S.B. No. 1230
AN ACT
relating to the reporting of private school educator misconduct.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42.018, Code of Criminal Procedure, is
amended by adding Subsections (c) and (d) to read as follows:
(c) Not later than the fifth day after the date a person who
is employed by a private school is convicted or granted deferred
adjudication on the basis of an offense, the clerk of the court in
which the conviction or deferred adjudication is entered shall
provide to the chief administrative officer of the private school
at which the person is employed written notice of the person's
conviction or deferred adjudication, including the offense on which
the conviction or deferred adjudication was based.
(d) In this article, "private school" has the meaning
assigned by Section 5.001, Education Code.
SECTION 2. Subchapter A, Chapter 21, Education Code, is
amended by adding Section 21.0062 to read as follows:
Sec. 21.0062. REQUIREMENT TO REPORT MISCONDUCT: PRIVATE
SCHOOLS. (a) In this section:
(1) "Abuse" has the meaning assigned by Section
261.001, Family Code, and includes any sexual conduct involving a
student or minor and private school educator.
(2) "Private school educator" means a person employed
by or seeking employment in a private school for a position in which
the person would be required to hold a certificate issued under
Subchapter B if the person were employed by a school district.
(b) In addition to the reporting requirement under Section
261.101, Family Code, the chief administrative officer of a private
school shall notify the State Board for Educator Certification if a
private school educator:
(1) has a criminal record and the private school
obtained information about the educator's criminal record; or
(2) was terminated and there is evidence that the
educator:
(A) abused or otherwise committed an unlawful act
with a student or minor; or
(B) was involved in a romantic relationship with
or solicited or engaged in sexual contact with a student or minor.
(c) If there is evidence that a private school educator may
have engaged in misconduct described by Subsection (b) and the
educator resigns from employment before completion of the
investigation, the chief administrative officer of the private
school shall submit the evidence of misconduct collected to the
State Board for Educator Certification.
(d) The chief administrative officer of the private school
must notify the State Board for Educator Certification by filing a
report with the board not later than the seventh business day after
the date the chief administrative officer knew that a private
school educator:
(1) has a criminal record under Subsection (b)(1); or
(2) was terminated following an alleged incident of
misconduct described by Subsection (b)(2).
(e) The report filed under Subsection (d) must be:
(1) in writing; and
(2) in a form prescribed by the board.
(f) Any person who knows or has reason to believe that a
private school educator engaged in the misconduct described by
Subsection (b)(2) may file a report with the State Board for
Educator Certification under this section.
(g) A chief administrative officer of a private school or
any other person who in good faith files a report with the State
Board for Educator Certification under this section or communicates
with a chief administrative officer or other administrator of a
private school concerning the criminal record of or an alleged
incident of misconduct by a private school educator is immune from
civil or criminal liability that might otherwise be incurred or
imposed.
(h) The name of a student or minor who is the victim of abuse
or unlawful conduct by a private school educator must be included in
a report filed under this section, but the name of the student or
minor is not public information under Chapter 552, Government Code.
(i) The State Board for Educator Certification shall
propose rules as necessary to implement this section.
SECTION 3. Section 21.009(a), Education Code, is amended to
read as follows:
(a) An applicant for a position described by Section
21.003(a) or (b) with a school district, district of innovation,
open-enrollment charter school, private school, regional education
service center, or shared services arrangement must submit, using a
form adopted by the agency, a pre-employment affidavit disclosing
whether the applicant has ever been charged with, adjudicated for,
or convicted of having an inappropriate relationship with a minor.
SECTION 4. Section 21.0581(a), Education Code, is amended
to read as follows:
(a) The board may suspend or revoke a certificate held by a
person under this subchapter, impose other sanctions against the
person, or refuse to issue a certificate to the person under this
subchapter if:
(1) the person assists another person in obtaining
employment at a school district, private school, or open-enrollment
charter school, other than by the routine transmission of
administrative and personnel files; and
(2) the person knew that the other person has
previously engaged in sexual misconduct with a minor or student in
violation of the law.
SECTION 5. Sections 21.355(c) and (d), Education Code, are
amended to read as follows:
(c) At the request of a school district, [or]
open-enrollment charter school, or private school at which a
teacher or administrator has applied for employment, a school
district or an open-enrollment charter school shall [may] give the
requesting district or school a document evaluating the performance
of a teacher or administrator employed by the school.
(d) A school district or open-enrollment charter school
shall [may] give the agency a document evaluating the performance
of a teacher or administrator employed by the district or school for
purposes of an investigation conducted by the agency.
SECTION 6. Article 42.018(c), Code of Criminal Procedure,
as added by this Act, applies only to a judgment of conviction or
order granting deferred adjudication community supervision entered
on or after the effective date of this Act.
SECTION 7. As soon as practicable after the effective date
of this Act, the commissioner of education and the State Board of
Education, on the recommendation of the State Board for Educator
Certification, shall adopt rules as necessary to implement Section
21.0062, Education Code, as added by this Act.
SECTION 8. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1230 passed the Senate on
April 11, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1230 passed the House on
May 22, 2019, by the following vote: Yeas 144, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor