Texas 2017 - 85th Regular

Texas House Bill HB1799 Compare Versions

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1	1	85R1325 GCB-F
2	2	By: Dale, Geren H.B. No. 1799
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to employing, terminating, and reporting misconduct of
8	8	public school personnel and related entity personnel, including
9	9	creating a registry of persons ineligible for hire; creating a
10	10	criminal offense.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 42.018(a), Code of Criminal Procedure,
13	13	is amended to read as follows:
14	14	(a) This article applies only[:
15	15	[(1)] to conviction or deferred adjudication granted
16	16	on the basis of:
17	17	(1) [(A)] an offense under Title 5, Penal Code,[; or
18	18	[(B) an offense on conviction of which a defendant
19	19	is required to register as a sex offender under Chapter 62; and
20	20	[(2)] if the victim of the offense was [is] under 18
21	21	years of age at the time the offense was committed; or
22	22	(2) an offense for which a conviction or grant of
23	23	deferred adjudication requires the defendant to register as a sex
24	24	offender under Chapter 62.
25	25	SECTION 2. Section 7.028(a), Education Code, is amended to
26	26	read as follows:
27	27	(a) Except as provided by Section 21.006(j), 22.092(l),
28	28	22.094, 29.001(5), 29.010(a), or 39.057, the agency may monitor
29	29	compliance with requirements applicable to a process or program
30	30	provided by a school district, campus, program, or school granted
31	31	charters under Chapter 12, including the process described by
32	32	Subchapter F, Chapter 11, or a program described by Subchapter B, C,
33	33	D, E, F, H, or I, Chapter 29, Subchapter A, Chapter 37, or Section
34	34	38.003, and the use of funds provided for such a program under
35	35	Subchapter C, Chapter 42, only as necessary to ensure:
36	36	(1) compliance with federal law and regulations;
37	37	(2) financial accountability, including compliance
38	38	with grant requirements; and
39	39	(3) data integrity for purposes of:
40	40	(A) the Public Education Information Management
41	41	System (PEIMS); and
42	42	(B) accountability under Chapter 39.
43	43	SECTION 3. Section 12.056(b), Education Code, is amended to
44	44	read as follows:
45	45	(b) A campus or program for which a charter is granted under
46	46	this subchapter is subject to:
47	47	(1) a provision of this title establishing a criminal
48	48	offense; and
49	49	(2) a prohibition, restriction, or requirement, as
50	50	applicable, imposed by this title or a rule adopted under this
51	51	title, relating to:
52	52	(A) the Public Education Information Management
53	53	System (PEIMS) to the extent necessary to monitor compliance with
54	54	this subchapter as determined by the commissioner;
55	55	(B) criminal history records under Subchapter C,
56	56	Chapter 22;
57	57	(C) high school graduation under Section 28.025;
58	58	(D) special education programs under Subchapter
59	59	A, Chapter 29;
60	60	(E) bilingual education under Subchapter B,
61	61	Chapter 29;
62	62	(F) prekindergarten programs under Subchapter E,
63	63	Chapter 29;
64	64	(G) extracurricular activities under Section
65	65	33.081;
66	66	(H) health and safety under Chapter 38; [and]
67	67	(I) public school accountability under
68	68	Subchapters B, C, D, E, F, and J, Chapter 39;
69	69	(J) reporting misconduct under Sections 21.006
70	70	and 22.092; and
71	71	(K) the duty to discharge or refuse to hire
72	72	certain employees or applicants for employment under Section
73	73	12.1059, 22.085, or 22.091.
74	74	SECTION 4. Section 12.1059, Education Code, is amended to
75	75	read as follows:
76	76	Sec. 12.1059. AGENCY APPROVAL REQUIRED FOR CERTAIN
77	77	EMPLOYEES. A person may not be employed by or serve as a teacher,
78	78	librarian, educational aide, administrator, or school counselor
79	79	for an open-enrollment charter school unless:
80	80	(1) the person has been approved by the agency
81	81	following a review of the person's national criminal history record
82	82	information as provided by Section 22.0832; and
83	83	(2) the school has confirmed that the person is not
84	84	included in the registry under Section 22.091.
85	85	SECTION 5. Section 12.115(a), Education Code, is amended to
86	86	read as follows:
87	87	(a) Except as provided by Subsection (c), the commissioner
88	88	shall revoke the charter of an open-enrollment charter school or
89	89	reconstitute the governing body of the charter holder if the
90	90	commissioner determines that the charter holder:
91	91	(1) committed a material violation of the charter,
92	92	including by a failure to:
93	93	(A) satisfy accountability provisions prescribed
94	94	by the charter; or
95	95	(B) comply with the duty to discharge or refuse
96	96	to hire certain employees or applicants for employment, as provided
97	97	by Section 12.1151;
98	98	(2) failed to satisfy generally accepted accounting
99	99	standards of fiscal management;
100	100	(3) failed to protect the health, safety, or welfare
101	101	of the students enrolled at the school;
102	102	(4) failed to comply with this subchapter or another
103	103	applicable law or rule;
104	104	(5) failed to satisfy the performance framework
105	105	standards adopted under Section 12.1181; or
106	106	(6) is imminently insolvent as determined by the
107	107	commissioner in accordance with commissioner rule.
108	108	SECTION 6. Subchapter D, Chapter 12, Education Code, is
109	109	amended by adding Section 12.1151 to read as follows:
110	110	Sec. 12.1151. FAILURE TO DISCHARGE OR REFUSE TO HIRE
111	111	CERTAIN EMPLOYEES OR APPLICANTS. An open-enrollment charter school
112	112	commits a material violation of the school's charter if the school
113	113	fails to comply with the duty to discharge or refuse to hire certain
114	114	employees or applicants for employment under Section 12.1059,
115	115	22.085, or 22.091.
116	116	SECTION 7. Section 12A.008, Education Code, is amended by
117	117	adding Subsection (b-1) to read as follows:
118	118	(b-1) The commissioner may terminate a district's
119	119	designation as a district of innovation if the district fails to
120	120	comply with the duty to discharge or refuse to hire certain
121	121	employees or applicants for employment under Section 12.1059,
122	122	applicable to the district under Section 12A.004(a)(1), or Section
123	123	22.085 or 22.091.
124	124	SECTION 8. Section 21.006, Education Code, is amended by
125	125	amending Subsections (b), (b-1), (c), (e), and (f) and adding
126	126	Subsections (c-1), (i), and (j) to read as follows:
127	127	(b) In addition to the reporting requirement under Section
128	128	261.101, Family Code, the superintendent or director of a school
129	129	district, district of innovation, open-enrollment charter school,
130	130	regional education service center, or shared services arrangement
131	131	or the principal of a school district, district of innovation, or
132	132	open-enrollment charter school campus shall notify the State Board
133	133	for Educator Certification if:
134	134	(1) an educator employed by or seeking employment by
135	135	the school district, district of innovation, charter school,
136	136	service center, or shared services arrangement has a criminal
137	137	record and the school district, district of innovation, charter
138	138	school, service center, or shared services arrangement obtained
139	139	information about the educator's criminal record by a means other
140	140	than the criminal history clearinghouse established under Section
141	141	411.0845, Government Code;
142	142	(2) an educator's employment at the school district,
143	143	district of innovation, charter school, service center, or shared
144	144	services arrangement was terminated and there is [based on]
145	145	evidence that the educator:
146	146	(A) abused or otherwise committed an unlawful act
147	147	with a student or minor;
148	148	(A-1) was involved in a romantic relationship
149	149	with or solicited or engaged in sexual contact with a student or
150	150	minor;
151	151	(B) possessed, transferred, sold, or distributed
152	152	a controlled substance, as defined by Chapter 481, Health and
153	153	Safety Code, or by 21 U.S.C. Section 801 et seq.;
154	154	(C) illegally transferred, appropriated, or
155	155	expended funds or other property of the school district, district
156	156	of innovation, charter school, service center, or shared services
157	157	arrangement;
158	158	(D) attempted by fraudulent or unauthorized
159	159	means to obtain or alter a professional certificate or license for
160	160	the purpose of promotion or additional compensation; or
161	161	(E) committed a criminal offense or any part of a
162	162	criminal offense on school property or at a school-sponsored event;
163	163	(3) the educator resigned and there is evidence that
164	164	the educator engaged in misconduct described by Subdivision (2); or
165	165	(4) the educator engaged in conduct that violated the
166	166	assessment instrument security procedures established under
167	167	Section 39.0301.
168	168	(b-1) A superintendent or director of a school district,
169	169	district of innovation, [or] open-enrollment charter school,
170	170	regional education service center, or shared services arrangement
171	171	or a principal of a school district, district of innovation, or
172	172	open-enrollment charter school campus shall complete an
173	173	investigation of an educator that involves [is based on] evidence
174	174	that the educator may have engaged in misconduct described by
175	175	Subsection (b)(2)(A) or (A-1), despite the educator's resignation
176	176	from [district or school] employment before completion of the
177	177	investigation.
178	178	(c) The superintendent or director, except as otherwise
179	179	provided by Subsection (c-1), or the principal must notify the
180	180	State Board for Educator Certification by filing a report with the
181	181	board not later than the seventh day after the date the
182	182	superintendent, [or] director, or principal knew or should have
183	183	known about an educator's [employee's] criminal record under
184	184	Subsection (b)(1) or a termination of employment or resignation
185	185	following an alleged incident of misconduct described by Subsection
186	186	(b). The report must be:
187	187	(1) in writing; and
188	188	(2) in a form prescribed by the board.
189	189	(c-1) A principal of a school district, district of
190	190	innovation, or open-enrollment charter school campus who files a
191	191	report under Subsection (c) must notify the superintendent or
192	192	director of the school district, district of innovation, or charter
193	193	school, as applicable, about the filing of the report. A
194	194	superintendent or director who is notified that a principal
195	195	employed by the school district, district of innovation, or charter
196	196	school has filed a report under Subsection (c) is not required to
197	197	file a report concerning the criminal record or alleged incident of
198	198	misconduct addressed in the principal's report.
199	199	(e) A superintendent, [or] director, or principal who in
200	200	good faith and while acting in an official capacity files a report
201	201	with the State Board for Educator Certification under this section
202	202	is immune from civil or criminal liability that might otherwise be
203	203	incurred or imposed.
204	204	(f) The State Board for Educator Certification shall
205	205	determine whether to impose sanctions against a superintendent,
206	206	[or] director, or principal who fails to file a report in violation
207	207	of Subsection (c).
208	208	(i) A superintendent, director, or principal required to
209	209	file a report under Subsection (c) commits an offense if the
210	210	superintendent, director, or principal knowingly fails to file the
211	211	report by the date required by that subsection. An offense under
212	212	this subsection is a Class A misdemeanor, except that the offense is
213	213	a state jail felony if it is shown on the trial of the offense that
214	214	the superintendent, director, or principal intended to conceal an
215	215	educator's criminal record or alleged incident of misconduct.
216	216	(j) The commissioner may review the records of a school
217	217	district, district of innovation, open-enrollment charter school,
218	218	regional education service center, or shared services arrangement
219	219	to ensure compliance with the requirement to report misconduct
220	220	under this section.
221	221	SECTION 9. The heading to Section 21.058, Education Code,
222	222	is amended to read as follows:
223	223	Sec. 21.058. REVOCATION OF CERTIFICATE AND TERMINATION OF
224	224	EMPLOYMENT BASED ON CONVICTION OF OR PLACEMENT ON DEFERRED
225	225	ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN OFFENSES.
226	226	SECTION 10. Sections 21.058(a) and (b), Education Code, are
227	227	amended to read as follows:
228	228	(a) The procedures described by Subsections (b) and (c)
229	229	apply only[:
230	230	[(1)] to conviction of or placement on deferred
231	231	adjudication community supervision for:
232	232	(1) a felony offense under Title 5, Penal Code, [or an
233	233	offense on conviction of which a defendant is required to register
234	234	as a sex offender under Chapter 62, Code of Criminal Procedure; and
235	235	[(2)] if the victim of the offense was [is] under 18
236	236	years of age at the time the offense was committed; or
237	237	(2) an offense for which a defendant is required to
238	238	register as a sex offender under Chapter 62, Code of Criminal
239	239	Procedure.
240	240	(b) Notwithstanding Section 21.041(b)(7), not later than
241	241	the fifth day after the date the board receives notice under Article
242	242	42.018, Code of Criminal Procedure, of the conviction or placement
243	243	on deferred adjudication community supervision of a person who
244	244	holds a certificate under this subchapter, the board shall:
245	245	(1) revoke the certificate held by the person; and
246	246	(2) provide to the person, to the agency, and to any
247	247	school district or open-enrollment charter school employing the
248	248	person at the time of revocation written notice of:
249	249	(A) the revocation; and
250	250	(B) the basis for the revocation.
251	251	SECTION 11. Subchapter B, Chapter 21, Education Code, is
252	252	amended by adding Section 21.0585 to read as follows:
253	253	Sec. 21.0585. NOTICE TO AGENCY REGARDING REVOCATION OF
254	254	CERTIFICATE OR PERMIT FOR CERTAIN MISCONDUCT. The board shall
255	255	promptly notify the agency for purposes of Section 22.091 if the
256	256	board revokes a certificate or permit of a person on a finding that
257	257	the person engaged in misconduct described by Section
258	258	21.006(b)(2)(A) or (A-1).
259	259	SECTION 12. Section 22.0832, Education Code, is amended to
260	260	read as follows:
261	261	Sec. 22.0832. NATIONAL CRIMINAL HISTORY RECORD INFORMATION
262	262	REVIEW OF CERTAIN OPEN-ENROLLMENT CHARTER SCHOOL OR DISTRICT OF
263	263	INNOVATION EMPLOYEES. (a) The agency shall review the national
264	264	criminal history record information of an employee of an
265	265	open-enrollment charter school or district of innovation to whom
266	266	Section 12.1059 applies in the same manner as the State Board for
267	267	Educator Certification reviews certified educators under Section
268	268	22.0831. If the agency determines that, based on information
269	269	contained in an employee's criminal history record information, the
270	270	employee would not be eligible for educator certification under
271	271	Subchapter B, Chapter 21, the agency shall notify the
272	272	open-enrollment charter school or district of innovation in writing
273	273	that the person may not be employed by the school or serve in a
274	274	capacity described by Section 12.1059.
275	275	(b) An open-enrollment charter school or district of
276	276	innovation must provide the agency with any information requested
277	277	by the agency to enable the agency to complete a review under
278	278	Subsection (a). Failure of an open-enrollment charter school to
279	279	provide information under this subsection is a material violation
280	280	of the school's charter. Failure of a district of innovation to
281	281	provide information under this subsection may result in termination
282	282	of the district's designation as a district of innovation.
283	283	SECTION 13. Sections 22.0833(a), (c), (e), (f), (g), and
284	284	(h), Education Code, are amended to read as follows:
285	285	(a) This section applies to a person who is not an applicant
286	286	for or holder of a certificate under Subchapter B, Chapter 21, and
287	287	who on or after January 1, 2008, is offered employment by:
288	288	(1) a school district, district of innovation, or
289	289	open-enrollment charter school; or
290	290	(2) a shared services arrangement, if the employee's
291	291	or applicant's duties are or will be performed on school property or
292	292	at another location where students are regularly present.
293	293	(c) Before or immediately after employing or securing the
294	294	services of a person to whom this section applies, a school
295	295	district, district of innovation, open-enrollment charter school,
296	296	or shared services arrangement shall send or ensure that the person
297	297	sends to the department information that is required by the
298	298	department for obtaining national criminal history record
299	299	information, which may include fingerprints and photographs.
300	300	(e) Each school district, district of innovation,
301	301	open-enrollment charter school, and shared services arrangement
302	302	shall obtain all criminal history record information that relates
303	303	to a person to whom this section applies through the criminal
304	304	history clearinghouse as provided by Section 411.0845, Government
305	305	Code, and shall subscribe to the criminal history record
306	306	information of the person.
307	307	(f) The school district, district of innovation,
308	308	open-enrollment charter school, or shared services arrangement may
309	309	require a person to pay any fees related to obtaining criminal
310	310	history record information under this section.
311	311	(g) A school district, district of innovation,
312	312	open-enrollment charter school, or shared services arrangement
313	313	shall provide the agency with the name of a person to whom this
314	314	section applies. The agency shall obtain all criminal history
315	315	record information of the person through the criminal history
316	316	clearinghouse as provided by Section 411.0845, Government
317	317	Code. The agency shall examine the criminal history record
318	318	information of the person and notify the district, district of
319	319	innovation, charter school, or shared services arrangement if the
320	320	person may not be hired or must be discharged as provided by Section
321	321	22.085.
322	322	(h) The agency, the State Board for Educator Certification,
323	323	school districts, districts of innovation, open-enrollment charter
324	324	schools, and shared services arrangements may coordinate as
325	325	necessary to ensure that criminal history reviews authorized or
326	326	required under this subchapter are not unnecessarily duplicated.
327	327	SECTION 14. Sections 22.0836(a), (c), (e), (f), (g), and
328	328	(h), Education Code, are amended to read as follows:
329	329	(a) This section applies to a person who is a substitute
330	330	teacher for a school district, district of innovation,
331	331	open-enrollment charter school, or shared services arrangement.
332	332	(c) A school district, district of innovation,
333	333	open-enrollment charter school, or shared services arrangement
334	334	shall send or ensure that a person to whom this section applies
335	335	sends to the department information that is required by the
336	336	department for obtaining national criminal history record
337	337	information, which may include fingerprints and photographs.
338	338	(e) Each school district, district of innovation,
339	339	open-enrollment charter school, and shared services arrangement
340	340	shall obtain all criminal history record information that relates
341	341	to a person to whom this section applies through the criminal
342	342	history clearinghouse as provided by Section 411.0845, Government
343	343	Code.
344	344	(f) The school district, district of innovation,
345	345	open-enrollment charter school, or shared services arrangement may
346	346	require a person to pay any fees related to obtaining criminal
347	347	history record information under this section.
348	348	(g) A school district, district of innovation,
349	349	open-enrollment charter school, or shared services arrangement
350	350	shall provide the agency with the name of a person to whom this
351	351	section applies. The agency shall obtain all criminal history
352	352	record information of the person through the criminal history
353	353	clearinghouse as provided by Section 411.0845, Government
354	354	Code. The agency shall examine the criminal history record
355	355	information and certification records of the person and notify the
356	356	district, district of innovation, charter school, or shared
357	357	services arrangement if the person:
358	358	(1) may not be hired or must be discharged as provided
359	359	by Section 22.085; or
360	360	(2) may not be employed as a substitute teacher
361	361	because the person's educator certification has been revoked or is
362	362	suspended.
363	363	(h) The commissioner may adopt rules to implement this
364	364	section, including rules establishing deadlines for a school
365	365	district, district of innovation, open-enrollment charter school,
366	366	or shared services arrangement to require a person to whom this
367	367	section applies to submit fingerprints and photographs in
368	368	compliance with this section and the circumstances under which a
369	369	person may not continue to be employed as a substitute teacher.
370	370	SECTION 15. Section 22.085, Education Code, is amended to
371	371	read as follows:
372	372	Sec. 22.085. EMPLOYEES AND APPLICANTS CONVICTED OF OR
373	373	PLACED ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN
374	374	OFFENSES. (a) A school district, district of innovation,
375	375	open-enrollment charter school, or shared services arrangement
376	376	shall discharge or refuse to hire an employee or applicant for
377	377	employment if the school district, district of innovation, charter
378	378	school, or shared services arrangement obtains information through
379	379	a criminal history record information review that[:
380	380	[(1)] the employee or applicant has been convicted of
381	381	or placed on deferred adjudication community supervision for:
382	382	(1) [(A)] a felony offense under Title 5, Penal Code,
383	383	if the victim of the offense was under 18 years of age at the time
384	384	the offense was committed;
385	385	(2) [(B)] an offense on conviction of which or on
386	386	placement on deferred adjudication community supervision for which
387	387	a defendant is required to register as a sex offender under Chapter
388	388	62, Code of Criminal Procedure; or
389	389	(3) [(C)] an offense under the laws of another state
390	390	or federal law that is equivalent to an offense under Subdivision
391	391	(1) [Paragraph (A)] or (2) [(B); and
392	392	[(2) at the time the offense occurred, the victim of
393	393	the offense described by Subdivision (1) was under 18 years of age
394	394	or was enrolled in a public school].
395	395	(b) Subsection (a) does not apply if the employee or
396	396	applicant for employment committed an offense under Title 5, Penal
397	397	Code and:
398	398	(1) the date of the commission of the offense is more
399	399	than 30 years before:
400	400	(A) the effective date of S.B. No. 9, Acts of the
401	401	80th Legislature, Regular Session, 2007, in the case of a person
402	402	employed by a school district, open-enrollment charter school, or
403	403	shared services arrangement as of that date; or
404	404	(B) the date the person's employment will begin,
405	405	in the case of a person applying for employment with a school
406	406	district, district of innovation, open-enrollment charter school,
407	407	or shared services arrangement after the effective date of S.B.
408	408	No. 9, Acts of the 80th Legislature, Regular Session, 2007; and
409	409	(2) the employee or applicant for employment satisfied
410	410	all terms of the court order entered on conviction or successfully
411	411	completed the period of deferred adjudication community
412	412	supervision.
413	413	(c) A school district, district of innovation,
414	414	open-enrollment charter school, or shared services arrangement may
415	415	not allow a person who is an employee of or applicant for employment
416	416	by an entity that contracts with the school district, district of
417	417	innovation, charter school, or shared services arrangement to serve
418	418	at the school district, district of innovation, or charter school
419	419	or for the shared services arrangement if the school district,
420	420	district of innovation, charter school, or shared services
421	421	arrangement obtains information described by Subsection (a)
422	422	through a criminal history record information review concerning the
423	423	employee or applicant. A school district, district of innovation,
424	424	open-enrollment charter school, or shared services arrangement
425	425	must ensure that an entity that the school district, district of
426	426	innovation, charter school, or shared services arrangement
427	427	contracts with for services has obtained all criminal history
428	428	record information as required by Section 22.0834.
429	429	(d) A school district, district of innovation,
430	430	open-enrollment charter school, private school, regional education
431	431	service center, or shared services arrangement may discharge an
432	432	employee if the school district, district of innovation, charter
433	433	school, or private school obtains information of the employee's
434	434	conviction of a felony or of a misdemeanor involving moral
435	435	turpitude that the employee did not disclose to the State Board for
436	436	Educator Certification or the school district, district of
437	437	innovation, charter school, private school, service center, or
438	438	shared services arrangement. An employee discharged under this
439	439	section is considered to have been discharged for misconduct for
440	440	purposes of Section 207.044, Labor Code.
441	441	(e) The State Board for Educator Certification may impose a
442	442	sanction on an educator who does not discharge an employee or refuse
443	443	to hire an applicant for employment if the educator knows or should
444	444	have known, through a criminal history record information review,
445	445	that the employee or applicant has been convicted of or placed on
446	446	deferred adjudication community supervision for an offense
447	447	described by Subsection (a).
448	448	(f) Each school year, the superintendent [of a school
449	449	district] or chief operating officer of a school district, district
450	450	of innovation, or [an] open-enrollment charter school shall certify
451	451	to the commissioner that the district or school has complied with
452	452	this section.
453	453	(g) A school district, district of innovation,
454	454	open-enrollment charter school, or shared services arrangement
455	455	shall promptly notify the agency for purposes of Section 22.091
456	456	that the school district, district of innovation, charter school,
457	457	or shared services arrangement discharged or refused to hire an
458	458	employee or applicant for employment as provided by this section. A
459	459	school district, district of innovation, open-enrollment charter
460	460	school, or shared services arrangement is not required to comply
461	461	with this subsection if the school district, district of
462	462	innovation, charter school, or shared services arrangement was
463	463	notified by the agency that the person must be discharged or may not
464	464	be hired as provided by this section pursuant to a review of the
465	465	person's criminal history record information by the agency.
466	466	SECTION 16. Chapter 22, Education Code, is amended by
467	467	adding Subchapter C-1 to read as follows:
468	468	SUBCHAPTER C-1. PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC
469	469	SCHOOLS
470	470	Sec. 22.091. REGISTRY OF PERSONS NOT ELIGIBLE FOR
471	471	EMPLOYMENT IN PUBLIC SCHOOLS. (a) The agency shall maintain and
472	472	make available to appropriate hiring entities a registry of persons
473	473	who are not eligible to be employed by a school district, district
474	474	of innovation, open-enrollment charter school, regional education
475	475	service center, or shared services arrangement.
476	476	(b) A school district, district of innovation,
477	477	open-enrollment charter school, regional education service center,
478	478	or shared services arrangement shall discharge or refuse to hire a
479	479	person listed on the registry maintained under this section.
480	480	(c) The registry maintained under this section must list the
481	481	following persons as not eligible to be employed by public schools:
482	482	(1) a person determined by the agency under Section
483	483	22.0832 as a person who would not be eligible for educator
484	484	certification under Subchapter B, Chapter 21;
485	485	(2) a person who is not eligible for employment based
486	486	on the person's criminal history record information review, as
487	487	provided by Section 22.085;
488	488	(3) a person who is not eligible for employment based
489	489	on criminal history record information received by the agency under
490	490	Section 21.058(b);
491	491	(4) a person whose certification or permit issued
492	492	under Subchapter B, Chapter 21, is revoked by the State Board for
493	493	Educator Certification on a finding that the person engaged in
494	494	misconduct described by Section 21.006(b)(2)(A) or (A-1); and
495	495	(5) a person who is determined by the commissioner
496	496	under Section 22.093 to have engaged in misconduct described by
497	497	Section 22.092(c)(1)(A) or (B).
498	498	(d) The agency shall adopt rules as necessary to implement
499	499	this section.
500	500	Sec. 22.092. REQUIREMENT TO REPORT EMPLOYEE MISCONDUCT.
501	501	(a) In this section, "abuse" has the meaning assigned by Section
502	502	261.001, Family Code, and includes any sexual conduct involving a
503	503	student or minor.
504	504	(b) This section applies to a person who is employed by a
505	505	school district, district of innovation, open-enrollment charter
506	506	school, regional education service center, or shared services
507	507	arrangement and who does not hold a certification or permit issued
508	508	under Subchapter B, Chapter 21.
509	509	(c) In addition to the reporting requirement under Section
510	510	261.101, Family Code, the superintendent or director of a school
511	511	district, district of innovation, open-enrollment charter school,
512	512	regional education service center, or shared services arrangement
513	513	or the principal of a school district, district of innovation, or
514	514	open-enrollment charter school campus shall notify the
515	515	commissioner if:
516	516	(1) an employee's employment at the school district,
517	517	district of innovation, charter school, service center, or shared
518	518	services arrangement was terminated and there is evidence that the
519	519	employee:
520	520	(A) abused or otherwise committed an unlawful act
521	521	with a student or minor; or
522	522	(B) was involved in a romantic relationship with
523	523	or solicited or engaged in sexual contact with a student or minor;
524	524	or
525	525	(2) the employee resigned and there is evidence that
526	526	the employee engaged in misconduct described by Subdivision (1).
527	527	(d) A superintendent or director of a school district,
528	528	district of innovation, open-enrollment charter school, regional
529	529	education service center, or shared services arrangement or a
530	530	principal of a school district, district of innovation, or
531	531	open-enrollment charter school campus shall complete an
532	532	investigation of an employee that involves evidence that the
533	533	employee may have engaged in misconduct described by Subsection
534	534	(c)(1)(A) or (B), despite the employee's resignation from
535	535	employment before completion of the investigation.
536	536	(e) The superintendent or director, except as otherwise
537	537	provided by Subsection (f), or the principal must notify the
538	538	commissioner by filing a report with the commissioner not later
539	539	than the seventh day after the date the superintendent, director,
540	540	or principal knew or should have known about an employee's
541	541	termination of employment or resignation following an alleged
542	542	incident of misconduct described by Subsection (c)(1). The report
543	543	must be:
544	544	(1) in writing; and
545	545	(2) in a form prescribed by the commissioner.
546	546	(f) A principal of a school district, district of
547	547	innovation, or open-enrollment charter school campus who files a
548	548	report under Subsection (e) must notify the superintendent or
549	549	director of the school district, district of innovation, or charter
550	550	school, as applicable, about the filing of the report. A
551	551	superintendent or director who is notified that a principal
552	552	employed by the school district, district of innovation, or charter
553	553	school has filed a report under Subsection (e) is not required to
554	554	file a report concerning the alleged incident of misconduct
555	555	addressed in the principal's report.
556	556	(g) The superintendent or director shall notify the board of
557	557	trustees or governing body of the school district, district of
558	558	innovation, open-enrollment charter school, regional education
559	559	service center, or shared services arrangement and the employee of
560	560	the filing of the report required by Subsection (e).
561	561	(h) A superintendent, director, or principal who in good
562	562	faith and while acting in an official capacity files a report with
563	563	the commissioner under this section is immune from civil or
564	564	criminal liability that might otherwise be incurred or imposed.
565	565	(i) The commissioner shall refer an educator who fails to
566	566	file a report in violation of Subsection (e) to the State Board for
567	567	Educator Certification, and the board shall determine whether to
568	568	impose sanctions against the educator.
569	569	(j) The name of a student or minor who is the victim of abuse
570	570	or unlawful conduct by an employee must be included in a report
571	571	filed under this section, but the name of the student or minor is
572	572	not public information under Chapter 552, Government Code.
573	573	(k) A superintendent, director, or principal required to
574	574	file a report under Subsection (e) commits an offense if the
575	575	superintendent, director, or principal knowingly fails to file the
576	576	report by the date required by that subsection. An offense under
577	577	this subsection is a Class A misdemeanor, except that the offense is
578	578	a state jail felony if it is shown on the trial of the offense that
579	579	the superintendent, director, or principal intended to conceal an
580	580	employee's alleged incident of misconduct.
581	581	(l) The commissioner may review the records of a school
582	582	district, district of innovation, open-enrollment charter school,
583	583	regional education service center, or shared services arrangement
584	584	to ensure compliance with the requirement to report misconduct
585	585	under this section.
586	586	(m) The commissioner shall adopt rules as necessary to
587	587	implement this section.
588	588	Sec. 22.093. NOTICE OF ALLEGED MISCONDUCT; INVESTIGATION;
589	589	HEARING. (a) A person who is the subject of a report that alleges
590	590	misconduct described by Section 22.092(c)(1)(A) or (B) is entitled
591	591	to a hearing under the procedures provided by Chapter 2001,
592	592	Government Code, to contest the allegation in the report.
593	593	(b) On receiving a report filed under Section 22.092(e), the
594	594	commissioner shall promptly send to the person who is the subject of
595	595	the report a notice that includes:
596	596	(1) a statement informing the person that the person
597	597	must request a hearing within the period provided by Subsection
598	598	(c);
599	599	(2) a request that the person submit a response within
600	600	the period provided by Subsection (c) to show cause why the
601	601	commissioner should not pursue an investigation; and
602	602	(3) a statement informing the person that if the
603	603	person does not timely submit a response to show cause as provided
604	604	by Subdivision (2), the agency shall provide information indicating
605	605	the person is under investigation in the manner provided by
606	606	Subsection (d).
607	607	(c) A person entitled to a hearing under Subsection (a) must
608	608	request a hearing and submit a response to show cause not later than
609	609	the 10th day after the date the person receives the notice from the
610	610	commissioner under Subsection (b).
611	611	(d) If a person who receives notice under Subsection (b)
612	612	does not timely submit a response to show cause why the commissioner
613	613	should not pursue an investigation, the commissioner shall instruct
614	614	the agency to provide information indicating the person is under
615	615	investigation for alleged misconduct to a school district, district
616	616	of innovation, open-enrollment charter school, or shared services
617	617	arrangement that makes an inquiry to the agency with respect to a
618	618	national criminal history record information review of the person
619	619	under Section 22.0832 or 22.0833.
620	620	(e) If a person entitled to a hearing under Subsection (a)
621	621	does not request a hearing as provided by Subsection (c), the
622	622	commissioner shall:
623	623	(1) based on the report filed under Section 22.092(e),
624	624	make a determination whether the person engaged in misconduct; and
625	625	(2) if the commissioner determines that the person
626	626	engaged in misconduct described by Section 22.092(c)(1)(A) or (B),
627	627	instruct the agency to add the person's name to the registry
628	628	maintained under Section 22.091.
629	629	(f) If a person entitled to a hearing under Subsection (a)
630	630	requests a hearing as provided by Subsection (c) and the final
631	631	decision in that hearing determines that the person engaged in
632	632	misconduct described by Section 22.092(c)(1)(A) or (B), the
633	633	commissioner shall instruct the agency to add the person's name to
634	634	the registry maintained under Section 22.091.
635	635	(g) If a person entitled to a hearing under Subsection (a)
636	636	requests a hearing as provided by Subsection (c) and the final
637	637	decision in that hearing determines that the person did not engage
638	638	in misconduct described by Section 22.092(c)(1)(A) or (B), the
639	639	commissioner shall instruct the agency to immediately discontinue
640	640	providing the information under Subsection (d) indicating that the
641	641	person is under investigation for alleged misconduct.
642	642	(h) The commissioner shall adopt rules as necessary to
643	643	implement this section.
644	644	Sec. 22.094. COMPLIANCE MONITORING. The agency shall
645	645	periodically conduct site visits and review the records of school
646	646	districts, districts of innovation, open-enrollment charter
647	647	schools, and shared services arrangements to ensure compliance with
648	648	Section 22.091(b).
649	649	SECTION 17. Section 39.0302(a), Education Code, is amended
650	650	to read as follows:
651	651	(a) During an agency investigation or audit of a school
652	652	district under Section 39.0301(e) or (f), an accreditation
653	653	investigation under Section 39.057(a)(8) or (14), a compliance
654	654	review under Section 21.006(j), 22.092(l), or 22.094, or an
655	655	investigation by the State Board for Educator Certification of an
656	656	educator for an alleged violation of an assessment instrument
657	657	security procedure established under Section 39.0301(a), the
658	658	commissioner may issue a subpoena to compel the attendance of a
659	659	relevant witness or the production, for inspection or copying, of
660	660	relevant evidence that is located in this state.
661	661	SECTION 18. The Texas Education Agency shall establish the
662	662	registry of persons who are not eligible to be employed by a school
663	663	district, district of innovation, open-enrollment charter school,
664	664	regional education service center, or shared services arrangement,
665	665	as required by Section 22.091, Education Code, as added by this Act,
666	666	as soon as practicable and not later than January 1, 2018.
667	667	SECTION 19. This Act takes effect September 1, 2017.