not later | ||
than January 1, 2020. | ||
SECTION 21. The State Board for Educator Certification is | ||
required to implement a provision of this Act only if the | ||
legislature appropriates money specifically for that purpose. If | ||
the legislature does not appropriate money specifically for that | ||
purpose, the board may, but is not required to, implement a | ||
provision of this Act using other appropriations available for that | ||
purpose. | ||
SECTION 22. The Texas Education Agency is required to | ||
implement a provision of this Act only if the legislature | ||
appropriates money specifically for that purpose. If the | ||
legislature does not appropriate money specifically for that | ||
purpose, the agency may, but is not required to, implement a | ||
provision of this Act using other appropriations available for that | ||
purpose. | ||
SECTION 23. This Act takes effect September 1, 2019. |