Bill Text: TX SB571 | 2025-2026 | 89th Legislature | Enrolled

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Bill Title: Relating to the reporting and investigation of certain misconduct and child abuse and neglect; creating a criminal offense.

Sponsorship: Moderate Partisan Bill (Republican 16-3)

Status: (Passed) 2025-06-20 - Effective immediately [SB571 Detail]

Download: Texas-2025-SB571-Enrolled.html

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S.B. No. 571

AN ACT
relating to the reporting and investigation of certain misconduct
and child abuse and neglect; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. REPORTING OF MISCONDUCT
SECTION 1.01. Article 42.018(a), Code of Criminal
Procedure, is amended to read as follows:
(a) This article applies only to:
(1) conviction or deferred adjudication community
supervision granted on the basis of:
(A) 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;
(B) an offense under Section 21.12 or 43.24,
Penal Code;
(C) a felony offense under Chapter 43, Penal
Code;
(D) a felony offense involving school property;
or
(E) an offense under the laws of another state or
federal law that is equivalent to an offense under Paragraph (A),
(B), (C), or (D); or
(2) conviction of:
(A) a felony [an] 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) an offense under the laws of another state or
federal law that is equivalent to an offense under Paragraph (A)
[(3) conviction or deferred adjudication community
supervision granted on the basis of an offense under Section 43.24,
Penal Code].
SECTION 1.02. Subtitle D, Title 2, Education Code, is
amended by adding Chapter 22A, and a heading is added to that
chapter to read as follows:
CHAPTER 22A. EMPLOYEE AND SERVICE PROVIDER MISCONDUCT
SECTION 1.03. Chapter 22A, Education Code, as added by this
Act, is amended by adding Subchapter A, and a heading is added to
that subchapter to read as follows:
SUBCHAPTER A. GENERAL PROVISIONS
SECTION 1.04. Section 21.006(a), Education Code, is
transferred to Subchapter A, Chapter 22A, Education Code, as added
by this Act, redesignated as Section 22A.001, Education Code, and
amended to read as follows:
Sec. 22A.001. DEFINITIONS. [(a)] In this chapter
[section]:
(1) "Abuse" has the meaning assigned by Section
261.001, Family Code, and includes any sexual conduct involving [an
educator and] a student or minor.
(2) "Board" means the State Board for Educator
Certification.
(3) "Educational entity" means a school district,
district of innovation, open-enrollment charter school, other
charter entity, regional education service center, or shared
services arrangement.
(4) "Educational provider" means an entity that
employs or contracts with a person to provide educational services
to a child participating in the education savings account program.
The term includes:
(A) a certified educational assistance
organization, as defined by Section 29.351, as added by S.B. 2, 89th
Legislature, Regular Session, 2025; and
(B) an education service provider or vendor of
educational products participating in the education savings
account program.
(5) "Education savings account program" means the
education savings account program established under Subchapter J,
Chapter 29, as added by S.B. 2, 89th Legislature, Regular Session,
2025.
(6) "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.
(7) "Registry" means the registry of persons who are
not eligible to be employed by or act as a service provider for an
educational entity maintained under Section 22A.151.
(8) "Service provider" means a person who provides
services to an educational entity. The term includes:
(A) a contractor or subcontractor for an
educational entity;
(B) a provider of tutoring services for an
educational entity;
(C) an entity that has entered into a contract to
operate a school district campus under Section 11.174;
(D) a staffing provider for an educational
entity; and
(E) a person employed by or under the control of a
person described by Paragraph (A), (B), (C), or (D).
SECTION 1.05. Subchapter A, Chapter 22A, Education Code, as
added by this Act, is amended by adding Section 22A.002 to read as
follows:
Sec. 22A.002. CONFIDENTIALITY. (a) Unless disclosure is
required by other law and except as provided by Subsection (b), a
complaint from a member of the public, statement, recording, note,
file, record, memorandum, or report that is received, obtained, or
created by the board or agency relating to the review or
investigation of an allegation of misconduct under this chapter
involving an employee of or contractor for an educational provider
or an educator or employee employed by or a service provider for an
educational entity is confidential and not subject to disclosure
under Chapter 552, Government Code.
(b) Subsection (a) does not prohibit the disclosure of:
(1) a report required under Section 22A.051, 22A.052,
22A.301, or 22A.302;
(2) information described by Subsection (a) for
purposes of an administrative or other legal proceeding brought
under Chapter 2001, Government Code; or
(3) information required to be included in the report
under Section 22A.251.
SECTION 1.06. Chapter 22A, Education Code, as added by this
Act, is amended by adding Subchapter B, and a heading is added to
that subchapter to read as follows:
SUBCHAPTER B. REQUIRED MISCONDUCT REPORTING
SECTION 1.07. Sections 21.006(b), (b-1), (b-2), (c), (c-1),
(d), (e), (f), (g), (h), (i), (j), and (k), Education Code, are
transferred to Subchapter B, Chapter 22A, Education Code, as added
by this Act, redesignated as Section 22A.051, Education Code, and
amended to read as follows:
Sec. 22A.051. REQUIREMENT TO REPORT EDUCATOR MISCONDUCT TO
BOARD. (a) [(b)] In addition to the reporting requirement under
Section 261.101, Family Code, [and except as provided by Subsection
(c-2),] the superintendent or director of an educational entity [a
school district, district of innovation, open-enrollment charter
school, other charter entity, regional education service center, or
shared services arrangement] shall notify the board [State Board
for Educator Certification] if:
(1) an educator employed by or seeking employment by
the entity [school district, district of innovation, charter
school, other charter entity, service center, or shared services
arrangement] has a criminal record and the entity [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 entity [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, including by engaging in conduct that
involves physical mistreatment or constitutes a threat of violence
to a student or minor and that is not justified under Chapter 9,
Penal Code, regardless of whether the conduct resulted in bodily
injury;
(B) [(A-1)] was involved in or solicited a
romantic relationship with or solicited or engaged in sexual
contact with a student or minor;
(C) engaged in inappropriate communications with
a student or minor, as defined by board rule;
(D) failed to maintain appropriate boundaries
with a student or minor, as defined by board rule;
(E) [(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.;
(F) [(C)] illegally transferred, appropriated,
or expended funds or other property of the entity [school district,
district of innovation, charter school, other charter entity,
service center, or shared services arrangement];
(G) [(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
(H) [(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);
(4) the superintendent or director becomes aware of
evidence that an educator employed by the entity engaged in
misconduct described by Subdivision (2)(A), (B), (C), or (D); or
(5) [(4)] the educator engaged in conduct that
violated the assessment instrument security procedures established
under Section 39.0301.
(b) [(b-1)] A superintendent or director of an educational
entity [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
(a)(2)(A), (B), (C), or (D) [(b)(2)(A) or (A-1)], despite the
educator's resignation from employment before completion of the
investigation.
(c) [(b-2)] 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:
(1) except as provided by Subdivision (2), not later
than the seventh business day after the date:
(A) [(1)] of an educator's termination of
employment or resignation following an alleged incident of
misconduct described by Subsection (a) [(b)]; or
(B) [(2)] the principal knew about an educator's
criminal record under Subsection (a)(1); or
(2) not later than 48 hours after the principal
becomes aware of evidence of misconduct described by Subsection
(a)(2)(A), (B), (C), or (D) [(b)(1)].
(d) The [(c) Except as provided by Subsection (c-2), the]
superintendent or director must notify the board [State Board for
Educator Certification] by filing a report with the board:
(1) except as provided by Subdivision (2), not later
than the seventh business day after the date the superintendent or
director:
(A) receives notice [a report] from a principal
under Subsection (c) [(b-2)]; or
(B) knew about an educator's termination of
employment or resignation following an alleged incident of
misconduct described by Subsection (a) [(b)] or an educator's
[employee's] criminal record under Subsection (a)(1); or
(2) not later than 48 hours after the superintendent
or director:
(A) receives notice from a principal under
Subsection (c); or
(B) becomes aware of evidence of misconduct
described by Subsection (a)(2)(A), (B), (C), or (D) [(b)(1)].
(e) [(c-1)] The report under Subsection (d) must be [(c)]:
(1) [must be:
[(A)] in writing;
(2) [and
[(B)] in a form prescribed by the board; and
(3) [(2) may be] filed through the Internet portal
developed and maintained by the agency under Section 22A.155 [State
Board for Educator Certification under Subsection (g-1)].
(f) [(d)] The superintendent or director shall notify the
board of trustees or governing body of the educational entity
[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 (d) [(c)].
(g) [(e)] A superintendent, director, or principal of an
educational entity [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 board [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.
(h) [(f)] The board [State Board for Educator
Certification] shall determine whether to impose sanctions,
including an administrative penalty under Subsection (k) [(i)],
against a principal who fails to provide notification to a
superintendent or director in violation of Subsection (c) [(b-2)]
or against a superintendent or director who fails to file a report
in violation of Subsection (d) [(c)].
(i) [(g)] The board [State Board for Educator
Certification] shall propose rules as necessary to implement this
section.
(j) [(h)] The name of a student or minor who is the victim of
abuse or unlawful conduct by an educator 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) [(i)] If an educator serving as a superintendent or
director is required to file a report under Subsection (d) [(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 (c) [(b-2)] and
fails to provide the notice by the date required by that subsection,
the board [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 board [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.
(l) [(j)] A superintendent or director required to file a
report under Subsection (d) [(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 described by
Subsection (a)(2)(A), (B), (E), (F), (G), or (H). A principal
required to notify a superintendent or director about an educator's
criminal record or alleged incident of misconduct under Subsection
(c) [(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 described by Subsection (a)(2)(A), (B), (E), (F), (G),
or (H). An offense under this subsection is a state jail felony.
(m) [(k)] The commissioner may review the records of an
educational entity [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 1.08. Section 22.093, Education Code, is
transferred to Subchapter B, Chapter 22A, Education Code, as added
by this Act, redesignated as Section 22A.052, Education Code, and
amended to read as follows:
Sec. 22A.052 [22.093]. REQUIREMENT TO REPORT EMPLOYEE OR
SERVICE PROVIDER MISCONDUCT TO AGENCY. (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:
(1) a person who is employed by an educational entity
[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; or
(2) a service provider for an educational entity who
has or will have direct contact with students.
(b) [(c)] In addition to the reporting requirement under
Section 261.101, Family Code, the superintendent or director of an
educational entity [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 the superintendent or director:
(1) becomes aware of [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 a person described by
Subsection (a) engaged in misconduct described by Section
22A.051(a)(2)(A), (B), (C), or (D) [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) obtains criminal history record information
relating to misconduct described by Subdivision (1) for a person
described by Subsection (a) [the employee resigned and there is
evidence that the employee engaged in misconduct described by
Subdivision (1)].
(c) [(d)] A superintendent or director of an educational
entity [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 a person described by Subsection (a) [an employee]
that involves evidence that the person [employee] may have engaged
in misconduct described by Subsection (b)(1) [(c)(1)(A) or (B)],
despite the person's termination of or [employee's] resignation
from employment or cessation of services for the entity before
completion of the investigation.
(d) [(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 48 hours [the seventh
business day] after the principal becomes aware of evidence of
[date of an employee's termination of employment or resignation
following] an alleged incident of misconduct described by
Subsection (b)(1) [(c)(1)(A) or (B)].
(e) [(f)] The superintendent or director of an educational
entity must notify the commissioner by filing a report with the
commissioner not later than 48 hours [the seventh business day]
after the [date the] superintendent or director:
(1) receives notice [a report] from a principal under
Subsection (d);
(2) [(e) or] knew about the [an employee's]
termination of [employment] or resignation from employment or
cessation of services of a person described by Subsection (a) for
the entity following an alleged incident of misconduct described by
Subsection (b)(1); or
(3) becomes aware of evidence of misconduct described
by Subsection (b)(1) [(c)(1)(A) or (B)].
(f) The report under Subsection (e) must be:
(1) in writing; [and]
(2) in a form prescribed by the commissioner; and
(3) filed through the Internet portal developed and
maintained by the agency under Section 22A.155.
(g) The superintendent or director shall notify the board of
trustees or governing body of the educational entity [school
district, district of innovation, open-enrollment charter school,
other charter entity, regional education service center, or shared
services arrangement] and the person who is the subject of the
report required under Subsection (e) [employee] of the filing of
the report required by that subsection [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 (e) [(f)] or a principal who in good faith and
while acting in an official capacity notifies a superintendent or
director under Subsection (d) [(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 (e) [(f)] to the board
[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 (e) [(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 a person's [an employee's]
criminal record or alleged incident of misconduct described by
Section 22A.051(a)(2)(A) or (B). A principal required to notify a
superintendent or director about a person's [an employee's] alleged
incident of misconduct under Subsection (d) [(e)] commits an
offense if the principal fails to provide the notice by the date
required by that subsection with intent to conceal a person's [an
employee's] alleged incident of misconduct described by Section
22A.051(a)(2)(A) or (B). An offense under this subsection is a
state jail felony.
(l) The commissioner may review the records of an
educational entity [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.
SECTION 1.09. Section 21.0061, Education Code, is
transferred to Subchapter B, Chapter 22A, Education Code, as added
by this Act, redesignated as Section 22A.053, Education Code, and
amended to read as follows:
Sec. 22A.053 [21.0061]. NOTICE TO PARENT OR GUARDIAN ABOUT
[EDUCATOR] MISCONDUCT. (a) The board of trustees or governing body
of an educational entity [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 a person employed by or acting as a
service provider for the entity [an educator] is alleged to have
engaged in misconduct described by Section 22A.051(a)(2)(A), (B),
(C), or (D) [Section 21.006(b)(2)(A) or (A-1)] informing the parent
or guardian:
(1) that the alleged misconduct occurred;
(2) whether the person [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 agency or
board [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 educational [employing] entity becomes aware
that alleged misconduct may have occurred.
[(c) In this section, "other charter entity" has the meaning
assigned by Section 21.006.]
SECTION 1.10. Sections 21.007 and 21.009, Education Code,
are transferred to Subchapter B, Chapter 22A, Education Code, as
added by this Act, redesignated as Sections 22A.054 and 22A.055,
Education Code, respectively, and amended to read as follows:
Sec. 22A.054 [21.007]. NOTICE ON CERTIFICATION RECORD OF
ALLEGED MISCONDUCT; INCLUSION IN REGISTRY. (a) [In this section,
"board" means the State Board for Educator Certification.
[(b)] The board shall adopt a procedure for placing a notice
of alleged misconduct on an educator's public certification
records. The procedure adopted by the board must provide for
immediate placement of a notice of alleged misconduct on an
educator's public certification records if the alleged misconduct
presents a risk to the health, safety, or welfare of a student or
minor as determined by the board.
(b) [(c)] The board must notify:
(1) an educator in writing when placing a notice of an
alleged incident of misconduct on the public certification records
of the educator; and
(2) the agency for purposes of placing the educator on
the registry in accordance with Subsection (c).
(c) On receiving a notification under Subsection (b), the
agency shall immediately place the educator on the registry and
include information indicating that the educator is under
investigation for alleged misconduct.
(d) The board must provide an opportunity for an educator to
show cause why the notice should not be placed on the educator's
public certification records. The board shall propose rules
establishing the length of time that a notice may remain on the
educator's public certification records before the board must:
(1) initiate a proceeding to impose a sanction on the
educator on the basis of the alleged misconduct; or
(2) remove the notice from the educator's public
certification records.
(e) If it is determined that the educator has not engaged in
the alleged incident of misconduct, the board shall immediately:
(1) remove the notice from the educator's public
certification records; and
(2) notify the agency to remove the educator from the
registry.
(f) The board shall propose rules necessary to administer
this section.
Sec. 22A.055 [21.009]. PRE-EMPLOYMENT OR PRE-SERVICE
AFFIDAVIT. (a) A person applying [An applicant] for employment
with or who will act as a service provider for an educational entity
[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, consent for release of the person's employment records and
a pre-employment or pre-service affidavit disclosing whether the
person [applicant] has ever been:
(1) investigated by a law enforcement or child
protective services agency for, or charged with, adjudicated for,
or convicted of, an offense involving conduct described by Section
22A.051(a)(2)(A), (B), (C), or (D);
(2) investigated by a licensing authority or had a
license, certificate, or permit denied, suspended, revoked, or
subject to another sanction in this state or another state for
conduct described by Section 22A.051(a)(2)(A), (B), (C), or (D);
(3) included in the registry;
(4) employed or is currently employed by or has acted
or is currently acting as a service provider for a public or private
school; or
(5) terminated or discharged or has resigned, in lieu
of being terminated or discharged, from a public or private school
[having an inappropriate relationship with a minor].
(b) A person [An applicant] who answers affirmatively
concerning an action listed under Subsection (a) [inappropriate
relationship with a minor] must disclose in the affidavit all
relevant facts known to the person pertaining to the matter
[charge, adjudication, or conviction], including, if applicable to
the action [for a charge], whether the allegation [charge] was
determined to be true or false.
(c) A person or service provider [An applicant] is not
precluded from being employed by or providing services to an
educational entity based on a disclosed allegation [charge] if the
[employing] entity determines based on the information disclosed in
the affidavit that the allegation [charge] was false.
(d) A determination that an employee or person providing
services failed to disclose information required to be disclosed by
a person [an applicant] under this section is grounds for
termination of employment or service.
(e) An educational entity shall discharge or refuse to hire
or allow to act as a service provider for the entity a person
against whom a determination has been made under Subsection (d).
(f) The board [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 a
person or accepted services from a service provider [an applicant
for a position described by Section 21.003(a) or (b)] despite being
aware that the person knowingly failed to disclose information
required to be disclosed under Subsection (a) [applicant had been
adjudicated for or convicted of having an inappropriate
relationship with a minor].
(g) A person commits an offense if the person fails to
disclose information required to be disclosed under Subsection (a).
An offense under this subsection is a Class B misdemeanor.
SECTION 1.11. Chapter 22A, Education Code, as added by this
Act, is amended by adding Subchapter C, and a heading is added to
that subchapter to read as follows:
SUBCHAPTER C. INVESTIGATION OF MISCONDUCT
SECTION 1.12. Section 22.094, Education Code, is
transferred to Subchapter C, Chapter 22A, Education Code, as added
by this Act, redesignated as Section 22A.101, Education Code, and
amended to read as follows:
Sec. 22A.101 [22.094]. NOTICE OF ALLEGED MISCONDUCT;
INVESTIGATION; HEARING. (a) This section applies to:
(1) a [A] person described by Section 22A.052(a)
[22.093(b) and] who is:
(A) the subject of a report that alleges
misconduct described by Section 22A.051(a)(2)(A), (B), (C), or (D);
(B) [22.093(c)(1)(A) or (B) or who is] identified
as having engaged in [that] misconduct described by Paragraph (A)
using the interagency reportable conduct search engine established
under Chapter 810, Health and Safety Code;
(C) the subject of a complaint alleging
misconduct described by Paragraph (A) filed with the agency; or
(D) the subject of a Department of Family and
Protective Services report received by the agency under Section
261.406, Family Code; or
(2) a person employed by or seeking employment in a
private school who does not hold a certification or permit issued
under Subchapter B, Chapter 21, and who is the subject of a report
that alleges misconduct described by Section 22A.301(a).
(b) A person to whom this section applies [,] 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, [or] search engine, or complaint.
(c) [(b)] On receiving a report or complaint [filed under
Section 22.093(f)] or making an identification described by
Subsection (a), the commissioner shall promptly send to the person
who is the subject of the report or identification 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 (d) [(c)];
(2) a request that the person submit a written
response within the period provided by Subsection (d) [(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 (e) [(d)].
(d) [(c)] A person entitled to a hearing under Subsection
(b) [(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
(c) [(b)].
(e) [(d)] If a person who receives notice provided under
Subsection (c) [(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 22A.155 [22.095] information indicating that the
person is under investigation for alleged misconduct.
(f) [(e)] If a person entitled to a hearing under Subsection
(b) [(a)] does not request a hearing as provided by Subsection (d)
[(c)], the commissioner shall:
(1) based on the report filed under Section
22A.052(e), the complaint alleging misconduct, [22.093(f)] or the
identification described by Subsection (a), make a determination
whether the person engaged in misconduct; and
(2) if the commissioner determines that the person
engaged in misconduct described by Section 22A.051(a)(2)(A), (B),
(C), or (D) [22.093(c)(1)(A) or (B)], instruct the agency to add the
person's name to the registry [maintained under Section 22.092].
(g) [(f)] If a person entitled to a hearing under Subsection
(b) [(a)] requests a hearing as provided by Subsection (d) [(c)] and
the final decision in that hearing determines that the person
engaged in misconduct described by Section 22A.051(a)(2)(A), (B),
(C), or (D) [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].
(h) [(g)] If a person entitled to a hearing under Subsection
(b) [(a)] requests a hearing as provided by Subsection (d) [(c)] and
the final decision in that hearing determines that the person did
not engage in misconduct described by Section 22A.051(a)(2)(A),
(B), (C), or (D) [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 22A.155
[22.095] the information indicating that the person is under
investigation for alleged misconduct.
(i) [(h)] The commissioner shall adopt rules as necessary
to implement this section. In adopting rules, the commissioner
shall follow any guidelines adopted by the board regarding
sanctions for misconduct described by Section 22A.051(a)(2)(A),
(C), or (D).
SECTION 1.13. Subchapter C, Chapter 22A, Education Code, as
added by this Act, is amended by adding Section 22A.102 to read as
follows:
Sec. 22A.102. PRELIMINARY DETERMINATION. To the extent
feasible, not later than the 30th day after receipt of a report
under Section 22A.051(d), 22A.052(e), 22A.301(c), or 22A.302(c),
the board or agency, as applicable, shall, based on a preliminary
review of the report, make a determination regarding whether:
(1) if the person who is the subject of the report is
an educator, a notice of alleged misconduct should be placed on the
educator's public certification records under Section 22A.054; and
(2) the person should be placed on the registry under
Section 22A.151 with an indication that the person is under
investigation for alleged misconduct.
SECTION 1.14. Section 21.062, Education Code, is
transferred to Subchapter C, Chapter 22A, Education Code, as added
by this Act, redesignated as Section 22A.103, Education Code, and
amended to read as follows:
Sec. 22A.103 [21.062]. ISSUANCE OF SUBPOENAS. (a) During
an investigation by the commissioner of an educator or person who is
employed by or providing services to an educational entity 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.
(a-1) A response to a subpoena described by Subsection
(a)(2) must be submitted through the Internet portal developed and
maintained by the agency under Section 22A.155 unless the
commissioner authorizes a different method of submission.
(b) A subpoena may be served personally, electronically, or
by certified mail.
(c) If a person fails to comply with a subpoena, the
commissioner, acting through the attorney general, may file suit to
enforce the subpoena in a district court in this state. On finding
that good cause exists for issuing the subpoena, the court shall
order the person to comply with the subpoena. The court may punish
a person who fails to obey the court order.
(d) All information and materials subpoenaed or compiled in
connection with an investigation described by Subsection (a) are
confidential and not subject to disclosure under Chapter 552,
Government Code.
(e) Except as provided by a protective order, and
notwithstanding Subsection (d), all information and materials
subpoenaed or compiled in connection with an investigation
described by Subsection (a) may be used in a disciplinary
proceeding against a person [an educator] based on an alleged
incident of misconduct.
SECTION 1.15. Subchapter C, Chapter 22A, Education Code, as
added by this Act, is amended by adding Section 22A.104 to read as
follows:
Sec. 22A.104. RESTRICTION ON SURRENDER OF CERTIFICATE OR
PERMIT PENDING INVESTIGATION. If a person issued a certificate or
permit under Subchapter B, Chapter 21, attempts to surrender the
certificate or permit while the board is investigating an
allegation that the person engaged in misconduct described by
Section 22A.051(a)(2)(A), (B), (C), or (D), the board may not
accept the surrender unless the person agrees to be included in the
registry.
SECTION 1.16. Chapter 22A, Education Code, as added by this
Act, is amended by adding Subchapter D, and a heading is added to
that subchapter to read as follows:
SUBCHAPTER D. PERSONS NOT ELIGIBLE FOR EMPLOYMENT OR PROVISION OF
SERVICES
SECTION 1.17. Section 22.092, Education Code, is
transferred to Subchapter D, Chapter 22A, Education Code, as added
by this Act, redesignated as Section 22A.151, Education Code, and
amended to read as follows:
Sec. 22A.151 [22.092]. REGISTRY OF PERSONS NOT ELIGIBLE FOR
EMPLOYMENT IN OR PROVISION OF SERVICES TO EDUCATIONAL ENTITIES
[PUBLIC SCHOOLS]. (a) The agency shall maintain and make available
through the Internet portal developed and maintained by the agency
under Section 22A.155 [22.095] a registry of persons who are not
eligible to be employed by or act as a service provider for an
educational entity [a school district, district of innovation,
open-enrollment charter school, other charter entity, regional
education service center, or shared services arrangement].
(b) An educational entity [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, or terminate or refuse to accept
services from, a person listed on the registry [maintained under
this section].
(c) An educational entity may not allow a person who is
listed on the registry to act as a service provider for the entity.
(d) The registry [maintained under this section] must list
the following persons as not eligible to be employed by or act as a
service provider for an educational entity [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 22A.201(b) [21.058(b)];
(4) a person whose certification or permit, or
application for a certification or permit, issued under Subchapter
B, Chapter 21, is denied or revoked by the board and who has not been
issued a certificate or permit under that subchapter subsequent to
that denial or revocation [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 whose certification or permit issued
under Subchapter B, Chapter 21, is suspended by the board for a
reason other than under Section 21.105(c), 21.160(c), or 21.210(c)
for the period of the suspension;
(6) a person who is determined by the commissioner
under Section 22A.101 [22.094] to have engaged in misconduct
described by Section 22A.051(a)(2)(A), (B), (C), or (D); and
(7) a person temporarily included in the registry
under Section 22A.152 or 22A.153 for the term of the placement
[22.093(c)(1)(A) or (B)].
(e) The registry must include information indicating
whether a person's listing in the registry expires. A prohibition
applicable to a person included in the registry no longer applies to
a person whose listing in the registry has expired and, if
applicable, whose certification or permit under Subchapter B,
Chapter 21, has been reinstated.
(f) [(d)] The agency shall provide equivalent access to the
registry [maintained under this section] to:
(1) private schools;
(2) educational entities [public schools]; [and]
(3) nonprofit teacher organizations approved by the
commissioner for the purpose of participating in the tutoring
program established under Section 33.913;
(4) entities that have entered into a contract to
operate a school district campus under Section 11.174; and
(5) service providers for an educational entity that
are authorized by the entity to access the registry.
(g) Each school year, the superintendent or director of an
educational entity shall certify to the commissioner that the
entity has complied with this section. If feasible, the
commissioner by rule shall consolidate the requirement under this
subsection with other reporting requirements applicable to the
entity.
(h) [(e)] The commissioner [agency] shall adopt rules as
necessary to implement this section.
SECTION 1.18. Subchapter D, Chapter 22A, Education Code, as
added by this Act, is amended by adding Sections 22A.152, 22A.153,
and 22A.154 to read as follows:
Sec. 22A.152. TEMPORARY INCLUSION IN REGISTRY BASED ON
CONTINUING AND IMMINENT THREAT TO PUBLIC WELFARE. (a) The
commissioner shall temporarily include a person in the registry if
the commissioner, based on evidence or information presented to the
commissioner regarding a complaint alleging misconduct by the
person, determines that the person's continued employment at or
provision of services to an educational entity constitutes a
continuing and imminent threat to the public welfare.
(b) A person may be temporarily included in the registry
without notice or hearing on the complaint alleging the person's
misconduct if:
(1) proceedings for a hearing before the State Office
of Administrative Hearings are initiated simultaneously with the
temporary inclusion; and
(2) a hearing is held as soon as possible under this
chapter and Chapter 2001, Government Code.
(c) The State Office of Administrative Hearings shall hold a
preliminary hearing not later than the 17th day after the date of
the temporary inclusion to determine whether probable cause exists
that the person's employment at or provision of services to an
educational entity constitutes a continuing and imminent threat to
the public welfare. The probable cause hearing shall be conducted
as a de novo hearing.
(d) The State Office of Administrative Hearings shall hold a
final hearing on the matter not later than the 61st day after the
date of the temporary inclusion.
(e) The commissioner by rule shall adopt procedures for the
temporary inclusion of a person in the registry under this section.
Sec. 22A.153. TEMPORARY INCLUSION IN REGISTRY FOR CERTAIN
ARRESTS. (a) The commissioner shall temporarily include a person
who is employed by or acting as a service provider for an
educational entity in the registry if the person is arrested for an
offense listed under Section 22A.201(a).
(b) Before temporarily including a person described by
Subsection (a) in the registry, the commissioner must verify that
the person arrested for an offense described by that subsection is
the same person who is employed by or acting as a service provider
for an educational entity.
(c) An inclusion in the registry under this section remains
in effect until the final disposition of the matter. The State
Office of Administrative Hearings shall hold a final hearing on the
matter not later than the 61st day after the date of the final
disposition of any criminal charges related to the arrest to
determine whether the person should be included in the registry.
(d) The commissioner shall adopt rules to implement this
section.
Sec. 22A.154. REPORTING TO LAW ENFORCEMENT. (a) In this
section, "law enforcement agency" means:
(1) the Department of Public Safety;
(2) the police department of a municipality;
(3) the sheriff's office of a county; or
(4) a constable's office of a county.
(b) The agency shall refer to an appropriate law enforcement
agency any allegation of misconduct that results in the inclusion
of a person in the registry that has not already been referred to a
law enforcement agency.
(c) The agency shall refer any allegation of misconduct to
an appropriate law enforcement agency if the agency believes the
allegation includes evidence of criminal conduct.
(d) The agency shall maintain a record of each allegation of
misconduct referred to a law enforcement agency under this section.
SECTION 1.19. Sections 22.095 and 22.096, Education Code,
are transferred to Subchapter D, Chapter 22A, Education Code, as
added by this Act, redesignated as Sections 22A.155 and 22A.156,
Education Code, respectively, and amended to read as follows:
Sec. 22A.155 [22.095]. INTERNET PORTAL. (a) The agency
shall develop and maintain an Internet portal through which:
(1) a report required under Section 22A.051(d),
22A.052(e), 22A.301(c), or 22A.302(c) is [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 by or act as service providers for educational
entities [in public schools] as described by Section 22A.151
[22.092]; and
(B) information indicating that a person is under
investigation for alleged misconduct in accordance with Section
22A.101(e) [22.094(d)], provided that the agency must provide the
information through a procedure other than the registry [described
under Paragraph (A)].
(b) The Internet portal must comply with any requirements
adopted by the board for filing reports under Sections 22A.051 and
22A.301.
Sec. 22A.156 [22.096]. COMPLIANCE MONITORING; AGENCY
INVESTIGATION AND REVIEW. (a) The agency shall periodically
[conduct site visits and] review the records of educational
entities [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 22A.151(b) [22.092(b)].
(b) The agency shall review the investigations conducted by
educational entities involving allegations of misconduct described
by Section 22A.051(a)(2)(A), (B), (C), or (D) to ensure that the
investigations are conducted using appropriate investigative
protocols, including when cooperating with a law enforcement agency
or the Department of Family and Protective Services in accordance
with the policy adopted under Section 38.004. If the agency
determines that an educational entity failed to follow appropriate
investigative protocols, the commissioner may authorize a special
investigation under Section 39.003.
(c) The agency may directly investigate allegations of
misconduct described by Section 22A.051(a)(2)(A), (B), (C), or (D),
regardless of whether a report or complaint was filed with the
agency.
SECTION 1.20. Section 22.085, Education Code, is
transferred to Subchapter D, Chapter 22A, Education Code, as added
by this Act, redesignated as Section 22A.157, Education Code, and
amended to read as follows:
Sec. 22A.157 [22.085]. EMPLOYEES AND APPLICANTS CONVICTED
OF OR PLACED ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR
CERTAIN OFFENSES. (a) An educational entity [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 entity [district, school, or shared services
arrangement] obtains information 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 Section
22A.201(a)(1) [for which a defendant is required to register as a
sex offender under Chapter 62, Code of Criminal Procedure]; or
(2) convicted of an [:
[(A) a felony] offense described by Section
22A.201(a)(2) [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) an offense under the laws of another state
or federal law that is equivalent to an offense under Subdivision
(1) or Paragraph (A)].
(b) Subsection (a) does not apply if the employee or
applicant for employment committed an offense under Title 5, Penal
Code and:
(1) the date of the offense is more than 30 years
before:
(A) the effective date of S.B. No. 9, Acts of the
80th Legislature, Regular Session, 2007, in the case of a person
employed by a school district, open-enrollment charter school, or
shared services arrangement as of that date; or
(B) the date the person's employment will begin,
in the case of a person applying for employment with a school
district, open-enrollment charter school, or shared services
arrangement after the effective date of S.B. No. 9, Acts of the 80th
Legislature, Regular Session, 2007; and
(2) the employee or applicant for employment satisfied
all terms of the court order entered on conviction.
(c) An educational entity [A school district,
open-enrollment charter school, or shared services arrangement]
may not allow a person who is an employee of or applicant for
employment by a qualified school contractor or an entity that
contracts with the entity [district, school, or shared services
arrangement] to serve [at the district or school or] for the entity
[shared services arrangement] if the entity [district, school, or
shared services arrangement] obtains information described by
Subsection (a) through a criminal history record information review
concerning the employee or applicant. An educational entity [A
school district, open-enrollment charter school, or shared
services arrangement] must ensure that an entity that the
educational entity [district, school, or shared services
arrangement] contracts with for services has obtained all criminal
history record information as required by Section 22.0834.
(d) An educational entity or [A school district,
open-enrollment charter school,] private school[, regional
education service center, or shared services arrangement] may
discharge an employee if the entity [district] or school obtains
information of the employee's conviction of a felony or of a
misdemeanor involving moral turpitude that the employee did not
disclose to the board [State Board for Educator Certification] or
the entity or [district,] school[, service center, or shared
services arrangement]. An employee discharged under this section
is considered to have been discharged for misconduct for purposes
of Section 207.044, Labor Code.
(e) The board [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).
(f) Each school year, the superintendent of a school
district or chief operating officer of an open-enrollment charter
school shall certify to the commissioner that the district or
school has complied with this section.
SECTION 1.21. Chapter 22A, Education Code, as added by this
Act, is amended by adding Subchapter E, and a heading is added to
that subchapter to read as follows:
SUBCHAPTER E. DENIAL OR REVOCATION OF EDUCATOR CERTIFICATION FOR
MISCONDUCT
SECTION 1.22. Section 21.058, Education Code, is
transferred to Subchapter E, Chapter 22A, Education Code, as added
by this Act, redesignated as Section 22A.201, Education Code, and
amended to read as follows:
Sec. 22A.201 [21.058]. DENIAL OR REVOCATION OF CERTIFICATE
AND TERMINATION OF EMPLOYMENT BASED ON CONVICTION OF OR PLACEMENT
ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN
OFFENSES. (a) The procedures described by this section
[Subsections (b) and (c)] apply only to:
(1) conviction of or placement on deferred
adjudication community supervision for:
(A) an offense for which a defendant is required
to register as a sex offender under Chapter 62, Code of Criminal
Procedure;
(B) an offense under Section 21.12 or 43.24,
Penal Code;
(C) a felony offense under Chapter 43, Penal
Code;
(D) a felony offense involving school property;
or
(E) an offense under the laws of another state or
federal law that is equivalent to an offense under Paragraph (A),
(B), (C), or (D); or
(2) conviction 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) an offense under the laws of another state or
federal law that is equivalent to an offense under Paragraph (A)
[(3) conviction of or placement on deferred
adjudication community supervision for an offense under Section
43.24, Penal Code].
(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 Subchapter B, Chapter 21 [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
person's certificate issued under Subchapter B, Chapter 21, [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) for a [if the] person [is] employed under a
probationary, continuing, or term contract under Chapter 21 [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 (e)
[(c-2)]; and
(C) terminate the employment of the person as
soon as practicable.
(d) [(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
Chapter 21 [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 (e) [(c-2)];
and
(3) terminate the employment of the person as soon as
practicable.
(e) [(c-2)] A person's probationary, continuing, or term
contract under Chapter 21 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 (d)(2)
[(c-1)(2)].
(f) The board or a school district may not issue a
certificate or permit under Subchapter B, Chapter 21, to a person
who has been convicted of or placed on deferred adjudication for an
offense described by Subsection (a)(1) or who has been convicted of
an offense described by Subsection (a)(2) [(d) A person whose
certificate is revoked under Subsection (b) may reapply for a
certificate in accordance with board rules].
(g) [(e)] Action taken by a school district or
open-enrollment charter school under Subsection (c) or (d) [(c-1)]
is not subject to appeal under this chapter, and the notice and
hearing requirements of this chapter do not apply to the action.
SECTION 1.23. Subchapter E, Chapter 22A, Education Code, as
added by this Act, is amended by adding Sections 22A.202 and 22A.203
to read as follows:
Sec. 22A.202. TEMPORARY SUSPENSION OF CERTIFICATION OR
PERMIT BASED ON CONTINUING AND IMMINENT THREAT TO PUBLIC WELFARE.
(a) The board shall temporarily suspend an educator's
certification or permit issued under Subchapter B, Chapter 21, if
the board, based on evidence or information presented to the board
regarding a complaint alleging misconduct by the educator,
determines, by a majority vote of the board or of a five-person
committee of board members designated by the board, that the
educator's continued certification or permit issuance constitutes
a continuing and imminent threat to the public welfare.
(b) Notwithstanding Chapter 551, Government Code, the board
or a committee described by Subsection (a) may hold a meeting by
telephone conference call if the board or committee determines that
immediate action is required and convening the board or committee
at one location would be inconvenient for any member of the board or
committee.
(c) An educator's certification or permit may be
temporarily suspended under this section without notice or hearing
on the complaint alleging the educator's misconduct if:
(1) proceedings for a hearing before the State Office
of Administrative Hearings are initiated simultaneously with the
temporary suspension; and
(2) a hearing is held as soon as possible under this
chapter and Chapter 2001, Government Code.
(d) The State Office of Administrative Hearings shall hold a
preliminary hearing not later than the 17th day after the date of
the temporary suspension to determine whether probable cause exists
that the educator's certification or permit issuance constitutes a
continuing and imminent threat to the public welfare. The probable
cause hearing shall be conducted as a de novo hearing.
(e) The State Office of Administrative Hearings shall hold a
final hearing on the matter not later than the 61st day after the
date of the temporary suspension.
(f) The board shall propose rules adopting procedures for
the temporary suspension of an educator's certification or permit
under this section.
Sec. 22A.203. TEMPORARY SUSPENSION OF CERTIFICATION OR
PERMIT FOR CERTAIN ARRESTS. (a) The board shall temporarily
suspend an educator's certification or permit issued under
Subchapter B, Chapter 21, if the educator is arrested for an offense
listed under Section 22A.201(a).
(b) Before suspending an educator's certification or permit
under Subsection (a), the board or a five-person committee of board
members designated by the board must verify that the person
arrested for an offense described by that subsection is the same
person who holds a certification or permit issued under Subchapter
B, Chapter 21, by the board.
(c) A suspension under this section remains in effect until
the final disposition of the matter. The State Office of
Administrative Hearings shall hold a final hearing on the matter
not later than the 61st day after the date of the final disposition
of any criminal charges related to the arrest to determine whether
the person's certification or permit should be revoked.
(d) The board shall propose rules to implement this section.
SECTION 1.24. Chapter 22A, Education Code, as added by this
Act, is amended by adding Subchapter F to read as follows:
SUBCHAPTER F. OTHER REPORTING REQUIREMENTS
Sec. 22A.251. REPORT BY AGENCY. (a) The agency, in
cooperation with the board, shall, on a quarterly basis, post on the
agency's Internet website a report on educator, employee,
contractor, and service provider misconduct reported under this
chapter.
(b) The report under Subsection (a) must be disaggregated by
type of misconduct and include:
(1) the number of reports of alleged misconduct,
categorized by the source of the report and whether the person who
is the subject of the report holds a certification or permit issued
under Subchapter B, Chapter 21;
(2) the number of preliminary reviews under Section
22A.102 that resulted in a formal investigation;
(3) the number of preliminary reviews under Section
22A.102 that did not result in a formal investigation, categorized
by reason for disposition;
(4) the number of formal investigations, categorized
by disposition;
(5) the number of individuals sanctioned by the board
or placed on the registry following a formal investigation; and
(6) any other information as determined by the board
or commissioner.
SECTION 1.25. Chapter 22A, Education Code, as added by this
Act, is amended by adding Subchapter G, and a heading is added to
that subchapter to read as follows:
SUBCHAPTER G. REQUIRED MISCONDUCT REPORTING: PRIVATE SCHOOLS AND
EDUCATIONAL PROVIDERS
SECTION 1.26. Section 21.0062, Education Code, is
transferred to Subchapter G, Chapter 22A, Education Code, as added
by this Act, redesignated as Section 22A.301, Education Code, and
amended to read as follows:
Sec. 22A.301 [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) "Private school 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 board [State Board for Educator
Certification] if the chief administrative officer becomes aware of
evidence that a person employed by or seeking employment in a
private school engaged in misconduct described by Section
22A.051(a)(2)(A), (B), (C), or (D) [educator:
[(1) has a criminal record and the private school
obtained information about the educator's criminal record; or
[(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].
(b) [(c)] If there is evidence that a private school
employee [educator] may have engaged in misconduct described by
Subsection (a) [(b)] and the employee [educator] resigns from
employment before completion of the investigation, the chief
administrative officer of the private school shall submit the
evidence of misconduct collected to the board [State Board for
Educator Certification].
(c) [(d)] The chief administrative officer of the private
school must notify the board [State Board for Educator
Certification] by filing a report with the board not later than 48
hours after the chief administrative officer becomes aware of
evidence of [not later than the seventh business day after the date
the chief administrative officer knew that a private school
educator:
[(1) has a criminal record under Subsection (b)(1); or
[(2) was terminated following] an alleged incident of
misconduct described by Subsection (a) [(b)(2)].
(d) [(e)] The report filed under Subsection (c) [(d)] must
be:
(1) in writing; [and]
(2) in a form prescribed by the board; and
(3) filed through the Internet portal developed and
maintained by the agency under Section 22A.155.
(e) [(f)] Any person who knows or has reason to believe that
a person employed by or seeking employment in a private school
[educator] engaged in the misconduct described by Subsection (a)
[(b)(2)] may file a report with the board [State Board for Educator
Certification] under this section.
(f) [(g)] A chief administrative officer of a private
school or any other person who in good faith files a report with the
board [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 a person employed by or
seeking employment in a private school [educator] is immune from
civil or criminal liability that might otherwise be incurred or
imposed.
(g) [(h)] The name of a student or minor who is the victim of
abuse or unlawful conduct by a person employed by or seeking
employment in a private school [educator] 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.
(h) [(i)] The board [State Board for Educator
Certification] shall propose rules as necessary to implement this
section.
SECTION 1.27. Subchapter G, Chapter 22A, Education Code, as
added by this Act, is amended by adding Section 22A.302 to read as
follows:
Sec. 22A.302. REQUIREMENT FOR COMPTROLLER TO REPORT
EDUCATIONAL PROVIDER MISCONDUCT TO AGENCY AND BOARD. (a) This
section applies to a person who is employed by or contracts with an
educational provider to provide educational services to a child
participating in the education savings account program.
(b) In addition to the reporting requirement under Section
261.101, Family Code, the comptroller shall notify the board and
the commissioner if the comptroller:
(1) becomes aware of evidence that a person described
by Subsection (a) engaged in misconduct described by Section
22A.051(a)(2)(A), (B), (C), or (D); or
(2) obtains criminal history record information
relating to misconduct described by Subdivision (1) for a person
described by Subsection (a).
(c) The comptroller must notify the board and the
commissioner by filing a report with the board and the commissioner
not later than 48 hours after the comptroller:
(1) knew about the termination or resignation from
employment or cessation of service of a person described by
Subsection (a) by the person's educational provider following an
alleged incident of misconduct described by Subsection (b)(1); or
(2) becomes aware of evidence of misconduct described
by Subsection (b)(1).
(d) The report under Subsection (c) must be:
(1) in writing;
(2) in a form prescribed by the commissioner; and
(3) filed through the Internet portal developed and
maintained by the agency under Section 22A.155.
(e) The comptroller shall notify the person who is the
subject of the report required under Subsection (c) and the
person's educational provider of the filing of the report.
(f) The name of a student or minor who is the victim of abuse
or unlawful conduct 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.
(g) The comptroller shall require an educational provider,
as a condition of participating in the education savings account
program, to provide information, in the manner and form prescribed
by the comptroller, necessary for the comptroller to comply with
this section.
(h) The board shall propose rules and the commissioner shall
adopt rules as necessary to implement this section.
SECTION 1.28. Section 39.003(a), Education Code, is amended
to read as follows:
(a) The commissioner may authorize special 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;
(15) when 10 percent or more of the students
graduating in a particular school year from a particular high
school campus are awarded a diploma based on the determination of an
individual graduation committee under Section 28.0258;
(16) when a school district for any reason fails to:
(A) produce, at the request of the agency,
evidence or an investigation report relating to a person [an
educator] who is under investigation by the State Board for
Educator Certification or the agency; or
(B) timely submit a report required under Chapter
22A regarding a person who is required to be reported to the State
Board for Educator Certification or the agency under that chapter;
or
(17) as the commissioner otherwise determines
necessary.
SECTION 1.29. Section 261.001, Family Code, is amended by
amending Subdivision (1) and adding Subdivision (3-a) to read as
follows:
(1) "Abuse" includes the following acts or omissions
by a person:
(A) mental or emotional injury to a child that
results in an observable and material impairment in the child's
growth, development, or psychological functioning;
(B) causing or permitting the child to be in a
situation in which the child sustains a mental or emotional injury
that results in an observable and material impairment in the
child's growth, development, or psychological functioning;
(C) physical injury that results in substantial
harm to the child, or the genuine threat of substantial harm from
physical injury to the child, including an injury that is at
variance with the history or explanation given and excluding an
accident or reasonable discipline by a parent, guardian, or
managing or possessory conservator that does not expose the child
to a substantial risk of harm;
(D) failure to make a reasonable effort to
prevent an action by another person that results in physical injury
that results in substantial harm to the child;
(E) sexual conduct harmful to a child's mental,
emotional, or physical welfare, including conduct that constitutes
the offense of continuous sexual abuse of young child or disabled
individual under Section 21.02, Penal Code, indecency with a child
under Section 21.11, Penal Code, improper relationship between
educator and student under Section 21.12, Penal Code, sexual
assault under Section 22.011, Penal Code, or aggravated sexual
assault under Section 22.021, Penal Code;
(F) failure to make a reasonable effort to
prevent sexual conduct harmful to a child;
(G) compelling or encouraging the child to engage
in sexual conduct as defined by Section 43.01, Penal Code,
including compelling or encouraging the child in a manner that
constitutes an offense of trafficking of persons under Section
20A.02(a)(7) or (8), Penal Code, solicitation of prostitution under
Section 43.021, Penal Code, or compelling prostitution under
Section 43.05(a)(2), Penal Code;
(H) causing, permitting, encouraging, engaging
in, or allowing the photographing, filming, or depicting of the
child if the person knew or should have known that the resulting
photograph, film, or depiction of the child is obscene as defined by
Section 43.21, Penal Code, or pornographic;
(I) the current use by a person of a controlled
substance as defined by Chapter 481, Health and Safety Code, in a
manner or to the extent that the use results in physical, mental, or
emotional injury to a child;
(J) causing, expressly permitting, or
encouraging a child to use a controlled substance as defined by
Chapter 481, Health and Safety Code;
(K) causing, permitting, encouraging, engaging
in, or allowing a sexual performance by a child as defined by
Section 43.25, Penal Code;
(L) knowingly causing, permitting, encouraging,
engaging in, or allowing a child to be trafficked in a manner
punishable as an offense under Section 20A.02(a)(5), (6), (7), or
(8), Penal Code, or the failure to make a reasonable effort to
prevent a child from being trafficked in a manner punishable as an
offense under any of those sections; or
(M) forcing or coercing a child to enter into a
marriage.
(3-a) "Law enforcement agency" means:
(A) the Department of Public Safety;
(B) the police department of a municipality;
(C) the sheriff's office of a county; or
(D) a constable's office of a county.
SECTION 1.30. Sections 261.101(b) and (d), Family Code, are
amended to read as follows:
(b) If a professional has reasonable cause to believe that a
child has been abused or neglected or may be abused or neglected, or
that a child is a victim of an offense under Section 21.11, Penal
Code, and the professional has reasonable cause to believe that the
child has been abused as defined by Section 261.001, the
professional shall make a report not later than the 24th [48th] hour
after the hour the professional first has reasonable cause to
believe that the child has been or may be abused or neglected or is a
victim of an offense under Section 21.11, Penal Code. A
professional may not delegate to or rely on another person to make
the report. In this subsection, "professional" means an individual
who is licensed or certified by the state or who is an employee of a
facility licensed, certified, or operated by the state and who, in
the normal course of official duties or duties for which a license
or certification is required, has direct contact with children.
The term includes teachers, nurses, doctors, day-care employees,
employees of a clinic or health care facility that provides
reproductive services, juvenile probation officers, and juvenile
detention or correctional officers.
(d) Unless waived in writing by the person making the
report, the identity of an individual making a report under this
chapter is confidential and may be disclosed only:
(1) as provided by Section 261.201; [or]
(2) to a law enforcement officer for the purposes of
conducting a criminal investigation of the report; or
(3) to the Texas Education Agency or the State Board
for Educator Certification, on request by the agency or board, for
the purposes of:
(A) conducting an investigation of the report;
(B) conducting an investigation of an allegation
that a person failed to submit a report as required under this
chapter; or
(C) compliance monitoring or conducting an
investigation or review of an investigation under Section 22A.156,
Education Code.
SECTION 1.31. Section 261.103(a), Family Code, is amended
to read as follows:
(a) Except as provided by Subsections (b) and (c) and
Section 261.405, a report shall be made to:
(1) a [any local or state] law enforcement agency;
(2) the department; or
(3) the state agency that operates, licenses,
certifies, or registers the facility in which the alleged abuse or
neglect occurred.
SECTION 1.32. Sections 261.104(b) and (d), Family Code, are
amended to read as follows:
(b) If the individual making a report of child abuse or
neglect uses the toll-free telephone number the department operates
for reporting child abuse or neglect and the individual is
unwilling to provide the information described by Subsection
(a)(4), the department representative receiving the report shall
notify the individual that:
(1) the department is not authorized to accept an
anonymous report of abuse or neglect;
(2) the individual may report the abuse or neglect by
making a report to a [any local or state] law enforcement agency;
and
(3) the identity of an individual making a report
under this subchapter is confidential and may be disclosed only:
(A) as provided by Section 261.201; [or]
(B) to a law enforcement officer for the purposes
of conducting a criminal investigation of the report; or
(C) to the Texas Education Agency or the State
Board for Educator Certification, on request by the agency or
board, for the purposes of:
(i) conducting an investigation of the
report;
(ii) conducting an investigation of an
allegation that a person failed to submit a report as required under
this chapter; or
(iii) compliance monitoring or conducting
an investigation or review of an investigation under Section
22A.156, Education Code.
(d) If a report of abuse or neglect is made orally, the
department or [local or state] law enforcement agency receiving the
report shall:
(1) notify the individual making the report that:
(A) the report is being recorded; and
(B) making a false report is a criminal offense
under Section 261.107 punishable as a state jail felony or a third
degree felony; and
(2) make an audio recording of the report.
SECTION 1.33. Sections 261.105(a), (b), and (d), Family
Code, are amended to read as follows:
(a) All reports received by a [local or state] law
enforcement agency that allege abuse or neglect by a person
responsible for a child's care, custody, or welfare shall be
referred immediately to the department.
(b) The department shall immediately notify the appropriate
[state or local] law enforcement agency of any report it receives,
other than a report from a law enforcement agency, that concerns the
suspected abuse or neglect of a child or death of a child from abuse
or neglect.
(d) If the department initiates an investigation and
determines that the abuse or neglect does not involve a person
responsible for the child's care, custody, or welfare, the
department shall refer the report to the appropriate [a] law
enforcement agency for further investigation. If the department
determines that the abuse or neglect involves an employee of a
public or private elementary or secondary school, [and that the
child is a student at the school,] the department shall [orally]
notify, in writing, the superintendent of the school district, the
director of the open-enrollment charter school, or the chief
executive officer of the private school in which the employee is
employed about the investigation. The written notice required by
this subsection may be provided by e-mail to the official e-mail
address of the appropriate official, if that e-mail address is
publicly available.
SECTION 1.34. Sections 261.301(a) and (c), Family Code, are
amended to read as follows:
(a) With assistance from the appropriate [state or local]
law enforcement agency as provided by this section, the department
shall make a prompt and thorough investigation of a report of child
abuse or neglect allegedly committed by a person responsible for a
child's care, custody, or welfare. The investigation shall be
conducted without regard to any pending suit affecting the
parent-child relationship.
(c) The department is not required to investigate a report
that alleges child abuse, neglect, or exploitation by a person
other than a person responsible for a child's care, custody, or
welfare. The appropriate [state or local] law enforcement agency
shall investigate that report if the agency determines an
investigation should be conducted.
SECTION 1.35. Section 261.304(a), Family Code, is amended
to read as follows:
(a) If an individual makes an anonymous report of child
abuse or neglect by a person responsible for a child's care,
custody, or welfare to a [local or state] law enforcement agency and
the agency refers the report to the department, the department
shall conduct a preliminary investigation to determine whether
there is any evidence to corroborate the report.
SECTION 1.36. Section 261.308, Family Code, is amended by
adding Subsection (f) to read as follows:
(f) The department shall release information required to be
released to the Texas Education Agency or the State Board for
Educator Certification under Subsection (d) or (e) by submitting
the information through the Internet portal developed and
maintained by the agency under Section 22A.155, Education Code.
SECTION 1.37. Section 261.402(b), Family Code, is amended
to read as follows:
(b) A state agency shall immediately notify the appropriate
[state or local] law enforcement agency of any report the agency
receives, other than a report from a law enforcement agency, that
concerns the suspected abuse, neglect, or exploitation of a child
or the death of a child from abuse or neglect. If the state agency
finds evidence indicating that a child may have been abused,
neglected, or exploited, the agency shall report the evidence to
the appropriate law enforcement agency.
SECTION 1.38. Section 261.406(b), Family Code, is amended
to read as follows:
(b) The department shall send a copy of the completed report
of the department's investigation to the Texas Education Agency or,
in the case of a private school, the school's chief executive
officer. On request, the department shall provide a copy of the
completed report of the department's investigation to the State
Board for Educator Certification, the local school board or the
school's governing body, the superintendent of the school district,
the public school principal or director, or the chief executive
officer of the private school, unless the principal, director, or
chief executive officer is alleged to have committed the abuse or
neglect, for appropriate action. On request, the department shall
provide a copy of the report of investigation to the parent,
managing conservator, or legal guardian of a child who is the
subject of the investigation and to the person alleged to have
committed the abuse or neglect. The report of investigation shall
be edited to protect the identity of the persons who made the report
of abuse or neglect unless the Texas Education Agency or State Board
for Educator Certification requests the identity of the persons who
made the report under Section 261.101(d)(3). Except as otherwise
provided by this subsection, Section 261.201(b) applies to the
release of the report relating to the investigation of abuse or
neglect under this section and to the identity of the person who
made the report of abuse or neglect.
ARTICLE 2. CONFORMING CHANGES
SECTION 2.01. Section 7.028(a), Education Code, is amended
to read as follows:
(a) Except as provided by Section 22A.051(m) [21.006(k)],
22A.052(l) [22.093(l)], 22A.156 [22.096], 28.006, 29.001(5),
29.010(a), 33.006(h), 37.1083, 37.1084, 38.003, or 39.003, 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, or Subchapter A,
Chapter 37, only as necessary to ensure:
(1) compliance with federal law and regulations;
(2) financial accountability, including compliance
with grant requirements;
(3) data integrity for purposes of:
(A) the Public Education Information Management
System (PEIMS); and
(B) accountability under Chapters 39 and 39A; and
(4) qualification for funding under Chapter 48.
SECTION 2.02. Section 12.0271, Education Code, is amended
to read as follows:
Sec. 12.0271. FAILURE TO DISCHARGE OR REFUSE TO HIRE OR
TERMINATE OR REFUSE SERVICES FROM CERTAIN EMPLOYEES, [OR]
APPLICANTS, OR SERVICE PROVIDERS. 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, or terminate or refuse to accept services from,
certain employees, [or] applicants for employment, or service
providers under Section 22A.151 or 22A.157, as applicable [22.085
or 22.092].
SECTION 2.03. Section 12.0631, Education Code, is amended
to read as follows:
Sec. 12.0631. FAILURE TO DISCHARGE OR REFUSE TO HIRE OR
TERMINATE OR REFUSE SERVICES FROM CERTAIN EMPLOYEES, [OR]
APPLICANTS, OR SERVICE PROVIDERS. 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, or terminate or refuse
to accept services from, certain employees, [or] applicants for
employment, or service providers under Section 12.1059, 22A.151, or
22A.157, as applicable [22.085, or 22.092].
SECTION 2.04. Section 12.104(b), Education Code, is amended
to read as follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense;
(2) the provisions in Chapter 554, Government Code;
and
(3) 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) reading instruments and accelerated reading
instruction programs under Section 28.006;
(D) accelerated instruction under Section
28.0211;
(E) high school graduation requirements under
Section 28.025;
(F) special education programs under Subchapter
A, Chapter 29;
(G) bilingual education under Subchapter B,
Chapter 29;
(H) prekindergarten programs under Subchapter E
or E-1, Chapter 29, except class size limits for prekindergarten
classes imposed under Section 25.112, which do not apply;
(I) extracurricular activities under Section
33.081;
(J) discipline management practices or behavior
management techniques under Section 37.0021;
(K) health and safety under Chapter 38;
(L) the provisions of Subchapter A, Chapter 39;
(M) public school accountability and special
investigations under Subchapters A, B, C, D, F, G, and J, Chapter
39, and Chapter 39A;
(N) the requirement under Section 22A.051 or
22A.052 [21.006] to report [an educator's] misconduct;
(O) intensive programs of instruction under
Section 28.0213;
(P) the right of a school employee to report a
crime, as provided by Section 37.148;
(Q) bullying prevention policies and procedures
under Section 37.0832;
(R) the right of a school under Section 37.0052
to place a student who has engaged in certain bullying behavior in a
disciplinary alternative education program or to expel the student;
(S) the right under Section 37.0151 to report to
local law enforcement certain conduct constituting assault or
harassment;
(T) a parent's right to information regarding the
provision of assistance for learning difficulties to the parent's
child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
(U) establishment of residency under Section
25.001;
(V) school safety requirements under Sections
37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,
37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and
37.2071 and Subchapter J, Chapter 37;
(W) the early childhood literacy and mathematics
proficiency plans under Section 11.185;
(X) the college, career, and military readiness
plans under Section 11.186; and
(Y) parental options to retain a student under
Section 28.02124.
SECTION 2.05. Section 12.1059, Education Code, is amended
to read as follows:
Sec. 12.1059. REQUIREMENTS FOR 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 22A.151 [22.092].
SECTION 2.06. Section 12.1151, Education Code, is amended
to read as follows:
Sec. 12.1151. FAILURE TO DISCHARGE OR REFUSE TO HIRE OR
TERMINATE OR REFUSE SERVICES FROM CERTAIN EMPLOYEES, [OR]
APPLICANTS, OR SERVICE PROVIDERS. 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,
or terminate or refuse to accept services from, certain employees,
[or] applicants for employment, or service providers under Section
12.1059, 22A.151, or 22A.157, as applicable [22.085, or 22.092].
SECTION 2.07. Section 12.252(b), Education Code, is amended
to read as follows:
(b) An adult education program operated under a charter
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 as determined by the
commissioner to monitor compliance with this subchapter and, as
applicable, Subchapter D;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) high school graduation requirements under
Section 28.025, to the extent applicable to a program participant;
(D) special education programs under Subchapter
A, Chapter 29;
(E) bilingual education under Subchapter B,
Chapter 29;
(F) health and safety under Chapter 38;
(G) the requirement under Section 22A.051 or
22A.052 [21.006] to report [an educator's] misconduct; and
(H) the right of an employee to report a crime, as
provided by Section 37.148.
SECTION 2.08. Section 12A.008(b-1), Education Code, is
amended 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
22A.151 or 22A.157 [22.085 or 22.092].
SECTION 2.09. Section 21.054(e), Education Code, is amended
to read as follows:
(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) digital learning, digital teaching, and
integrating technology into campus curriculum and instruction;
(4) effective implementation of a comprehensive
school counseling program under Section 33.005;
(5) mental health programs addressing a mental health
condition;
(6) educating diverse student populations, including:
(A) students who are educationally
disadvantaged;
(B) emergent bilingual students; and
(C) students at risk of dropping out of school;
and
(7) 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 22A.051 [21.006] of this code.
SECTION 2.10. Section 21.0585, Education Code, is amended
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 22A.151 [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
22A.051(a)(2)(A), (B), (C), or (D) [21.006(b)(2)(A) or (A-1)].
SECTION 2.11. Section 22.0815(a), Education Code, is
amended to read as follows:
(a) In this section, "other charter entity" has the meaning
assigned by Section 22A.001 [21.006].
SECTION 2.12. Section 22.0825(a), Education Code, is
amended to read as follows:
(a) In this section, "other charter entity" has the meaning
assigned by Section 22A.001 [21.006].
SECTION 2.13. Section 22.0833(g), Education Code, is
amended to read as follows:
(g) A school district, open-enrollment charter school, or
shared services arrangement shall provide the agency with the name
of a person to whom this section applies. The agency shall obtain
all criminal history record information of the person through the
criminal history clearinghouse as provided by Section 411.0845,
Government Code. The agency shall examine the criminal history
record information of the person and notify the district, school,
or shared services arrangement if the person may not be hired or
must be discharged as provided by Section 22A.157 [22.085].
SECTION 2.14. Section 22.0834(o), Education Code, is
amended to read as follows:
(o) A school district, charter school, regional education
service center, commercial transportation company, education
shared services arrangement, or qualified school contractor,
contracting entity, or subcontracting entity may not permit an
employee to whom Subsection (a) applies to provide services at a
school if the employee has been convicted of a felony or misdemeanor
offense that would prevent a person from being employed under
Section 22A.157(a) [22.085(a)].
SECTION 2.15. Section 22.0836(g), Education Code, is
amended to read as follows:
(g) A school district, open-enrollment charter school, or
shared services arrangement shall provide the agency with the name
of a person to whom this section applies. The agency shall obtain
all criminal history record information of the person through the
criminal history clearinghouse as provided by Section 411.0845,
Government Code. The agency shall examine the criminal history
record information and certification records of the person and
notify the district, school, or shared services arrangement if the
person:
(1) may not be hired or must be discharged as provided
by Section 22A.157 [22.085]; or
(2) may not be employed as a substitute teacher
because the person's educator certification has been revoked or is
suspended.
SECTION 2.16. Section 33.913(b), Education Code, is amended
to read as follows:
(b) To participate in the program as a tutor, a person must:
(1) be an active or retired teacher;
(2) apply for the position in a manner specified by the
nonprofit organization;
(3) designate in the application whether the person
plans to provide tutoring:
(A) for compensation, on a volunteer basis, or
both; and
(B) in person, online, or both; and
(4) not be included in the registry of persons not
eligible for employment by a public school under Section 22A.151
[22.092].
SECTION 2.17. 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), a special investigation
under Section 39.003(a)(8) or (14), a compliance review under
Section 22A.051(m), 22A.052(l) [21.006(k), 22.093(l)], or 22A.156
[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 2.18. Section 810.003(a), Health and Safety Code,
is amended to read as follows:
(a) The department, in collaboration with each
participating state agency, shall establish an interagency
reportable conduct search engine for persons to search information
on reportable conduct in accordance with this chapter and rules
adopted under this chapter maintained by:
(1) the Department of Family and Protective Services
in the central registry established under Section 261.002, Family
Code;
(2) the Health and Human Services Commission in the
employee misconduct registry established under Chapter 253;
(3) the Texas Education Agency in the registry
established under Section 22A.151 [22.092], Education Code; and
(4) the Texas Juvenile Justice Department in the
integrated certification information system and in any informal
list the Texas Juvenile Justice Department maintains.
SECTION 2.19. Section 810.004(b), Health and Safety Code,
is amended to read as follows:
(b) In addition to the eligible individuals described by
Subsection (a), each participating state agency shall designate
additional users who are eligible to access the search engine and
may require those users to determine whether an individual has
engaged in reportable conduct. The additional designated users may
include controlling persons, hiring managers, or administrators
of:
(1) licensed or certified long-term care providers,
including:
(A) home and community support services agencies
licensed under Chapter 142;
(B) nursing facilities licensed under Chapter
242;
(C) assisted living facilities licensed under
Chapter 247;
(D) prescribed pediatric extended care centers
licensed under Chapter 248A;
(E) intermediate care facilities for individuals
with an intellectual disability licensed under Chapter 252;
(F) state supported living centers, as defined by
Section 531.002; and
(G) day activity and health services facilities
licensed under Chapter 103, Human Resources Code;
(2) providers under a Section 1915(c) waiver program,
as defined by Section 521.0001 [531.001], Government Code;
(3) juvenile probation departments and registered
juvenile justice facilities;
(4) independent school districts, districts of
innovation, open-enrollment charter schools, other charter
entities, as defined by Section 22A.001 [21.006], Education Code,
regional education service centers, education shared services
arrangements, or any other educational entity or provider that is
authorized to access the registry established under Section 22A.151
[22.092], Education Code;
(5) private schools that:
(A) offer a course of instruction for students in
this state in one or more grades from prekindergarten through grade
12; and
(B) are:
(i) accredited by an organization
recognized by the Texas Education Agency or the Texas Private
School Accreditation Commission;
(ii) listed in the database of the National
Center for Education Statistics of the United States Department of
Education; or
(iii) otherwise authorized by Texas
Education Agency rule to access the search engine; and
(6) nonprofit teacher organizations approved by the
commissioner of education for the purpose of participating in the
tutoring program established under Section 33.913, Education Code.
SECTION 2.20. The following provisions of the Education
Code are repealed:
(1) the heading to Section 21.006;
(2) Sections 21.006(c-2) and (g-1);
(3) the heading to Subchapter C-1, Chapter 22; and
(4) Section 22.091.
ARTICLE 3. TRANSITION; EFFECTIVE DATE
SECTION 3.01. (a) Except as provided by Subsection (b) of
this section, this Act applies beginning with the 2025-2026 school
year.
(b) Section 22A.302, Education Code, as added by this Act,
applies beginning with the 2026-2027 school year.
SECTION 3.02. To the extent of any conflict, this Act
prevails over another Act of the 89th Legislature, Regular Session,
2025, relating to nonsubstantive additions to and corrections in
enacted codes.
SECTION 3.03. Sections 22A.051 and 22A.052, Education Code,
as transferred, redesignated, and amended by this Act, apply only
to an offense committed on or after September 1, 2025. An offense
committed before September 1, 2025, 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 September 1, 2025, if any element of
the offense occurred before that date.
SECTION 3.04. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2025.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 571 passed the Senate on
May 8, 2025, by the following vote: Yeas 30, Nays 1; and that the
Senate concurred in House amendment on May 30, 2025, by the
following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 571 passed the House, with
amendment, on May 28, 2025, by the following vote: Yeas 126,
Nays 10, three present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor