Texas 2017 - 85th Regular

Texas House Bill HB3769 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R21677 GCB-F
2		-	By: King of Hemphill, et al. H.B. No. 3769
3		-	Substitute the following for H.B. No. 3769:
4		-	By: Bohac C.S.H.B. No. 3769
	1	+	85R3686 GCB-F
	2	+	By: King of Hemphill H.B. No. 3769
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9		-	relating to improper relationships between educators and students
10		-	and reporting of educator misconduct; creating a criminal offense
11		-	and expanding the applicability of an existing offense; authorizing
12		-	an administrative penalty.
	7	+	relating to improper relationships between educators and students;
	8	+	creating a criminal offense and expanding the applicability of an
	9	+	existing offense.
13	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	11		SECTION 1. Section 21.12(a), Penal Code, is amended to read
15	12		as follows:
16	13		(a) An employee of a public or private primary or secondary
17	14		school commits an offense if the employee:
18	15		(1) engages in sexual contact, sexual intercourse, or
19	16		deviate sexual intercourse with a person who is enrolled in a public
20	17		or private primary or secondary school at which the employee works;
21	18		(2) holds a position described by Section 21.003(a) or
22	19		(b), Education Code, regardless of whether the employee holds the
23	20		appropriate certificate, permit, license, or credential for the
24	21		position, [a certificate or permit issued as provided by Subchapter
25	22		B, Chapter 21, Education Code, or is a person who is required to be
26	23		licensed by a state agency as provided by Section 21.003(b),
27	24		Education Code,] and engages in sexual contact, sexual intercourse,
28	25		or deviate sexual intercourse with a person the employee knows is:
29	26		(A) enrolled in a public or private primary or
30	27		secondary school, other than a school described by Subdivision (1)
31	28		[in the same school district as the school at which the employee
32	29		works]; or
33	30		(B) a student participant in an educational
34	31		activity that is sponsored by a school district or a public or
35	32		private primary or secondary school, if[:
36	33		[(i)] students enrolled in a public or
37	34		private primary or secondary school are the primary participants in
38	35		the activity; [and
39	36		[(ii) the employee provides education
40	37		services to those participants;] or
41	38		(3) engages in conduct described by Section 33.021,
42	39		with a person described by Subdivision (1), or a person the employee
43	40		knows is a person described by Subdivision (2)(A) or (B),
44	41		regardless of the age of that person.
45	42		SECTION 2. Article 42.018(a), Code of Criminal Procedure,
46	43		is amended to read as follows:
47		-	(a) This article applies only to:
48		-	(1) [to] conviction or deferred adjudication
49		-	community supervision granted on the basis of an offense for which a
50		-	conviction or grant of deferred adjudication community supervision
51		-	requires the defendant to register as a sex offender under Chapter
52		-	62; or
53		-	(2) conviction of[:
	44	+	(a) This article applies only:
	45	+	(1) to conviction or deferred adjudication granted on
	46	+	the basis of[:
54	47		[(A)] an offense under Title 5, Penal Code,[; or
55		-	[(B) an offense on conviction of which a
56		-	defendant is required to register as a sex offender under Chapter
57		-	62; and
58		-	[(2)] if the victim of the offense was [is] under 18
59		-	years of age at the time the offense was committed.
	48	+	[(B) an offense on conviction of which a defendant
	49	+	is required to register as a sex offender under Chapter 62; and
	50	+	[(2)] if the victim of the offense is under 18 years of
	51	+	age; or
	52	+	(2) to an offense on conviction of which a defendant is
	53	+	required to register as a sex offender under Chapter 62.
60	54		SECTION 3. Section 21.006, Education Code, is amended by
61		-	amending Subsections (b), (b-1), ~~(c), (e),~~ and (f) and adding
62		-	~~Subsections~~ (b-2)~~, (c-1), (i),~~ and (j) to read as follows:
	55	+	amending Subsections (b), (b-1), and (c) and adding Subsections
	56	+	(b-2) and (i) to read as follows:
63	57		(b) In addition to the reporting requirement under Section
64	58		261.101, Family Code, the superintendent or director of a school
65		-	district~~, district of innovation~~, open-enrollment charter school,
66		-	~~regional education~~ service center, or shared services arrangement
67		-	~~shall notify the~~ State Board for Educator Certification if:
	59	+	district, open-enrollment charter school, regional education
	60	+	service center, or shared services arrangement shall notify the
	61	+	State Board for Educator Certification if:
68	62		(1) an educator employed by or seeking employment by
69		-	the school district, district of innovation, charter school,
70		-	service center, or shared services arrangement has a criminal
71		-	record and the school district, district of innovation, charter
72		-	school, service center, or shared services arrangement obtained
73		-	information about the educator's criminal record by a means other
74		-	than the criminal history clearinghouse established under Section
75		-	411.0845, Government Code;
76		-	(2) an educator's employment at the school district,
77		-	district of innovation, charter school, service center, or shared
78		-	services arrangement was terminated and there is [based on]
79		-	evidence that the educator:
	63	+	the district, school, service center, or shared services
	64	+	arrangement has a criminal record and the district, school, service
	65	+	center, or shared services arrangement obtained information about
	66	+	the educator's criminal record by a means other than the criminal
	67	+	history clearinghouse established under Section 411.0845,
	68	+	Government Code;
	69	+	(2) an educator's employment at the district, school,
	70	+	service center, or shared services arrangement was terminated and
	71	+	there is [based on] evidence that the educator:
80	72		(A) abused or otherwise committed an unlawful act
81	73		with a student or minor;
82	74		(A-1) was involved in a romantic relationship
83	75		with or solicited or engaged in sexual contact with a student or
84	76		minor;
85	77		(B) possessed, transferred, sold, or distributed
86	78		a controlled substance, as defined by Chapter 481, Health and
87	79		Safety Code, or by 21 U.S.C. Section 801 et seq.;
88	80		(C) illegally transferred, appropriated, or
89		-	expended funds or other property of the school district, district
90		-	of innovation, charter school, service center, or shared services
91		-	arrangement;
	81	+	expended funds or other property of the district, school, service
	82	+	center, or shared services arrangement;
92	83		(D) attempted by fraudulent or unauthorized
93	84		means to obtain or alter a professional certificate or license for
94	85		the purpose of promotion or additional compensation; or
95	86		(E) committed a criminal offense or any part of a
96	87		criminal offense on school property or at a school-sponsored event;
97	88		(3) the educator resigned and there is evidence that
98	89		the educator engaged in misconduct described by Subdivision (2); or
99	90		(4) the educator engaged in conduct that violated the
100	91		assessment instrument security procedures established under
101	92		Section 39.0301.
102		-	(b-1) A superintendent or director of a school district,
103		-	district of innovation, [or] open-enrollment charter school,
104		-	regional education service center, or shared services arrangement
105		-	shall complete an investigation of an educator that involves [is
106		-	based on] evidence that the educator may have engaged in misconduct
107		-	described by Subsection (b)(2)(A) or (A-1), despite the educator's
108		-	resignation from [district or school] employment before completion
109		-	of the investigation.
110		-	(b-2) The principal of a school district, district of
111		-	innovation, or open-enrollment charter school campus must notify
112		-	the superintendent or director of the school district, district of
113		-	innovation, or charter school not later than the seventh business
114		-	day after the date:
115		-	(1) of an educator's termination of employment or
116		-	resignation following an alleged incident of misconduct described
117		-	by Subsection (b); or
118		-	(2) the principal knew about an educator's criminal
119		-	record under Subsection (b)(1).
	93	+	(b-1) A superintendent or director of a school district or
	94	+	open-enrollment charter school shall complete an investigation of
	95	+	an educator that involves [is based on] evidence that the educator
	96	+	may have engaged in misconduct described by Subsection (b)(2)(A) or
	97	+	(A-1), despite the educator's resignation from district or school
	98	+	employment before completion of the investigation.
	99	+	(b-2) The principal of a school district or open-enrollment
	100	+	charter school campus must notify the superintendent or director of
	101	+	the district or school not later than the seventh day after the date
	102	+	the principal knew or should have known about an educator's
	103	+	criminal record under Subsection (b)(1) or a termination of
	104	+	employment or resignation following an alleged incident of
	105	+	misconduct described by Subsection (b).
120	106		(c) The superintendent or director must notify the State
121	107		Board for Educator Certification by filing a report with the board
122		-	not later than the seventh business day after the date the
123		-	superintendent or director receives a report from a principal under
124		-	Subsection (b-2) or otherwise learns [knew] about an educator's
125		-	[employee's criminal record under Subsection (b)(1) or a]
126		-	termination of employment or resignation following an alleged
127		-	incident of misconduct described by Subsection (b) or an employee's
128		-	criminal record under Subsection (b)(1).
129		-	(c-1) The report under Subsection (c) must be:
	108	+	not later than the seventh day after the date the superintendent or
	109	+	director knew or should have known about an educator's [employee's]
	110	+	criminal record under Subsection (b)(1) or a termination of
	111	+	employment or resignation following an alleged incident of
	112	+	misconduct described by Subsection (b). The report must be:
130	113		(1) in writing; and
131	114		(2) in a form prescribed by the board.
132		-	(e) A superintendent, [or] director, or principal of a
133		-	school district, district of innovation, open-enrollment charter
134		-	school, regional education service center, or shared services
135		-	arrangement who in good faith and while acting in an official
136		-	capacity files a report with the State Board for Educator
137		-	Certification under this section or communicates with another
138		-	superintendent, director, or principal concerning an educator's
139		-	criminal record or alleged incident of misconduct is immune from
140		-	civil or criminal liability that might otherwise be incurred or
141		-	imposed.
142		-	(f) The State Board for Educator Certification shall
143		-	determine whether to impose sanctions, including an administrative
144		-	penalty under Subsection (i), against a principal who fails to
145		-	provide notification to a superintendent or director in violation
146		-	of Subsection (b-2) or against a superintendent or director who
147		-	fails to file a report in violation of Subsection (c).
148		-	(i) If an educator serving as a superintendent or director
149		-	is required to file a report under Subsection (c) and fails to file
150		-	the report by the date required by that subsection, or if an
151		-	educator serving as a principal is required to notify a
152		-	superintendent or director about an educator's criminal record or
153		-	alleged incident of misconduct under Subsection (b-2) and fails to
154		-	provide the notice by the date required by that subsection, the
155		-	State Board for Educator Certification may impose on the educator
156		-	an administrative penalty of not less than $500 and not more than
157		-	$10,000. The State Board for Educator Certification may not renew
158		-	the certification of an educator against whom an administrative
159		-	penalty is imposed under this subsection until the penalty is paid.
160		-	(j) A superintendent or director required to file a report
	115	+	(i) A superintendent or director required to file a report
161	116		under Subsection (c) commits an offense if the superintendent or
162		-	director fails to file the report by the date required by that
163		-	subsection with intent to conceal an educator's criminal record or
164		-	alleged incident of misconduct. A principal required to notify a
165		-	superintendent or director about an educator's criminal record or
166		-	alleged incident of misconduct under Subsection (b-2) commits an
167		-	offense if the principal fails to provide the notice by the date
168		-	required by that subsection with intent to conceal an educator's
169		-	criminal record or alleged incident of misconduct. An offense
170		-	under this subsection is a state jail felony.
171		-	SECTION 4. Section 21.044(g), Education Code, is amended to
172		-	read as follows:
173		-	(g) Each educator preparation program must provide
174		-	information regarding:
175		-	(1) the skills that educators are required to possess,
176		-	the responsibilities that educators are required to accept, and the
177		-	high expectations for students in this state;
178		-	(2) the effect of supply and demand forces on the
179		-	educator workforce in this state;
180		-	(3) the performance over time of the educator
181		-	preparation program;
182		-	(4) the importance of building strong classroom
183		-	management skills; [and]
184		-	(5) the framework in this state for teacher and
185		-	principal evaluation, including the procedures followed in
186		-	accordance with Subchapter H; and
187		-	(6) appropriate relationships, boundaries, and
188		-	communications between educators and students.
189		-	SECTION 5. Sections 21.054(d) and (e), Education Code, are
	117	+	director knowingly fails to file the report by the date required by
	118	+	that subsection. A principal required to notify a superintendent
	119	+	or director about an educator's criminal record or alleged incident
	120	+	of misconduct under Subsection (b-2) commits an offense if the
	121	+	principal knowingly fails to provide the notice by the date
	122	+	required by that subsection. An offense under this subsection is a
	123	+	Class A misdemeanor, except that the offense is a state jail felony
	124	+	if it is shown on the trial of the offense that the superintendent,
	125	+	director, or principal intended to conceal an educator's criminal
	126	+	record or alleged incident of misconduct.
	127	+	SECTION 4. Sections 21.054(d) and (e), Education Code, are
190	128		amended to read as follows:
191	129		(d) Continuing education requirements for a classroom
192	130		teacher must provide that not more than 25 percent of the training
193	131		required every five years include instruction regarding:
194	132		(1) collecting and analyzing information that will
195	133		improve effectiveness in the classroom;
196	134		(2) recognizing early warning indicators that a
197	135		student may be at risk of dropping out of school;
198	136		(3) integrating technology into classroom
199	137		instruction; [and]
200	138		(4) educating diverse student populations, including:
201	139		(A) students with disabilities, including mental
202	140		health disorders;
203	141		(B) students who are educationally
204	142		disadvantaged;
205	143		(C) students of limited English proficiency; and
206	144		(D) students at risk of dropping out of school;
207	145		and
208	146		(5) understanding appropriate relationships,
209	147		boundaries, and communications between educators and students.
210	148		(e) Continuing education requirements for a principal must
211	149		provide that not more than 25 percent of the training required every
212	150		five years include instruction regarding:
213	151		(1) effective and efficient management, including:
214	152		(A) collecting and analyzing information;
215	153		(B) making decisions and managing time; and
216	154		(C) supervising student discipline and managing
217	155		behavior;
218	156		(2) recognizing early warning indicators that a
219	157		student may be at risk of dropping out of school;
220	158		(3) integrating technology into campus curriculum and
221	159		instruction; [and]
222	160		(4) educating diverse student populations, including:
223	161		(A) students with disabilities, including mental
224	162		health disorders;
225	163		(B) students who are educationally
226	164		disadvantaged;
227	165		(C) students of limited English proficiency; and
228	166		(D) students at risk of dropping out of school;
229	167		and
230	168		(5) preventing, recognizing, and reporting any sexual
231	169		conduct between an educator and student that is prohibited under
232	170		Section 21.12, Penal Code, or for which reporting is required under
233	171		Section 21.006 of this code.
234		-	SECTION 6. The heading to Section 21.058, Education Code,
235		-	is amended to read as follows:
236		-	Sec. 21.058. REVOCATION OF CERTIFICATE AND TERMINATION OF
237		-	EMPLOYMENT BASED ON CONVICTION OF OR PLACEMENT ON DEFERRED
238		-	ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN OFFENSES.
239		-	SECTION 7. Sections 21.058(a), (b), (c), (c-1), and (c-2),
240		-	Education Code, are amended to read as follows:
	172	+	SECTION 5. Section 21.058(a), Education Code, is amended to
	173	+	read as follows:
241	174		(a) The procedures described by Subsections (b) and (c)
242		-	apply only:
243		-	(1) to conviction of or placement on deferred
244		-	adjudication community supervision for an offense for which a
245		-	defendant is required to register as a sex offender under Chapter
246		-	62, Code of Criminal Procedure; or
247		-	(2) to conviction of a felony offense under Title 5,
248		-	Penal Code, [or an offense on conviction of which a defendant is
249		-	required to register as a sex offender under Chapter 62, Code of
250		-	Criminal Procedure; and
251		-	[(2)] if the victim of the offense was [is] under 18
252		-	years of age at the time the offense was committed.
253		-	(b) Notwithstanding Section 21.041(b)(7), not later than
254		-	the fifth day after the date the board receives notice under Article
255		-	42.018, Code of Criminal Procedure, of the conviction or placement
256		-	on deferred adjudication community supervision of a person who
257		-	holds a certificate under this subchapter, the board shall:
258		-	(1) revoke the certificate held by the person; and
259		-	(2) provide to the person, to the agency, and to any
260		-	school district or open-enrollment charter school employing the
261		-	person at the time of revocation written notice of:
262		-	(A) the revocation; and
263		-	(B) the basis for the revocation.
264		-	(c) A school district or open-enrollment charter school
265		-	that receives notice under Subsection (b) of the revocation of a
266		-	certificate issued under this subchapter shall:
267		-	(1) immediately remove the person whose certificate
268		-	has been revoked from campus or from an administrative office, as
269		-	applicable, to prevent the person from having any contact with a
270		-	student; and
271		-	(2) if the person is employed under a probationary,
272		-	continuing, or term contract under this chapter, with the approval
273		-	of the board of trustees or governing body or a designee of the
274		-	board or governing body:
275		-	(A) suspend the person without pay;
276		-	(B) provide the person with written notice that
277		-	the person's contract is void as provided by Subsection (c-2); and
278		-	(C) terminate the employment of the person as
279		-	soon as practicable.
280		-	(c-1) If a school district or open-enrollment charter
281		-	school becomes aware that a person employed by the district or
282		-	school under a probationary, continuing, or term contract under
283		-	this chapter has been convicted of or received deferred
284		-	adjudication for a felony offense, and the person is not subject to
285		-	Subsection (c), the district or school may, with the approval of the
286		-	board of trustees or governing body or a designee of the board of
287		-	trustees or governing body:
288		-	(1) suspend the person without pay;
289		-	(2) provide the person with written notice that the
290		-	person's contract is void as provided by Subsection (c-2); and
291		-	(3) terminate the employment of the person as soon as
292		-	practicable.
293		-	(c-2) A person's probationary, continuing, or term contract
294		-	is void if, with the approval of the board of trustees or governing
295		-	body or a designee of the board or governing body, the school
296		-	district or open-enrollment charter school takes action under
297		-	Subsection (c)(2)(B) or (c-1)(2).
298		-	SECTION 8. Subchapter B, Chapter 21, Education Code, is
	175	+	apply only to a person who is:
	176	+	(1) registered as a sex offender under Chapter 62,
	177	+	Code of Criminal Procedure; or
	178	+	(2) convicted [to conviction] of a felony offense
	179	+	under Title 5, Penal Code, committed against a [or an offense on
	180	+	conviction of which a defendant is required to register as a sex
	181	+	offender under Chapter 62, Code of Criminal Procedure; and
	182	+	[(2) if the] victim younger than [of the offense is
	183	+	under] 18 years of age.
	184	+	SECTION 6. Subchapter B, Chapter 21, Education Code, is
299	185		amended by adding Section 21.0581 to read as follows:
300	186		Sec. 21.0581. REVOCATION FOR ASSISTING PERSON WHO ENGAGED
301	187		IN SEXUAL MISCONDUCT OBTAIN EMPLOYMENT. (a) The board may suspend
302	188		or revoke a certificate held by a person under this subchapter,
303	189		impose other sanctions against the person, or refuse to issue a
304	190		certificate to the person under this subchapter if:
305	191		(1) the person assists another person in obtaining
306	192		employment at a school district or open-enrollment charter school,
307	193		other than by the routine transmission of administrative and
308	194		personnel files; and
309		-	(2) the person knew that the other ~~person has~~
310		-	previously engaged in sexual misconduct with a minor or ~~student in~~
311		-	violation of the law.
312		-	(b) The ~~commissioner~~ may require a school district to revoke
313		-	or decline to issue a school district teaching permit under Section
	195	+	(2) the person knew or should have known that the other
	196	+	person has previously engaged in sexual misconduct with a minor or
	197	+	student in violation of the law.
	198	+	(b) The board may require a school district to revoke or
	199	+	decline to issue a school district teaching permit under Section
314	200		21.055 issued to or requested by a person subject to board action
315	201		under Subsection (a).
316		-	SECTION 9. Section 21.062(a), Education Code, is amended to
	202	+	SECTION 7. Section 21.062(a), Education Code, is amended to
317	203		read as follows:
318	204		(a) During an investigation by the commissioner of an
319	205		educator for an alleged incident of misconduct, the commissioner
320	206		may issue a subpoena to compel:
321	207		(1) the attendance of a relevant witness; or
322	208		(2) the production, for inspection or copying, of
323	209		relevant evidence that is located in this state.
324		-	SECTION 10. Section 21.355, Education Code, is amended by
325		-	amending Subsection (a) and adding Subsections (d), (e)~~, and (f)~~ to
326		-	~~read~~ as follows:
	210	+	SECTION 8. Section 21.355, Education Code, is amended by
	211	+	amending Subsection (a) and adding Subsections (d) and (e) to read
	212	+	as follows:
327	213		(a) A document evaluating the performance of a teacher or
328	214		administrator is confidential and is not subject to disclosure
329	215		under Chapter 552, Government Code.
330	216		(d) A school district or open-enrollment charter school may
331	217		give the agency a document evaluating the performance of a teacher
332		-	or administrator employed by the district or school for purposes of
333		-	an investigation conducted by the agency.
	218	+	or administrator employed by the district or school.
334	219		(e) Notwithstanding Subsection (a) and except as otherwise
335	220		provided by a court order prohibiting disclosure, a document
336	221		provided to the agency under Subsection (d) may be used in a
337	222		disciplinary proceeding against a teacher or administrator based on
338	223		a report submitted under Section 21.006 concerning an alleged
339		-	incident of misconduct, if permissible under rules of evidence
340		-	applicable to a contested case, as provided by Section 2001.081,
341		-	Government Code.
342		-	(f) A document provided to the agency under Subsection (d)
343		-	remains confidential unless the document becomes part of the record
344		-	in a contested case under Chapter 2001, Government Code.
345		-	SECTION 11. Subchapter A, Chapter 38, Education Code, is
	224	+	incident of misconduct.
	225	+	SECTION 9. Subchapter A, Chapter 38, Education Code, is
346	226		amended by adding Section 38.027 to read as follows:
347	227		Sec. 38.027. ELECTRONIC COMMUNICATION POLICY. (a) In this
348	228		section, "electronic communication" means any communication
349	229		facilitated by the use of any electronic device, including a
350	230		telephone, cellular telephone, computer, computer network,
351	231		personal data assistant, or pager. The term includes e-mails, text
352	232		messages, instant messages, and any communications made through an
353	233		Internet website, including a social media website or a social
354	234		networking website.
355	235		(b) A school district shall adopt a written policy
356	236		concerning electronic communications between a school employee and
357	237		a student enrolled in the district.
358		-	(c) The policy adopted under this section must:
359		-	(1) include provisions designed to prevent improper
360		-	electronic communications between a school employee and a student;
361		-	(2) allow a school employee to elect to not disclose to
362		-	students the employee's personal telephone number or e-mail
363		-	address; and
364		-	(3) include provisions instructing a school employee
365		-	about the proper method for notifying appropriate local
366		-	administrators about an incident in which a student engages in
367		-	improper communications with the school employee.
368		-	SECTION 12. Section 39.057(a), Education Code, is amended
	238	+	(c) The policy adopted under this section must include
	239	+	provisions designed to prevent improper electronic communications
	240	+	between a school employee and a student.
	241	+	SECTION 10. Section 39.057(a), Education Code, is amended
369	242		to read as follows:
370	243		(a) The commissioner may authorize special accreditation
371	244		investigations to be conducted:
372	245		(1) when excessive numbers of absences of students
373	246		eligible to be tested on state assessment instruments are
374	247		determined;
375	248		(2) when excessive numbers of allowable exemptions
376	249		from the required state assessment instruments are determined;
377	250		(3) in response to complaints submitted to the agency
378	251		with respect to alleged violations of civil rights or other
379	252		requirements imposed on the state by federal law or court order;
380	253		(4) in response to established compliance reviews of
381	254		the district's financial accounting practices and state and federal
382	255		program requirements;
383	256		(5) when extraordinary numbers of student placements
384	257		in disciplinary alternative education programs, other than
385	258		placements under Sections 37.006 and 37.007, are determined;
386	259		(6) in response to an allegation involving a conflict
387	260		between members of the board of trustees or between the board and
388	261		the district administration if it appears that the conflict
389	262		involves a violation of a role or duty of the board members or the
390	263		administration clearly defined by this code;
391	264		(7) when excessive numbers of students in special
392	265		education programs under Subchapter A, Chapter 29, are assessed
393	266		through assessment instruments developed or adopted under Section
394	267		39.023(b);
395	268		(8) in response to an allegation regarding or an
396	269		analysis using a statistical method result indicating a possible
397	270		violation of an assessment instrument security procedure
398	271		established under Section 39.0301, including for the purpose of
399	272		investigating or auditing a school district under that section;
400	273		(9) when a significant pattern of decreased academic
401	274		performance has developed as a result of the promotion in the
402	275		preceding two school years of students who did not perform
403	276		satisfactorily as determined by the commissioner under Section
404	277		39.0241(a) on assessment instruments administered under Section
405	278		39.023(a), (c), or (l);
406	279		(10) when excessive numbers of students eligible to
407	280		enroll fail to complete an Algebra II course or any other advanced
408	281		course as determined by the commissioner;
409	282		(11) when resource allocation practices as evaluated
410	283		under Section 39.0821 indicate a potential for significant
411	284		improvement in resource allocation;
412	285		(12) when a disproportionate number of students of a
413	286		particular demographic group is graduating with a particular
414	287		endorsement under Section 28.025(c-1);
415	288		(13) when an excessive number of students is
416	289		graduating with a particular endorsement under Section
417	290		28.025(c-1);
418	291		(14) in response to a complaint submitted to the
419	292		agency with respect to alleged inaccurate data that is reported
420	293		through the Public Education Information Management System (PEIMS)
421	294		or through other reports required by state or federal law or rule or
422	295		court order and that is used by the agency to make a determination
423	296		relating to public school accountability, including accreditation,
424	297		under this chapter; [or]
425	298		(15) when a school district for any reason fails to
426	299		produce, at the request of the agency, evidence or an investigation
427	300		report relating to an educator who is under investigation by the
428	301		State Board for Educator Certification; or
429	302		(16) as the commissioner otherwise determines
430	303		necessary.
431		-	SECTION 13. The change in law made by this Act to Section
	304	+	SECTION 11. The change in law made by this Act to Section
432	305		21.12, Penal Code, applies only to an offense committed on or after
433	306		the effective date of this Act. An offense committed before the
434	307		effective date of this Act is governed by the law in effect on the
435	308		date the offense was committed, and the former law is continued in
436	309		effect for that purpose. For purposes of this section, an offense
437	310		was committed before the effective date of this Act if any element
438	311		of the offense was committed before that date.
439		-	SECTION 14. This Act takes effect September 1, 2017.
	312	+	SECTION 12. This Act takes effect September 1, 2017.