Texas 2019 - 86th Regular

Texas House Bill HB2738 Compare Versions

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

Old	New	Differences
1	1	86R291 GCB-F
2	2	By: Meyer H.B. No. 2738
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to employing, terminating, and reporting the misconduct of
8	8	public school personnel and related entity personnel, including
9	9	creating a registry of persons ineligible for hire; creating
10	10	criminal offenses.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 7.028(a), Education Code, is amended to
13	13	read as follows:
14	14	(a) Except as provided by Section 21.006(k), 22.092(l),
15	15	22.094, 29.001(5), 29.010(a), or 39.057, the agency may monitor
16	16	compliance with requirements applicable to a process or program
17	17	provided by a school district, campus, program, or school granted
18	18	charters under Chapter 12, including the process described by
19	19	Subchapter F, Chapter 11, or a program described by Subchapter B, C,
20	20	D, E, F, H, or I, Chapter 29, Subchapter A, Chapter 37, or Section
21	21	38.003, and the use of funds provided for such a program under
22	22	Subchapter C, Chapter 42, only as necessary to ensure:
23	23	(1) compliance with federal law and regulations;
24	24	(2) financial accountability, including compliance
25	25	with grant requirements; and
26	26	(3) data integrity for purposes of:
27	27	(A) the Public Education Information Management
28	28	System (PEIMS); and
29	29	(B) accountability under Chapters 39 and 39A.
30	30	SECTION 2. Section 12.056(b), Education Code, is amended to
31	31	read as follows:
32	32	(b) A campus or program for which a charter is granted under
33	33	this subchapter is subject to:
34	34	(1) a provision of this title establishing a criminal
35	35	offense; and
36	36	(2) a prohibition, restriction, or requirement, as
37	37	applicable, imposed by this title or a rule adopted under this
38	38	title, relating to:
39	39	(A) the Public Education Information Management
40	40	System (PEIMS) to the extent necessary to monitor compliance with
41	41	this subchapter as determined by the commissioner;
42	42	(B) criminal history records under Subchapter C,
43	43	Chapter 22;
44	44	(C) high school graduation under Section 28.025;
45	45	(D) special education programs under Subchapter
46	46	A, Chapter 29;
47	47	(E) bilingual education under Subchapter B,
48	48	Chapter 29;
49	49	(F) prekindergarten programs under Subchapter E,
50	50	Chapter 29;
51	51	(G) extracurricular activities under Section
52	52	33.081;
53	53	(H) health and safety under Chapter 38; [and]
54	54	(I) public school accountability under
55	55	Subchapters B, C, D, F, and J, Chapter 39, and Chapter 39A;
56	56	(J) reporting misconduct under Sections 21.006
57	57	and 22.092; and
58	58	(K) the duty to discharge or refuse to hire
59	59	certain employees or applicants for employment under Section
60	60	12.1059, 22.085, or 22.091.
61	61	SECTION 3. Section 12.1059, Education Code, is amended to
62	62	read as follows:
63	63	Sec. 12.1059. REQUIREMENTS [AGENCY APPROVAL REQUIRED] FOR
64	64	EMPLOYMENT OF CERTAIN EMPLOYEES. A person may not be employed by or
65	65	serve as a teacher, librarian, educational aide, administrator, or
66	66	school counselor for an open-enrollment charter school unless:
67	67	(1) the person has been approved by the agency
68	68	following a review of the person's national criminal history record
69	69	information as provided by Section 22.0832; and
70	70	(2) the school has confirmed that the person is not
71	71	included in the registry under Section 22.091.
72	72	SECTION 4. Section 12.115(a), Education Code, is amended to
73	73	read as follows:
74	74	(a) Except as provided by Subsection (c), the commissioner
75	75	shall revoke the charter of an open-enrollment charter school or
76	76	reconstitute the governing body of the charter holder if the
77	77	commissioner determines that the charter holder:
78	78	(1) committed a material violation of the charter,
79	79	including by a failure to:
80	80	(A) satisfy accountability provisions prescribed
81	81	by the charter; or
82	82	(B) comply with the duty to discharge or refuse
83	83	to hire certain employees or applicants for employment, as provided
84	84	by Section 12.1151;
85	85	(2) failed to satisfy generally accepted accounting
86	86	standards of fiscal management;
87	87	(3) failed to protect the health, safety, or welfare
88	88	of the students enrolled at the school;
89	89	(4) failed to comply with this subchapter or another
90	90	applicable law or rule;
91	91	(5) failed to satisfy the performance framework
92	92	standards adopted under Section 12.1181; or
93	93	(6) is imminently insolvent as determined by the
94	94	commissioner in accordance with commissioner rule.
95	95	SECTION 5. Subchapter D, Chapter 12, Education Code, is
96	96	amended by adding Section 12.1151 to read as follows:
97	97	Sec. 12.1151. FAILURE TO DISCHARGE OR REFUSE TO HIRE
98	98	CERTAIN EMPLOYEES OR APPLICANTS. An open-enrollment charter school
99	99	commits a material violation of the school's charter if the school
100	100	fails to comply with the duty to discharge or refuse to hire certain
101	101	employees or applicants for employment under Section 12.1059,
102	102	22.085, or 22.091.
103	103	SECTION 6. Section 12A.008, Education Code, is amended by
104	104	adding Subsection (b-1) to read as follows:
105	105	(b-1) The commissioner may terminate a district's
106	106	designation as a district of innovation if the district fails to
107	107	comply with the duty to discharge or refuse to hire certain
108	108	employees or applicants for employment under Section 12.1059,
109	109	applicable to the district under Section 12A.004(a)(1), or Section
110	110	22.085 or 22.091.
111	111	SECTION 7. Section 21.006, Education Code, is amended by
112	112	adding Subsection (k) to read as follows:
113	113	(k) The commissioner may review the records of a school
114	114	district, district of innovation, open-enrollment charter school,
115	115	regional education service center, or shared services arrangement
116	116	to ensure compliance with the requirement to report misconduct
117	117	under this section.
118	118	SECTION 8. Subchapter B, Chapter 21, Education Code, is
119	119	amended by adding Section 21.0585 to read as follows:
120	120	Sec. 21.0585. NOTICE TO AGENCY REGARDING REVOCATION OF
121	121	CERTIFICATE OR PERMIT FOR CERTAIN MISCONDUCT. The board shall
122	122	promptly notify the agency for purposes of Section 22.091 if the
123	123	board revokes a certificate or permit of a person on a finding that
124	124	the person engaged in misconduct described by Section
125	125	21.006(b)(2)(A) or (A-1).
126	126	SECTION 9. Subchapter C, Chapter 22, Education Code, is
127	127	amended by adding Section 22.0815 to read as follows:
128	128	Sec. 22.0815. APPLICABILITY OF SUBCHAPTER TO DISTRICTS OF
129	129	INNOVATION. (a) A district of innovation is subject to a
130	130	prohibition, restriction, or requirement imposed by this
131	131	subchapter on an open-enrollment charter school.
132	132	(b) The failure of a district of innovation to provide
133	133	information required under Section 22.0832 may result in
134	134	termination of the district's designation as a district of
135	135	innovation.
136	136	SECTION 10. Section 22.085, Education Code, is amended by
137	137	amending Subsection (a) and adding Subsection (g) to read as
138	138	follows:
139	139	(a) A school district, open-enrollment charter school, or
140	140	shared services arrangement shall discharge or refuse to hire an
141	141	employee or applicant for employment if the district, school, or
142	142	shared services arrangement obtains information through a criminal
143	143	history record information review that[:
144	144	[(1)] the employee or applicant has been convicted of:
145	145	(1) [(A)] a felony offense under Title 5, Penal Code,
146	146	if the victim of the offense was under 18 years of age at the time
147	147	the offense was committed;
148	148	(2) [(B)] an offense on conviction of which a
149	149	defendant is required to register as a sex offender under Chapter
150	150	62, Code of Criminal Procedure; or
151	151	(3) [(C)] an offense under the laws of another state
152	152	or federal law that is equivalent to an offense under Subdivision
153	153	(1) [Paragraph (A)] or (2) [(B); and
154	154	[(2) at the time the offense occurred, the victim of
155	155	the offense described by Subdivision (1) was under 18 years of age
156	156	or was enrolled in a public school].
157	157	(g) A school district, open-enrollment charter school, or
158	158	shared services arrangement shall promptly notify the agency for
159	159	purposes of Section 22.091 that the district, school, or shared
160	160	services arrangement discharged or refused to hire an employee or
161	161	applicant for employment as provided by this section. A school
162	162	district, open-enrollment charter school, or shared services
163	163	arrangement is not required to comply with this subsection if the
164	164	district, school, or shared services arrangement was notified by
165	165	the agency that the person must be discharged or may not be hired as
166	166	provided by this section pursuant to a review of the person's
167	167	criminal history record information by the agency.
168	168	SECTION 11. Chapter 22, Education Code, is amended by
169	169	adding Subchapter C-1 to read as follows:
170	170	SUBCHAPTER C-1. PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC
171	171	SCHOOLS
172	172	Sec. 22.091. REGISTRY OF PERSONS NOT ELIGIBLE FOR
173	173	EMPLOYMENT IN PUBLIC SCHOOLS. (a) The agency shall maintain and
174	174	make available to appropriate hiring entities a registry of persons
175	175	who are not eligible to be employed by a school district, district
176	176	of innovation, open-enrollment charter school, regional education
177	177	service center, or shared services arrangement.
178	178	(b) A school district, district of innovation,
179	179	open-enrollment charter school, regional education service center,
180	180	or shared services arrangement shall discharge or refuse to hire a
181	181	person listed on the registry maintained under this section.
182	182	(c) The registry maintained under this section must list the
183	183	following persons as not eligible to be employed by public schools:
184	184	(1) a person determined by the agency under Section
185	185	22.0832 as a person who would not be eligible for educator
186	186	certification under Subchapter B, Chapter 21;
187	187	(2) a person who is not eligible for employment based
188	188	on the person's criminal history record information review, as
189	189	provided by Section 22.085;
190	190	(3) a person who is not eligible for employment based
191	191	on criminal history record information received by the agency under
192	192	Section 21.058(b);
193	193	(4) a person whose certification or permit issued
194	194	under Subchapter B, Chapter 21, is revoked by the State Board for
195	195	Educator Certification on a finding that the person engaged in
196	196	misconduct described by Section 21.006(b)(2)(A) or (A-1); and
197	197	(5) a person who is determined by the commissioner
198	198	under Section 22.093 to have engaged in misconduct described by
199	199	Section 22.092(c)(1)(A) or (B).
200	200	(d) The agency shall adopt rules as necessary to implement
201	201	this section.
202	202	Sec. 22.092. REQUIREMENT TO REPORT EMPLOYEE MISCONDUCT.
203	203	(a) In this section, "abuse" has the meaning assigned by Section
204	204	261.001, Family Code, and includes any sexual conduct involving a
205	205	student or minor.
206	206	(b) This section applies to a person who is employed by a
207	207	school district, district of innovation, open-enrollment charter
208	208	school, regional education service center, or shared services
209	209	arrangement and who does not hold a certification or permit issued
210	210	under Subchapter B, Chapter 21.
211	211	(c) In addition to the reporting requirement under Section
212	212	261.101, Family Code, the superintendent or director of a school
213	213	district, district of innovation, open-enrollment charter school,
214	214	regional education service center, or shared services arrangement
215	215	shall notify the commissioner if:
216	216	(1) an employee's employment at the school district,
217	217	district of innovation, charter school, service center, or shared
218	218	services arrangement was terminated and there is evidence that the
219	219	employee:
220	220	(A) abused or otherwise committed an unlawful act
221	221	with a student or minor; or
222	222	(B) was involved in a romantic relationship with
223	223	or solicited or engaged in sexual contact with a student or minor;
224	224	or
225	225	(2) the employee resigned and there is evidence that
226	226	the employee engaged in misconduct described by Subdivision (1).
227	227	(d) A superintendent or director of a school district,
228	228	district of innovation, open-enrollment charter school, regional
229	229	education service center, or shared services arrangement shall
230	230	complete an investigation of an employee that involves evidence
231	231	that the employee may have engaged in misconduct described by
232	232	Subsection (c)(1)(A) or (B), despite the employee's resignation
233	233	from employment before completion of the investigation.
234	234	(e) The principal of a school district, district of
235	235	innovation, or open-enrollment charter school campus must notify
236	236	the superintendent or director of the school district, district of
237	237	innovation, or charter school not later than the seventh business
238	238	day after the date of an employee's termination of employment or
239	239	resignation following an alleged incident of misconduct described
240	240	by Subsection (c)(1).
241	241	(f) The superintendent or director must notify the
242	242	commissioner by filing a report with the commissioner not later
243	243	than the seventh business day after the date the superintendent or
244	244	director receives a report from a principal under Subsection (e) or
245	245	knew about an employee's termination of employment or resignation
246	246	following an alleged incident of misconduct described by Subsection
247	247	(c)(1). The report must be:
248	248	(1) in writing; and
249	249	(2) in a form prescribed by the commissioner.
250	250	(g) The superintendent or director shall notify the board of
251	251	trustees or governing body of the school district, district of
252	252	innovation, open-enrollment charter school, regional education
253	253	service center, or shared services arrangement and the employee of
254	254	the filing of the report required by Subsection (f).
255	255	(h) A superintendent or director who in good faith and while
256	256	acting in an official capacity files a report with the commissioner
257	257	under Subsection (f) or a principal who in good faith and while
258	258	acting in an official capacity notifies a superintendent or
259	259	director under Subsection (e) is immune from civil or criminal
260	260	liability that might otherwise be incurred or imposed.
261	261	(i) The commissioner shall refer an educator who fails to
262	262	file a report in violation of Subsection (f) to the State Board for
263	263	Educator Certification, and the board shall determine whether to
264	264	impose sanctions against the educator.
265	265	(j) The name of a student or minor who is the victim of abuse
266	266	or unlawful conduct by an employee must be included in a report
267	267	filed under this section, but the name of the student or minor is
268	268	not public information under Chapter 552, Government Code.
269	269	(k) A superintendent or director required to file a report
270	270	under Subsection (f) commits an offense if the superintendent or
271	271	director fails to file the report by the date required by that
272	272	subsection with intent to conceal an employee's criminal record or
273	273	alleged incident of misconduct. A principal required to notify a
274	274	superintendent or director about an employee's alleged incident of
275	275	misconduct under Subsection (e) commits an offense if the principal
276	276	fails to provide the notice by the date required by that subsection
277	277	with intent to conceal an employee's alleged incident of
278	278	misconduct. An offense under this subsection is a state jail
279	279	felony.
280	280	(l) The commissioner may review the records of a school
281	281	district, district of innovation, open-enrollment charter school,
282	282	regional education service center, or shared services arrangement
283	283	to ensure compliance with the requirement to report misconduct
284	284	under this section.
285	285	(m) The commissioner shall adopt rules as necessary to
286	286	implement this section.
287	287	Sec. 22.093. NOTICE OF ALLEGED MISCONDUCT; INVESTIGATION;
288	288	HEARING. (a) A person who is the subject of a report that alleges
289	289	misconduct described by Section 22.092(c)(1)(A) or (B) is entitled
290	290	to a hearing under the procedures provided by Chapter 2001,
291	291	Government Code, to contest the allegation in the report.
292	292	(b) On receiving a report filed under Section 22.092(f), the
293	293	commissioner shall promptly send to the person who is the subject of
294	294	the report a notice that includes:
295	295	(1) a statement informing the person that the person
296	296	must request a hearing within the period provided by Subsection
297	297	(c);
298	298	(2) a request that the person submit a response within
299	299	the period provided by Subsection (c) to show cause why the
300	300	commissioner should not pursue an investigation; and
301	301	(3) a statement informing the person that if the
302	302	person does not timely submit a response to show cause as provided
303	303	by Subdivision (2), the agency shall provide information indicating
304	304	the person is under investigation in the manner provided by
305	305	Subsection (d).
306	306	(c) A person entitled to a hearing under Subsection (a) must
307	307	request a hearing and submit a response to show cause not later than
308	308	the 10th day after the date the person receives the notice from the
309	309	commissioner provided under Subsection (b).
310	310	(d) If a person who receives notice provided under
311	311	Subsection (b) does not timely submit a response to show cause why
312	312	the commissioner should not pursue an investigation, the
313	313	commissioner shall instruct the agency to provide information
314	314	indicating the person is under investigation for alleged misconduct
315	315	to a school district, district of innovation, open-enrollment
316	316	charter school, or shared services arrangement that makes an
317	317	inquiry to the agency with respect to a national criminal history
318	318	record information review of the person under Section 22.0832 or
319	319	22.0833.
320	320	(e) If a person entitled to a hearing under Subsection (a)
321	321	does not request a hearing as provided by Subsection (c), the
322	322	commissioner shall:
323	323	(1) based on the report filed under Section 22.092(f),
324	324	make a determination whether the person engaged in misconduct; and
325	325	(2) if the commissioner determines that the person
326	326	engaged in misconduct described by Section 22.092(c)(1)(A) or (B),
327	327	instruct the agency to add the person's name to the registry
328	328	maintained under Section 22.091.
329	329	(f) If a person entitled to a hearing under Subsection (a)
330	330	requests a hearing as provided by Subsection (c) and the final
331	331	decision in that hearing determines that the person engaged in
332	332	misconduct described by Section 22.092(c)(1)(A) or (B), the
333	333	commissioner shall instruct the agency to add the person's name to
334	334	the registry maintained under Section 22.091.
335	335	(g) If a person entitled to a hearing under Subsection (a)
336	336	requests a hearing as provided by Subsection (c) and the final
337	337	decision in that hearing determines that the person did not engage
338	338	in misconduct described by Section 22.092(c)(1)(A) or (B), the
339	339	commissioner shall instruct the agency to immediately discontinue
340	340	providing the information under Subsection (d) indicating that the
341	341	person is under investigation for alleged misconduct.
342	342	(h) The commissioner shall adopt rules as necessary to
343	343	implement this section.
344	344	Sec. 22.094. COMPLIANCE MONITORING. The agency shall
345	345	periodically conduct site visits and review the records of school
346	346	districts, districts of innovation, open-enrollment charter
347	347	schools, and shared services arrangements to ensure compliance with
348	348	Section 22.091(b).
349	349	SECTION 12. Section 39.0302(a), Education Code, is amended
350	350	to read as follows:
351	351	(a) During an agency investigation or audit of a school
352	352	district under Section 39.0301(e) or (f), an accreditation
353	353	investigation under Section 39.057(a)(8) or (14), a compliance
354	354	review under Section 21.006(k), 22.092(l), or 22.094, or an
355	355	investigation by the State Board for Educator Certification of an
356	356	educator for an alleged violation of an assessment instrument
357	357	security procedure established under Section 39.0301(a), the
358	358	commissioner may issue a subpoena to compel the attendance of a
359	359	relevant witness or the production, for inspection or copying, of
360	360	relevant evidence that is located in this state.
361	361	SECTION 13. The Texas Education Agency shall establish the
362	362	registry of persons who are not eligible to be employed by a school
363	363	district, district of innovation, open-enrollment charter school,
364	364	regional education service center, or shared services arrangement,
365	365	as required by Section 22.091, Education Code, as added by this Act,
366	366	as soon as practicable and not later than January 1, 2020.
367	367	SECTION 14. This Act takes effect September 1, 2019.