Texas 2019 - 86th Regular

Texas Senate Bill SB1230 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1230
	1	+	By: Bettencourt, et al. S.B. No. 1230
	2	+	(Meyer, Leach, et al.)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the reporting of private school educator misconduct.
6	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	9		SECTION 1. Article 42.018, Code of Criminal Procedure, is
8	10		amended by adding Subsections (c) and (d) to read as follows:
9	11		(c) Not later than the fifth day after the date a person who
10	12		is employed by a private school is convicted or granted deferred
11	13		adjudication on the basis of an offense, the clerk of the court in
12	14		which the conviction or deferred adjudication is entered shall
13	15		provide to the chief administrative officer of the private school
14	16		at which the person is employed written notice of the person's
15	17		conviction or deferred adjudication, including the offense on which
16	18		the conviction or deferred adjudication was based.
17	19		(d) In this article, "private school" has the meaning
18	20		assigned by Section 5.001, Education Code.
19	21		SECTION 2. Subchapter A, Chapter 21, Education Code, is
20	22		amended by adding Section 21.0062 to read as follows:
21	23		Sec. 21.0062. REQUIREMENT TO REPORT MISCONDUCT: PRIVATE
22	24		SCHOOLS. (a) In this section:
23	25		(1) "Abuse" has the meaning assigned by Section
24	26		261.001, Family Code, and includes any sexual conduct involving a
25	27		student or minor and private school educator.
26	28		(2) "Private school educator" means a person employed
27	29		by or seeking employment in a private school for a position in which
28	30		the person would be required to hold a certificate issued under
29	31		Subchapter B if the person were employed by a school district.
30	32		(b) In addition to the reporting requirement under Section
31	33		261.101, Family Code, the chief administrative officer of a private
32	34		school shall notify the State Board for Educator Certification if a
33	35		private school educator:
34	36		(1) has a criminal record and the private school
35	37		obtained information about the educator's criminal record; or
36	38		(2) was terminated and there is evidence that the
37	39		educator:
38	40		(A) abused or otherwise committed an unlawful act
39	41		with a student or minor; or
40	42		(B) was involved in a romantic relationship with
41	43		or solicited or engaged in sexual contact with a student or minor.
42	44		(c) If there is evidence that a private school educator may
43	45		have engaged in misconduct described by Subsection (b) and the
44	46		educator resigns from employment before completion of the
45	47		investigation, the chief administrative officer of the private
46	48		school shall submit the evidence of misconduct collected to the
47	49		State Board for Educator Certification.
48	50		(d) The chief administrative officer of the private school
49	51		must notify the State Board for Educator Certification by filing a
50	52		report with the board not later than the seventh business day after
51	53		the date the chief administrative officer knew that a private
52	54		school educator:
53	55		(1) has a criminal record under Subsection (b)(1); or
54	56		(2) was terminated following an alleged incident of
55	57		misconduct described by Subsection (b)(2).
56	58		(e) The report filed under Subsection (d) must be:
57	59		(1) in writing; and
58	60		(2) in a form prescribed by the board.
59	61		(f) Any person who knows or has reason to believe that a
60	62		private school educator engaged in the misconduct described by
61	63		Subsection (b)(2) may file a report with the State Board for
62	64		Educator Certification under this section.
63	65		(g) A chief administrative officer of a private school or
64	66		any other person who in good faith files a report with the State
65	67		Board for Educator Certification under this section or communicates
66	68		with a chief administrative officer or other administrator of a
67	69		private school concerning the criminal record of or an alleged
68	70		incident of misconduct by a private school educator is immune from
69	71		civil or criminal liability that might otherwise be incurred or
70	72		imposed.
71	73		(h) The name of a student or minor who is the victim of abuse
72	74		or unlawful conduct by a private school educator must be included in
73	75		a report filed under this section, but the name of the student or
74	76		minor is not public information under Chapter 552, Government Code.
75	77		(i) The State Board for Educator Certification shall
76	78		propose rules as necessary to implement this section.
77	79		SECTION 3. Section 21.009(a), Education Code, is amended to
78	80		read as follows:
79	81		(a) An applicant for a position described by Section
80	82		21.003(a) or (b) with a school district, district of innovation,
81	83		open-enrollment charter school, private school, regional education
82	84		service center, or shared services arrangement must submit, using a
83	85		form adopted by the agency, a pre-employment affidavit disclosing
84	86		whether the applicant has ever been charged with, adjudicated for,
85	87		or convicted of having an inappropriate relationship with a minor.
86	88		SECTION 4. Section 21.0581(a), Education Code, is amended
87	89		to read as follows:
88	90		(a) The board may suspend or revoke a certificate held by a
89	91		person under this subchapter, impose other sanctions against the
90	92		person, or refuse to issue a certificate to the person under this
91	93		subchapter if:
92	94		(1) the person assists another person in obtaining
93	95		employment at a school district, private school, or open-enrollment
94	96		charter school, other than by the routine transmission of
95	97		administrative and personnel files; and
96	98		(2) the person knew that the other person has
97	99		previously engaged in sexual misconduct with a minor or student in
98	100		violation of the law.
99	101		SECTION 5. Sections 21.355(c) and (d), Education Code, are
100	102		amended to read as follows:
101	103		(c) At the request of a school district, [or]
102	104		open-enrollment charter school, or private school at which a
103	105		teacher or administrator has applied for employment, a school
104	106		district or an open-enrollment charter school shall [may] give the
105	107		requesting district or school a document evaluating the performance
106	108		of a teacher or administrator employed by the school.
107	109		(d) A school district or open-enrollment charter school
108	110		shall [may] give the agency a document evaluating the performance
109	111		of a teacher or administrator employed by the district or school for
110	112		purposes of an investigation conducted by the agency.
111	113		SECTION 6. Article 42.018(c), Code of Criminal Procedure,
112	114		as added by this Act, applies only to a judgment of conviction or
113	115		order granting deferred adjudication community supervision entered
114	116		on or after the effective date of this Act.
115	117		SECTION 7. As soon as practicable after the effective date
116	118		of this Act, the commissioner of education and the State Board of
117	119		Education, on the recommendation of the State Board for Educator
118	120		Certification, shall adopt rules as necessary to implement Section
119	121		21.0062, Education Code, as added by this Act.
120	122		SECTION 8. This Act takes effect September 1, 2019.
121		-	______________________________ ______________________________
122		-	President of the Senate Speaker of the House
123		-	I hereby certify that S.B. No. 1230 passed the Senate on
124		-	April 11, 2019, by the following vote: Yeas 31, Nays 0.
125		-	______________________________
126		-	Secretary of the Senate
127		-	I hereby certify that S.B. No. 1230 passed the House on
128		-	May 22, 2019, by the following vote: Yeas 144, Nays 0, two
129		-	present not voting.
130		-	______________________________
131		-	Chief Clerk of the House
132		-	Approved:
133		-	______________________________
134		-	Date
135		-	______________________________
136		-	Governor