Texas 2019 - 86th Regular

Texas Senate Bill SB1256 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Bettencourt, Hinojosa S.B. No. 1256
2		-	West
	1	+	By: Bettencourt S.B. No. 1256
	2	+	(In the Senate - Filed February 27, 2019; March 7, 2019,
	3	+	read first time and referred to Committee on Education;
	4	+	April 16, 2019, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 10, Nays 0; April 16, 2019,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1256 By: Hughes
3	9
4	10
5	11		A BILL TO BE ENTITLED
6	12		AN ACT
7	13		relating to employing, terminating, and reporting the misconduct of
8	14		public school personnel and related entity personnel, including
9	15		creating a registry of persons ineligible for hire; creating
10	16		criminal offenses.
11	17		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	18		SECTION 1. Section 7.028(a), Education Code, is amended to
13	19		read as follows:
14	20		(a) Except as provided by Section 21.006(k), 22.093(l),
15	21		22.096, 29.001(5), 29.010(a), or 39.057, the agency may monitor
16	22		compliance with requirements applicable to a process or program
17	23		provided by a school district, campus, program, or school granted
18	24		charters under Chapter 12, including the process described by
19	25		Subchapter F, Chapter 11, or a program described by Subchapter B, C,
20	26		D, E, F, H, or I, Chapter 29, Subchapter A, Chapter 37, or Section
21	27		38.003, and the use of funds provided for such a program under
22	28		Subchapter C, Chapter 42, only as necessary to ensure:
23	29		(1) compliance with federal law and regulations;
24	30		(2) financial accountability, including compliance
25	31		with grant requirements; and
26	32		(3) data integrity for purposes of:
27	33		(A) the Public Education Information Management
28	34		System (PEIMS); and
29	35		(B) accountability under Chapters 39 and 39A.
30	36		SECTION 2. Section 12.027(a), Education Code, is amended to
31	37		read as follows:
32	38		(a) The State Board of Education may place on probation or
33	39		revoke a home-rule school district charter of a school district if
34	40		the board determines that the district:
35	41		(1) committed a material violation of the charter,
36	42		including by failure to comply with the duty to discharge or refuse
37	43		to hire certain employees or applicants for employment, as provided
38	44		by Section 12.0271;
39	45		(2) failed to satisfy generally accepted accounting
40	46		standards of fiscal management; or
41	47		(3) failed to comply with this subchapter or other
42	48		applicable federal or state law or rule.
43	49		SECTION 3. Subchapter B, Chapter 12, Education Code, is
44	50		amended by adding Section 12.0271 to read as follows:
45	51		Sec. 12.0271. FAILURE TO DISCHARGE OR REFUSE TO HIRE
46	52		CERTAIN EMPLOYEES OR APPLICANTS. A home-rule school district
47	53		commits a material violation of the school district's charter if
48	54		the school district fails to comply with the duty to discharge or
49	55		refuse to hire certain employees or applicants for employment under
50	56		Section 22.085 or 22.092.
51	57		SECTION 4. Section 12.056(b), Education Code, is amended to
52	58		read as follows:
53	59		(b) A campus or program for which a charter is granted under
54	60		this subchapter is subject to:
55	61		(1) a provision of this title establishing a criminal
56	62		offense; and
57	63		(2) a prohibition, restriction, or requirement, as
58	64		applicable, imposed by this title or a rule adopted under this
59	65		title, relating to:
60	66		(A) the Public Education Information Management
61	67		System (PEIMS) to the extent necessary to monitor compliance with
62	68		this subchapter as determined by the commissioner;
63	69		(B) criminal history records under Subchapter C,
64	70		Chapter 22;
65	71		(C) high school graduation under Section 28.025;
66	72		(D) special education programs under Subchapter
67	73		A, Chapter 29;
68	74		(E) bilingual education under Subchapter B,
69	75		Chapter 29;
70	76		(F) prekindergarten programs under Subchapter E,
71	77		Chapter 29;
72	78		(G) extracurricular activities under Section
73	79		33.081;
74	80		(H) health and safety under Chapter 38; [and]
75	81		(I) public school accountability under
76	82		Subchapters B, C, D, F, and J, Chapter 39, and Chapter 39A; and
77	83		(J) the duty to discharge or refuse to hire
78	84		certain employees or applicants for employment under Section
79	85		12.1059.
80	86		SECTION 5. Section 12.063(a), Education Code, is amended to
81	87		read as follows:
82	88		(a) A board of trustees may place on probation or revoke a
83	89		charter it grants if the board determines that the campus or
84	90		program:
85	91		(1) committed a material violation of the charter,
86	92		including by failure to comply with the duty to discharge or refuse
87	93		to hire certain employees or applicants for employment, as provided
88	94		by Section 12.0631;
89	95		(2) failed to satisfy generally accepted accounting
90	96		standards of fiscal management; or
91	97		(3) failed to comply with this subchapter, another
92	98		law, or a state agency rule.
93	99		SECTION 6. Subchapter C, Chapter 12, Education Code, is
94	100		amended by adding Section 12.0631 to read as follows:
95	101		Sec. 12.0631. FAILURE TO DISCHARGE OR REFUSE TO HIRE
96	102		CERTAIN EMPLOYEES OR APPLICANTS. A campus or campus program
97	103		granted a charter under this subchapter commits a material
98	104		violation of its charter if the campus or program fails to comply
99	105		with the duty to discharge or refuse to hire certain employees or
100	106		applicants for employment under Section 12.1059, 22.085, or 22.092.
101	107		SECTION 7. Section 12.1059, Education Code, is amended to
102	108		read as follows:
103	109		Sec. 12.1059. REQUIREMENTS [AGENCY APPROVAL REQUIRED] FOR
104	110		EMPLOYMENT OF CERTAIN EMPLOYEES. A person may not be employed by or
105	111		serve as a teacher, librarian, educational aide, administrator, or
106	112		school counselor for an open-enrollment charter school unless:
107	113		(1) the person has been approved by the agency
108	114		following a review of the person's national criminal history record
109	115		information as provided by Section 22.0832; and
110	116		(2) the school has confirmed that the person is not
111	117		included in the registry under Section 22.092.
112	118		SECTION 8. Section 12.115(a), Education Code, is amended to
113	119		read as follows:
114	120		(a) Except as provided by Subsection (c), the commissioner
115	121		shall revoke the charter of an open-enrollment charter school or
116	122		reconstitute the governing body of the charter holder if the
117	123		commissioner determines that the charter holder:
118	124		(1) committed a material violation of the charter,
119	125		including by a failure to:
120	126		(A) satisfy accountability provisions prescribed
121	127		by the charter; or
122	128		(B) comply with the duty to discharge or refuse
123	129		to hire certain employees or applicants for employment, as provided
124	130		by Section 12.1151;
125	131		(2) failed to satisfy generally accepted accounting
126	132		standards of fiscal management;
127	133		(3) failed to protect the health, safety, or welfare
128	134		of the students enrolled at the school;
129	135		(4) failed to comply with this subchapter or another
130	136		applicable law or rule;
131	137		(5) failed to satisfy the performance framework
132	138		standards adopted under Section 12.1181; or
133	139		(6) is imminently insolvent as determined by the
134	140		commissioner in accordance with commissioner rule.
135	141		SECTION 9. Subchapter D, Chapter 12, Education Code, is
136	142		amended by adding Section 12.1151 to read as follows:
137	143		Sec. 12.1151. FAILURE TO DISCHARGE OR REFUSE TO HIRE
138	144		CERTAIN EMPLOYEES OR APPLICANTS. An open-enrollment charter school
139	145		commits a material violation of the school's charter if the school
140	146		fails to comply with the duty to discharge or refuse to hire certain
141	147		employees or applicants for employment under Section 12.1059,
142	148		22.085, or 22.092.
143	149		SECTION 10. Section 12A.008, Education Code, is amended by
144	150		adding Subsection (b-1) to read as follows:
145	151		(b-1) The commissioner may terminate a district's
146	152		designation as a district of innovation if the district fails to
147	153		comply with the duty to discharge or refuse to hire certain
148	154		employees or applicants for employment under Section 12.1059,
149	155		applicable to the district under Section 12A.004(a)(1), or Section
150	156		22.085 or 22.092.
151	157		SECTION 11. Section 21.006, Education Code, is amended by
152	158		amending Subsections (a), (b), (b-1), (b-2), (c-1), (d), and (e)
153	159		and adding Subsections (g-1) and (k) to read as follows:
154	160		(a) In this section:
155	161		(1) "Abuse"[, "abuse"] has the meaning assigned by
156	162		Section 261.001, Family Code, and includes any sexual conduct
157	163		involving an educator and a student or minor.
158	164		(2) "Other charter entity" means:
159	165		(A) a school district operating under a home-rule
160	166		school district charter adopted under Subchapter B, Chapter 12;
161	167		(B) a campus or campus program operating under a
162	168		charter granted under Subchapter C, Chapter 12; and
163	169		(C) an entity that contracts to partner with a
164	170		school district under Section 11.174(a)(2) to operate a district
165	171		campus under a charter granted to the entity by the district under
166	172		Subchapter C, Chapter 12.
167	173		(b) In addition to the reporting requirement under Section
168	174		261.101, Family Code, the superintendent or director of a school
169	175		district, district of innovation, open-enrollment charter school,
170	176		other charter entity, regional education service center, or shared
171	177		services arrangement shall notify the State Board for Educator
172	178		Certification if:
173	179		(1) an educator employed by or seeking employment by
174	180		the school district, district of innovation, charter school, other
175	181		charter entity, service center, or shared services arrangement has
176	182		a criminal record and the school district, district of innovation,
177	183		charter school, other charter entity, service center, or shared
178	184		services arrangement obtained information about the educator's
179	185		criminal record by a means other than the criminal history
180	186		clearinghouse established under Section 411.0845, Government Code;
181	187		(2) an educator's employment at the school district,
182	188		district of innovation, charter school, other charter entity,
183	189		service center, or shared services arrangement was terminated and
184	190		there is evidence that the educator:
185	191		(A) abused or otherwise committed an unlawful act
186	192		with a student or minor;
187	193		(A-1) was involved in a romantic relationship
188	194		with or solicited or engaged in sexual contact with a student or
189	195		minor;
190	196		(B) possessed, transferred, sold, or distributed
191	197		a controlled substance, as defined by Chapter 481, Health and
192	198		Safety Code, or by 21 U.S.C. Section 801 et seq.;
193	199		(C) illegally transferred, appropriated, or
194	200		expended funds or other property of the school district, district
195	201		of innovation, charter school, other charter entity, service
196	202		center, or shared services arrangement;
197	203		(D) attempted by fraudulent or unauthorized
198	204		means to obtain or alter a professional certificate or license for
199	205		the purpose of promotion or additional compensation; or
200	206		(E) committed a criminal offense or any part of a
201	207		criminal offense on school property or at a school-sponsored event;
202	208		(3) the educator resigned and there is evidence that
203	209		the educator engaged in misconduct described by Subdivision (2); or
204	210		(4) the educator engaged in conduct that violated the
205	211		assessment instrument security procedures established under
206	212		Section 39.0301.
207	213		(b-1) A superintendent or director of a school district,
208	214		district of innovation, open-enrollment charter school, other
209	215		charter entity, regional education service center, or shared
210	216		services arrangement shall complete an investigation of an educator
211	217		that involves evidence that the educator may have engaged in
212	218		misconduct described by Subsection (b)(2)(A) or (A-1), despite the
213	219		educator's resignation from employment before completion of the
214	220		investigation.
215	221		(b-2) The principal of a school district, district of
216	222		innovation, [or] open-enrollment charter school, or other charter
217	223		entity campus must notify the superintendent or director of the
218	224		school district, district of innovation, [or] charter school, or
219	225		other charter entity not later than the seventh business day after
220	226		the date:
221	227		(1) of an educator's termination of employment or
222	228		resignation following an alleged incident of misconduct described
223	229		by Subsection (b); or
224	230		(2) the principal knew about an educator's criminal
225	231		record under Subsection (b)(1).
226	232		(c-1) The report under Subsection (c):
227	233		(1) must be:
228	234		(A) [(1)] in writing; and
229	235		(B) [(2)] in a form prescribed by the board; and
230	236		(2) may be filed through the Internet portal developed
231	237		and maintained by the State Board for Educator Certification under
232	238		Subsection (g-1).
233	239		(d) The superintendent or director shall notify the board of
234	240		trustees or governing body of the school district, open-enrollment
235	241		charter school, other charter entity, regional education service
236	242		center, or shared services arrangement and the educator of the
237	243		filing of the report required by Subsection (c).
238	244		(e) A superintendent, director, or principal of a school
239	245		district, district of innovation, open-enrollment charter school,
240	246		other charter entity, regional education service center, or shared
241	247		services arrangement who in good faith and while acting in an
242	248		official capacity files a report with the State Board for Educator
243	249		Certification under this section or communicates with another
244	250		superintendent, director, or principal concerning an educator's
245	251		criminal record or alleged incident of misconduct is immune from
246	252		civil or criminal liability that might otherwise be incurred or
247	253		imposed.
248	254		(g-1) The State Board for Educator Certification shall
249	255		develop and maintain an Internet portal through which a report
250	256		required under Subsection (c) may be confidentially and securely
251	257		filed.
252	258		(k) The commissioner may review the records of a school
253	259		district, district of innovation, open-enrollment charter school,
254	260		other charter entity, regional education service center, or shared
255	261		services arrangement to ensure compliance with the requirement to
256	262		report misconduct under this section.
257	263		SECTION 12. Section 21.0061, Education Code, is amended by
258	264		amending Subsection (a) and adding Subsection (c) to read as
259	265		follows:
260	266		(a) The board of trustees or governing body of a school
261	267		district, district of innovation, open-enrollment charter school,
262	268		other charter entity, regional education service center, or shared
263	269		services arrangement shall adopt a policy under which notice is
264	270		provided to the parent or guardian of a student with whom an
265	271		educator is alleged to have engaged in misconduct described by
266	272		Section 21.006(b)(2)(A) or (A-1) informing the parent or guardian:
267	273		(1) that the alleged misconduct occurred;
268	274		(2) whether the educator was terminated following an
269	275		investigation of the alleged misconduct or resigned before
270	276		completion of the investigation; and
271	277		(3) whether a report was submitted to the State Board
272	278		for Educator Certification concerning the alleged misconduct.
273	279		(c) In this section, "other charter entity" has the meaning
274	280		assigned by Section 21.006.
275	281		SECTION 13. Subchapter B, Chapter 21, Education Code, is
276	282		amended by adding Section 21.0585 to read as follows:
277	283		Sec. 21.0585. NOTICE TO AGENCY REGARDING REVOCATION OF
278	284		CERTIFICATE OR PERMIT FOR CERTAIN MISCONDUCT. The board shall
279	285		promptly notify the agency for purposes of Section 22.092 if the
280	286		board revokes a certificate or permit of a person on a finding that
281	287		the person engaged in misconduct described by Section
282	288		21.006(b)(2)(A) or (A-1).
283	289		SECTION 14. Subchapter C, Chapter 22, Education Code, is
284	290		amended by adding Sections 22.0815 and 22.0825 to read as follows:
285	291		Sec. 22.0815. APPLICABILITY OF SUBCHAPTER TO DISTRICTS OF
286	292		INNOVATION AND OTHER CHARTER ENTITIES. (a) In this section,
287	293		"other charter entity" has the meaning assigned by Section 21.006.
288	294		(b) A prohibition, restriction, or requirement imposed by
289	295		this subchapter on an open-enrollment charter school applies to the
290	296		same extent to a district of innovation or other charter entity.
291	297		(c) The failure of a district of innovation to provide
292	298		information required under Section 22.0832 may result in
293	299		termination of the district's designation as a district of
294	300		innovation.
295	301		Sec. 22.0825. ACCESS TO CRIMINAL HISTORY RECORDS BY TEXAS
296	302		EDUCATION AGENCY. (a) In this section, "other charter entity" has
297	303		the meaning assigned by Section 21.006.
298	304		(b) The agency shall subscribe to the criminal history
299	305		clearinghouse as provided by Section 411.0845, Government Code, and
300	306		may obtain from any law enforcement or criminal justice agency all
301	307		criminal history record information and all records contained in
302	308		any closed criminal investigation file that relate to a specific
303	309		applicant for employment or current or former employee of a school
304	310		district, district of innovation, open-enrollment charter school,
305	311		other charter entity, regional education service center, or shared
306	312		services arrangement.
307	313		SECTION 15. The heading to Section 22.085, Education Code,
308	314		is amended to read as follows:
309	315		Sec. 22.085. EMPLOYEES AND APPLICANTS CONVICTED OF OR
310	316		PLACED ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN
311	317		OFFENSES.
312	318		SECTION 16. Sections 22.085(a) and (e), Education Code, are
313	319		amended to read as follows:
314	320		(a) A school district, open-enrollment charter school, or
315	321		shared services arrangement shall discharge or refuse to hire an
316	322		employee or applicant for employment if the district, school, or
317	323		shared services arrangement obtains information through a criminal
318	324		history record information review that[:
319	325		[(1)] the employee or applicant has been:
320	326		(1) convicted of or placed on deferred adjudication
321	327		community supervision for[:
322	328		[(A) a felony offense under Title 5, Penal Code;
323	329		[(B)] an offense for [on conviction of] which a
324	330		defendant is required to register as a sex offender under Chapter
325	331		62, Code of Criminal Procedure; or
326	332		(2) convicted of:
327	333		(A) a felony offense under Title 5, Penal Code,
328	334		if the victim of the offense was under 18 years of age at the time
329	335		the offense was committed; or
330	336		(B) [(C)] an offense under the laws of another
331	337		state or federal law that is equivalent to an offense under
332	338		Subdivision (1) or Paragraph (A) [or (B); and
333	339		[(2) at the time the offense occurred, the victim of
334	340		the offense described by Subdivision (1) was under 18 years of age
335	341		or was enrolled in a public school].
336	342		(e) The State Board for Educator Certification may impose a
337	343		sanction on an educator who does not discharge an employee or refuse
338	344		to hire an applicant for employment if the educator knows or should
339	345		have known, through a criminal history record information review,
340	346		that the employee or applicant has been:
341	347		(1) convicted of or placed on deferred adjudication
342	348		community supervision for an offense described by Subsection
343	349		(a)(1); or
344	350		(2) convicted of an offense described by Subsection
345	351		(a)(2) [(a)].
346	352		SECTION 17. Chapter 22, Education Code, is amended by
347	353		adding Subchapter C-1 to read as follows:
348	354		SUBCHAPTER C-1. PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC
349	355		SCHOOLS
350	356		Sec. 22.091. DEFINITION. In this subchapter, "other
351	357		charter entity" has the meaning assigned by Section 21.006.
352	358		Sec. 22.092. REGISTRY OF PERSONS NOT ELIGIBLE FOR
353	359		EMPLOYMENT IN PUBLIC SCHOOLS. (a) The agency shall maintain and
354	360		make available through the Internet portal developed and maintained
355	361		by the agency under Section 22.095 a registry of persons who are not
356	362		eligible to be employed by a school district, district of
357	363		innovation, open-enrollment charter school, other charter entity,
358	364		regional education service center, or shared services arrangement.
359	365		(b) A school district, district of innovation,
360	366		open-enrollment charter school, other charter entity, regional
361	367		education service center, or shared services arrangement shall
362	368		discharge or refuse to hire a person listed on the registry
363	369		maintained under this section.
364	370		(c) The registry maintained under this section must list the
365	371		following persons as not eligible to be employed by public schools:
366	372		(1) a person determined by the agency under Section
367	373		22.0832 as a person who would not be eligible for educator
368	374		certification under Subchapter B, Chapter 21;
369	375		(2) a person determined by the agency to be not
370	376		eligible for employment based on the person's criminal history
371	377		record information review, as provided by Section 22.0833;
372	378		(3) a person who is not eligible for employment based
373	379		on criminal history record information received by the agency under
374	380		Section 21.058(b);
375	381		(4) a person whose certification or permit issued
376	382		under Subchapter B, Chapter 21, is revoked by the State Board for
377	383		Educator Certification on a finding that the person engaged in
378	384		misconduct described by Section 21.006(b)(2)(A) or (A-1); and
379	385		(5) a person who is determined by the commissioner
380	386		under Section 22.094 to have engaged in misconduct described by
381	387		Section 22.093(c)(1)(A) or (B).
382	388		(d) The agency shall provide private schools and public
383	389		schools equivalent access to the registry maintained under this
384	390		section.
385	391		(e) The agency shall adopt rules as necessary to implement
386	392		this section.
387	393		Sec. 22.093. REQUIREMENT TO REPORT EMPLOYEE MISCONDUCT.
388	394		(a) In this section, "abuse" has the meaning assigned by Section
389	395		261.001, Family Code, and includes any sexual conduct involving a
390	396		student or minor.
391	397		(b) This section applies to a person who is employed by a
392	398		school district, district of innovation, open-enrollment charter
393	399		school, other charter entity, regional education service center, or
394	400		shared services arrangement and who does not hold a certification
395	401		or permit issued under Subchapter B, Chapter 21.
396	402		(c) In addition to the reporting requirement under Section
397	403		261.101, Family Code, the superintendent or director of a school
398	404		district, district of innovation, open-enrollment charter school,
399	405		other charter entity, regional education service center, or shared
400	406		services arrangement shall notify the commissioner if:
401	407		(1) an employee's employment at the school district,
402	408		district of innovation, charter school, other charter entity,
403	409		service center, or shared services arrangement was terminated and
404	410		there is evidence that the employee:
405	411		(A) abused or otherwise committed an unlawful act
406	412		with a student or minor; or
407	413		(B) was involved in a romantic relationship with
408	414		or solicited or engaged in sexual contact with a student or minor;
409	415		or
410	416		(2) the employee resigned and there is evidence that
411	417		the employee engaged in misconduct described by Subdivision (1).
412	418		(d) A superintendent or director of a school district,
413	419		district of innovation, open-enrollment charter school, other
414	420		charter entity, regional education service center, or shared
415	421		services arrangement shall complete an investigation of an employee
416	422		that involves evidence that the employee may have engaged in
417	423		misconduct described by Subsection (c)(1)(A) or (B), despite the
418	424		employee's resignation from employment before completion of the
419	425		investigation.
420	426		(e) The principal of a school district, district of
421	427		innovation, open-enrollment charter school, or other charter
422	428		entity campus must notify the superintendent or director of the
423	429		school district, district of innovation, charter school, or other
424	430		charter entity not later than the seventh business day after the
425	431		date of an employee's termination of employment or resignation
426	432		following an alleged incident of misconduct described by Subsection
427	433		(c)(1)(A) or (B).
428	434		(f) The superintendent or director must notify the
429	435		commissioner by filing a report with the commissioner not later
430	436		than the seventh business day after the date the superintendent or
431	437		director receives a report from a principal under Subsection (e) or
432	438		knew about an employee's termination of employment or resignation
433	439		following an alleged incident of misconduct described by Subsection
434	440		(c)(1)(A) or (B). The report must be:
435	441		(1) in writing; and
436	442		(2) in a form prescribed by the commissioner.
437	443		(g) The superintendent or director shall notify the board of
438	444		trustees or governing body of the school district, district of
439	445		innovation, open-enrollment charter school, other charter entity,
440	446		regional education service center, or shared services arrangement
441	447		and the employee of the filing of the report required by Subsection
442	448		(f).
443	449		(h) A superintendent or director who in good faith and while
444	450		acting in an official capacity files a report with the commissioner
445	451		under Subsection (f) or a principal who in good faith and while
446	452		acting in an official capacity notifies a superintendent or
447	453		director under Subsection (e) is immune from civil or criminal
448	454		liability that might otherwise be incurred or imposed.
449	455		(i) The commissioner shall refer an educator who fails to
450	456		file a report in violation of Subsection (f) to the State Board for
451	457		Educator Certification, and the board shall determine whether to
452	458		impose sanctions against the educator.
453	459		(j) The name of a student or minor who is the victim of abuse
454	460		or unlawful conduct by an employee must be included in a report
455	461		filed under this section, but the name of the student or minor is
456	462		not public information under Chapter 552, Government Code.
457	463		(k) A superintendent or director required to file a report
458	464		under Subsection (f) commits an offense if the superintendent or
459	465		director fails to file the report by the date required by that
460	466		subsection with intent to conceal an employee's criminal record or
461	467		alleged incident of misconduct. A principal required to notify a
462	468		superintendent or director about an employee's alleged incident of
463	469		misconduct under Subsection (e) commits an offense if the principal
464	470		fails to provide the notice by the date required by that subsection
465	471		with intent to conceal an employee's alleged incident of
466	472		misconduct. An offense under this subsection is a state jail
467	473		felony.
468	474		(l) The commissioner may review the records of a school
469	475		district, district of innovation, open-enrollment charter school,
470	476		other charter entity, regional education service center, or shared
471	477		services arrangement to ensure compliance with the requirement to
472	478		report misconduct under this section.
473	479		(m) The commissioner shall adopt rules as necessary to
474	480		implement this section.
475	481		Sec. 22.094. NOTICE OF ALLEGED MISCONDUCT; INVESTIGATION;
476	482		HEARING. (a) A person described by Section 22.093(b) and who is
477	483		the subject of a report that alleges misconduct described by
478	484		Section 22.093(c)(1)(A) or (B) is entitled to a hearing on the
479	485		merits of the allegations of misconduct under the procedures
480	486		provided by Chapter 2001, Government Code, to contest the
481	487		allegation in the report.
482	488		(b) On receiving a report filed under Section 22.093(f), the
483	489		commissioner shall promptly send to the person who is the subject of
484	490		the report a notice that includes:
485	491		(1) a statement informing the person that the person
486	492		must request a hearing on the merits of the allegations of
487	493		misconduct within the period provided by Subsection (c);
488	494		(2) a request that the person submit a written
489	495		response within the period provided by Subsection (c) to show cause
490	496		why the commissioner should not pursue an investigation; and
491	497		(3) a statement informing the person that if the
492	498		person does not timely submit a written response to show cause as
493	499		provided by Subdivision (2), the agency shall provide information
494	500		indicating the person is under investigation in the manner provided
495	501		by Subsection (d).
496	502		(c) A person entitled to a hearing under Subsection (a) must
497	503		request a hearing and submit a written response to show cause not
498	504		later than the 10th day after the date the person receives the
499	505		notice from the commissioner provided under Subsection (b).
500	506		(d) If a person who receives notice provided under
501	507		Subsection (b) does not timely submit a written response to show
502	508		cause why the commissioner should not pursue an investigation, the
503	509		commissioner shall instruct the agency to make available through
504	510		the Internet portal developed and maintained by the agency under
505	511		Section 22.095 information indicating that the person is under
506	512		investigation for alleged misconduct.
507	513		(e) If a person entitled to a hearing under Subsection (a)
508	514		does not request a hearing as provided by Subsection (c), the
509	515		commissioner shall:
510	516		(1) based on the report filed under Section 22.093(f),
511	517		make a determination whether the person engaged in misconduct; and
512	518		(2) if the commissioner determines that the person
513	519		engaged in misconduct described by Section 22.093(c)(1)(A) or (B),
514	520		instruct the agency to add the person's name to the registry
515	521		maintained under Section 22.092.
516	522		(f) If a person entitled to a hearing under Subsection (a)
517	523		requests a hearing as provided by Subsection (c) and the final
518	524		decision in that hearing determines that the person engaged in
519	525		misconduct described by Section 22.093(c)(1)(A) or (B), the
520	526		commissioner shall instruct the agency to add the person's name to
521	527		the registry maintained under Section 22.092.
522	528		(g) If a person entitled to a hearing under Subsection (a)
523	529		requests a hearing as provided by Subsection (c) and the final
524	530		decision in that hearing determines that the person did not engage
525	531		in misconduct described by Section 22.093(c)(1)(A) or (B), the
526	532		commissioner shall instruct the agency to immediately remove from
527	533		the Internet portal developed and maintained by the agency under
528	534		Section 22.095 the information indicating that the person is under
529	535		investigation for alleged misconduct.
530	536		(h) The commissioner shall adopt rules as necessary to
531	537		implement this section.
532	538		Sec. 22.095. INTERNET PORTAL. The agency shall develop and
533	539		maintain an Internet portal through which:
534	540		(1) a report required under Section 22.093(f) may be
535	541		confidentially and securely filed; and
536	542		(2) the agency makes available:
537	543		(A) the registry of persons who are not eligible
538	544		to be employed in public schools as described by Section 22.092; and
539	545		(B) information indicating that a person is under
540	546		investigation for alleged misconduct in accordance with Section
541	547		22.094(d), provided that the agency must provide the information
542	548		through a procedure other than the registry described under
543	549		Paragraph (A).
544	550		Sec. 22.096. COMPLIANCE MONITORING. The agency shall
545	551		periodically conduct site visits and review the records of school
546	552		districts, districts of innovation, open-enrollment charter
547	553		schools, other charter entities, regional education service
548	554		centers, and shared services arrangements to ensure compliance with
549	555		Section 22.092(b).
550	556		SECTION 18. Section 39.0302(a), Education Code, is amended
551	557		to read as follows:
552	558		(a) During an agency investigation or audit of a school
553	559		district under Section 39.0301(e) or (f), an accreditation
554	560		investigation under Section 39.057(a)(8) or (14), a compliance
555	561		review under Section 21.006(k), 22.093(l), or 22.096, or an
556	562		investigation by the State Board for Educator Certification of an
557	563		educator for an alleged violation of an assessment instrument
558	564		security procedure established under Section 39.0301(a), the
559	565		commissioner may issue a subpoena to compel the attendance of a
560	566		relevant witness or the production, for inspection or copying, of
561	567		relevant evidence that is located in this state.
562	568		SECTION 19. As soon as practicable after the effective date
563	569		of this Act:
564	570		(1) the State Board for Educator Certification shall
565	571		develop the Internet portal required by Section 21.006(g-1),
566	572		Education Code, as added by this Act; and
567	573		(2) the Texas Education Agency shall develop the
568	574		Internet portal required by Section 22.095, Education Code, as
569	575		added by this Act.
570	576		SECTION 20. The Texas Education Agency shall establish the
571	577		registry of persons who are not eligible to be employed by a school
572	578		district, district of innovation, open-enrollment charter school,
573	579		other charter entity, regional education service center, or shared
574	580		services arrangement, as required by Section 22.092, Education
575	581		Code, as added by this Act, as soon as practicable and not later
576	582		than January 1, 2020.
577	583		SECTION 21. The State Board for Educator Certification is
578	584		required to implement a provision of this Act only if the
579	585		legislature appropriates money specifically for that purpose. If
580	586		the legislature does not appropriate money specifically for that
581	587		purpose, the board may, but is not required to, implement a
582	588		provision of this Act using other appropriations available for that
583	589		purpose.
584	590		SECTION 22. The Texas Education Agency is required to
585	591		implement a provision of this Act only if the legislature
586	592		appropriates money specifically for that purpose. If the
587	593		legislature does not appropriate money specifically for that
588	594		purpose, the agency may, but is not required to, implement a
589	595		provision of this Act using other appropriations available for that
590	596		purpose.
591	597		SECTION 23. This Act takes effect September 1, 2019.
	598	+	* * * * *