Texas 2019 - 86th Regular

Texas House Bill HB3977 Compare Versions

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

Old	New	Differences
1	1	86R14266 TSS-D
2	2	By: Leach H.B. No. 3977
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to employing, terminating, and reporting misconduct of
8	8	public school personnel and related entity personnel, including
9	9	creating a registry of persons ineligible for hire; creating a
10	10	criminal offense.
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. AGENCY APPROVAL REQUIRED FOR CERTAIN
64	64	EMPLOYEES. A person may not be employed by or serve as a teacher,
65	65	librarian, educational aide, administrator, or school counselor
66	66	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 C, Chapter 22, Education Code, is
119	119	amended by adding Section 22.0815 to read as follows:
120	120	Sec. 22.0815. APPLICABILITY OF SUBCHAPTER TO DISTRICTS OF
121	121	INNOVATION. (a) A district of innovation is subject to a
122	122	prohibition, restriction, or requirement imposed by this
123	123	subchapter on an open-enrollment charter school.
124	124	(b) The failure of a district of innovation to provide
125	125	information required under Section 22.0832 may result in
126	126	termination of the district's designation as a district of
127	127	innovation.
128	128	SECTION 9. The heading to Section 22.085, Education Code,
129	129	is amended to read as follows:
130	130	Sec. 22.085. EMPLOYEES AND APPLICANTS CONVICTED OF OR
131	131	PLACED ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN
132	132	OFFENSES.
133	133	SECTION 10. Section 22.085, Education Code, is amended by
134	134	amending Subsections (a), (b), and (e) and adding Subsection (g) to
135	135	read as follows:
136	136	(a) A school district, open-enrollment charter school, or
137	137	shared services arrangement shall discharge or refuse to hire an
138	138	employee or applicant for employment if the district, school, or
139	139	shared services arrangement obtains information through a criminal
140	140	history record information review that[:
141	141	[(1)] the employee or applicant has been convicted of
142	142	or placed on deferred adjudication community supervision for:
143	143	(1) [(A)] a felony offense under Title 5, Penal Code,
144	144	if the victim of the offense was under 18 years of age at the time
145	145	the offense was committed;
146	146	(2) [(B)] an offense on conviction of which or on
147	147	placement on deferred adjudication community supervision for which
148	148	a defendant is required to register as a sex offender under Chapter
149	149	62, Code of Criminal Procedure; or
150	150	(3) [(C)] an offense under the laws of another state
151	151	or federal law that is equivalent to an offense under Subdivision
152	152	(1) [Paragraph (A)] or (2) [(B); and
153	153	[(2) at the time the offense occurred, the victim of
154	154	the offense described by Subdivision (1) was under 18 years of age
155	155	or was enrolled in a public school].
156	156	(b) Subsection (a) does not apply if the employee or
157	157	applicant for employment committed an offense under Title 5, Penal
158	158	Code and:
159	159	(1) the date of the commission of the offense is more
160	160	than 30 years before:
161	161	(A) the effective date of S.B. No. 9, Acts of the
162	162	80th Legislature, Regular Session, 2007, in the case of a person
163	163	employed by a school district, open-enrollment charter school, or
164	164	shared services arrangement as of that date; or
165	165	(B) the date the person's employment will begin,
166	166	in the case of a person applying for employment with a school
167	167	district, open-enrollment charter school, or shared services
168	168	arrangement after the effective date of S.B. No. 9, Acts of the 80th
169	169	Legislature, Regular Session, 2007; and
170	170	(2) the employee or applicant for employment satisfied
171	171	all terms of the court order entered on conviction or successfully
172	172	completed the period of deferred adjudication community
173	173	supervision.
174	174	(e) The State Board for Educator Certification may impose a
175	175	sanction on an educator who does not discharge an employee or refuse
176	176	to hire an applicant for employment if the educator knows or should
177	177	have known, through a criminal history record information review,
178	178	that the employee or applicant has been convicted of or placed on
179	179	deferred adjudication community supervision for an offense
180	180	described by Subsection (a).
181	181	(g) A school district, open-enrollment charter school, or
182	182	shared services arrangement shall promptly notify the agency for
183	183	purposes of Section 22.091 that the school district, charter
184	184	school, or shared services arrangement discharged or refused to
185	185	hire an employee or applicant for employment as provided by this
186	186	section. A school district, open-enrollment charter school, or
187	187	shared services arrangement is not required to comply with this
188	188	subsection if the school district, charter school, or shared
189	189	services arrangement was notified by the agency that the person
190	190	must be discharged or may not be hired as provided by this section
191	191	pursuant to a review of the person's criminal history record
192	192	information by the agency.
193	193	SECTION 11. Chapter 22, Education Code, is amended by
194	194	adding Subchapter C-1 to read as follows:
195	195	SUBCHAPTER C-1. PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC
196	196	SCHOOLS
197	197	Sec. 22.091. REGISTRY OF PERSONS NOT ELIGIBLE FOR
198	198	EMPLOYMENT IN PUBLIC SCHOOLS. (a) The agency shall maintain and
199	199	make available to appropriate hiring entities a registry of persons
200	200	who are not eligible to be employed by a school district, district
201	201	of innovation, open-enrollment charter school, regional education
202	202	service center, or shared services arrangement.
203	203	(b) A school district, district of innovation,
204	204	open-enrollment charter school, regional education service center,
205	205	or shared services arrangement shall discharge or refuse to hire a
206	206	person listed on the registry maintained under this section.
207	207	(c) The registry maintained under this section must list the
208	208	following persons as not eligible to be employed by public schools:
209	209	(1) a person determined by the agency under Section
210	210	22.0832 as a person who would not be eligible for educator
211	211	certification under Subchapter B, Chapter 21;
212	212	(2) a person who is not eligible for employment based
213	213	on the person's criminal history record information review, as
214	214	provided by Section 22.085;
215	215	(3) a person who is not eligible for employment based
216	216	on criminal history record information received by the agency under
217	217	Section 21.058(b);
218	218	(4) a person whose certification or permit issued
219	219	under Subchapter B, Chapter 21, is revoked by the State Board for
220	220	Educator Certification on a finding that the person engaged in
221	221	misconduct described by Section 21.006(b)(2)(A) or (A-1); and
222	222	(5) a person who is determined by the commissioner
223	223	under Section 22.093 to have engaged in misconduct described by
224	224	Section 22.092(c)(1)(A) or (B).
225	225	(d) The agency shall adopt rules as necessary to implement
226	226	this section.
227	227	Sec. 22.092. REQUIREMENT TO REPORT EMPLOYEE MISCONDUCT.
228	228	(a) In this section, "abuse" has the meaning assigned by Section
229	229	261.001, Family Code, and includes any sexual conduct involving a
230	230	student or minor.
231	231	(b) This section applies to a person who is employed by a
232	232	school district, district of innovation, open-enrollment charter
233	233	school, regional education service center, or shared services
234	234	arrangement and who does not hold a certification or permit issued
235	235	under Subchapter B, Chapter 21.
236	236	(c) In addition to the reporting requirement under Section
237	237	261.101, Family Code, the superintendent or director of a school
238	238	district, district of innovation, open-enrollment charter school,
239	239	regional education service center, or shared services arrangement
240	240	shall notify the commissioner if:
241	241	(1) an employee's employment at the school district,
242	242	district of innovation, charter school, service center, or shared
243	243	services arrangement was terminated and there is evidence that the
244	244	employee:
245	245	(A) abused or otherwise committed an unlawful act
246	246	with a student or minor; or
247	247	(B) was involved in a romantic relationship with
248	248	or solicited or engaged in sexual contact with a student or minor;
249	249	or
250	250	(2) the employee resigned and there is evidence that
251	251	the employee engaged in misconduct described by Subdivision (1).
252	252	(d) A superintendent or director of a school district,
253	253	district of innovation, open-enrollment charter school, regional
254	254	education service center, or shared services arrangement shall
255	255	complete an investigation of an employee that involves evidence
256	256	that the employee may have engaged in misconduct described by
257	257	Subsection (c)(1)(A) or (B), despite the employee's resignation
258	258	from employment before completion of the investigation.
259	259	(e) The principal of a school district, district of
260	260	innovation, or open-enrollment charter school campus must notify
261	261	the superintendent or director of the school district, district of
262	262	innovation, or charter school not later than the seventh business
263	263	day after the date of an employee's termination of employment or
264	264	resignation following an alleged incident of misconduct described
265	265	by Subsection (c)(1).
266	266	(f) The superintendent or director must notify the
267	267	commissioner by filing a report with the commissioner not later
268	268	than the seventh business day after the date the superintendent or
269	269	director receives a report from a principal under Subsection (e) or
270	270	knew about an employee's termination of employment or resignation
271	271	following an alleged incident of misconduct described by Subsection
272	272	(c)(1). The report must be:
273	273	(1) in writing; and
274	274	(2) in a form prescribed by the commissioner.
275	275	(g) The superintendent or director shall notify the board of
276	276	trustees or governing body of the school district, district of
277	277	innovation, open-enrollment charter school, regional education
278	278	service center, or shared services arrangement and the employee of
279	279	the filing of the report required by Subsection (f).
280	280	(h) A superintendent or director who in good faith and while
281	281	acting in an official capacity files a report with the commissioner
282	282	under Subsection (f) or a principal who in good faith and while
283	283	acting in an official capacity notifies a superintendent or
284	284	director under Subsection (e) is immune from civil or criminal
285	285	liability that might otherwise be incurred or imposed.
286	286	(i) The commissioner shall refer an educator who fails to
287	287	file a report in violation of Subsection (f) to the State Board for
288	288	Educator Certification, and the board shall determine whether to
289	289	impose sanctions against the educator.
290	290	(j) The name of a student or minor who is the victim of abuse
291	291	or unlawful conduct by an employee must be included in a report
292	292	filed under this section, but the name of the student or minor is
293	293	not public information under Chapter 552, Government Code.
294	294	(k) A superintendent or director required to file a report
295	295	under Subsection (f) commits an offense if the superintendent or
296	296	director fails to file the report by the date required by that
297	297	subsection with intent to conceal an employee's criminal record or
298	298	alleged incident of misconduct. A principal required to notify a
299	299	superintendent or director about an employee's alleged incident of
300	300	misconduct under Subsection (e) commits an offense if the principal
301	301	fails to provide the notice by the date required by that subsection
302	302	with intent to conceal an employee's alleged incident of
303	303	misconduct. An offense under this subsection is a state jail
304	304	felony.
305	305	(l) The commissioner may review the records of a school
306	306	district, district of innovation, open-enrollment charter school,
307	307	regional education service center, or shared services arrangement
308	308	to ensure compliance with the requirement to report misconduct
309	309	under this section.
310	310	(m) The commissioner shall adopt rules as necessary to
311	311	implement this section.
312	312	Sec. 22.093. NOTICE OF ALLEGED MISCONDUCT; INVESTIGATION;
313	313	HEARING. (a) A person who is the subject of a report that alleges
314	314	misconduct described by Section 22.092(c)(1)(A) or (B) is entitled
315	315	to a hearing under the procedures provided by Chapter 2001,
316	316	Government Code, to contest the allegation in the report.
317	317	(b) On receiving a report filed under Section 22.092(f), the
318	318	commissioner shall promptly send to the person who is the subject of
319	319	the report a notice that includes:
320	320	(1) a statement informing the person that the person
321	321	must request a hearing within the period provided by Subsection
322	322	(c);
323	323	(2) a request that the person submit a response within
324	324	the period provided by Subsection (c) to show cause why the
325	325	commissioner should not pursue an investigation; and
326	326	(3) a statement informing the person that if the
327	327	person does not timely submit a response to show cause as provided
328	328	by Subdivision (2), the agency shall provide information indicating
329	329	the person is under investigation in the manner provided by
330	330	Subsection (d).
331	331	(c) A person entitled to a hearing under Subsection (a) must
332	332	request a hearing and submit a response to show cause not later than
333	333	the 10th day after the date the person receives the notice from the
334	334	commissioner under Subsection (b).
335	335	(d) If a person who receives notice under Subsection (b)
336	336	does not timely submit a response to show cause why the commissioner
337	337	should not pursue an investigation, the commissioner shall instruct
338	338	the agency to provide information indicating the person is under
339	339	investigation for alleged misconduct to a school district, district
340	340	of innovation, open-enrollment charter school, or shared services
341	341	arrangement that makes an inquiry to the agency with respect to a
342	342	national criminal history record information review of the person
343	343	under Section 22.0832 or 22.0833.
344	344	(e) If a person entitled to a hearing under Subsection (a)
345	345	does not request a hearing as provided by Subsection (c), the
346	346	commissioner shall:
347	347	(1) based on the report filed under Section 22.092(f),
348	348	make a determination whether the person engaged in misconduct; and
349	349	(2) if the commissioner determines that the person
350	350	engaged in misconduct described by Section 22.092(c)(1)(A) or (B),
351	351	instruct the agency to add the person's name to the registry
352	352	maintained under Section 22.091.
353	353	(f) If a person entitled to a hearing under Subsection (a)
354	354	requests a hearing as provided by Subsection (c) and the final
355	355	decision in that hearing determines that the person engaged in
356	356	misconduct described by Section 22.092(c)(1)(A) or (B), the
357	357	commissioner shall instruct the agency to add the person's name to
358	358	the registry maintained under Section 22.091.
359	359	(g) If a person entitled to a hearing under Subsection (a)
360	360	requests a hearing as provided by Subsection (c) and the final
361	361	decision in that hearing determines that the person did not engage
362	362	in misconduct described by Section 22.092(c)(1)(A) or (B), the
363	363	commissioner shall instruct the agency to immediately discontinue
364	364	providing the information under Subsection (d) indicating that the
365	365	person is under investigation for alleged misconduct.
366	366	(h) The commissioner shall adopt rules as necessary to
367	367	implement this section.
368	368	Sec. 22.094. COMPLIANCE MONITORING. The agency shall
369	369	periodically conduct site visits and review the records of school
370	370	districts, districts of innovation, open-enrollment charter
371	371	schools, and shared services arrangements to ensure compliance with
372	372	Section 22.091(b).
373	373	SECTION 12. Section 39.0302(a), Education Code, is amended
374	374	to read as follows:
375	375	(a) During an agency investigation or audit of a school
376	376	district under Section 39.0301(e) or (f), an accreditation
377	377	investigation under Section 39.057(a)(8) or (14), a compliance
378	378	review under Section 21.006(k), 22.092(l), or 22.094, or an
379	379	investigation by the State Board for Educator Certification of an
380	380	educator for an alleged violation of an assessment instrument
381	381	security procedure established under Section 39.0301(a), the
382	382	commissioner may issue a subpoena to compel the attendance of a
383	383	relevant witness or the production, for inspection or copying, of
384	384	relevant evidence that is located in this state.
385	385	SECTION 13. The Texas Education Agency shall establish the
386	386	registry of persons who are not eligible to be employed by a school
387	387	district, district of innovation, open-enrollment charter school,
388	388	regional education service center, or shared services arrangement,
389	389	as required by Section 22.091, Education Code, as added by this Act,
390	390	as soon as practicable and not later than January 1, 2020.
391	391	SECTION 14. This Act takes effect September 1, 2019.