Texas 2017 - 85th Regular

Texas Senate Bill SB1891 Compare Versions

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

Old	New	Differences
1	1	85R814 GCB-F
2	2	By: Bettencourt S.B. No. 1891
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a general employment review of persons who apply to
8	8	school districts, open-enrollment charter schools, and certain
9	9	independent contractors for employment involving direct contact
10	10	with students or children; providing a civil penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter B, Chapter 21, Education Code, is
13	13	amended by adding Section 21.0605 to read as follows:
14	14	Sec. 21.0605. ELIGIBILITY OF PERSONS FOUND IN VIOLATION OF
15	15	EMPLOYMENT REVIEW REQUIREMENTS. The board may suspend or revoke
16	16	the certificate or permit held by a person under this subchapter,
17	17	impose other sanctions against the person, or refuse to issue a
18	18	certificate or permit to a person under this subchapter if the
19	19	person has been assessed a civil penalty under Section 22.074.
20	20	SECTION 2. Chapter 22, Education Code, is amended by adding
21	21	Subchapter B-1 to read as follows:
22	22	SUBCHAPTER B-1. GENERAL EMPLOYMENT REVIEW
23	23	Sec. 22.061. DEFINITIONS. In this subchapter:
24	24	(1) "Independent contractor" means any entity that
25	25	contracts with a school district, open-enrollment charter school,
26	26	or shared services arrangement to provide services.
27	27	(2) "Sexual misconduct involving a student or child"
28	28	includes:
29	29	(A) any verbal, nonverbal, written, or
30	30	electronic communication that is designed to establish a romantic
31	31	or sexual relationship with a student or child;
32	32	(B) dating a student or child or soliciting dates
33	33	with a student or child;
34	34	(C) engaging in sexualized or romantic dialogue
35	35	with a student or child;
36	36	(D) making sexually suggestive comments to a
37	37	student or child;
38	38	(E) self-disclosure to a student or child or
39	39	physical exposure to a student or child of a sexual, romantic, or
40	40	erotic nature; and
41	41	(F) any other sexual, indecent, romantic, or
42	42	erotic contact with a student or child.
43	43	Sec. 22.062. APPLICABILITY. This subchapter applies only
44	44	to an applicant who applies for a position with a school district,
45	45	open-enrollment charter school, or independent contractor that
46	46	involves direct contact with students.
47	47	Sec. 22.063. APPLICANT REVIEW REQUIRED. (a) Except as
48	48	provided by Section 22.067, a school district, open-enrollment
49	49	charter school, or independent contractor may not hire an applicant
50	50	unless:
51	51	(1) the applicant provides to the district, charter
52	52	school, or contractor a completed employment history review
53	53	application as required under Section 22.064; and
54	54	(2) the district, charter school, or contractor
55	55	conducts a review of the applicant as required under Section
56	56	22.066.
57	57	(b) The requirement under this section for a school
58	58	district, open-enrollment charter school, and independent
59	59	contractor to obtain and review employment history information is
60	60	in addition to complying with the applicable requirements of
61	61	Subchapter C relating to obtaining and reviewing criminal history
62	62	record information.
63	63	Sec. 22.064. EMPLOYMENT HISTORY REVIEW APPLICATION
64	64	REQUIRED. A school district, open-enrollment charter school, or
65	65	independent contractor shall require an applicant subject to this
66	66	subchapter to provide to the district, charter school, or
67	67	contractor a completed employment history review application on a
68	68	form prescribed by the agency that includes:
69	69	(1) a list that includes the name of and the address,
70	70	telephone number, and other relevant contact information for:
71	71	(A) any current employer of the applicant;
72	72	(B) any former employer of the applicant that is
73	73	a school district, open-enrollment charter school, or independent
74	74	contractor; and
75	75	(C) any former employer of the applicant not
76	76	included under Paragraph (B) at which the applicant was employed in
77	77	a position that involved direct contact with children;
78	78	(2) a statement signed by the applicant disclosing
79	79	information regarding:
80	80	(A) whether the applicant has been the subject of
81	81	an investigation by an employer listed under Subdivision (1), state
82	82	licensing agency, law enforcement agency, or child protective
83	83	services agency involving an allegation that the applicant engaged
84	84	in conduct that constitutes child abuse or sexual misconduct
85	85	involving a student or child, unless the results of the
86	86	investigation resulted in a finding that the allegation was false;
87	87	(B) whether the applicant has been disciplined,
88	88	discharged, or denied a renewal of an employment contract or has
89	89	resigned or otherwise discontinued employment with the employer:
90	90	(i) during the period an allegation
91	91	described by Paragraph (A) is pending or under investigation; or
92	92	(ii) on the basis of a finding or
93	93	adjudication that the applicant did engage in child abuse or sexual
94	94	misconduct with a student or child; and
95	95	(C) whether the applicant has ever had a license,
96	96	certificate, or permit suspended or revoked or has surrendered a
97	97	license, certificate, or permit:
98	98	(i) during the period an allegation
99	99	described by Paragraph (A) is pending or under investigation; or
100	100	(ii) on the basis of a finding or
101	101	adjudication that the applicant did engage in child abuse or sexual
102	102	misconduct with a student or child; and
103	103	(3) an authorization signed by the applicant
104	104	consenting to the disclosure of the information described by
105	105	Subdivision (2) and the release of related records by each employer
106	106	listed under Subdivision (1).
107	107	Sec. 22.065. REQUEST FOR EMPLOYER INFORMATION. (a) A
108	108	school district, open-enrollment charter school, or independent
109	109	contractor shall submit to each employer listed on an applicant's
110	110	employee history review application under Section 22.064:
111	111	(1) a copy of the information the applicant is
112	112	required to disclose in the statement under Section 22.064(2);
113	113	(2) a copy of the authorization provided by the
114	114	applicant under Section 22.064(3); and
115	115	(3) a request that the employer provide to the
116	116	district, charter school, or contractor, on a form prescribed by
117	117	the agency:
118	118	(A) the dates of the applicant's employment with
119	119	the employer; and
120	120	(B) any information the employer possesses
121	121	regarding the applicant that the applicant is required to disclose
122	122	in the statement under Section 22.064(2).
123	123	(b) Notwithstanding any other law, an employer that
124	124	receives a request for information under Subsection (a) shall
125	125	provide the information, including confidential information,
126	126	requested on the form prescribed by the agency not later than the
127	127	20th day after the date the employer receives the request.
128	128	Sec. 22.066. REVIEW OF APPLICANT. (a) A school district,
129	129	open-enrollment charter school, or independent contractor shall,
130	130	for each applicant subject to this subchapter, conduct a review of:
131	131	(1) all materials obtained under Sections 22.064 and
132	132	22.065; and
133	133	(2) if the applicant is an educator:
134	134	(A) the status of the applicant's certificate or
135	135	permit; and
136	136	(B) any notice of alleged misconduct placed on
137	137	the educator's public certification records under Section 21.007.
138	138	(b) In addition to conducting the review under Subsection
139	139	(a), a school district, open-enrollment charter school, or
140	140	independent contractor shall inquire whether the agency has
141	141	received notice of any pending criminal charges against the
142	142	applicant.
143	143	(c) If a school district, open-enrollment charter school,
144	144	or independent contractor receives information from an applicant or
145	145	employer of an applicant that indicates an affirmative response to
146	146	information required to be disclosed in the statement under Section
147	147	22.064(2) and the district, charter school, or contractor continues
148	148	to consider offering employment to the applicant, the district,
149	149	charter school, or contractor shall contact the applicable employer
150	150	and request additional information and any related records
151	151	concerning the affirmative response.
152	152	(d) Notwithstanding any other law, an employer that
153	153	receives a request for additional information and related records
154	154	under Subsection (c) shall provide the additional information or
155	155	related records, including confidential information, not later
156	156	than the 60th day after the date the employer receives the request.
157	157	(e) If an applicant is hired by a school district,
158	158	open-enrollment charter school, or independent contractor, the
159	159	review conducted under this section is sufficient provided that the
160	160	person remains continuously employed by the district, charter
161	161	school, or contractor.
162	162	Sec. 22.067. PROVISIONAL EMPLOYMENT. (a) A school
163	163	district, open-enrollment charter school, or independent
164	164	contractor may hire an applicant on a provisional basis for a period
165	165	not to exceed 90 days pending the review of the applicant conducted
166	166	under Section 22.066 if:
167	167	(1) the applicant has provided a completed employment
168	168	history review application, as required under Section 22.064;
169	169	(2) the applicant swears or affirms that the applicant
170	170	is not disqualified from employment for the position sought; and
171	171	(3) the district, charter school, or contractor:
172	172	(A) has no knowledge of information regarding the
173	173	applicant that would disqualify the applicant from employment for
174	174	the position sought; and
175	175	(B) requires the applicant to work in the
176	176	immediate vicinity of a permanent employee of the district, charter
177	177	school, or contractor when in direct contact with students.
178	178	Sec. 22.068. SUBSTITUTE EMPLOYEE. (a) In this section,
179	179	"substitute employee" does not include a bus driver.
180	180	(b) A school district or open-enrollment charter school is
181	181	required to conduct a review under Section 22.066 for an applicant
182	182	seeking employment as a substitute employee only before the
183	183	applicant is initially hired by the district or charter school or
184	184	before the applicant is initially placed on the list of approved
185	185	substitute employees of the district or charter school. The
186	186	initial review under this subsection is sufficient provided that
187	187	the substitute employee continues employment with the district or
188	188	charter school or remains on the list of approved substitute
189	189	employees of the district or charter school.
190	190	(c) Each school district or open-enrollment charter school
191	191	must independently conduct the review required under Section 22.066
192	192	before offering employment to an applicant or before placing an
193	193	applicant on the district's or charter school's list of approved
194	194	substitute employees. A school district or open-enrollment charter
195	195	school may not rely on a review conducted by another school district
196	196	or open-enrollment charter school.
197	197	(d) An independent contractor that provides staffing of
198	198	substitute employees is responsible for conducting the review
199	199	required under Section 22.066. A school district or
200	200	open-enrollment charter school that contracts for staffing of
201	201	substitute employees is not responsible for conducting the review
202	202	of a substitute employee employed by an independent contractor.
203	203	Sec. 22.069. SPECIFIC REQUIREMENTS REGARDING INDEPENDENT
204	204	CONTRACTORS. (a) If an independent contractor intends to assign an
205	205	existing employee to a position at a school district or
206	206	open-enrollment charter school that involves direct contact with
207	207	students, the contractor shall conduct the review required under
208	208	Section 22.066 before assigning the employee to the position, and
209	209	the employee is considered an applicant subject to this subchapter.
210	210	(b) A review conducted by an independent contractor of an
211	211	applicant or existing employee is sufficient provided that the
212	212	person remains continuously employed by the contractor and
213	213	regardless of whether the person is assigned to a position at more
214	214	than one school district or open-enrollment charter school.
215	215	(c) An independent contractor must maintain a record of each
216	216	review conducted under Section 22.066.
217	217	(d) At the request of a school district or open-enrollment
218	218	charter school receiving services from an independent contractor,
219	219	the contractor shall provide the record of the review of any
220	220	employee who provides services at the district or charter school.
221	221	(e) If an independent contractor employs a person whose
222	222	review indicated an affirmative response to information required to
223	223	be disclosed in the statement under Section 22.064(2), the
224	224	contractor must provide the record of that review to a school
225	225	district or open-enrollment charter school before assigning that
226	226	person to a position that involves direct contact with students at
227	227	the district or charter school.
228	228	(f) An independent contractor may not assign an employee to
229	229	a school district or open-enrollment charter school if the board of
230	230	trustees of the district or governing body of the charter school
231	231	objects to the assignment based on the record of the review of the
232	232	employee provided under this section.
233	233	Sec. 22.070. SUPPRESSION OF INFORMATION PROHIBITED. (a) A
234	234	school district, open-enrollment charter school, or independent
235	235	contractor may not, after September 1, 2017, enter into an
236	236	agreement or contract or take any action regarding information
237	237	concerning an allegation, finding, or adjudication of conduct by a
238	238	current or former employee that constitutes child abuse or sexual
239	239	misconduct involving a student or child that would:
240	240	(1) have the effect of suppressing the information;
241	241	(2) require the district, charter school, or
242	242	contractor to expunge the information from employment records
243	243	unless after investigation the information is found to be false; or
244	244	(3) prevent the district, charter school, or
245	245	contractor from complying with a provision of this subchapter that
246	246	requires the disclosure of the information.
247	247	(b) A provision in a contract or agreement that violates
248	248	this section is void.
249	249	Sec. 22.071. EXEMPTION FROM PUBLIC INFORMATION LAW;
250	250	AUTHORITY TO REPORT. (a) Information obtained under Section
251	251	22.064, 22.065, or 22.066 regarding an applicant subject to this
252	252	subchapter is confidential and not subject to disclosure under
253	253	Chapter 552, Government Code.
254	254	(b) A school district, open-enrollment charter school, or
255	255	independent contractor may report information obtained under
256	256	Section 22.064, 22.065, or 22.066 regarding an applicant subject to
257	257	this subchapter to:
258	258	(1) the agency;
259	259	(2) the State Board for Educator Certification or
260	260	another applicable state licensing or certifying agency or board;
261	261	(3) a law enforcement agency;
262	262	(4) a child protective services agency; and
263	263	(5) another school district, open-enrollment charter
264	264	school, or independent contractor.
265	265	Sec. 22.072. IMMUNITY FROM PROSECUTION. A person may not be
266	266	prosecuted for obtaining or disclosing information regarding an
267	267	applicant subject to this subchapter in a manner authorized or
268	268	required under this subchapter.
269	269	Sec. 22.073. IMMUNITY FROM CIVIL LIABILITY. (a) A person
270	270	who obtains or discloses information regarding an applicant subject
271	271	to this subchapter in a manner authorized or required under this
272	272	subchapter is immune from civil liability for obtaining or
273	273	disclosing the information.
274	274	(b) This section does not apply to a person who knowingly
275	275	provides false information or records.
276	276	Sec. 22.074. CIVIL PENALTY; CONTRACTS WITH VIOLATORS
277	277	PROHIBITED. (a) A person who wilfully violates this subchapter is
278	278	liable for a civil penalty of not less than $500 or more than
279	279	$10,000 for each violation. Each day a violation occurs or
280	280	continues may be considered a separate violation for purposes of a
281	281	civil penalty assessment.
282	282	(b) The attorney general shall, on request of the agency, or
283	283	may, on the attorney general's own initiative, file suit to collect
284	284	the penalty.
285	285	(c) A civil penalty collected under this section shall be
286	286	deposited in the state treasury to the credit of the general revenue
287	287	fund.
288	288	(d) The attorney general shall maintain and make publicly
289	289	available on the attorney general's Internet website a list of each
290	290	independent contractor assessed a civil penalty under this section.
291	291	A school district or open-enrollment charter school may not
292	292	contract for services with an independent contractor included on
293	293	the list under this section.
294	294	Sec. 22.075. RULES. The commissioner shall adopt rules as
295	295	necessary to administer this subchapter.
296	296	Sec. 22.076. EFFECT ON CONDUCTING ADDITIONAL INVESTIGATION
297	297	OR DUTY TO REPORT. This subchapter may not be construed to:
298	298	(1) prevent a school district, open-enrollment
299	299	charter school, or independent contractor from:
300	300	(A) conducting any authorized investigation of
301	301	an applicant in addition to the review required under Section
302	302	22.066; or
303	303	(B) requiring an applicant to provide any
304	304	additional information or authorizations in connection with a
305	305	review required under Section 22.066;
306	306	(2) prevent an employer from disclosing information in
307	307	addition to information required to be disclosed under Sections
308	308	22.065 and 22.066; or
309	309	(3) relieve a school district or open-enrollment
310	310	charter school, a school administrator of a district or charter
311	311	school, or an independent contractor of the legal responsibility to
312	312	report:
313	313	(A) any suspected incidents of child abuse as
314	314	provided by law; or
315	315	(B) any suspected incidents of professional
316	316	misconduct as provided by law.
317	317	SECTION 3. As soon as practicable after the effective date
318	318	of this Act:
319	319	(1) the Texas Education Agency shall prescribe
320	320	standardized forms for applicants to use under Section 22.064,
321	321	Education Code, as added by this Act, and for employers to use under
322	322	Section 22.065, Education Code, as added by this Act; and
323	323	(2) school districts, open-enrollment charter
324	324	schools, and independent contractors shall begin conducting
325	325	employment reviews as required by Subchapter B-1, Education Code,
326	326	as added by this Act.
327	327	SECTION 4. This Act takes effect September 1, 2017.