Texas 2017 - 85th Regular

Texas Senate Bill SB1886 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Bettencourt S.B. No. 1886
	2	+	(In the Senate - Filed March 10, 2017; March 23, 2017, read
	3	+	first time and referred to Committee on Education; May 1, 2017,
	4	+	reported adversely, with favorable Committee Substitute by the
	5	+	following vote: Yeas 11, Nays 0; May 1, 2017, sent to printer.)
	6	+	Click here to see the committee vote
	7	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1886 By: Bettencourt
2	8
3	9
4	10		A BILL TO BE ENTITLED
5	11		AN ACT
6	12		relating to the oversight of public education, including the
7	13		creation of the office of inspector general at the Texas Education
8	14		Agency.
9	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	16		SECTION 1. Chapter 7, Education Code, is amended by adding
11	17		Subchapter E to read as follows:
12	18		SUBCHAPTER E. OFFICE OF INSPECTOR GENERAL
13	19		Sec. 7.151. DEFINITIONS. In this subchapter:
14	20		(1) "Fraud" means an intentional deception or
15	21		misrepresentation made by a person with the knowledge that the
16	22		deception could result in some unauthorized benefit to that person
17	23		or some other person. The term includes any act that constitutes
18	24		fraud under applicable federal or state law.
19	25		(2) "Office" means the office of inspector general
20	26		established under this subchapter.
21	27		Sec. 7.152. OFFICE OF INSPECTOR GENERAL. (a) The office
22	28		of inspector general is established as a division within the
23	29		agency.
24	30		(b) The commissioner shall appoint an inspector general to
25	31		serve as director of the office. The inspector general serves until
26	32		removed by the commissioner.
27	33		Sec. 7.153. GENERAL RESPONSIBILITIES. (a) The office is
28	34		responsible for the investigation, prevention, and detection of
29	35		criminal misconduct and wrongdoing and of fraud, waste, and abuse
30	36		in the administration of public education by:
31	37		(1) school districts, including school districts
32	38		described by Section 11.301(a);
33	39		(2) open-enrollment charter schools;
34	40		(3) regional education service centers;
35	41		(4) county systems described by Section 11.301(a); and
36	42		(5) other local education agencies in this state.
37	43		(b) The office shall investigate allegations of fraud,
38	44		waste, and abuse and violations of this code or other law.
39	45		(c) The office may:
40	46		(1) conduct criminal, civil, and administrative
41	47		investigations and initiate reviews of:
42	48		(A) a school district, including a school
43	49		district described by Section 11.301(a);
44	50		(B) an open-enrollment charter school;
45	51		(C) a regional education service center;
46	52		(D) a county system described by Section
47	53		11.301(a); or
48	54		(E) any other local education agency as
49	55		considered appropriate by the inspector general;
50	56		(2) receive and investigate complaints from any source
51	57		on its own initiative; and
52	58		(3) conduct special accreditation investigations
53	59		authorized by the commissioner under Section 39.057(a).
54	60		(d) The office shall perform all other duties and exercise
55	61		all other powers granted to the office by this subchapter or another
56	62		law.
57	63		Sec. 7.154. GENERAL POWERS. The office has all the powers
58	64		necessary or appropriate to carry out its responsibilities and
59	65		functions under this subchapter and other law.
60	66		Sec. 7.155. SUBPOENAS. (a) The inspector general may
61	67		issue a subpoena to compel the attendance of a relevant witness at a
62	68		hearing or deposition under this subchapter or to compel the
63	69		production, for inspection or copying, of books, papers, records,
64	70		documents, or other relevant materials, including electronic data,
65	71		in connection with an investigation, review, hearing, or deposition
66	72		conducted under this subchapter.
67	73		(b) A subpoena may be served personally or by certified
68	74		mail. If a person fails to comply with a subpoena, the inspector
69	75		general, acting through the attorney general, may file suit to
70	76		enforce the subpoena in a district court in this state.
71	77		(c) On finding that good cause exists for issuing the
72	78		subpoena, the court shall order the person to comply with the
73	79		subpoena. The court may hold in contempt a person who fails to obey
74	80		the court order.
75	81		Sec. 7.156. COOPERATION WITH LAW ENFORCEMENT OFFICIALS AND
76	82		OTHER ENTITIES. (a) The office may provide information and
77	83		evidence relating to criminal acts to the State Auditor's Office
78	84		and appropriate law enforcement officials.
79	85		(b) The office may refer matters for further civil,
80	86		criminal, and administrative action to appropriate administrative
81	87		and prosecutorial agencies, including the attorney general.
82	88		SECTION 2. Subchapter G, Chapter 11, Education Code, is
83	89		amended by adding Section 11.305 to read as follows:
84	90		Sec. 11.305. OVERSIGHT OF CERTAIN ENTITIES. (a) Each
85	91		school district or county system described by Section 11.301(a)
86	92		shall provide a report to the agency not later than February 27 of
87	93		each year. The annual report must include, at a minimum:
88	94		(1) a summary of the district's or system's operations
89	95		for the preceding fiscal year; and
90	96		(2) the district's or system's financial statements,
91	97		audited by a certified public accountant, for the preceding fiscal
92	98		year.
93	99		(b) The commissioner may direct the agency to investigate a
94	100		school district or county system described by Section 11.301(a) for
95	101		potential fraud, waste, or abuse.
96	102		(c) If after an investigation described by Subsection (b)
97	103		the commissioner determines that a school district or county system
98	104		has engaged in fraud, waste, or abuse and the school district or
99	105		county system does not timely correct the fraud, waste, or abuse to
100	106		the satisfaction of the commissioner, the commissioner may replace
101	107		the governing board of the school district or county system with a
102	108		board of managers in accordance with Chapter 39 and rules adopted
103	109		under that chapter.
104	110		(d) If a school district or county system described by
105	111		Section 11.301(a) discovers an instance of fraud, waste, or abuse,
106	112		the school district or county system shall report the fraud, waste,
107	113		or abuse to the agency not later than the 20th day after the date the
108	114		fraud, waste, or abuse is discovered.
109	115		(e) If a school district or county system described by
110	116		Section 11.301(a) fails to file an annual report under Subsection
111	117		(a) or fails to report fraud, waste, or abuse under Subsection (d),
112	118		the commissioner may replace the governing board of the school
113	119		district or county system with a board of managers in accordance
114	120		with Chapter 39 and rules adopted under that chapter.
115	121		(f) The commissioner may adopt rules as necessary to
116	122		implement this section.
117	123		SECTION 3. Section 39.057(a), Education Code, is amended to
118	124		read as follows:
119	125		(a) The commissioner may authorize special accreditation
120	126		investigations to be conducted:
121	127		(1) when excessive numbers of absences of students
122	128		eligible to be tested on state assessment instruments are
123	129		determined;
124	130		(2) when excessive numbers of allowable exemptions
125	131		from the required state assessment instruments are determined;
126	132		(3) in response to complaints submitted to the agency
127	133		with respect to alleged violations of civil rights or other
128	134		requirements imposed on the state by federal law or court order;
129	135		(4) in response to established compliance reviews of
130	136		the district's financial accounting practices and state and federal
131	137		program requirements;
132	138		(5) when extraordinary numbers of student placements
133	139		in disciplinary alternative education programs, other than
134	140		placements under Sections 37.006 and 37.007, are determined;
135	141		(6) in response to an allegation involving a conflict
136	142		between members of the board of trustees or between the board and
137	143		the district administration if it appears that the conflict
138	144		involves a violation of a role or duty of the board members or the
139	145		administration clearly defined by this code;
140	146		(7) when excessive numbers of students in special
141	147		education programs under Subchapter A, Chapter 29, are assessed
142	148		through assessment instruments developed or adopted under Section
143	149		39.023(b);
144	150		(8) in response to an allegation regarding or an
145	151		analysis using a statistical method result indicating a possible
146	152		violation of an assessment instrument security procedure
147	153		established under Section 39.0301, including for the purpose of
148	154		investigating or auditing a school district under that section;
149	155		(9) when a significant pattern of decreased academic
150	156		performance has developed as a result of the promotion in the
151	157		preceding two school years of students who did not perform
152	158		satisfactorily as determined by the commissioner under Section
153	159		39.0241(a) on assessment instruments administered under Section
154	160		39.023(a), (c), or (l);
155	161		(10) when excessive numbers of students eligible to
156	162		enroll fail to complete an Algebra II course or any other advanced
157	163		course as determined by the commissioner;
158	164		(11) when resource allocation practices as evaluated
159	165		under Section 39.0821 indicate a potential for significant
160	166		improvement in resource allocation;
161	167		(12) when a disproportionate number of students of a
162	168		particular demographic group is graduating with a particular
163	169		endorsement under Section 28.025(c-1);
164	170		(13) when an excessive number of students is
165	171		graduating with a particular endorsement under Section
166	172		28.025(c-1);
167	173		(14) in response to a complaint submitted to the
168	174		agency with respect to alleged inaccurate data that is reported
169	175		through the Public Education Information Management System (PEIMS)
170	176		or through other reports required by state or federal law or rule or
171	177		court order and that is used by the agency to make a determination
172	178		relating to public school accountability, including accreditation,
173	179		under this chapter; [or]
174	180		(15) by the office of inspector general for the
175	181		purpose of investigating allegations of fraud, waste, and abuse in
176	182		the administration of public education; or
177	183		(16) as the commissioner otherwise determines
178	184		necessary.
179	185		SECTION 4. This Act takes effect September 1, 2017.
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