2017S0018-1 12/08/16
By: Taylor of Collin S.B. No. 653
A BILL TO BE ENTITLED
AN ACT
relating to improper relationships between educators or certain
other school personnel and students; creating an offense and
expanding the applicability of existing offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. LEGISLATIVE FINDINGS
SECTION 1.01. The legislature finds that:
(1) all children receiving an education in Texas are
entitled to a safe, secure learning environment;
(2) registered sex offenders and employees that engage
in sexual contact with students should be barred from Texas
classrooms;
(3) inappropriate teacher-student relationships,
including the use of certain forms of electronic communication,
detract from the state's expectation of a general diffusion of
knowledge;
(4) education administrators have a duty to report
employees that engage in sexual contact with students to the
appropriate law enforcement and regulatory agencies; and
(5) a school employee found to engage in inappropriate
behavior with a student in one school or district must not be
allowed to be employed by another school or district.
ARTICLE 2. REPORTING, ENFORCEMENT, AND CRIMINAL PENALTIES
SECTION 2.01. Section 7.028(a), Education Code, is amended
to read as follows:
(a) Except as provided by Section 29.001(5), 29.010(a), or
39.057, the agency may monitor compliance with requirements
applicable to a process or program provided by a school district,
campus, program, or school granted charters under Chapter 12,
including the process described by Subchapter F, Chapter 11, or a
program described by Subchapter B, C, D, E, F, H, or I, Chapter 29,
Subchapter A, Chapter 37, or Section 38.003, and the use of funds
provided for such a program under Subchapter C, Chapter 42, only as
necessary to ensure:
(1) compliance with federal law and regulations;
(2) financial accountability, including compliance
with grant requirements; [and]
(3) data integrity for purposes of:
(A) the Public Education Information Management
System (PEIMS); and
(B) accountability under Chapter 39; and
(4) compliance with reporting requirements under
Section 21.006.
SECTION 2.02. Section 12.056(b), Education Code, is amended
to read as follows:
(b) A campus or program for which a charter is granted under
this subchapter is subject to:
(1) a provision of this title establishing a criminal
offense; and
(2) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) a requirement to report misconduct under
Section 21.006;
(C) criminal history records under Subchapter C,
Chapter 22, including the registry created under Section 22.088;
(D) [(C)] high school graduation under Section
28.025;
(E) [(D)] special education programs under
Subchapter A, Chapter 29;
(F) [(E)] bilingual education under Subchapter
B, Chapter 29;
(G) [(F)] prekindergarten programs under
Subchapter E, Chapter 29;
(H) [(G)] extracurricular activities under
Section 33.081;
(I) [(H)] health and safety under Chapter 38; and
(J) [(I)] public school accountability under
Subchapters B, C, D, E, F, and J, Chapter 39.
SECTION 2.03. Section 12.104(b), Education Code, is amended
to read as follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense; and
(2) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) reading instruments and accelerated reading
instruction programs under Section 28.006;
(D) accelerated instruction under Section 28.0211;
(E) high school graduation requirements under
Section 28.025;
(F) special education programs under Subchapter
A, Chapter 29;
(G) bilingual education under Subchapter B,
Chapter 29;
(H) prekindergarten programs under Subchapter E
or E-1, Chapter 29;
(I) extracurricular activities under Section
33.081;
(J) discipline management practices or behavior
management techniques under Section 37.0021;
(K) health and safety under Chapter 38;
(L) public school accountability under
Subchapters B, C, D, E, F, G, and J, Chapter 39;
(M) the requirement under Section 21.006 to
report misconduct by an educator or a person in a certified role
[educator's misconduct];
(N) intensive programs of instruction under
Section 28.0213; and
(O) the right of a school employee to report a
crime, as provided by Section 37.148.
SECTION 2.04. Section 12.1059, Education Code, is amended
to read as follows:
Sec. 12.1059. AGENCY APPROVAL REQUIRED FOR CERTAIN
EMPLOYEES. A person may not be employed by or serve as a teacher,
librarian, educational aide, administrator, or school counselor or
in any other position with direct, unsupervised contact with
students for an open-enrollment charter school unless the person
has been approved by the agency following a review of:
(1) the person's national criminal history record
information as provided by Section 22.0832; and
(2) the registry created under Section 22.088.
SECTION 2.05. Chapter 12A, Education Code, is amended by
adding Section 12A.0041 to read as follows:
Sec. 12A.0041. ADDITIONAL REQUIREMENTS. A district of
innovation that is exempt from the certification requirements of
Subchapter B, Chapter 21, is subject, to the extent of the
exemption, to the following sections as if the district of
innovation were an open-enrollment charter school:
(1) Section 12.1059;
(2) Section 21.006;
(3) Section 22.085; and
(4) Section 22.088.
SECTION 2.06. Section 12A.008, Education Code, is amended
by adding Subsection (e) to read as follows:
(e) The commissioner shall terminate a school district's
designation as a district of innovation if the district hires a
person, or fails to discharge a person, in violation of Section
22.088(b).
SECTION 2.07. Section 21.006, Education Code, is amended to
read as follows:
Sec. 21.006. REQUIREMENT TO REPORT MISCONDUCT. (a) In
this section:
(1) "Abuse"[, "abuse"] has the meaning assigned by
Section 261.001, Family Code, and includes any sexual conduct
involving an educator and a student or minor.
(2) "Person in a certified role" means a person who is
not required to hold a certificate or permit issued under
Subchapter B but is employed by or serves as a teacher, librarian,
educational aide, administrator, or school counselor or in any
other position with direct, unsupervised contact with students for
an open-enrollment charter school or school district.
(b) In addition to the reporting requirement under Section
261.101, Family Code, the superintendent or director of, or a
principal in, a school district, open-enrollment charter school,
regional education service center, or shared services arrangement
shall notify the State Board for Educator Certification if:
(1) an educator employed by or seeking employment by
the district, school, service center, or shared services
arrangement has a criminal record and the district, school, service
center, or shared services arrangement obtained information about
the educator's criminal record by a means other than the criminal
history clearinghouse established under Section 411.0845,
Government Code;
(2) an educator's employment at the district, school,
service center, or shared services arrangement was terminated,
including by resignation of the educator, and at the time of the
termination or resignation the superintendent, director, or
principal knew or had probable cause to believe [based on evidence]
that the educator:
(A) abused or otherwise committed an unlawful act
with a student or minor;
(A-1) was involved in a romantic relationship
with or solicited or engaged in sexual contact with a student or
minor;
(B) possessed, transferred, sold, or distributed
a controlled substance, as defined by Chapter 481, Health and
Safety Code, or by 21 U.S.C. Section 801 et seq.;
(C) illegally transferred, appropriated, or
expended funds or other property of the district, school, service
center, or shared services arrangement;
(D) attempted by fraudulent or unauthorized
means to obtain or alter a professional certificate or license for
the purpose of promotion or additional compensation; or
(E) committed a criminal offense or any part of a
criminal offense on school property or at a school-sponsored event;
(3) the educator resigned and there is evidence that
the educator engaged in misconduct described by Subdivision (2); or
(4) the educator engaged in conduct that violated the
assessment instrument security procedures established under
Section 39.0301.
(b-1) In addition to the reporting requirement under
Section 261.101, Family Code, the superintendent, director, or
principal of an open-enrollment charter school shall notify the
commissioner if:
(1) the school obtains information that a person in a
certified role at the school has a criminal record that includes
allegations that the person engaged in misconduct described by
Subsection (b)(2)(A) or (A-1); or
(2) the employment or service of a person in a
certified role at the school is terminated, including by
resignation of the person, and there is evidence that the person
engaged in misconduct described by Subsection (b)(2)(A) or (A-1).
(b-2) A superintendent or director of a school district or
open-enrollment charter school shall complete an investigation of
an educator or a person in a certified role that is based on
evidence that the educator or person may have engaged in misconduct
described by Subsection (b)(2)(A) or (A-1), despite the
[educator's] resignation of the educator or person from district or
school employment before completion of the investigation.
(c) The superintendent, [or] director, or principal must
notify the State Board for Educator Certification or the
commissioner, as applicable, by filing a report required under
Subsection (b) or (b-1) [a report with the board] not later than the
seventh day after the date the superintendent, [or] director, or
principal knew about an educator's or a person in a certified role's
[employee's] criminal record under Subsection (b)(1) or (b-1)(1) or
a termination of employment or resignation following an alleged
incident of misconduct described by Subsection (b) or (b-1). The
report must be:
(1) in writing; and
(2) in a form prescribed by the board.
(c-1) The State Board for Educator Certification and the
commissioner shall establish and maintain a secure online portal
that allows superintendents, directors, and principals to
electronically file a report required under this section.
(c-2) A requirement to report under this section, as applied
to a principal in a school district, is limited to reportable
incidents or events occurring at, or directly related to, the
school at which the principal serves.
(c-3) A requirement to report under this section is
satisfied by the timely filing of a single report by, as relevant
under the circumstances, a superintendent, director, or principal.
(d) The superintendent, [or] director, or principal shall
notify the board of trustees or governing body of the school
district, open-enrollment charter school, regional education
service center, or shared services arrangement and the educator or
the person in a certified role of the filing of a [the] report
required under this section [by Subsection (c)].
(e) A superintendent, [or] director, or principal who in
good faith and while acting in an official capacity files a report
with the State Board for Educator Certification or the commissioner
under this section is immune from civil or criminal liability that
might otherwise be incurred or imposed.
(f) The State Board for Educator Certification shall
determine whether to impose sanctions against a superintendent,
[or] director, or principal who fails to file a report in violation
of this section [Subsection (c)].
(g) The State Board for Educator Certification shall
propose rules as necessary to implement this section.
(h) A report under this section is confidential and not
subject to disclosure under the public access provisions of Chapter
552, Government Code. The name of a student or minor who is the
victim of abuse or unlawful conduct by an educator or a person in a
certified role must be included in a report filed under this
section[, but the name of the student or minor is not public
information under Chapter 552, Government Code].
SECTION 2.08. Subchapter A, Chapter 21, Education Code, is
amended by adding Section 21.0061 to read as follows:
Sec. 21.0061. COMPLIANCE REVIEW. The commissioner may
authorize the agency to conduct a review of school districts and
open-enrollment charter schools to verify compliance with Section
21.006.
SECTION 2.09. Section 21.044(g), Education Code, is amended
to read as follows:
(g) Each educator preparation program must provide
information regarding:
(1) the skills that educators are required to possess,
the responsibilities that educators are required to accept, and the
high expectations for students in this state;
(2) the effect of supply and demand forces on the
educator workforce in this state;
(3) the performance over time of the educator
preparation program;
(4) the importance of building strong classroom
management skills; [and]
(5) the framework in this state for teacher and
principal evaluation, including the procedures followed in
accordance with Subchapter H; and
(6) appropriate educator-student relationships,
boundaries, and communications.
SECTION 2.10. Sections 21.054(d) and (e), Education Code,
are amended to read as follows:
(d) Continuing education requirements for a classroom
teacher must provide that not more than 25 percent of the training
required every five years include instruction regarding:
(1) collecting and analyzing information that will
improve effectiveness in the classroom;
(2) recognizing early warning indicators that a
student may be at risk of dropping out of school;
(3) integrating technology into classroom
instruction; [and]
(4) educating diverse student populations, including:
(A) students with disabilities, including mental
health disorders;
(B) students who are educationally
disadvantaged;
(C) students of limited English proficiency; and
(D) students at risk of dropping out of school;
and
(5) appropriate educator-student relationships,
boundaries, and communications.
(e) Continuing education requirements for a principal must
provide that not more than 25 percent of the training required every
five years include instruction regarding:
(1) effective and efficient management, including:
(A) collecting and analyzing information;
(B) making decisions and managing time; and
(C) supervising student discipline and managing
behavior;
(2) recognizing early warning indicators that a
student may be at risk of dropping out of school;
(3) integrating technology into campus curriculum and
instruction; [and]
(4) educating diverse student populations, including:
(A) students with disabilities, including mental
health disorders;
(B) students who are educationally
disadvantaged;
(C) students of limited English proficiency; and
(D) students at risk of dropping out of school;
and
(5) recognizing, preventing, and reporting
inappropriate educator-student relationships.
SECTION 2.11. Sections 21.058(a), (b), (c), (c-1), and
(c-2), Education Code, are amended to read as follows:
(a) The procedures described by Subsections (b) and (c)
apply only to a person who is:
(1) registered as a sex offender under Chapter 62,
Code of Criminal Procedure; or
(2) convicted [to conviction] of a felony offense
under Title 5, Penal Code, committed against a [or an offense on
conviction of which a defendant is required to register as a sex
offender under Chapter 62, Code of Criminal Procedure; and
[(2) if the] victim younger than [of the offense is
under] 18 years of age.
(b) Notwithstanding Section 21.041(b)(7), not later than
the fifth day after the date the board receives notice under Article
42.018, Code of Criminal Procedure, of the conviction or
adjudication of a person who holds a certificate under this
subchapter, the board shall:
(1) revoke the certificate held by the person; and
(2) provide to the person and to any school district or
open-enrollment charter school employing the person at the time of
revocation written notice of:
(A) the revocation; and
(B) the basis for the revocation.
(c) A school district or open-enrollment charter school
that receives notice under Subsection (b) of the revocation of a
certificate issued under this subchapter shall:
(1) immediately remove the person whose certificate
has been revoked from campus or from an administrative office, as
applicable, to prevent the person from having any contact with a
student; and
(2) if the person is employed under a probationary,
continuing, or term contract under this chapter, with the approval
of the board of trustees or governing body or a designee of the
board of trustees or governing body:
(A) suspend the person without pay;
(B) provide the person with written notice that
the person's contract is void as provided by Subsection (c-2); and
(C) terminate the employment of the person as
soon as practicable.
(c-1) If a school district or open-enrollment charter
school becomes aware that a person employed by the district or
school under a probationary, continuing, or term contract under
this chapter has been convicted of or received deferred
adjudication for a felony offense, and the person is not subject to
Subsection (c), the district or school may, with the approval of the
board of trustees or governing body or a designee of the board of
trustees or governing body:
(1) suspend the person without pay;
(2) provide the person with written notice that the
person's contract is void as provided by Subsection (c-2); and
(3) terminate the employment of the person as soon as
practicable.
(c-2) A person's probationary, continuing, or term contract
is void if, with the approval of the board of trustees or governing
body or a designee of the board of trustees or governing body, the
school district or open-enrollment charter school takes action
under Subsection (c)(2)(B) or (c-1)(2).
SECTION 2.12. Subchapter B, Chapter 21, Education Code, is
amended by adding Section 21.0585 to read as follows:
Sec. 21.0585. TEMPORARY SUSPENSION. (a) The certificate
of an educator shall be temporarily suspended on a determination by
a majority of the board or of a three-member committee of board
members designated by the board that, from the evidence or
information presented, continued work as an educator by the
certificate holder would constitute a continuing or imminent threat
to the safety and welfare of students, educators, or school
personnel.
(b) An educator's certificate may be temporarily suspended
under Subsection (a) without notice or hearing if:
(1) the board immediately provides notice of the
suspension to the educator; and
(2) proceedings for a preliminary hearing before the
State Office of Administrative Hearings are initiated
simultaneously with the suspension under this chapter and Chapter
2001, Government Code.
(c) A preliminary hearing must be set for a date not later
than the 17th day after the date of the temporary suspension. The
preliminary hearing shall be conducted as a de novo hearing and
shall determine whether probable cause exists that continued work
as an educator by the certificate holder would constitute a
continuing or imminent threat to the safety and welfare of
students, educators, or school personnel.
(d) If the State Office of Administrative Hearings does not
hold the preliminary hearing within the time required under
Subsection (c) or if the preliminary hearing results in a finding
that probable cause for the suspension does not exist, the board
shall reinstate the educator's certificate and order the school
district to:
(1) reinstate the educator;
(2) pay the educator any back pay and employment
benefits lost due to the temporary suspension from the time of the
suspension to reinstatement; and
(3) remove any record of the educator's suspension
from the school district's records.
(e) If a preliminary hearing results in a finding that
probable cause for the suspension exists, the State Office of
Administrative Hearings shall hold a final hearing on the matter
not later than the 61st day after the date of the temporary
suspension to determine whether the educator's certification
should be revoked.
(f) If the State Office of Administrative Hearings does not
hold the final hearing within the time required under Subsection
(e) or if the final hearing results in a finding that continued work
as an educator by the certificate holder would not constitute a
continuing or imminent threat to the safety and welfare of
students, educators, or school personnel, the board shall reinstate
the educator's certificate and order the school district to:
(1) reinstate the educator;
(2) pay the educator any back pay and employment
benefits lost due to the temporary suspension from the time of the
suspension to reinstatement; and
(3) remove any record of the educator's suspension
from the school district's records.
SECTION 2.13. Subchapter B, Chapter 21, Education Code, is
amended by adding Section 21.0605 to read as follows:
Sec. 21.0605. ACTION AGAINST PERSONS WHO ASSIST PERSONS
KNOWN TO ENGAGE IN SEXUAL MISCONDUCT. The board may suspend or
revoke a certificate or permit held by a person under this
subchapter, impose other sanctions against the person, or refuse to
issue a certificate or permit to a person under this subchapter if
the person:
(1) assists a school employee, contractor, or agent in
obtaining a new job at a school district or an open-enrollment
charter school, apart from the routine transmission of
administrative and personnel files; and
(2) knew or should have known that the school
employee, contractor, or agent engaged in sexual misconduct
involving a minor or student in violation of the law.
SECTION 2.14. Sections 21.062(a) and (d), Education Code,
are amended to read as follows:
(a) During an investigation by the commissioner of an
educator for an alleged incident of misconduct, the commissioner
may issue a subpoena to compel the attendance of a relevant witness
or the production, for inspection or copying, of relevant evidence
that is located in this state.
(d) Except as provided by this subsection, all [All]
information and materials subpoenaed or compiled in connection with
an investigation described by Subsection (a) are confidential and
not subject to public disclosure under Chapter 552, Government
Code. Upon request by the educator under investigation, such
information and materials shall be made available to the educator
after the completion of the investigation.
SECTION 2.15. Subchapter B, Chapter 21, Education Code, is
amended by adding Section 21.063 to read as follows:
Sec. 21.063. INVESTIGATION RECORDS. (a) An investigation
record of the board, including a record relating to a complaint that
is found to be groundless, is confidential and not subject to
disclosure under the public access provisions of Chapter 552,
Government Code.
(b) Except as provided by a protective order, and
notwithstanding Subsection (a), all investigation records of the
board may be used in disciplinary proceedings against an educator
based on an alleged incident of misconduct.
SECTION 2.16. Section 21.355, Education Code, is amended by
amending Subsection (a) and adding Subsections (d) and (e) to read
as follows:
(a) A document evaluating the performance of a teacher or
administrator is confidential and not subject to disclosure under
the public access provisions of Chapter 552, Government Code.
(d) A school district or open-enrollment charter school may
provide to the agency a document evaluating the performance of a
teacher or administrator employed by the district or school. A
document may be provided to the agency under this subsection only
for the purpose of aiding an investigation by the agency.
(e) Except as provided by a protective order, and
notwithstanding Subsection (a), documents provided to the agency
under Subsection (d) may be used in a disciplinary proceeding
against an educator based on an alleged incident of misconduct.
SECTION 2.17. Section 22.085, Education Code, is amended by
amending Subsection (a) and adding Subsection (b-1) to read as
follows:
(a) A school district, open-enrollment charter school, or
shared services arrangement shall discharge or refuse to hire an
employee or applicant for employment if the district, school, or
shared services arrangement obtains information through a criminal
history record information review that[:
[(1)] the employee or applicant has been convicted of:
(1) [(A)] a felony offense under Title 5, Penal Code,
and at the time the offense occurred the victim of the offense was
under 18 years of age or was enrolled in a public school;
(2) [(B)] an offense on conviction of which a
defendant is required to register as a sex offender under Chapter
62, Code of Criminal Procedure; or
(3) [(C)] an offense under the laws of another state
or federal law that is equivalent to an offense under Subdivision
(1) or (2) [Paragraph (A) or (B); and
[(2) at the time the offense occurred, the victim of
the offense described by Subdivision (1) was under 18 years of age
or was enrolled in a public school].
(b-1) A school district, open-enrollment charter school, or
shared services arrangement shall discharge or refuse to hire any
person whose employment would place the district, school, or shared
services arrangement in violation of Section 22.088(b). The
employment prohibition under this subsection includes a person
hired as an independent contractor.
SECTION 2.18. Subchapter C, Chapter 22, Education Code, is
amended by adding Section 22.088 to read as follows:
Sec. 22.088. REGISTRY OF PERSONS BARRED FROM EMPLOYMENT.
(a) The agency shall create and maintain a registry of persons:
(1) barred from employment under Section 22.0832(a) or
Section 22.085;
(2) who previously held a certificate or permit issued
under Subchapter B, Chapter 21, that was revoked by the State Board
for Educator Certification on a finding that the person:
(A) abused or otherwise committed an unlawful act
with a student or minor; or
(B) was involved in a romantic relationship with
or solicited or engaged in sexual contact with a student or minor;
or
(3) who, in a final decision of the commissioner
following a contested case hearing, were found to have:
(A) abused or otherwise committed an unlawful act
with a student or minor; or
(B) been involved in a romantic relationship with
or solicited or engaged in sexual contact with a student or minor.
(b) A person listed on the registry may not be employed by or
serve as a teacher, librarian, educational aide, administrator, or
school counselor or in any other position with direct, unsupervised
contact with students for a school district, open-enrollment
charter school, or shared services arrangement. The employment
prohibition under this subsection includes a person hired as an
independent contractor.
(c) A hearing under Subsection (a)(3) shall be conducted by
the State Office of Administrative Hearings in the manner provided
for a contested case under Chapter 2001, Government Code.
(d) The commissioner may adopt rules as necessary to
implement this section.
SECTION 2.19. Subchapter A, Chapter 38, Education Code, is
amended by adding Sections 38.00415 and 38.00416 to read as follows:
Sec. 38.00415. ASSISTING EMPLOYEES INVOLVED IN SEXUAL
MISCONDUCT; OFFENSE. (a) Except as provided by Subsection (e), a
person who is a school district or open-enrollment charter school
employee, contractor, or agent may not assist a current or former
school employee, contractor, or agent in obtaining a new job at
another school district or open-enrollment charter school if the
person knows or should know that the current or former employee,
contractor, or agent engaged in sexual misconduct involving a minor
or student in violation of the law.
(b) In this section, "assist" includes providing a positive
or favorable professional reference or recommending employment at
another school district or open-enrollment charter school. The
term does not include the routine transmission of administrative
and personnel files.
(c) A person who violates this section commits an offense.
An offense under this section is a Class C misdemeanor.
(d) Each school district and open-enrollment charter school
shall adopt and publish a policy advising the district's or school's
employees, contractors, and agents of their obligations under this
section.
(e) Subsection (a) does not apply to assistance given to a
current or former employee, contractor, or agent if the information
giving rise to the person's knowledge under Subsection (a) was
properly reported to a law enforcement agency with jurisdiction
over the alleged misconduct and to any other authorities as
required by federal, state, or local law, including Title IX of the
Education Amendments of 1972 (20 U.S.C. Section 1681 et seq.) and 34
C.F.R. Part 106, and:
(1) the matter was officially closed or the prosecutor
or law enforcement agency with jurisdiction over the alleged
misconduct investigated the allegations and notified the school
district or open-enrollment charter school that there is
insufficient information to establish probable cause that the
current or former employee, contractor, or agent engaged in sexual
misconduct involving a minor or student in violation of the law;
(2) the current or former employee, contractor, or
agent was charged with and acquitted or otherwise exonerated of the
alleged misconduct; or
(3) if the case or investigation remains open, there
were no charges filed against or indictment of the current or former
employee, contractor, or agent by the fourth anniversary of the
date on which the information was initially reported to a law
enforcement agency.
Sec. 38.00416. POLICIES ADDRESSING ONE-ON-ONE ELECTRONIC
COMMUNICATIONS BETWEEN EMPLOYEES AND STUDENTS. (a) In this
section, "electronic communication" means a communication
transmitted by means of an electronic device, including a
telephone, cellular telephone, computer, computer network,
personal data assistant, or pager. The term includes e-mails, text
messages, instant messages, and communications made by means of an
Internet website, including social media and social networking
websites.
(b) Each school district shall adopt a written policy
designed to prevent improper one-on-one electronic communication
between school employees and students enrolled in the district.
The policy shall include, at a minimum, provisions designed to
prevent improper one-on-one electronic communications via e-mail,
cellular telephone, or Internet website, including a social media
or social networking website. The policy must provide that a school
employee may refuse to engage in one-on-one electronic
communication with a student and may decline to provide students or
parents with the school employee's personal cellular telephone
number, personal e-mail address, or personal social media
information.
SECTION 2.20. Sections 39.0302(a) and (d), Education Code,
are amended to read as follows:
(a) During an agency investigation or audit of a school
district under Section 39.0301(e) or (f), an accreditation
investigation under Section 39.057(a)(8) or (14), a compliance
review under Section 21.0061, or an investigation by the State
Board for Educator Certification of an educator for an alleged
violation of an assessment instrument security procedure
established under Section 39.0301(a), the commissioner may issue a
subpoena to compel the attendance of a relevant witness or the
production, for inspection or copying, of relevant evidence that is
located in this state.
(d) All information and materials subpoenaed or compiled in
connection with an investigation, [or] audit, or review described
by Subsection (a):
(1) are confidential and not subject to public
disclosure under Chapter 552, Government Code; and
(2) are not subject to disclosure, discovery,
subpoena, or other means of legal compulsion for release to any
person other than:
(A) the commissioner or the State Board for
Educator Certification, as applicable;
(B) agency employees or agents involved in the
investigation, as applicable; and
(C) the office of the attorney general, the state
auditor's office, and law enforcement agencies.
SECTION 2.21. Section 39.056(b), Education Code, is amended
to read as follows:
(b) The commissioner shall determine the frequency of
monitoring reviews by the agency according to:
(1) annual comprehensive analyses of student
performance and equity in relation to the achievement indicators
adopted under Section 39.053;
(2) reviews of fiscal reports and other fiscal data as
set forth in Section 44.010; [or]
(3) comprehensive analyses of financial
accountability standards under Subchapter D; or
(4) the commissioner's determination that a monitoring
review is necessary to ensure compliance with reporting
requirements under Section 21.006.
SECTION 2.22. Section 39.057(a), Education Code, is amended
to read as follows:
(a) The commissioner may authorize special accreditation
investigations to be conducted:
(1) when excessive numbers of absences of students
eligible to be tested on state assessment instruments are
determined;
(2) when excessive numbers of allowable exemptions
from the required state assessment instruments are determined;
(3) in response to complaints submitted to the agency
with respect to alleged violations of civil rights or other
requirements imposed on the state by federal law or court order;
(4) in response to established compliance reviews of
the district's financial accounting practices and state and federal
program requirements;
(5) when extraordinary numbers of student placements
in disciplinary alternative education programs, other than
placements under Sections 37.006 and 37.007, are determined;
(6) in response to an allegation involving a conflict
between members of the board of trustees or between the board and
the district administration if it appears that the conflict
involves a violation of a role or duty of the board members or the
administration clearly defined by this code;
(7) when excessive numbers of students in special
education programs under Subchapter A, Chapter 29, are assessed
through assessment instruments developed or adopted under Section
39.023(b);
(8) in response to an allegation regarding or an
analysis using a statistical method result indicating a possible
violation of an assessment instrument security procedure
established under Section 39.0301, including for the purpose of
investigating or auditing a school district under that section;
(9) when a significant pattern of decreased academic
performance has developed as a result of the promotion in the
preceding two school years of students who did not perform
satisfactorily as determined by the commissioner under Section
39.0241(a) on assessment instruments administered under Section
39.023(a), (c), or (l);
(10) when excessive numbers of students eligible to
enroll fail to complete an Algebra II course or any other advanced
course as determined by the commissioner;
(11) when resource allocation practices as evaluated
under Section 39.0821 indicate a potential for significant
improvement in resource allocation;
(12) when a disproportionate number of students of a
particular demographic group is graduating with a particular
endorsement under Section 28.025(c-1);
(13) when an excessive number of students is
graduating with a particular endorsement under Section
28.025(c-1);
(14) in response to a complaint submitted to the
agency with respect to alleged inaccurate data that is reported
through the Public Education Information Management System (PEIMS)
or through other reports required by state or federal law or rule or
court order and that is used by the agency to make a determination
relating to public school accountability, including accreditation,
under this chapter; [or]
(15) when a school district fails to produce existing
evidence or an investigation report in its possession by not later
than the 10th business day after the date a request is made by the
agency relating to an educator who is under investigation by the
State Board for Educator Certification; or
(16) as the commissioner otherwise determines
necessary.
SECTION 2.23. Article 42.018(a), Code of Criminal
Procedure, is amended to read as follows:
(a) This article applies only:
(1) to conviction or deferred adjudication granted on
the basis of[:
[(A)] an offense under Title 5, Penal Code,[; or
[(B) an offense on conviction of which a defendant
is required to register as a sex offender under Chapter 62; and
[(2)] if the victim of the offense is under 18 years of
age; or
(2) to an offense on conviction of which a defendant is
required to register as a sex offender under Chapter 62.
SECTION 2.24. Section 261.101(b), Family Code, is amended
to read as follows:
(b) If a professional has cause to believe that a child has
been abused or neglected or may be abused or neglected, or that a
child is a victim of an offense under Section 21.11, Penal Code, and
the professional has cause to believe that the child has been abused
as defined by Section 261.001 or 261.401, the professional shall
make a report not later than the 48th hour after the hour the
professional first suspects that the child has been or may be abused
or neglected or is a victim of an offense under Section 21.11, Penal
Code. A professional may not delegate to or rely on another person
to make the report. In this subsection, "professional" means an
individual who is licensed or certified by the state or who is an
employee of a facility licensed, certified, or operated by the
state and who, in the normal course of official duties or duties for
which a license or certification is required, has direct contact
with children. The term includes teachers, principals, charter
school directors, nurses, doctors, day-care employees, employees
of a clinic or health care facility that provides reproductive
services, juvenile probation officers, and juvenile detention or
correctional officers.
SECTION 2.25. Section 261.103, Family Code, is amended by
adding Subsection (d) to read as follows:
(d) The child protective services division of the
department shall develop a system that allows an education
professional to report anonymously to the division under Subsection
(a)(2) or Subsection (c) using a unique number or other identifier
provided by the division. The unique number or identifier must
allow the education professional to document the making of the
report and to verify that the department has responded to the
report. In this subsection, "education professional" means:
(1) a person who is required to hold a certificate or
permit issued under Subchapter B, Chapter 21, Education Code; or
(2) a person who is not required to hold a certificate
or permit issued under Subchapter B, Chapter 21, Education Code,
but is employed by or serves as a teacher, librarian, educational
aide, administrator, or school counselor or in any other position
with direct, unsupervised contact with students for an
open-enrollment charter school or school district.
SECTION 2.26. Section 21.12, Penal Code, is amended by
amending Subsections (a) and (d) and adding Subsection (a-1) to
read as follows:
(a) An employee of a public or private primary or secondary
school commits an offense if the employee:
(1) engages in sexual contact, sexual intercourse, or
deviate sexual intercourse with a person who is enrolled in a public
or private primary or secondary school at which the employee works;
(2) holds a certificate or permit issued as provided
by Subchapter B, Chapter 21, Education Code, or is a person who is
required to be licensed by a state agency as provided by Section
21.003(b), Education Code, and engages in sexual contact, sexual
intercourse, or deviate sexual intercourse with a person the
employee knows is:
(A) enrolled in a public primary or secondary
school in a [the same] school district in this state [as the school
at which the employee works]; or
(B) a student participant in an educational
activity that is sponsored by a school district or a public or
private primary or secondary school, if:
(i) students enrolled in a public or
private primary or secondary school are the primary participants in
the activity; and
(ii) the employee provides education
services to those participants; or
(3) engages in conduct described by Section 33.021,
with a person described by Subdivision (1), or a person the employee
knows is a person described by Subdivision (2)(A) or (B),
regardless of the age of that person.
(a-1) Subsection (a) applies to a person who is employed by
or serves as a teacher, librarian, educational aide, administrator,
peace officer, or school counselor for a charter school under
Chapter 12, Education Code, or a district of innovation under
Chapter 12A, Education Code, as though the person was an employee of
a public or private primary or secondary school.
(d) The name of a person who is enrolled in a public or
private primary or secondary school and involved in an improper
relationship with an educator or other person as provided by
Subsection (a) or (a-1) may not be released to the public and is not
public information under Chapter 552, Government Code.
ARTICLE 3. PENSION REVOCATION
SECTION 3.01. Article 42.01, Code of Criminal Procedure, is
amended by adding Section 12 to read as follows:
Sec. 12. In addition to the information described by
Section 1, the judgment should reflect affirmative findings entered
under Article 42.0192.
SECTION 3.02. Chapter 42, Code of Criminal Procedure, is
amended by adding Article 42.0192 to read as follows:
Art. 42.0192. FINDING REGARDING OFFENSE RELATED TO
PERFORMANCE OF PUBLIC SERVICE. (a) In the trial of an offense
described by Section 814.013 or 824.009, Government Code, the judge
shall make an affirmative finding of fact and enter the affirmative
finding in the judgment in the case if the judge determines that the
offense committed was related to the defendant's employment
described by Section 814.013(a) or 824.009(a), Government Code,
while a member of the Employees Retirement System of Texas or the
Teacher Retirement System of Texas.
(b) A judge that makes the affirmative finding described by
this article shall make the determination and enter the order
required by Section 814.013(k) or 824.009(k), Government Code, as
applicable.
SECTION 3.03. Subchapter A, Chapter 814, Government Code,
is amended by adding Section 814.013 to read as follows:
Sec. 814.013. CERTAIN EMPLOYEES AND ANNUITANTS INELIGIBLE
FOR RETIREMENT ANNUITY; RESUMPTION OR RESTORATION OF ELIGIBILITY.
(a) This section applies only to a person who is a member or an
annuitant of the retirement system and is or was an employee of the
Texas Juvenile Justice Department in one of that department's
institutional schools who, as defined by rule of the board of
trustees, has or had regular, direct contact with students.
(b) To the extent ordered by a court under Subsection (k), a
person is not eligible to receive a full service retirement annuity
from the retirement system if the person is finally convicted of an
offense the victim of which is a student who is a minor and the
offense:
(1) arises from the person's employment described by
Subsection (a) while a member of the retirement system; and
(2) is punishable as a felony under the following
sections of the Penal Code:
(A) Section 15.01 (criminal attempt), Section
15.02 (criminal conspiracy), Section 15.03 (criminal
solicitation), or Section 15.031 (criminal solicitation of a
minor);
(B) Section 19.02 (murder), Section 19.03
(capital murder), Section 19.04 (manslaughter), or Section 19.05
(criminally negligent homicide);
(C) Section 20.02 (unlawful restraint);
(D) Section 20.03 (kidnapping) or Section 20.04
(aggravated kidnapping);
(E) Section 20.05 (smuggling of persons);
(F) Section 20A.02 (trafficking of persons);
(G) Section 21.02 (continuous sexual abuse of
young child or children);
(H) Section 21.11 (indecency with a child);
(I) Section 21.12 (improper relationship between
educator and student);
(J) Section 22.01 (assault);
(K) Section 22.011 (sexual assault) or Section
22.021 (aggravated sexual assault);
(L) Section 22.04 (injury to a child, elderly
individual, or disabled individual);
(M) Section 22.041 (abandoning or endangering
child);
(N) Section 33.021 (online solicitation of a
minor);
(O) Section 43.05 (compelling prostitution);
(P) Section 43.25 (sexual performance by a
child); or
(Q) Section 43.251 (employment harmful to
children).
(c) To the extent ordered by a court under Subsection (k),
the retirement system shall suspend making full annuity payments to
a person who is not eligible to receive a full service retirement
annuity under Subsection (b) on receipt by the retirement system of
notice and the terms of the person's conviction.
(d) The retirement system shall resume making full annuity
payments if the person made ineligible for a full annuity under
Subsection (b):
(1) is subsequently found to be not guilty of the
offense; or
(2) meets the requirements for innocence under Section
103.001(a)(2), Civil Practice and Remedies Code.
(e) The retirement system as applicable shall:
(1) for a person whose full annuity payments are
resumed under Subsection (d), reimburse the person for any portion
of the annuity payments withheld during a period of suspension; or
(2) restore the full eligibility of a person convicted
of an offense described by Subsection (b) to receive a service
retirement annuity, including the restoration of all service
credits accrued by the person before the conviction, if the person
satisfies the condition under Subsection (d)(1) or (2).
(f) Except as provided by Subsection (g), a person convicted
of an offense described by Subsection (b) whose eligibility for a
service retirement annuity is not fully restored under Subsection
(e)(2) is eligible to accrue service credit toward a service
retirement annuity from the retirement system if the person:
(1) was placed on community supervision for the
offense for which the person was convicted and:
(A) successfully completed the period of
community supervision; and
(B) received a discharge and dismissal under
Article 42A.701, Code of Criminal Procedure; or
(2) was sentenced to serve a term of confinement in a
penal institution for the offense for which the person was
convicted and completely discharged the person's sentence,
including any term of confinement and any period of parole or other
form of conditional release.
(g) In determining a person's eligibility for retirement
benefits under Subsection (f), the retirement system may include
only those service credits that were:
(1) accrued by the person before the person's
conviction for an offense described by Subsection (b) and remaining
after conviction of the offense; or
(2) earned after fulfilling the requirements under
Subsection (f).
(h) Except as provided by Subsection (i), a person who is
not eligible to receive a full service retirement annuity under
Subsection (b) is entitled to request and receive a refund of the
person's retirement annuity contributions, not including any
interest earned on those contributions. A person who accepts a
refund under this subsection terminates the person's membership in
the retirement system.
(i) Benefits payable to an alternate payee under Chapter
804, including a spouse or dependent child, are not affected by a
person's ineligibility to receive a full service retirement annuity
under Subsection (b).
(j) The board of trustees may adopt rules and procedures to
implement this section.
(k) A court shall:
(1) determine and order as applicable for a person
convicted of an offense described by Subsection (b) the amount by
which the person's:
(A) service retirement annuity payments are to be
reduced; or
(B) accrued service credits are to be reduced;
and
(2) notify the retirement system of the terms of a
conviction ordered under Subdivision (1).
SECTION 3.04. Subchapter A, Chapter 824, Government Code,
is amended by adding Section 824.009 to read as follows:
Sec. 824.009. CERTAIN EMPLOYEES AND ANNUITANTS INELIGIBLE
FOR RETIREMENT ANNUITY; RESUMPTION OR RESTORATION OF ELIGIBILITY.
(a) This section applies only to a person who is a member or an
annuitant of the retirement system and is or was an employee who, as
defined by rule of the board of trustees, has or had regular, direct
contact with students.
(b) To the extent ordered by a court under Subsection (k), a
person is not eligible to receive a full service retirement annuity
from the retirement system if the person is finally convicted of an
offense the victim of which is a student who is a minor and the
offense:
(1) arises from the person's employment described by
Subsection (a) while a member of the retirement system; and
(2) is punishable as a felony under the following
sections of the Penal Code:
(A) Section 15.01 (criminal attempt), Section
15.02 (criminal conspiracy), Section 15.03 (criminal
solicitation), or Section 15.031 (criminal solicitation of a
minor);
(B) Section 19.02 (murder), Section 19.03
(capital murder), Section 19.04 (manslaughter), or Section 19.05
(criminally negligent homicide);
(C) Section 20.02 (unlawful restraint);
(D) Section 20.03 (kidnapping) or Section 20.04
(aggravated kidnapping);
(E) Section 20.05 (smuggling of persons);
(F) Section 20A.02 (trafficking of persons);
(G) Section 21.02 (continuous sexual abuse of
young child or children);
(H) Section 21.11 (indecency with a child);
(I) Section 21.12 (improper relationship between
educator and student);
(J) Section 22.01 (assault);
(K) Section 22.011 (sexual assault) or Section
22.021 (aggravated sexual assault);
(L) Section 22.04 (injury to a child, elderly
individual, or disabled individual);
(M) Section 22.041 (abandoning or endangering
child);
(N) Section 33.021 (online solicitation of a
minor);
(O) Section 43.05 (compelling prostitution);
(P) Section 43.25 (sexual performance by a
child); or
(Q) Section 43.251 (employment harmful to
children).
(c) To the extent ordered by a court under Subsection (k),
the retirement system shall suspend making full annuity payments to
a person who is not eligible to receive a full service retirement
annuity under Subsection (b) on receipt by the retirement system of
notice and the terms of the person's conviction.
(d) The retirement system shall resume making full annuity
payments if the person made ineligible for a full annuity under
Subsection (b):
(1) is subsequently found to be not guilty of the
offense; or
(2) meets the requirements for innocence under Section
103.001(a)(2), Civil Practice and Remedies Code.
(e) The retirement system as applicable shall:
(1) for a person whose full annuity payments are
resumed under Subsection (d), reimburse the person for any portion
of the annuity payments withheld during a period of suspension; or
(2) restore the full eligibility of a person convicted
of an offense described by Subsection (b) to receive a service
retirement annuity, including the restoration of all service
credits accrued by the person before the conviction, if the person
satisfies the condition under Subsection (d)(1) or (2).
(f) Except as provided by Subsection (g), a person convicted
of an offense described by Subsection (b) whose eligibility for a
service retirement annuity is not fully restored under Subsection
(e)(2) is eligible to accrue service credit toward a service
retirement annuity from the retirement system if the person:
(1) was placed on community supervision for the
offense for which the person was convicted and:
(A) successfully completed the period of
community supervision; and
(B) received a discharge and dismissal under
Article 42A.701, Code of Criminal Procedure; or
(2) was sentenced to serve a term of confinement in a
penal institution for the offense for which the person was
convicted and completely discharged the person's sentence,
including any term of confinement and any period of parole or other
form of conditional release.
(g) In determining a person's eligibility for retirement
benefits under Subsection (f), the retirement system may include
only those service credits that were:
(1) accrued by the person before the person's
conviction for an offense described by Subsection (b) and remaining
after conviction of the offense; or
(2) earned after fulfilling the requirements under
Subsection (f).
(h) Except as provided by Subsection (i), a person who is
not eligible to receive a full service retirement annuity under
Subsection (b) is entitled to request and receive a refund of the
person's retirement annuity contributions, not including any
interest earned on those contributions. A person who accepts a
refund under this subsection terminates the person's membership in
the retirement system.
(i) Benefits payable to an alternate payee under Chapter
804, including a spouse or dependent child, are not affected by a
person's ineligibility to receive a full service retirement annuity
under Subsection (b).
(j) The board of trustees may adopt rules and procedures to
implement this section.
(k) A court shall:
(1) determine and order as applicable for a person
convicted of an offense described by Subsection (b) the amount by
which the person's:
(A) service retirement annuity payments are to be
reduced; or
(B) accrued service credits are to be reduced;
and
(2) notify the retirement system of the terms of a
conviction ordered under Subdivision (1).
ARTICLE 4. IMPLEMENTATION; EFFECTIVE DATES
SECTION 4.01. As soon as practicable, but not later than
September 1, 2017:
(1) the Texas Education Agency shall establish the
registry required under Section 22.088, Education Code, as added by
this Act; and
(2) each school district and open-enrollment charter
school shall adopt and implement the policy required under Section
38.00415(d), Education Code, as added by this Act.
SECTION 4.02. Section 38.00415(c), Education Code, as added
by this Act, applies only to an offense committed on or after the
effective date of this Act. An offense committed before the
effective date of this Act is governed by the law in effect on the
date the offense was committed, and the former law is continued in
effect for that purpose. For purposes of this section, an offense
was committed before the effective date of this Act if any element
of the offense occurred before that date.
SECTION 4.03. Not later than January 1, 2018, the child
protective services division of the Department of Family and
Protective Services shall develop and implement the system required
by Section 261.103(d), Family Code, as added by this Act.
SECTION 4.04. The change in law made by this Act to Section
21.12(a), Penal Code, applies only to an offense committed on or
after the effective date of this Act. An offense committed before
the effective date of this Act is governed by the law in effect on
the date the offense was committed, and the former law is continued
in effect for that purpose. For purposes of this section, an
offense was committed before the effective date of this Act if any
element of the offense occurred before that date.
SECTION 4.05. Section 21.12(a-1), Penal Code, as added by
this Act, applies only to an offense committed on or after the
effective date of this Act. An offense committed before the
effective date of this Act is governed by the law in effect on the
date the offense was committed, and the former law is continued in
effect for that purpose. For purposes of this section, an offense
was committed before the effective date of this Act if any element
of the offense occurred before that date.
SECTION 4.06. The changes in law made by Sections 2.05,
2.07, 2.09, and 2.16 of this Act apply beginning with the 2017-2018
school year.
SECTION 4.07. Section 12, Article 42.01, Code of Criminal
Procedure, and Article 42.0192, Code of Criminal Procedure, as
added by this Act, apply only to a judgment of conviction entered on
or after the effective date of this Act.
SECTION 4.08. Sections 814.013 and 824.009, Government
Code, as added by this Act, apply only to an offense committed on or
after the effective date of rules adopted in accordance with
Section 4.09 of this article. An offense committed before that date
is governed by the law in effect on the date the offense was
committed, and the former law is continued in effect for that
purpose. For purposes of this section, an offense was committed
before the effective date of rules adopted in accordance with
Section 4.09 of this article if any element of the offense occurred
before that date.
SECTION 4.09. (a) Not later than December 31, 2017, for
the purposes of Section 814.013(a), Government Code, as added by
this Act, the board of trustees of the Employees Retirement System
of Texas by rule shall define which employee positions at the
institutional schools of the Texas Juvenile Justice Department
include regular, direct contact with students.
(b) Not later than December 31, 2017, for the purposes of
Section 824.009(a), Government Code, as added by this Act, the
board of trustees of the Teacher Retirement System of Texas by rule
shall define which employee positions include regular, direct
contact with students.
SECTION 4.10. (a) Except as provided by Subsection (b) of
this section, this Act takes effect immediately if it receives a
vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.
(b) Section 12.1059, Education Code, as amended by this Act,
takes effect January 1, 2018.