Texas 2015 - 84th Regular

Texas Senate Bill SB1058 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Hinojosa S.B. No. 1058
2		-	(In the Senate - Filed March 9, 2015; March 16, 2015, read
3		-	first time and referred to Committee on Education; May 7, 2015,
4		-	reported favorably by the following vote: Yeas 6, Nays 3;
5		-	May 7, 2015, sent to printer.)
6		-	Click here to see the committee vote
7	2
8	3
9	4		A BILL TO BE ENTITLED
10	5		AN ACT
11	6		relating to the reporting of criminal history record information of
12	7		educators and other public school employees who engage in certain
13	8		misconduct.
14	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	10		SECTION 1. Sections 21.006(b), (b-1), (c), and (d),
16	11		Education Code, are amended to read as follows:
17	12		(b) In addition to the reporting requirement under Section
18	13		261.101, Family Code, the superintendent or director of a school
19	14		district, open-enrollment charter school, regional education
20	15		service center, or shared services arrangement shall notify the
21	16		State Board for Educator Certification if [the superintendent or
22	17		director has reasonable cause to believe that]:
23	18		(1) an educator employed by or seeking employment by
24	19		the district, school, service center, or shared services
25	20		arrangement has a criminal record and the district, school, service
26	21		center, or shared services arrangement obtained information about
27	22		the educator's criminal record by a means other than the criminal
28	23		history clearinghouse established under Section 411.0845,
29	24		Government Code;
30	25		(2) an educator's employment at the district, school,
31	26		service center, or shared services arrangement was terminated based
32	27		on evidence [a determination] that the educator:
33	28		(A) abused or otherwise committed an unlawful act
34	29		with a student or minor;
35	30		(A-1) was involved in a romantic relationship
36	31		with or solicited or engaged in sexual contact with a student or
37	32		minor;
38	33		(B) possessed, transferred, sold, or distributed
39	34		a controlled substance, as defined by Chapter 481, Health and
40	35		Safety Code, or by 21 U.S.C. Section 801 et seq.[, and its
41	36		subsequent amendments];
42	37		(C) illegally transferred, appropriated, or
43	38		expended funds or other property of the district, school, service
44	39		center, or shared services arrangement;
45	40		(D) attempted by fraudulent or unauthorized
46	41		means to obtain or alter a professional certificate or license for
47	42		the purpose of promotion or additional compensation; or
48	43		(E) committed a criminal offense or any part of a
49	44		criminal offense on school property or at a school-sponsored event;
50	45		(3) the educator resigned and there is [reasonable]
51	46		evidence [supports a recommendation by the superintendent or
52	47		director to terminate the educator based on a determination] that
53	48		the educator engaged in misconduct described by Subdivision (2); or
54	49		(4) the educator engaged in conduct that violated the
55	50		assessment instrument security procedures established under
56	51		Section 39.0301.
57	52		(b-1) A superintendent or director of a school district or
58	53		open-enrollment charter school shall complete an investigation of
59	54		an educator that is based on evidence that [reasonable cause to
60	55		believe] the educator may have engaged in misconduct described by
61	56		Subsection (b)(2)(A) or (A-1), despite the educator's resignation
62	57		from district or school employment before completion of the
63	58		investigation.
64	59		(c) The superintendent or director must notify the State
65	60		Board for Educator Certification by filing a report with the board
66	61		not later than the seventh day after the date the superintendent or
67		-	director knew ~~or should have known~~ [first learns] about an
68		-	~~employee's criminal record~~ under Subsection (b)(1) or a termination
69		-	~~of employment or~~ resignation following an alleged incident of
70		-	~~misconduct described~~ by Subsection (b). The report must be:
	62	+	director knew [first learns] about an employee's criminal record
	63	+	under Subsection (b)(1) or a termination of employment or
	64	+	resignation following an alleged incident of misconduct described
	65	+	by Subsection (b). The report must be:
71	66		(1) in writing; and
72	67		(2) in a form prescribed by the board.
73	68		(d) The superintendent or director shall notify the board of
74	69		trustees or governing body of the school district, open-enrollment
75	70		charter school, regional education service center, or shared
76	71		services arrangement and the educator of the filing of the report
77	72		required by Subsection (c).
78	73		SECTION 2. Section 22.087, Education Code, is amended to
79	74		read as follows:
80	75		Sec. 22.087. NOTIFICATION TO STATE BOARD FOR EDUCATOR
81	76		CERTIFICATION. The superintendent of a school district or the
82	77		director of an open-enrollment charter school, private school,
83	78		regional education service center, or shared services arrangement
84	79		shall promptly notify the State Board for Educator Certification in
85	80		writing if:
86	81		(1) the person obtains or has knowledge of information
87	82		showing that an applicant for or holder of a certificate issued
88	83		under Subchapter B, Chapter 21, has a reported criminal history;
89	84		and
90	85		(2) the person obtained the information by a means
91	86		other than the criminal history clearinghouse established under
92	87		Section 411.0845, Government Code.
93	88		SECTION 3. This Act takes effect September 1, 2015.
94		-	* * * * *