Texas 2017 - 85th Regular

Texas House Bill HB218 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R1843 GCB-D
2	2	By: Dale H.B. No. 218
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to improper relationships between educators and students;
8	8	creating a criminal offense and expanding the applicability of an
9	9	existing offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 21.12, Penal Code, is amended by
12	12	amending Subsection (a) and adding Subsection (e) to read as
13	13	follows:
14	14	(a) An employee of a public or private primary or secondary
15	15	school commits an offense if the employee:
16	16	(1) engages in sexual contact, sexual intercourse, or
17	17	deviate sexual intercourse with a person who is enrolled in a public
18	18	or private primary or secondary school at which the employee works;
19	19	(2) holds a position described by Section 21.003(a) or
20	20	(b), Education Code, regardless of whether the employee holds the
21	21	appropriate certificate, permit, license, or credential for the
22	22	position, [a certificate or permit issued as provided by Subchapter
23	23	B, Chapter 21, Education Code, or is a person who is required to be
24	24	licensed by a state agency as provided by Section 21.003(b),
25	25	Education Code,] and engages in sexual contact, sexual intercourse,
26	26	or deviate sexual intercourse with a person the employee knows is[:
27	27	[(A)] enrolled in a public or private primary or
28	28	secondary school other than a school described by Subdivision (1)
29	29	[in the same school district as the school at which the employee
30	30	works; or
31	31	[(B) a student participant in an educational
32	32	activity that is sponsored by a school district or a public or
33	33	private primary or secondary school, if:
34	34	[(i) students enrolled in a public or
35	35	private primary or secondary school are the primary participants in
36	36	the activity; and
37	37	[(ii) the employee provides education
38	38	services to those participants]; or
39	39	(3) engages in conduct described by Section 33.021,
40	40	with a person described by Subdivision (1), or a person the employee
41	41	knows is a person described by Subdivision (2) [(2)(A) or (B)],
42	42	regardless of the age of that person.
43	43	(e) With the consent of the appropriate local county or
44	44	district attorney, the attorney general has concurrent
45	45	jurisdiction with that consenting local prosecutor to prosecute an
46	46	offense under this section.
47	47	SECTION 2. Article 42.018(a), Code of Criminal Procedure,
48	48	is amended to read as follows:
49	49	(a) This article applies only:
50	50	(1) to conviction or deferred adjudication granted on
51	51	the basis of[:
52	52	[(A)] an offense under Title 5, Penal Code,[; or
53	53	[(B) an offense on conviction of which a defendant
54	54	is required to register as a sex offender under Chapter 62; and
55	55	[(2)] if the victim of the offense is under 18 years of
56	56	age; or
57	57	(2) to an offense for which a conviction or grant of
58	58	deferred adjudication requires the defendant to register as a sex
59	59	offender under Chapter 62.
60	60	SECTION 3. Section 21.006, Education Code, is amended by
61	61	amending Subsections (b), (b-1), (c), (e), and (f) and adding
62	62	Subsections (c-1) and (i) to read as follows:
63	63	(b) In addition to the reporting requirement under Section
64	64	261.101, Family Code, the superintendent or director of a school
65	65	district, open-enrollment charter school, regional education
66	66	service center, or shared services arrangement or the principal of
67	67	a school district or open-enrollment charter school campus shall
68	68	notify the State Board for Educator Certification if:
69	69	(1) an educator employed by or seeking employment by
70	70	the district, school, service center, or shared services
71	71	arrangement has a criminal record and the district, school, service
72	72	center, or shared services arrangement obtained information about
73	73	the educator's criminal record by a means other than the criminal
74	74	history clearinghouse established under Section 411.0845,
75	75	Government Code;
76	76	(2) an educator's employment at the district, school,
77	77	service center, or shared services arrangement was terminated and
78	78	there is [based on] evidence that the educator:
79	79	(A) abused or otherwise committed an unlawful act
80	80	with a student or minor;
81	81	(A-1) was involved in a romantic relationship
82	82	with or solicited or engaged in sexual contact with a student or
83	83	minor;
84	84	(B) possessed, transferred, sold, or distributed
85	85	a controlled substance, as defined by Chapter 481, Health and
86	86	Safety Code, or by 21 U.S.C. Section 801 et seq.;
87	87	(C) illegally transferred, appropriated, or
88	88	expended funds or other property of the district, school, service
89	89	center, or shared services arrangement;
90	90	(D) attempted by fraudulent or unauthorized
91	91	means to obtain or alter a professional certificate or license for
92	92	the purpose of promotion or additional compensation; or
93	93	(E) committed a criminal offense or any part of a
94	94	criminal offense on school property or at a school-sponsored event;
95	95	(3) the educator resigned and there is evidence that
96	96	the educator engaged in misconduct described by Subdivision (2); or
97	97	(4) the educator engaged in conduct that violated the
98	98	assessment instrument security procedures established under
99	99	Section 39.0301.
100	100	(b-1) A superintendent or director of a school district or
101	101	open-enrollment charter school or a principal of a school district
102	102	or open-enrollment charter school campus shall complete an
103	103	investigation of an educator that involves [is based on] evidence
104	104	that the educator may have engaged in misconduct described by
105	105	Subsection (b)(2)(A) or (A-1), despite the educator's resignation
106	106	from district or school employment before completion of the
107	107	investigation.
108	108	(c) The superintendent or director, except as otherwise
109	109	provided by Subsection (c-1), or the principal must notify the
110	110	State Board for Educator Certification by filing a report with the
111	111	board not later than the seventh day after the date the
112	112	superintendent, [or] director, or principal knew or should have
113	113	known about an educator's [employee's] criminal record under
114	114	Subsection (b)(1) or a termination of employment or resignation
115	115	following an alleged incident of misconduct described by Subsection
116	116	(b). The report must be:
117	117	(1) in writing; and
118	118	(2) in a form prescribed by the board.
119	119	(c-1) A principal of a school district or open-enrollment
120	120	charter school campus who files a report under Subsection (c) must
121	121	notify the superintendent of the district or the director of the
122	122	school, as applicable, about the filing of the report. A
123	123	superintendent or director who is notified that a principal
124	124	employed by the district or school has filed a report under
125	125	Subsection (c) is not required to file a report concerning the
126	126	criminal record or alleged incident of misconduct addressed in the
127	127	principal's report.
128	128	(e) A superintendent, [or] director, or principal who in
129	129	good faith and while acting in an official capacity files a report
130	130	with the State Board for Educator Certification under this section
131	131	is immune from civil or criminal liability that might otherwise be
132	132	incurred or imposed.
133	133	(f) The State Board for Educator Certification shall
134	134	determine whether to impose sanctions against a superintendent,
135	135	[or] director, or principal who fails to file a report in violation
136	136	of Subsection (c).
137	137	(i) A superintendent, director, or principal required to
138	138	file a report under Subsection (c) commits an offense if the
139	139	superintendent, director, or principal knowingly fails to file the
140	140	report by the date required by that subsection. An offense under
141	141	this subsection is a Class A misdemeanor, except that the offense is
142	142	a state jail felony if it is shown on the trial of the offense that
143	143	the superintendent, director, or principal intended to conceal an
144	144	educator's criminal record or alleged incident of misconduct.
145	145	SECTION 4. Subchapter A, Chapter 21, Education Code, is
146	146	amended by adding Section 21.0061 to read as follows:
147	147	Sec. 21.0061. NOTICE TO PARENT OR GUARDIAN ABOUT EDUCATOR
148	148	MISCONDUCT. (a) The board of trustees or governing body of a
149	149	school district, open-enrollment charter school, regional
150	150	education service center, or shared services arrangement shall
151	151	adopt a policy under which notice is provided to the parent or
152	152	guardian of a student with whom an educator is alleged to have
153	153	engaged in misconduct described by Section 21.006(b)(2)(A) or (A-1)
154	154	informing the parent or guardian:
155	155	(1) that the alleged misconduct occurred;
156	156	(2) whether the educator was terminated following an
157	157	investigation of the alleged misconduct or resigned before
158	158	completion of the investigation; and
159	159	(3) whether a report was submitted to the State Board
160	160	for Educator Certification concerning the alleged misconduct.
161	161	(b) The policy required by this section must require that
162	162	information specified by Subsection (a)(1) be provided as soon as
163	163	feasible after the employing entity becomes aware that alleged
164	164	misconduct may have occurred.
165	165	SECTION 5. Subchapter A, Chapter 21, Education Code, is
166	166	amended by adding Section 21.009 to read as follows:
167	167	Sec. 21.009. PRE-EMPLOYMENT AFFIDAVIT. (a) An applicant for
168	168	a position described by Section 21.003(a) or (b) with a school
169	169	district, open-enrollment charter school, regional education
170	170	service center, or shared services arrangement must submit, using a
171	171	form adopted by the agency, a pre-employment affidavit disclosing
172	172	whether the applicant has ever been charged with, accused of,
173	173	adjudicated for, or convicted of having an inappropriate
174	174	relationship with a minor.
175	175	(b) An applicant who answers affirmatively concerning an
176	176	inappropriate relationship with a minor must disclose in the
177	177	affidavit all relevant facts pertaining to the charge, accusation,
178	178	adjudication, or conviction, including, for a charge or accusation,
179	179	whether the charge or accusation was determined to be true or false.
180	180	(c) An applicant is not precluded from being employed based
181	181	on a disclosed charge or accusation if the employing entity
182	182	determines based on the information disclosed in the affidavit that
183	183	the charge or accusation was false.
184	184	(d) A determination that an employee failed to disclose
185	185	information required to be disclosed by an applicant under this
186	186	section is grounds for termination of employment.
187	187	(e) The State Board for Educator Certification may revoke
188	188	the certificate of an administrator if the board determines it is
189	189	reasonable to believe that the administrator employed an applicant
190	190	for a position described by Section 21.003(a) or (b) despite being
191	191	aware that the applicant had been adjudicated for or convicted of
192	192	having an inappropriate relationship with a minor.
193	193	SECTION 6. Sections 21.054(d) and (e), Education Code, are
194	194	amended to read as follows:
195	195	(d) Continuing education requirements for a classroom
196	196	teacher must provide that not more than 25 percent of the training
197	197	required every five years include instruction regarding:
198	198	(1) collecting and analyzing information that will
199	199	improve effectiveness in the classroom;
200	200	(2) recognizing early warning indicators that a
201	201	student may be at risk of dropping out of school;
202	202	(3) integrating technology into classroom
203	203	instruction; [and]
204	204	(4) educating diverse student populations, including:
205	205	(A) students with disabilities, including mental
206	206	health disorders;
207	207	(B) students who are educationally
208	208	disadvantaged;
209	209	(C) students of limited English proficiency; and
210	210	(D) students at risk of dropping out of school;
211	211	and
212	212	(5) understanding appropriate relationships,
213	213	boundaries, and communications between educators and students.
214	214	(e) Continuing education requirements for a principal must
215	215	provide that not more than 25 percent of the training required every
216	216	five years include instruction regarding:
217	217	(1) effective and efficient management, including:
218	218	(A) collecting and analyzing information;
219	219	(B) making decisions and managing time; and
220	220	(C) supervising student discipline and managing
221	221	behavior;
222	222	(2) recognizing early warning indicators that a
223	223	student may be at risk of dropping out of school;
224	224	(3) integrating technology into campus curriculum and
225	225	instruction; [and]
226	226	(4) educating diverse student populations, including:
227	227	(A) students with disabilities, including mental
228	228	health disorders;
229	229	(B) students who are educationally
230	230	disadvantaged;
231	231	(C) students of limited English proficiency; and
232	232	(D) students at risk of dropping out of school;
233	233	and
234	234	(5) preventing, recognizing, and reporting any sexual
235	235	conduct between an educator and student that is prohibited under
236	236	Section 21.12, Penal Code, or for which reporting is required under
237	237	Section 21.006.
238	238	SECTION 7. The heading to Section 21.058, Education Code,
239	239	is amended to read as follows:
240	240	Sec. 21.058. REVOCATION OF CERTIFICATE AND TERMINATION OF
241	241	EMPLOYMENT BASED ON CONVICTION OF OR DEFERRED ADJUDICATION FOR
242	242	CERTAIN OFFENSES.
243	243	SECTION 8. Sections 21.058(a) and (b), Education Code, are
244	244	amended to read as follows:
245	245	(a) The procedures described by Subsections (b) and (c)
246	246	apply only[:
247	247	[(1)] to conviction or deferred adjudication granted
248	248	on the basis of:
249	249	(1) a felony offense under Title 5, Penal Code, [or an
250	250	offense on conviction of which a defendant is required to register
251	251	as a sex offender under Chapter 62, Code of Criminal Procedure; and
252	252	[(2)] if the victim of the offense is under 18 years of
253	253	age; or
254	254	(2) an offense for which a defendant is required to
255	255	register as a sex offender under Chapter 62, Code of Criminal
256	256	Procedure.
257	257	(b) Notwithstanding Section 21.041(b)(7), not later than
258	258	the fifth day after the date the board receives notice under Article
259	259	42.018, Code of Criminal Procedure, of the conviction of or grant of
260	260	deferred adjudication to a person who holds a certificate under
261	261	this subchapter, the board shall:
262	262	(1) revoke the certificate held by the person; and
263	263	(2) provide to the person and to any school district or
264	264	open-enrollment charter school employing the person at the time of
265	265	revocation written notice of:
266	266	(A) the revocation; and
267	267	(B) the basis for the revocation.
268	268	SECTION 9. Subchapter B, Chapter 21, Education Code, is
269	269	amended by adding Section 21.0581 to read as follows:
270	270	Sec. 21.0581. REVOCATION FOR ASSISTING PERSON WHO ENGAGED
271	271	IN SEXUAL MISCONDUCT OBTAIN EMPLOYMENT. (a) The board may suspend
272	272	or revoke a certificate held by a person under this subchapter,
273	273	impose other sanctions against the person, or refuse to issue a
274	274	certificate to the person under this subchapter if:
275	275	(1) the person assists another person in obtaining
276	276	employment at a school district or open-enrollment charter school,
277	277	other than by the routine transmission of administrative and
278	278	personnel files; and
279	279	(2) the person knew or should have known that the other
280	280	person has previously engaged in sexual misconduct with a minor or
281	281	student in violation of the law.
282	282	(b) The board may require a school district to revoke or
283	283	decline to issue a school district teaching permit under Section
284	284	21.055 issued to or requested by a person subject to board action
285	285	under Subsection (a).
286	286	SECTION 10. Section 21.062(a), Education Code, is amended
287	287	to read as follows:
288	288	(a) During an investigation by the commissioner of an
289	289	educator for an alleged incident of misconduct, the commissioner
290	290	may issue a subpoena to compel:
291	291	(1) the attendance of a relevant witness; or
292	292	(2) the production, for inspection or copying, of
293	293	relevant evidence that is located in this state.
294	294	SECTION 11. Section 21.355, Education Code, is amended by
295	295	amending Subsection (a) and adding Subsections (d) and (e) to read
296	296	as follows:
297	297	(a) A document evaluating the performance of a teacher or
298	298	administrator is confidential and is not subject to disclosure
299	299	under Chapter 552, Government Code.
300	300	(d) A school district or open-enrollment charter school may
301	301	give the agency a document evaluating the performance of a teacher
302	302	or administrator employed by the district or school.
303	303	(e) Notwithstanding Subsection (a) and except as otherwise
304	304	provided by a court order prohibiting disclosure, a document
305	305	provided to the agency under Subsection (d) may be used in a
306	306	disciplinary proceeding against a teacher or administrator based on
307	307	a report submitted under Section 21.006 concerning an alleged
308	308	incident of misconduct.
309	309	SECTION 12. Subchapter A, Chapter 38, Education Code, is
310	310	amended by adding Section 38.027 to read as follows:
311	311	Sec. 38.027. ELECTRONIC COMMUNICATION POLICY. (a) In this
312	312	section, "electronic communication" means any communication
313	313	facilitated by the use of any electronic device, including a
314	314	telephone, cellular telephone, computer, computer network,
315	315	personal data assistant, or pager. The term includes e-mails, text
316	316	messages, instant messages, and any communications made through an
317	317	Internet website, including a social media website or a social
318	318	networking website.
319	319	(b) A school district shall adopt a written policy
320	320	concerning electronic communications between a school employee and
321	321	a student enrolled in the district.
322	322	(c) The policy adopted under this section must include
323	323	provisions designed to prevent improper electronic communications
324	324	between a school employee and a student.
325	325	SECTION 13. Section 39.057(a), Education Code, is amended
326	326	to read as follows:
327	327	(a) The commissioner may authorize special accreditation
328	328	investigations to be conducted:
329	329	(1) when excessive numbers of absences of students
330	330	eligible to be tested on state assessment instruments are
331	331	determined;
332	332	(2) when excessive numbers of allowable exemptions
333	333	from the required state assessment instruments are determined;
334	334	(3) in response to complaints submitted to the agency
335	335	with respect to alleged violations of civil rights or other
336	336	requirements imposed on the state by federal law or court order;
337	337	(4) in response to established compliance reviews of
338	338	the district's financial accounting practices and state and federal
339	339	program requirements;
340	340	(5) when extraordinary numbers of student placements
341	341	in disciplinary alternative education programs, other than
342	342	placements under Sections 37.006 and 37.007, are determined;
343	343	(6) in response to an allegation involving a conflict
344	344	between members of the board of trustees or between the board and
345	345	the district administration if it appears that the conflict
346	346	involves a violation of a role or duty of the board members or the
347	347	administration clearly defined by this code;
348	348	(7) when excessive numbers of students in special
349	349	education programs under Subchapter A, Chapter 29, are assessed
350	350	through assessment instruments developed or adopted under Section
351	351	39.023(b);
352	352	(8) in response to an allegation regarding or an
353	353	analysis using a statistical method result indicating a possible
354	354	violation of an assessment instrument security procedure
355	355	established under Section 39.0301, including for the purpose of
356	356	investigating or auditing a school district under that section;
357	357	(9) when a significant pattern of decreased academic
358	358	performance has developed as a result of the promotion in the
359	359	preceding two school years of students who did not perform
360	360	satisfactorily as determined by the commissioner under Section
361	361	39.0241(a) on assessment instruments administered under Section
362	362	39.023(a), (c), or (l);
363	363	(10) when excessive numbers of students eligible to
364	364	enroll fail to complete an Algebra II course or any other advanced
365	365	course as determined by the commissioner;
366	366	(11) when resource allocation practices as evaluated
367	367	under Section 39.0821 indicate a potential for significant
368	368	improvement in resource allocation;
369	369	(12) when a disproportionate number of students of a
370	370	particular demographic group is graduating with a particular
371	371	endorsement under Section 28.025(c-1);
372	372	(13) when an excessive number of students is
373	373	graduating with a particular endorsement under Section
374	374	28.025(c-1);
375	375	(14) in response to a complaint submitted to the
376	376	agency with respect to alleged inaccurate data that is reported
377	377	through the Public Education Information Management System (PEIMS)
378	378	or through other reports required by state or federal law or rule or
379	379	court order and that is used by the agency to make a determination
380	380	relating to public school accountability, including accreditation,
381	381	under this chapter; [or]
382	382	(15) when a school district for any reason fails to
383	383	produce, at the request of the agency, evidence or an investigation
384	384	report relating to an educator who is under investigation by the
385	385	State Board for Educator Certification; or
386	386	(16) as the commissioner otherwise determines
387	387	necessary.
388	388	SECTION 14. The change in law made by this Act to Section
389	389	21.12, Penal Code, applies only to an offense committed on or after
390	390	the effective date of this Act. An offense committed before the
391	391	effective date of this Act is governed by the law in effect on the
392	392	date the offense was committed, and the former law is continued in
393	393	effect for that purpose. For purposes of this section, an offense
394	394	was committed before the effective date of this Act if any element
395	395	of the offense was committed before that date.
396	396	SECTION 15. This Act takes effect September 1, 2017.