By: Hinojosa S.B. No. 1058
(In the Senate - Filed March 9, 2015; March 16, 2015, read
first time and referred to Committee on Education; May 7, 2015,
reported favorably by the following vote: Yeas 6, Nays 3;
May 7, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the reporting of criminal history record information of
educators and other public school employees who engage in certain
misconduct.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 21.006(b), (b-1), (c), and (d),
Education Code, are amended to read as follows:
(b) In addition to the reporting requirement under Section
261.101, Family Code, the superintendent or director of a school
district, open-enrollment charter school, regional education
service center, or shared services arrangement shall notify the
State Board for Educator Certification if [the superintendent or
director has reasonable cause to believe that]:
(1) an educator employed by or seeking employment by
the district, school, service center, or shared services
arrangement has a criminal record and the district, school, service
center, or shared services arrangement obtained information about
the educator's criminal record by a means other than the criminal
history clearinghouse established under Section 411.0845,
Government Code;
(2) an educator's employment at the district, school,
service center, or shared services arrangement was terminated based
on evidence [a determination] that the educator:
(A) abused or otherwise committed an unlawful act
with a student or minor;
(A-1) was involved in a romantic relationship
with or solicited or engaged in sexual contact with a student or
minor;
(B) possessed, transferred, sold, or distributed
a controlled substance, as defined by Chapter 481, Health and
Safety Code, or by 21 U.S.C. Section 801 et seq.[, and its
subsequent amendments];
(C) illegally transferred, appropriated, or
expended funds or other property of the district, school, service
center, or shared services arrangement;
(D) attempted by fraudulent or unauthorized
means to obtain or alter a professional certificate or license for
the purpose of promotion or additional compensation; or
(E) committed a criminal offense or any part of a
criminal offense on school property or at a school-sponsored event;
(3) the educator resigned and there is [reasonable]
evidence [supports a recommendation by the superintendent or
director to terminate the educator based on a determination] that
the educator engaged in misconduct described by Subdivision (2); or
(4) the educator engaged in conduct that violated the
assessment instrument security procedures established under
Section 39.0301.
(b-1) A superintendent or director of a school district or
open-enrollment charter school shall complete an investigation of
an educator that is based on evidence that [reasonable cause to
believe] the educator may have engaged in misconduct described by
Subsection (b)(2)(A) or (A-1), despite the educator's resignation
from district or school employment before completion of the
investigation.
(c) The superintendent or director must notify the State
Board for Educator Certification by filing a report with the board
not later than the seventh day after the date the superintendent or
director knew or should have known [first learns] about an
employee's criminal record under Subsection (b)(1) or a termination
of employment or resignation following an alleged incident of
misconduct described by Subsection (b). The report must be:
(1) in writing; and
(2) in a form prescribed by the board.
(d) The superintendent or director shall notify the board of
trustees or governing body of the school district, open-enrollment
charter school, regional education service center, or shared
services arrangement and the educator of the filing of the report
required by Subsection (c).
SECTION 2. Section 22.087, Education Code, is amended to
read as follows:
Sec. 22.087. NOTIFICATION TO STATE BOARD FOR EDUCATOR
CERTIFICATION. The superintendent of a school district or the
director of an open-enrollment charter school, private school,
regional education service center, or shared services arrangement
shall promptly notify the State Board for Educator Certification in
writing if:
(1) the person obtains or has knowledge of information
showing that an applicant for or holder of a certificate issued
under Subchapter B, Chapter 21, has a reported criminal history;
and
(2) the person obtained the information by a means
other than the criminal history clearinghouse established under
Section 411.0845, Government Code.
SECTION 3. This Act takes effect September 1, 2015.
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