Texas 2019 - 86th Regular

Texas Senate Bill SB933 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Bettencourt, et al. S.B. No. 933
	2	+	(In the Senate - Filed February 20, 2019; March 1, 2019,
	3	+	read first time and referred to Committee on Education;
	4	+	April 9, 2019, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 10, Nays 0; April 9, 2019,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 933 By: Bettencourt
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to the creation of the office of inspector general at the
7	14		Texas Education Agency to investigate the administration of public
8	15		education.
9	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	17		SECTION 1. Chapter 7, Education Code, is amended by adding
11	18		Subchapter E to read as follows:
12	19		SUBCHAPTER E. OFFICE OF INSPECTOR GENERAL
13	20		Sec. 7.151. DEFINITIONS. In this subchapter:
14	21		(1) "Fraud" means an intentional deception or
15	22		misrepresentation made by a person with the knowledge that the
16	23		deception could result in some unauthorized benefit to that person
17	24		or some other person. The term includes any act that constitutes
18	25		fraud under applicable federal or state law.
19		-	(2) "Local education agency" includes a school
20		-	district or county system described by Subchapter G, Chapter 11.
21		-	(3) "Office" means the office of inspector general
	26	+	(2) "Office" means the office of inspector general
22	27		established under this subchapter.
23	28		Sec. 7.152. OFFICE OF INSPECTOR GENERAL. (a) The office
24	29		of inspector general is established as a division within the
25	30		agency.
26	31		(b) The commissioner shall appoint an inspector general to
27	32		serve as director of the office. The inspector general serves until
28	33		removed by the commissioner.
29	34		(c) The agency shall provide staff and administrative
30	35		resources and support services as necessary to ensure
31	36		investigations and reviews authorized by this subchapter are
32	37		conducted expeditiously.
33	38		Sec. 7.153. GENERAL RESPONSIBILITIES. (a) The office is
34	39		responsible for the investigation, prevention, and detection of
35		-	wrongdoing and of fraud, waste, and abuse in the administration of
36		-	public education by school districts, open-enrollment charter
	40	+	criminal misconduct and wrongdoing and of fraud, waste, and abuse
	41	+	in the administration of public education by the agency, the State
	42	+	Board of Education, school districts, open-enrollment charter
37	43		schools, regional education service centers, and other local
38	44		education agencies in this state.
39		-	(b) The office ~~may~~ investigate allegations of fraud, ~~waste,~~
40		-	and abuse and violations of this code or other law.
	45	+	(b) The office shall investigate allegations of fraud,
	46	+	waste, and abuse and violations of this code or other law.
41	47		(c) The office may:
42		-	(1) conduct civil and administrative ~~investigations~~
43		-	and initiate reviews of ~~a school district~~, ~~an open-enrollment~~
44		-	charter school, ~~a regional education service center, or another~~
45		-	local education ~~agency as considered appropriate by the inspector~~
46		-	general;
	48	+	(1) conduct criminal, civil, and administrative
	49	+	investigations and initiate reviews of the agency, the State Board
	50	+	of Education, a school district, an open-enrollment charter school,
	51	+	a regional education service center, or another local education
	52	+	agency as considered appropriate by the inspector general;
47	53		(2) receive and investigate complaints from any source
48	54		on its own initiative;
49	55		(3) conduct special accreditation investigations
50	56		authorized by the commissioner under Section 39.057(a); and
51		-	(4) make findings of fact that a school district, an
52		-	open-enrollment charter school, a regional education service
53		-	center, or another local education agency or an employee or agent of
54		-	the entity committed an act of wrongdoing, fraud, waste, or abuse in
	57	+	(4) make findings of fact that the agency, the State
	58	+	Board of Education, a school district, an open-enrollment charter
	59	+	school, a regional education service center, or another local
	60	+	education agency or an employee or agent of the entity committed an
	61	+	act of criminal misconduct, wrongdoing, fraud, waste, or abuse in
55	62		the administration of public education and take appropriate action
56	63		as determined by the commissioner, regardless of any time
57	64		requirement relating to the action under Chapter 8, 12, or 39A.
58		-	(d) The commissioner may order the office to conduct a
59		-	forensic audit of any entity over which the office has
60		-	jurisdiction. The entity for which the audit was ordered shall pay
61		-	the costs of the audit.
	65	+	(d) The commissioner or chair of any legislative committee
	66	+	may order the office to conduct a forensic audit of any entity over
	67	+	which the office has jurisdiction.
62	68		(e) The office shall perform all other duties and exercise
63	69		all other powers granted to the office by this subchapter or another
64	70		law.
65	71		Sec. 7.154. GENERAL POWERS. (a) The office has all the
66	72		powers necessary or appropriate to carry out its responsibilities
67	73		and functions under this subchapter and other law.
68	74		(b) Subject to Subsection (c), in conducting an
69		-	investigation under this subchapter of the board ~~of trustees of a~~
70		-	school district, the ~~governing body of an open-enrollment charter~~
71		-	school, the board of ~~directors of a regional education service~~
72		-	center, another local ~~education agency, or the executive leadership~~
73		-	of any of those ~~entities, the office may:~~
74		-	~~(1) attend any meeting or proceeding of~~ the ~~school~~
75		-	~~district~~, ~~open-enrollment charter school, regional education~~
76		-	~~service center~~, ~~or other local education agency~~, ~~including a~~
77		-	~~meeting~~ or ~~proceeding that is closed to the public, except for a~~
78		-	~~private consultation of~~ the ~~entity with its attorney permitted~~
79		-	~~under Section 551.071, Government Code~~; and
	75	+	investigation under this subchapter of the agency, the State Board
	76	+	of Education, the board of trustees of a school district, the
	77	+	governing body of an open-enrollment charter school, the board of
	78	+	directors of a regional education service center, another local
	79	+	education agency, or the executive leadership of any of those
	80	+	entities, the office may:
	81	+	(1) attend any meeting or proceeding of the agency,
	82	+	State Board of Education, school district, open-enrollment charter
	83	+	school, regional education service center, or other local education
	84	+	agency, including a meeting or proceeding that is closed to the
	85	+	public; and
80	86		(2) inspect the records, documents, and files of the
81		-	school district, open-enrollment charter school, regional
82		-	education service center, or other local education agency,
83		-	including any record, document, or file that is not subject to
84		-	public disclosure under Chapter 552, Government Code, or other law.
	87	+	agency, State Board of Education, school district, open-enrollment
	88	+	charter school, regional education service center, or other local
	89	+	education agency, including any record, document, or file that is
	90	+	an attorney-client communication between a member of the State
	91	+	Board of Education, executive leadership of the agency, board of
	92	+	trustees of a school district, governing body of an open-enrollment
	93	+	charter school, board of directors of a regional education service
	94	+	center, or executive leadership of another local education agency
	95	+	and the attorney of the entity by which the person is employed.
85	96		(c) The office's authority under Subsection (b) applies
86	97		only to a meeting, a proceeding, or information that is relevant to
87	98		the discovery of relevant information regarding an allegation of
88		-	wrongdoing or a violation of this code or of fraud, waste, or abuse
89		-	in the administration of public education by a person or entity
90		-	described by Subsection (b). The office may not inspect a record,
91		-	document, or file that is a privileged communication between an
92		-	individual and the individual's attorney.
93		-	(d) The inspection or disclosure of a record, document, or
94		-	file for purposes of an investigation under this subchapter is not a
95		-	voluntary disclosure under Section 552.007, Government Code. A
96		-	record, document, or file made available to the office for purposes
97		-	of an investigation under this subchapter is not subject to public
98		-	disclosure by the office.
	99	+	criminal misconduct, wrongdoing, or a violation of this code or of
	100	+	fraud, waste, or abuse in the administration of public education by
	101	+	a person or entity described by Subsection (b). The office may not
	102	+	inspect a record, document, or file that is a privileged
	103	+	communication between an individual and the individual's personal
	104	+	attorney.
99	105		Sec. 7.155. SUBPOENAS. (a) The inspector general may
100	106		issue a subpoena to compel the attendance of a relevant witness at a
101	107		hearing or deposition under this subchapter or to compel the
102	108		production, for inspection or copying, of books, papers, records,
103	109		documents, or other relevant materials, including electronic data,
104	110		in connection with an investigation, review, hearing, or deposition
105	111		conducted under this subchapter.
106	112		(b) A subpoena may be served personally or by certified
107	113		mail. If a person fails to comply with a subpoena, the inspector
108	114		general, acting through the attorney general, may file suit to
109	115		enforce the subpoena in a district court in this state.
110	116		(c) On finding that good cause exists for issuing the
111	117		subpoena, the court shall order the person to comply with the
112	118		subpoena. The court may hold in contempt a person who fails to obey
113	119		the court order.
114		-	Sec. 7.156. COOPERATION WITH OTHER ENTITIES. The office
115		-	may refer matters for further civil and administrative action to
116		-	appropriate administrative agencies, including the attorney
117		-	general.
	120	+	Sec. 7.156. COOPERATION WITH LAW ENFORCEMENT OFFICIALS AND
	121	+	OTHER ENTITIES. (a) The office may provide information and
	122	+	evidence relating to criminal acts to the state auditor's office
	123	+	and appropriate law enforcement officials.
	124	+	(b) The office may refer matters for further civil,
	125	+	criminal, and administrative action to appropriate administrative
	126	+	and prosecutorial agencies, including the attorney general.
118	127		SECTION 2. Section 39.057(a), Education Code, is amended to
119	128		read as follows:
120	129		(a) The commissioner may authorize special accreditation
121	130		investigations to be conducted:
122	131		(1) when excessive numbers of absences of students
123	132		eligible to be tested on state assessment instruments are
124	133		determined;
125	134		(2) when excessive numbers of allowable exemptions
126	135		from the required state assessment instruments are determined;
127	136		(3) in response to complaints submitted to the agency
128	137		with respect to alleged violations of civil rights or other
129	138		requirements imposed on the state by federal law or court order;
130	139		(4) in response to established compliance reviews of
131	140		the district's financial accounting practices and state and federal
132	141		program requirements;
133	142		(5) when extraordinary numbers of student placements
134	143		in disciplinary alternative education programs, other than
135	144		placements under Sections 37.006 and 37.007, are determined;
136	145		(6) in response to an allegation involving a conflict
137	146		between members of the board of trustees or between the board and
138	147		the district administration if it appears that the conflict
139	148		involves a violation of a role or duty of the board members or the
140	149		administration clearly defined by this code;
141	150		(7) when excessive numbers of students in special
142	151		education programs under Subchapter A, Chapter 29, are assessed
143	152		through assessment instruments developed or adopted under Section
144	153		39.023(b);
145	154		(8) in response to an allegation regarding or an
146	155		analysis using a statistical method result indicating a possible
147	156		violation of an assessment instrument security procedure
148	157		established under Section 39.0301, including for the purpose of
149	158		investigating or auditing a school district under that section;
150	159		(9) when a significant pattern of decreased academic
151	160		performance has developed as a result of the promotion in the
152	161		preceding two school years of students who did not perform
153	162		satisfactorily as determined by the commissioner under Section
154	163		39.0241(a) on assessment instruments administered under Section
155	164		39.023(a), (c), or (l);
156	165		(10) when excessive numbers of students eligible to
157	166		enroll fail to complete an Algebra II course or any other advanced
158	167		course as determined by the commissioner;
159	168		(11) when resource allocation practices as evaluated
160	169		under Section 39.0821 indicate a potential for significant
161	170		improvement in resource allocation;
162	171		(12) when a disproportionate number of students of a
163	172		particular demographic group is graduating with a particular
164	173		endorsement under Section 28.025(c-1);
165	174		(13) when an excessive number of students is
166	175		graduating with a particular endorsement under Section
167	176		28.025(c-1);
168	177		(14) in response to a complaint submitted to the
169	178		agency with respect to alleged inaccurate data that is reported
170	179		through the Public Education Information Management System (PEIMS)
171	180		or through other reports required by state or federal law or rule or
172	181		court order and that is used by the agency to make a determination
173	182		relating to public school accountability, including accreditation,
174	183		under this chapter;
175	184		(15) when a school district for any reason fails to
176	185		produce, at the request of the agency, evidence or an investigation
177	186		report relating to an educator who is under investigation by the
178	187		State Board for Educator Certification; [or]
179	188		(16) by the office of inspector general for the
180	189		purpose of investigating allegations of fraud, waste, and abuse in
181	190		the administration of public education; or
182	191		(17) as the commissioner otherwise determines
183	192		necessary.
184	193		SECTION 3. The Texas Education Agency is required to
185	194		implement a provision of this Act only if the legislature
186	195		appropriates money specifically for that purpose. If the
187	196		legislature does not appropriate money specifically for that
188	197		purpose, the agency may, but is not required to, implement a
189	198		provision of this Act using other appropriations available for that
190	199		purpose.
191	200		SECTION 4. This Act takes effect immediately if it receives
192	201		a vote of two-thirds of all the members elected to each house, as
193	202		provided by Section 39, Article III, Texas Constitution. If this
194	203		Act does not receive the vote necessary for immediate effect, this
195	204		Act takes effect September 1, 2019.
	205	+	* * * * *