Texas 2019 - 86th Regular

Texas House Bill HB2739 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		86R3221 TSS-F
2		-	By: Meyer~~, Leach, et al.~~ H.B. No. 2739
	2	+	By: Meyer H.B. No. 2739
3	3
4	4
5	5		A BILL TO BE ENTITLED
6	6		AN ACT
7	7		relating to the reporting of private school educator misconduct.
8	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9		SECTION 1. Article 42.018, Code of Criminal Procedure, is
10	10		amended by adding Subsections (c) and (d) to read as follows:
11	11		(c) Not later than the fifth day after the date a person who
12	12		is employed by a private school is convicted or granted deferred
13	13		adjudication on the basis of an offense, the clerk of the court in
14	14		which the conviction or deferred adjudication is entered shall
15	15		provide to the chief administrative officer of the private school
16	16		at which the person is employed written notice of the person's
17	17		conviction or deferred adjudication, including the offense on which
18	18		the conviction or deferred adjudication was based.
19	19		(d) In this article, "private school" has the meaning
20	20		assigned by Section 5.001, Education Code.
21	21		SECTION 2. Subchapter A, Chapter 21, Education Code, is
22	22		amended by adding Sections 21.0062 and 21.0063 to read as follows:
23	23		Sec. 21.0062. REQUIREMENT TO REPORT MISCONDUCT: PRIVATE
24	24		SCHOOLS. (a) In this section:
25	25		(1) "Abuse" has the meaning assigned by Section
26	26		261.001, Family Code, and includes any sexual conduct involving a
27	27		student or minor and private school educator.
28	28		(2) "Educator" means a person employed by or seeking
29	29		employment in a private school for a position in which the person
30	30		would be required to hold a certificate issued under Subchapter B if
31	31		the person were employed by a school district.
32	32		(b) In addition to the reporting requirement under Section
33	33		261.101, Family Code, the chief administrative officer of a private
34	34		school shall notify the State Board for Educator Certification if
35	35		an educator:
36	36		(1) has a criminal record and the private school
37	37		obtained information about the educator's criminal record by a
38	38		means other than the criminal history clearinghouse established
39	39		under Section 411.0845, Government Code;
40	40		(2) was terminated and there is evidence that the
41	41		educator:
42	42		(A) abused or otherwise committed an unlawful act
43	43		with a student or minor; or
44	44		(B) was involved in a romantic relationship with
45	45		or solicited or engaged in sexual contact with a student or minor;
46	46		or
47	47		(3) resigned and there is evidence that the educator
48	48		had engaged in misconduct described by Subdivision (2).
49	49		(c) The chief administrative officer of the private school
50	50		shall complete an investigation of an educator that involves
51	51		evidence that the educator may have engaged in misconduct described
52	52		by Subsection (b), despite the educator's resignation from
53	53		employment before completion of the investigation.
54	54		(d) The chief administrative officer of the private school
55	55		must notify the State Board for Educator Certification by filing a
56	56		report with the board not later than the seventh business day after
57	57		the date the chief administrative officer knew or had reason to
58	58		believe that an educator:
59	59		(1) has a criminal record under Subsection (b)(1); or
60	60		(2) was terminated or resigned following an alleged
61	61		incident of misconduct described by Subsection (b)(2).
62	62		(e) The report filed under Subsection (d) must be:
63	63		(1) in writing; and
64	64		(2) in a form prescribed by the board.
65	65		(f) Any person who knows or has reason to believe that an
66	66		educator engaged in the misconduct described by Subsection (b)(2)
67	67		may file a report with the State Board for Educator Certification
68	68		under this section.
69	69		(g) A chief administrative officer of a private school or
70	70		any other person who in good faith files a report with the State
71	71		Board for Educator Certification under this section or communicates
72	72		with a chief administrative officer or other administrator of a
73	73		private school concerning the criminal record of or an alleged
74	74		incident of misconduct by an educator is immune from civil or
75	75		criminal liability that might otherwise be incurred or imposed.
76	76		(h) The State Board for Educator Certification shall
77	77		propose rules as necessary to implement this section.
78	78		Sec. 21.0063. ACCESS TO REPORTS OF ALLEGED MISCONDUCT.
79	79		(a) In this section, "educator" includes a person defined as an
80	80		educator under Section 21.0062(a).
81	81		(b) The State Board for Educator Certification shall
82	82		provide private schools and public schools equivalent access to
83	83		reports made under this subchapter concerning the criminal record
84	84		or alleged misconduct of an educator.
85	85		SECTION 3. Section 21.009(a), Education Code, is amended to
86	86		read as follows:
87	87		(a) An applicant for a position described by Section
88	88		21.003(a) or (b) with a school district, district of innovation,
89	89		open-enrollment charter school, private school, regional education
90	90		service center, or shared services arrangement must submit, using a
91	91		form adopted by the agency, a pre-employment affidavit disclosing
92	92		whether the applicant has ever been charged with, adjudicated for,
93	93		or convicted of having an inappropriate relationship with a minor.
94	94		SECTION 4. Section 21.0581(a), Education Code, is amended
95	95		to read as follows:
96	96		(a) The board may suspend or revoke a certificate held by a
97	97		person under this subchapter, impose other sanctions against the
98	98		person, or refuse to issue a certificate to the person under this
99	99		subchapter if:
100	100		(1) the person assists another person in obtaining
101	101		employment at a school district, private school, or open-enrollment
102	102		charter school, other than by the routine transmission of
103	103		administrative and personnel files; and
104	104		(2) the person knew that the other person has
105	105		previously engaged in sexual misconduct with a minor or student in
106	106		violation of the law.
107	107		SECTION 5. Article 42.018(c), Code of Criminal Procedure,
108	108		as added by this Act, applies only to a judgment of conviction or
109	109		order granting deferred adjudication community supervision entered
110	110		on or after the effective date of this Act.
111	111		SECTION 6. As soon as practicable after the effective date
112	112		of this Act, the commissioner of education and the State Board of
113	113		Education, on the recommendation of the State Board for Educator
114	114		Certification, shall adopt rules as necessary to implement Sections
115	115		21.0062 and 21.0063, Education Code, as added by this Act.
116	116		SECTION 7. This Act takes effect September 1, 2019.