86R5034 JES-F
By: King of Hemphill H.B. No. 1664
A BILL TO BE ENTITLED
AN ACT
relating to the requirement of certain administrators of certain
educational entities to report certain educator misconduct to the
State Board for Educator Certification.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.006, Education Code, is amended by
amending Subsections (b) and (c) and adding Subsection (c-2) to
read as follows:
(b) In addition to the reporting requirement under Section
261.101, Family Code, and except as provided by Subsection (c-2),
the superintendent or director of a school district, district of
innovation, 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 school district, district of innovation, charter school,
service center, or shared services arrangement has a criminal
record and the school district, district of innovation, charter
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 school district,
district of innovation, charter school, service center, or shared
services arrangement was terminated and there is 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 school district, district
of innovation, charter 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.
(c) Except as provided by Subsection (c-2), the [The]
superintendent or director must notify the State Board for Educator
Certification by filing a report with the board not later than the
seventh business day after the date the superintendent or director
receives a report from a principal under Subsection (b-2) or knew
about an educator's termination of employment or resignation
following an alleged incident of misconduct described by Subsection
(b) or an employee's criminal record under Subsection (b)(1).
(c-2) A superintendent or director of a school district,
district of innovation, open-enrollment charter school, regional
education service center, or shared services arrangement is not
required to notify the State Board for Educator Certification or
file a report with the board under Subsections (b) and (c) if the
superintendent or director:
(1) completes an investigation into an educator's
alleged incident of misconduct described by Subsection (b) before
the educator's termination of employment or resignation; and
(2) determines the educator did not engage in the
alleged incident of misconduct described by Subsection (b).
SECTION 2. This Act applies beginning with the 2019-2020
school year.
SECTION 3. 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, 2019.