Texas 2019 - 86th Regular

Texas House Bill HB4334 Compare Versions

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

Old	New	Differences
1	1	86R1462 MEW-D
2	2	By: Huberty H.B. No. 4334
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the office of inspector general at the
8	8	Texas Education Agency to investigate the administration of public
9	9	education.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 7, Education Code, is amended by adding
12	12	Subchapter E to read as follows:
13	13	SUBCHAPTER E. OFFICE OF INSPECTOR GENERAL
14	14	Sec. 7.151. DEFINITIONS. In this subchapter:
15	15	(1) "Fraud" means an intentional deception or
16	16	misrepresentation made by a person with the knowledge that the
17	17	deception could result in some unauthorized benefit to that person
18	18	or some other person. The term includes any act that constitutes
19	19	fraud under applicable federal or state law.
20	20	(2) "Office" means the office of inspector general
21	21	established under this subchapter.
22	22	Sec. 7.152. OFFICE OF INSPECTOR GENERAL. (a) The office of
23	23	inspector general is established as a division within the agency.
24	24	(b) The commissioner shall appoint an inspector general to
25	25	serve as director of the office. The inspector general serves until
26	26	removed by the commissioner.
27	27	Sec. 7.153. GENERAL RESPONSIBILITIES. (a) The office is
28	28	responsible for the investigation, prevention, and detection of
29	29	criminal misconduct and wrongdoing and of fraud, waste, and abuse
30	30	in the administration of public education by school districts,
31	31	open-enrollment charter schools, regional education service
32	32	centers, and other local education agencies in this state.
33	33	(b) The office shall investigate allegations of fraud,
34	34	waste, and abuse and violations of this code or other law.
35	35	(c) The office may:
36	36	(1) conduct criminal, civil, and administrative
37	37	investigations and initiate reviews of a school district,
38	38	open-enrollment charter school, regional education service center,
39	39	or other local education agency as considered appropriate by the
40	40	inspector general;
41	41	(2) receive and investigate complaints from any source
42	42	on its own initiative; and
43	43	(3) conduct special accreditation investigations
44	44	authorized by the commissioner under Section 39.057(a).
45	45	(d) The office shall perform all other duties and exercise
46	46	all other powers granted to the office by this subchapter or another
47	47	law.
48	48	Sec. 7.154. GENERAL POWERS. The office has all the powers
49	49	necessary or appropriate to carry out its responsibilities and
50	50	functions under this subchapter and other law.
51	51	Sec. 7.155. SUBPOENAS. (a) The inspector general may issue
52	52	a subpoena to compel the attendance of a relevant witness at a
53	53	hearing or deposition under this subchapter or to compel the
54	54	production, for inspection or copying, of books, papers, records,
55	55	documents, or other relevant materials, including electronic data,
56	56	in connection with an investigation, review, hearing, or deposition
57	57	conducted under this subchapter.
58	58	(b) A subpoena may be served personally or by certified
59	59	mail. If a person fails to comply with a subpoena, the inspector
60	60	general, acting through the attorney general, may file suit to
61	61	enforce the subpoena in a district court in this state.
62	62	(c) On finding that good cause exists for issuing the
63	63	subpoena, the court shall order the person to comply with the
64	64	subpoena. The court may hold in contempt a person who fails to obey
65	65	the court order.
66	66	Sec. 7.156. COOPERATION WITH LAW ENFORCEMENT OFFICIALS AND
67	67	OTHER ENTITIES. (a) The office may provide information and
68	68	evidence relating to criminal acts to the State Auditor's Office
69	69	and appropriate law enforcement officials.
70	70	(b) The office may refer matters for further civil,
71	71	criminal, and administrative action to appropriate administrative
72	72	and prosecutorial agencies, including the attorney general.
73	73	SECTION 2. Section 39.057(a), Education Code, is amended to
74	74	read as follows:
75	75	(a) The commissioner may authorize special accreditation
76	76	investigations to be conducted:
77	77	(1) when excessive numbers of absences of students
78	78	eligible to be tested on state assessment instruments are
79	79	determined;
80	80	(2) when excessive numbers of allowable exemptions
81	81	from the required state assessment instruments are determined;
82	82	(3) in response to complaints submitted to the agency
83	83	with respect to alleged violations of civil rights or other
84	84	requirements imposed on the state by federal law or court order;
85	85	(4) in response to established compliance reviews of
86	86	the district's financial accounting practices and state and federal
87	87	program requirements;
88	88	(5) when extraordinary numbers of student placements
89	89	in disciplinary alternative education programs, other than
90	90	placements under Sections 37.006 and 37.007, are determined;
91	91	(6) in response to an allegation involving a conflict
92	92	between members of the board of trustees or between the board and
93	93	the district administration if it appears that the conflict
94	94	involves a violation of a role or duty of the board members or the
95	95	administration clearly defined by this code;
96	96	(7) when excessive numbers of students in special
97	97	education programs under Subchapter A, Chapter 29, are assessed
98	98	through assessment instruments developed or adopted under Section
99	99	39.023(b);
100	100	(8) in response to an allegation regarding or an
101	101	analysis using a statistical method result indicating a possible
102	102	violation of an assessment instrument security procedure
103	103	established under Section 39.0301, including for the purpose of
104	104	investigating or auditing a school district under that section;
105	105	(9) when a significant pattern of decreased academic
106	106	performance has developed as a result of the promotion in the
107	107	preceding two school years of students who did not perform
108	108	satisfactorily as determined by the commissioner under Section
109	109	39.0241(a) on assessment instruments administered under Section
110	110	39.023(a), (c), or (l);
111	111	(10) when excessive numbers of students eligible to
112	112	enroll fail to complete an Algebra II course or any other advanced
113	113	course as determined by the commissioner;
114	114	(11) when resource allocation practices as evaluated
115	115	under Section 39.0821 indicate a potential for significant
116	116	improvement in resource allocation;
117	117	(12) when a disproportionate number of students of a
118	118	particular demographic group is graduating with a particular
119	119	endorsement under Section 28.025(c-1);
120	120	(13) when an excessive number of students is
121	121	graduating with a particular endorsement under Section
122	122	28.025(c-1);
123	123	(14) in response to a complaint submitted to the
124	124	agency with respect to alleged inaccurate data that is reported
125	125	through the Public Education Information Management System (PEIMS)
126	126	or through other reports required by state or federal law or rule or
127	127	court order and that is used by the agency to make a determination
128	128	relating to public school accountability, including accreditation,
129	129	under this chapter;
130	130	(15) when a school district for any reason fails to
131	131	produce, at the request of the agency, evidence or an investigation
132	132	report relating to an educator who is under investigation by the
133	133	State Board for Educator Certification; [or]
134	134	(16) by the office of inspector general for the
135	135	purpose of investigating allegations of fraud, waste, and abuse in
136	136	the administration of public education; or
137	137	(17) as the commissioner otherwise determines
138	138	necessary.
139	139	SECTION 3. This Act takes effect September 1, 2019.