| 1 | 1 | | 86R5034 JES-F |
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| 2 | 2 | | By: King of Hemphill H.B. No. 1664 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the requirement of certain administrators of certain |
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| 8 | 8 | | educational entities to report certain educator misconduct to the |
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| 9 | 9 | | State Board for Educator Certification. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 21.006, Education Code, is amended by |
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| 12 | 12 | | amending Subsections (b) and (c) and adding Subsection (c-2) to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | (b) In addition to the reporting requirement under Section |
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| 15 | 15 | | 261.101, Family Code, and except as provided by Subsection (c-2), |
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| 16 | 16 | | the superintendent or director of a school district, district of |
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| 17 | 17 | | innovation, open-enrollment charter school, regional education |
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| 18 | 18 | | service center, or shared services arrangement shall notify the |
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| 19 | 19 | | State Board for Educator Certification if: |
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| 20 | 20 | | (1) an educator employed by or seeking employment by |
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| 21 | 21 | | the school district, district of innovation, charter school, |
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| 22 | 22 | | service center, or shared services arrangement has a criminal |
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| 23 | 23 | | record and the school district, district of innovation, charter |
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| 24 | 24 | | school, service center, or shared services arrangement obtained |
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| 25 | 25 | | information about the educator's criminal record by a means other |
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| 26 | 26 | | than the criminal history clearinghouse established under Section |
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| 27 | 27 | | 411.0845, Government Code; |
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| 28 | 28 | | (2) an educator's employment at the school district, |
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| 29 | 29 | | district of innovation, charter school, service center, or shared |
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| 30 | 30 | | services arrangement was terminated and there is evidence that the |
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| 31 | 31 | | educator: |
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| 32 | 32 | | (A) abused or otherwise committed an unlawful act |
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| 33 | 33 | | with a student or minor; |
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| 34 | 34 | | (A-1) was involved in a romantic relationship |
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| 35 | 35 | | with or solicited or engaged in sexual contact with a student or |
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| 36 | 36 | | minor; |
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| 37 | 37 | | (B) possessed, transferred, sold, or distributed |
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| 38 | 38 | | a controlled substance, as defined by Chapter 481, Health and |
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| 39 | 39 | | Safety Code, or by 21 U.S.C. Section 801 et seq.; |
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| 40 | 40 | | (C) illegally transferred, appropriated, or |
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| 41 | 41 | | expended funds or other property of the school district, district |
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| 42 | 42 | | of innovation, charter school, service center, or shared services |
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| 43 | 43 | | arrangement; |
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| 44 | 44 | | (D) attempted by fraudulent or unauthorized |
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| 45 | 45 | | means to obtain or alter a professional certificate or license for |
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| 46 | 46 | | the purpose of promotion or additional compensation; or |
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| 47 | 47 | | (E) committed a criminal offense or any part of a |
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| 48 | 48 | | criminal offense on school property or at a school-sponsored event; |
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| 49 | 49 | | (3) the educator resigned and there is evidence that |
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| 50 | 50 | | the educator engaged in misconduct described by Subdivision (2); or |
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| 51 | 51 | | (4) the educator engaged in conduct that violated the |
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| 52 | 52 | | assessment instrument security procedures established under |
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| 53 | 53 | | Section 39.0301. |
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| 54 | 54 | | (c) Except as provided by Subsection (c-2), the [The] |
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| 55 | 55 | | superintendent or director must notify the State Board for Educator |
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| 56 | 56 | | Certification by filing a report with the board not later than the |
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| 57 | 57 | | seventh business day after the date the superintendent or director |
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| 58 | 58 | | receives a report from a principal under Subsection (b-2) or knew |
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| 59 | 59 | | about an educator's termination of employment or resignation |
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| 60 | 60 | | following an alleged incident of misconduct described by Subsection |
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| 61 | 61 | | (b) or an employee's criminal record under Subsection (b)(1). |
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| 62 | 62 | | (c-2) A superintendent or director of a school district, |
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| 63 | 63 | | district of innovation, open-enrollment charter school, regional |
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| 64 | 64 | | education service center, or shared services arrangement is not |
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| 65 | 65 | | required to notify the State Board for Educator Certification or |
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| 66 | 66 | | file a report with the board under Subsections (b) and (c) if the |
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| 67 | 67 | | superintendent or director: |
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| 68 | 68 | | (1) completes an investigation into an educator's |
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| 69 | 69 | | alleged incident of misconduct described by Subsection (b) before |
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| 70 | 70 | | the educator's termination of employment or resignation; and |
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| 71 | 71 | | (2) determines the educator did not engage in the |
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| 72 | 72 | | alleged incident of misconduct described by Subsection (b). |
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| 73 | 73 | | SECTION 2. This Act applies beginning with the 2019-2020 |
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| 74 | 74 | | school year. |
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| 75 | 75 | | SECTION 3. This Act takes effect immediately if it receives |
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| 76 | 76 | | a vote of two-thirds of all the members elected to each house, as |
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| 77 | 77 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 78 | 78 | | Act does not receive the vote necessary for immediate effect, this |
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| 79 | 79 | | Act takes effect September 1, 2019. |
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