86R291 GCB-F
By: Meyer H.B. No. 2738
A BILL TO BE ENTITLED
AN ACT
relating to employing, terminating, and reporting the misconduct of
public school personnel and related entity personnel, including
creating a registry of persons ineligible for hire; creating
criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.028(a), Education Code, is amended to
read as follows:
(a) Except as provided by Section 21.006(k), 22.092(l),
22.094, 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 Chapters 39 and 39A.
SECTION 2. 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) criminal history records under Subchapter C,
Chapter 22;
(C) high school graduation under Section 28.025;
(D) special education programs under Subchapter
A, Chapter 29;
(E) bilingual education under Subchapter B,
Chapter 29;
(F) prekindergarten programs under Subchapter E,
Chapter 29;
(G) extracurricular activities under Section
33.081;
(H) health and safety under Chapter 38; [and]
(I) public school accountability under
Subchapters B, C, D, F, and J, Chapter 39, and Chapter 39A;
(J) reporting misconduct under Sections 21.006
and 22.092; and
(K) the duty to discharge or refuse to hire
certain employees or applicants for employment under Section
12.1059, 22.085, or 22.091.
SECTION 3. Section 12.1059, Education Code, is amended to
read as follows:
Sec. 12.1059. REQUIREMENTS [AGENCY APPROVAL REQUIRED] FOR
EMPLOYMENT OF CERTAIN EMPLOYEES. A person may not be employed by or
serve as a teacher, librarian, educational aide, administrator, or
school counselor for an open-enrollment charter school unless:
(1) the person has been approved by the agency
following a review of the person's national criminal history record
information as provided by Section 22.0832; and
(2) the school has confirmed that the person is not
included in the registry under Section 22.091.
SECTION 4. Section 12.115(a), Education Code, is amended to
read as follows:
(a) Except as provided by Subsection (c), the commissioner
shall revoke the charter of an open-enrollment charter school or
reconstitute the governing body of the charter holder if the
commissioner determines that the charter holder:
(1) committed a material violation of the charter,
including by a failure to:
(A) satisfy accountability provisions prescribed
by the charter; or
(B) comply with the duty to discharge or refuse
to hire certain employees or applicants for employment, as provided
by Section 12.1151;
(2) failed to satisfy generally accepted accounting
standards of fiscal management;
(3) failed to protect the health, safety, or welfare
of the students enrolled at the school;
(4) failed to comply with this subchapter or another
applicable law or rule;
(5) failed to satisfy the performance framework
standards adopted under Section 12.1181; or
(6) is imminently insolvent as determined by the
commissioner in accordance with commissioner rule.
SECTION 5. Subchapter D, Chapter 12, Education Code, is
amended by adding Section 12.1151 to read as follows:
Sec. 12.1151. FAILURE TO DISCHARGE OR REFUSE TO HIRE
CERTAIN EMPLOYEES OR APPLICANTS. An open-enrollment charter school
commits a material violation of the school's charter if the school
fails to comply with the duty to discharge or refuse to hire certain
employees or applicants for employment under Section 12.1059,
22.085, or 22.091.
SECTION 6. Section 12A.008, Education Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) The commissioner may terminate a district's
designation as a district of innovation if the district fails to
comply with the duty to discharge or refuse to hire certain
employees or applicants for employment under Section 12.1059,
applicable to the district under Section 12A.004(a)(1), or Section
22.085 or 22.091.
SECTION 7. Section 21.006, Education Code, is amended by
adding Subsection (k) to read as follows:
(k) The commissioner may review the records of a school
district, district of innovation, open-enrollment charter school,
regional education service center, or shared services arrangement
to ensure compliance with the requirement to report misconduct
under this section.
SECTION 8. Subchapter B, Chapter 21, Education Code, is
amended by adding Section 21.0585 to read as follows:
Sec. 21.0585. NOTICE TO AGENCY REGARDING REVOCATION OF
CERTIFICATE OR PERMIT FOR CERTAIN MISCONDUCT. The board shall
promptly notify the agency for purposes of Section 22.091 if the
board revokes a certificate or permit of a person on a finding that
the person engaged in misconduct described by Section
21.006(b)(2)(A) or (A-1).
SECTION 9. Subchapter C, Chapter 22, Education Code, is
amended by adding Section 22.0815 to read as follows:
Sec. 22.0815. APPLICABILITY OF SUBCHAPTER TO DISTRICTS OF
INNOVATION. (a) A district of innovation is subject to a
prohibition, restriction, or requirement imposed by this
subchapter on an open-enrollment charter school.
(b) The failure of a district of innovation to provide
information required under Section 22.0832 may result in
termination of the district's designation as a district of
innovation.
SECTION 10. Section 22.085, Education Code, is amended by
amending Subsection (a) and adding Subsection (g) 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,
if the victim of the offense was under 18 years of age at the time
the offense was committed;
(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) [Paragraph (A)] or (2) [(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].
(g) A school district, open-enrollment charter school, or
shared services arrangement shall promptly notify the agency for
purposes of Section 22.091 that the district, school, or shared
services arrangement discharged or refused to hire an employee or
applicant for employment as provided by this section. A school
district, open-enrollment charter school, or shared services
arrangement is not required to comply with this subsection if the
district, school, or shared services arrangement was notified by
the agency that the person must be discharged or may not be hired as
provided by this section pursuant to a review of the person's
criminal history record information by the agency.
SECTION 11. Chapter 22, Education Code, is amended by
adding Subchapter C-1 to read as follows:
SUBCHAPTER C-1. PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC
SCHOOLS
Sec. 22.091. REGISTRY OF PERSONS NOT ELIGIBLE FOR
EMPLOYMENT IN PUBLIC SCHOOLS. (a) The agency shall maintain and
make available to appropriate hiring entities a registry of persons
who are not eligible to be employed by a school district, district
of innovation, open-enrollment charter school, regional education
service center, or shared services arrangement.
(b) A school district, district of innovation,
open-enrollment charter school, regional education service center,
or shared services arrangement shall discharge or refuse to hire a
person listed on the registry maintained under this section.
(c) The registry maintained under this section must list the
following persons as not eligible to be employed by public schools:
(1) a person determined by the agency under Section
22.0832 as a person who would not be eligible for educator
certification under Subchapter B, Chapter 21;
(2) a person who is not eligible for employment based
on the person's criminal history record information review, as
provided by Section 22.085;
(3) a person who is not eligible for employment based
on criminal history record information received by the agency under
Section 21.058(b);
(4) a person whose certification or permit issued
under Subchapter B, Chapter 21, is revoked by the State Board for
Educator Certification on a finding that the person engaged in
misconduct described by Section 21.006(b)(2)(A) or (A-1); and
(5) a person who is determined by the commissioner
under Section 22.093 to have engaged in misconduct described by
Section 22.092(c)(1)(A) or (B).
(d) The agency shall adopt rules as necessary to implement
this section.
Sec. 22.092. REQUIREMENT TO REPORT EMPLOYEE MISCONDUCT.
(a) In this section, "abuse" has the meaning assigned by Section
261.001, Family Code, and includes any sexual conduct involving a
student or minor.
(b) This section applies to a person who is employed by a
school district, district of innovation, open-enrollment charter
school, regional education service center, or shared services
arrangement and who does not hold a certification or permit issued
under Subchapter B, Chapter 21.
(c) In addition to the reporting requirement under Section
261.101, Family Code, 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 commissioner if:
(1) an employee'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
employee:
(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
(2) the employee resigned and there is evidence that
the employee engaged in misconduct described by Subdivision (1).
(d) A superintendent or director of a school district,
district of innovation, open-enrollment charter school, regional
education service center, or shared services arrangement shall
complete an investigation of an employee that involves evidence
that the employee may have engaged in misconduct described by
Subsection (c)(1)(A) or (B), despite the employee's resignation
from employment before completion of the investigation.
(e) The principal of a school district, district of
innovation, or open-enrollment charter school campus must notify
the superintendent or director of the school district, district of
innovation, or charter school not later than the seventh business
day after the date of an employee's termination of employment or
resignation following an alleged incident of misconduct described
by Subsection (c)(1).
(f) The superintendent or director must notify the
commissioner by filing a report with the commissioner not later
than the seventh business day after the date the superintendent or
director receives a report from a principal under Subsection (e) or
knew about an employee's termination of employment or resignation
following an alleged incident of misconduct described by Subsection
(c)(1). The report must be:
(1) in writing; and
(2) in a form prescribed by the commissioner.
(g) The superintendent or director shall notify the board of
trustees or governing body of the school district, district of
innovation, open-enrollment charter school, regional education
service center, or shared services arrangement and the employee of
the filing of the report required by Subsection (f).
(h) A superintendent or director who in good faith and while
acting in an official capacity files a report with the commissioner
under Subsection (f) or a principal who in good faith and while
acting in an official capacity notifies a superintendent or
director under Subsection (e) is immune from civil or criminal
liability that might otherwise be incurred or imposed.
(i) The commissioner shall refer an educator who fails to
file a report in violation of Subsection (f) to the State Board for
Educator Certification, and the board shall determine whether to
impose sanctions against the educator.
(j) The name of a student or minor who is the victim of abuse
or unlawful conduct by an employee 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.
(k) A superintendent or director required to file a report
under Subsection (f) commits an offense if the superintendent or
director fails to file the report by the date required by that
subsection with intent to conceal an employee's criminal record or
alleged incident of misconduct. A principal required to notify a
superintendent or director about an employee's alleged incident of
misconduct under Subsection (e) commits an offense if the principal
fails to provide the notice by the date required by that subsection
with intent to conceal an employee's alleged incident of
misconduct. An offense under this subsection is a state jail
felony.
(l) The commissioner may review the records of a school
district, district of innovation, open-enrollment charter school,
regional education service center, or shared services arrangement
to ensure compliance with the requirement to report misconduct
under this section.
(m) The commissioner shall adopt rules as necessary to
implement this section.
Sec. 22.093. NOTICE OF ALLEGED MISCONDUCT; INVESTIGATION;
HEARING. (a) A person who is the subject of a report that alleges
misconduct described by Section 22.092(c)(1)(A) or (B) is entitled
to a hearing under the procedures provided by Chapter 2001,
Government Code, to contest the allegation in the report.
(b) On receiving a report filed under Section 22.092(f), the
commissioner shall promptly send to the person who is the subject of
the report a notice that includes:
(1) a statement informing the person that the person
must request a hearing within the period provided by Subsection
(c);
(2) a request that the person submit a response within
the period provided by Subsection (c) to show cause why the
commissioner should not pursue an investigation; and
(3) a statement informing the person that if the
person does not timely submit a response to show cause as provided
by Subdivision (2), the agency shall provide information indicating
the person is under investigation in the manner provided by
Subsection (d).
(c) A person entitled to a hearing under Subsection (a) must
request a hearing and submit a response to show cause not later than
the 10th day after the date the person receives the notice from the
commissioner provided under Subsection (b).
(d) If a person who receives notice provided under
Subsection (b) does not timely submit a response to show cause why
the commissioner should not pursue an investigation, the
commissioner shall instruct the agency to provide information
indicating the person is under investigation for alleged misconduct
to a school district, district of innovation, open-enrollment
charter school, or shared services arrangement that makes an
inquiry to the agency with respect to a national criminal history
record information review of the person under Section 22.0832 or
22.0833.
(e) If a person entitled to a hearing under Subsection (a)
does not request a hearing as provided by Subsection (c), the
commissioner shall:
(1) based on the report filed under Section 22.092(f),
make a determination whether the person engaged in misconduct; and
(2) if the commissioner determines that the person
engaged in misconduct described by Section 22.092(c)(1)(A) or (B),
instruct the agency to add the person's name to the registry
maintained under Section 22.091.
(f) If a person entitled to a hearing under Subsection (a)
requests a hearing as provided by Subsection (c) and the final
decision in that hearing determines that the person engaged in
misconduct described by Section 22.092(c)(1)(A) or (B), the
commissioner shall instruct the agency to add the person's name to
the registry maintained under Section 22.091.
(g) If a person entitled to a hearing under Subsection (a)
requests a hearing as provided by Subsection (c) and the final
decision in that hearing determines that the person did not engage
in misconduct described by Section 22.092(c)(1)(A) or (B), the
commissioner shall instruct the agency to immediately discontinue
providing the information under Subsection (d) indicating that the
person is under investigation for alleged misconduct.
(h) The commissioner shall adopt rules as necessary to
implement this section.
Sec. 22.094. COMPLIANCE MONITORING. The agency shall
periodically conduct site visits and review the records of school
districts, districts of innovation, open-enrollment charter
schools, and shared services arrangements to ensure compliance with
Section 22.091(b).
SECTION 12. Section 39.0302(a), Education Code, is 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 21.006(k), 22.092(l), or 22.094, 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.
SECTION 13. The Texas Education Agency shall establish the
registry of persons who are not eligible to be employed by a school
district, district of innovation, open-enrollment charter school,
regional education service center, or shared services arrangement,
as required by Section 22.091, Education Code, as added by this Act,
as soon as practicable and not later than January 1, 2020.
SECTION 14. This Act takes effect September 1, 2019.