Texas 2017 - 85th 1st C.S.

Texas Senate Bill SB84 Compare Versions

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

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1	1	85S10074 MEW-D
2	2	By: Bettencourt S.B. No. 84
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the oversight of public education, including the
8	8	creation of the office of inspector general at the Texas Education
9	9	Agency.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 7, Education Code, is amended by adding
12	12	Subchapter E to read as follows:
13	13	SUBCHAPTER E. OFFICE OF INSPECTOR GENERAL
14	14	Sec. 7.151. DEFINITIONS. In this subchapter:
15	15	(1) "Fraud" means an intentional deception or
16	16	misrepresentation made by a person with the knowledge that the
17	17	deception could result in some unauthorized benefit to that person
18	18	or some other person. The term includes any act that constitutes
19	19	fraud under applicable federal or state law.
20	20	(2) "Office" means the office of inspector general
21	21	established under this subchapter.
22	22	Sec. 7.152. OFFICE OF INSPECTOR GENERAL. (a) The office
23	23	of inspector general is established as a division within the
24	24	agency.
25	25	(b) The commissioner shall appoint an inspector general to
26	26	serve as director of the office. The inspector general serves until
27	27	removed by the commissioner.
28	28	Sec. 7.153. GENERAL RESPONSIBILITIES. (a) The office is
29	29	responsible for the investigation, prevention, and detection of
30	30	criminal misconduct and wrongdoing and of fraud, waste, and abuse
31	31	in the administration of public education by:
32	32	(1) school districts, including school districts
33	33	described by Section 11.301(a);
34	34	(2) open-enrollment charter schools;
35	35	(3) regional education service centers;
36	36	(4) county systems described by Section 11.301(a); and
37	37	(5) other local education agencies in this state.
38	38	(b) The office shall investigate allegations of fraud,
39	39	waste, and abuse and violations of this code or other law.
40	40	(c) The office may:
41	41	(1) conduct criminal, civil, and administrative
42	42	investigations and initiate reviews of:
43	43	(A) a school district, including a school
44	44	district described by Section 11.301(a);
45	45	(B) an open-enrollment charter school;
46	46	(C) a regional education service center;
47	47	(D) a county system described by Section
48	48	11.301(a); or
49	49	(E) any other local education agency as
50	50	considered appropriate by the inspector general;
51	51	(2) receive and investigate complaints from any source
52	52	on its own initiative; and
53	53	(3) conduct special accreditation investigations
54	54	authorized by the commissioner under Section 39.057(a).
55	55	(d) The office shall perform all other duties and exercise
56	56	all other powers granted to the office by this subchapter or another
57	57	law.
58	58	Sec. 7.154. GENERAL POWERS. The office has all the powers
59	59	necessary or appropriate to carry out its responsibilities and
60	60	functions under this subchapter and other law.
61	61	Sec. 7.155. SUBPOENAS. (a) The inspector general may
62	62	issue a subpoena to compel the attendance of a relevant witness at a
63	63	hearing or deposition under this subchapter or to compel the
64	64	production, for inspection or copying, of books, papers, records,
65	65	documents, or other relevant materials, including electronic data,
66	66	in connection with an investigation, review, hearing, or deposition
67	67	conducted under this subchapter.
68	68	(b) A subpoena may be served personally or by certified
69	69	mail. If a person fails to comply with a subpoena, the inspector
70	70	general, acting through the attorney general, may file suit to
71	71	enforce the subpoena in a district court in this state.
72	72	(c) On finding that good cause exists for issuing the
73	73	subpoena, the court shall order the person to comply with the
74	74	subpoena. The court may hold in contempt a person who fails to obey
75	75	the court order.
76	76	Sec. 7.156. COOPERATION WITH LAW ENFORCEMENT OFFICIALS AND
77	77	OTHER ENTITIES. (a) The office may provide information and
78	78	evidence relating to criminal acts to the State Auditor's Office
79	79	and appropriate law enforcement officials.
80	80	(b) The office may refer matters for further civil,
81	81	criminal, and administrative action to appropriate administrative
82	82	and prosecutorial agencies, including the attorney general.
83	83	SECTION 2. Subchapter G, Chapter 11, Education Code, is
84	84	amended by adding Section 11.305 to read as follows:
85	85	Sec. 11.305. OVERSIGHT OF CERTAIN ENTITIES. (a) This
86	86	section only applies to a school district or county system
87	87	described by Section 11.301(a).
88	88	(b) Each school district or county system subject to this
89	89	section shall provide a report to the agency not later than February
90	90	27 of each year. The annual report must include:
91	91	(1) a summary of the district's or system's operations
92	92	for the preceding fiscal year; and
93	93	(2) the district's or system's audited financial
94	94	statements for the preceding fiscal year.
95	95	(c) The commissioner may direct the agency to investigate a
96	96	school district or county system subject to this section for
97	97	allegations of fraud, waste, or abuse.
98	98	(d) If, after an investigation described by Subsection (c),
99	99	the commissioner determines that the school district or county
100	100	system has engaged in fraud, waste, or abuse, and the district or
101	101	system does not timely correct the fraud, waste, or abuse to the
102	102	satisfaction of the commissioner, the commissioner may replace the
103	103	governing board of the district or system with a board of managers
104	104	in accordance with Chapter 39A.
105	105	(e) If a school district or county system subject to this
106	106	section discovers an instance of fraud, waste, or abuse, the
107	107	district or system shall report the fraud, waste, or abuse to the
108	108	agency not later than the 20th day after the date the fraud, waste,
109	109	or abuse is discovered.
110	110	(f) If a school district or county system fails to file an
111	111	annual report required under Subsection (b) or fails to report
112	112	fraud, waste, or abuse as required under Subsection (e), the
113	113	commissioner may replace the governing board of the district or
114	114	system with a board of managers in accordance with Chapter 39A and
115	115	rules adopted under that chapter.
116	116	(g) The commissioner may adopt rules as necessary to
117	117	implement this section.
118	118	SECTION 3. Section 39.057(a), Education Code, as effective
119	119	September 1, 2017, is amended to read as follows:
120	120	(a) The commissioner may authorize special accreditation
121	121	investigations to be conducted:
122	122	(1) when excessive numbers of absences of students
123	123	eligible to be tested on state assessment instruments are
124	124	determined;
125	125	(2) when excessive numbers of allowable exemptions
126	126	from the required state assessment instruments are determined;
127	127	(3) in response to complaints submitted to the agency
128	128	with respect to alleged violations of civil rights or other
129	129	requirements imposed on the state by federal law or court order;
130	130	(4) in response to established compliance reviews of
131	131	the district's financial accounting practices and state and federal
132	132	program requirements;
133	133	(5) when extraordinary numbers of student placements
134	134	in disciplinary alternative education programs, other than
135	135	placements under Sections 37.006 and 37.007, are determined;
136	136	(6) in response to an allegation involving a conflict
137	137	between members of the board of trustees or between the board and
138	138	the district administration if it appears that the conflict
139	139	involves a violation of a role or duty of the board members or the
140	140	administration clearly defined by this code;
141	141	(7) when excessive numbers of students in special
142	142	education programs under Subchapter A, Chapter 29, are assessed
143	143	through assessment instruments developed or adopted under Section
144	144	39.023(b);
145	145	(8) in response to an allegation regarding or an
146	146	analysis using a statistical method result indicating a possible
147	147	violation of an assessment instrument security procedure
148	148	established under Section 39.0301, including for the purpose of
149	149	investigating or auditing a school district under that section;
150	150	(9) when a significant pattern of decreased academic
151	151	performance has developed as a result of the promotion in the
152	152	preceding two school years of students who did not perform
153	153	satisfactorily as determined by the commissioner under Section
154	154	39.0241(a) on assessment instruments administered under Section
155	155	39.023(a), (c), or (l);
156	156	(10) when excessive numbers of students eligible to
157	157	enroll fail to complete an Algebra II course or any other advanced
158	158	course as determined by the commissioner;
159	159	(11) when resource allocation practices as evaluated
160	160	under Section 39.0821 indicate a potential for significant
161	161	improvement in resource allocation;
162	162	(12) when a disproportionate number of students of a
163	163	particular demographic group is graduating with a particular
164	164	endorsement under Section 28.025(c-1);
165	165	(13) when an excessive number of students is
166	166	graduating with a particular endorsement under Section
167	167	28.025(c-1);
168	168	(14) in response to a complaint submitted to the
169	169	agency with respect to alleged inaccurate data that is reported
170	170	through the Public Education Information Management System (PEIMS)
171	171	or through other reports required by state or federal law or rule or
172	172	court order and that is used by the agency to make a determination
173	173	relating to public school accountability, including accreditation,
174	174	under this chapter;
175	175	(15) when a school district for any reason fails to
176	176	produce, at the request of the agency, evidence or an investigation
177	177	report relating to an educator who is under investigation by the
178	178	State Board for Educator Certification; [or]
179	179	(16) by the office of inspector general for the
180	180	purpose of investigating allegations of fraud, waste, and abuse in
181	181	the administration of public education; or
182	182	(17) as the commissioner otherwise determines
183	183	necessary.
184	184	SECTION 4. This Act takes effect December 1, 2017.