Texas 2021 - 87th Regular

Texas Senate Bill SB215 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Bettencourt, et al. S.B. No. 215
	2	+	(In the Senate - Filed November 23, 2020; March 3, 2021,
	3	+	read first time and referred to Committee on Education;
	4	+	April 23, 2021, reported favorably by the following vote: Yeas 11,
	5	+	Nays 0; April 23, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
4	9		A BILL TO BE ENTITLED
5	10		AN ACT
6	11		relating to the creation of the office of inspector general at the
7	12		Texas Education Agency to investigate the administration of public
8	13		education.
9	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	15		SECTION 1. Chapter 7, Education Code, is amended by adding
11	16		Subchapter E to read as follows:
12	17		SUBCHAPTER E. OFFICE OF INSPECTOR GENERAL
13	18		Sec. 7.151. DEFINITIONS. In this subchapter:
14	19		(1) "Fraud" means an intentional deception or
15	20		misrepresentation made by a person with the knowledge that the
16	21		deception could result in some unauthorized benefit to that person
17	22		or some other person. The term includes any act that constitutes
18	23		fraud under applicable federal or state law.
19	24		(2) "Local education agency" includes a school
20	25		district or county system described by Subchapter G, Chapter 11.
21	26		(3) "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 of
24	29		inspector general is established as a division within the agency.
25	30		(b) The commissioner shall appoint an inspector general to
26	31		serve as director of the office. The inspector general serves until
27	32		removed by the commissioner.
28	33		(c) The agency shall provide staff and administrative
29	34		resources and support services as necessary to ensure
30	35		investigations and reviews authorized by this subchapter are
31	36		conducted expeditiously.
32	37		Sec. 7.153. GENERAL RESPONSIBILITIES. (a) The office is
33	38		responsible for the investigation, prevention, and detection of
34	39		wrongdoing and of fraud, waste, and abuse in the administration of
35	40		public education by school districts, open-enrollment charter
36	41		schools, regional education service centers, and other local
37	42		education agencies in this state.
38	43		(b) The office may investigate allegations of fraud, waste,
39	44		and abuse and violations of this code or other law.
40	45		(c) The office may:
41	46		(1) conduct civil and administrative investigations
42	47		and initiate reviews of a school district, an open-enrollment
43	48		charter school, a regional education service center, or another
44	49		local education agency as considered appropriate by the inspector
45	50		general;
46	51		(2) receive and investigate complaints from any source
47	52		on its own initiative;
48	53		(3) conduct special accreditation investigations
49	54		authorized by the commissioner under Section 39.057(a); and
50	55		(4) make findings of fact that a school district, an
51	56		open-enrollment charter school, a regional education service
52	57		center, or another local education agency or an employee or agent of
53	58		the entity committed an act of wrongdoing, fraud, waste, or abuse in
54	59		the administration of public education and take appropriate action
55	60		as determined by the commissioner, regardless of any time
56	61		requirement relating to the action under Chapter 8, 12, or 39A.
57	62		(d) The commissioner may order the office to conduct a
58	63		forensic audit of any entity over which the office has
59	64		jurisdiction. The entity for which the audit was ordered shall pay
60	65		the costs of the audit.
61	66		(e) The office shall perform all other duties and exercise
62	67		all other powers granted to the office by this subchapter or other
63	68		law.
64	69		Sec. 7.154. GENERAL POWERS. (a) The office has all the
65	70		powers necessary or appropriate to carry out its responsibilities
66	71		and functions under this subchapter and other law.
67	72		(b) Subject to Subsection (c), in conducting an
68	73		investigation under this subchapter of the board of trustees of a
69	74		school district, the governing body of an open-enrollment charter
70	75		school, the board of directors of a regional education service
71	76		center, another local education agency, or the executive leadership
72	77		of any of those entities, the office may:
73	78		(1) attend any meeting or proceeding of the school
74	79		district, open-enrollment charter school, regional education
75	80		service center, or other local education agency, including a
76	81		meeting or proceeding that is closed to the public, except for a
77	82		private consultation of the entity with its attorney permitted
78	83		under Section 551.071, Government Code; and
79	84		(2) inspect the records, documents, and files of the
80	85		school district, open-enrollment charter school, regional
81	86		education service center, or other local education agency,
82	87		including any record, document, or file that is not subject to
83	88		public disclosure under Chapter 552, Government Code, or other law.
84	89		(c) The office's authority under Subsection (b) applies
85	90		only to a meeting, a proceeding, or information that is relevant to
86	91		the discovery of relevant information regarding an allegation of
87	92		wrongdoing or a violation of this code or of fraud, waste, or abuse
88	93		in the administration of public education by a person or entity
89	94		described by Subsection (b). The office may not inspect a record,
90	95		document, or file that is a privileged communication between an
91	96		individual and the individual's attorney.
92	97		(d) The inspection or disclosure of a record, document, or
93	98		file for purposes of an investigation under this subchapter is not a
94	99		voluntary disclosure under Section 552.007, Government Code. A
95	100		record, document, or file made available to the office for purposes
96	101		of an investigation under this subchapter is not subject to public
97	102		disclosure by the office.
98	103		Sec. 7.155. SUBPOENAS. (a) The inspector general may issue
99	104		a subpoena to compel the attendance of a relevant witness at a
100	105		hearing or deposition under this subchapter or to compel the
101	106		production, for inspection or copying, of books, papers, records,
102	107		documents, or other relevant materials, including electronic data,
103	108		in connection with an investigation, review, hearing, or deposition
104	109		conducted under this subchapter.
105	110		(b) A subpoena may be served personally or by certified
106	111		mail. If a person fails to comply with a subpoena, the inspector
107	112		general, acting through the attorney general, may file suit to
108	113		enforce the subpoena in a district court in this state.
109	114		(c) On finding that good cause exists for issuing the
110	115		subpoena, the court shall order the person to comply with the
111	116		subpoena. The court may hold in contempt a person who fails to obey
112	117		the court order.
113	118		Sec. 7.156. COOPERATION WITH OTHER ENTITIES. The office
114	119		may refer matters for further civil and administrative action to
115	120		appropriate administrative agencies, including the attorney
116	121		general.
117	122		SECTION 2. Section 39.057(a), Education Code, is amended to
118	123		read as follows:
119	124		(a) The commissioner may authorize special accreditation
120	125		investigations to be conducted:
121	126		(1) when excessive numbers of absences of students
122	127		eligible to be tested on state assessment instruments are
123	128		determined;
124	129		(2) when excessive numbers of allowable exemptions
125	130		from the required state assessment instruments are determined;
126	131		(3) in response to complaints submitted to the agency
127	132		with respect to alleged violations of civil rights or other
128	133		requirements imposed on the state by federal law or court order;
129	134		(4) in response to established compliance reviews of
130	135		the district's financial accounting practices and state and federal
131	136		program requirements;
132	137		(5) when extraordinary numbers of student placements
133	138		in disciplinary alternative education programs, other than
134	139		placements under Sections 37.006 and 37.007, are determined;
135	140		(6) in response to an allegation involving a conflict
136	141		between members of the board of trustees or between the board and
137	142		the district administration if it appears that the conflict
138	143		involves a violation of a role or duty of the board members or the
139	144		administration clearly defined by this code;
140	145		(7) when excessive numbers of students in special
141	146		education programs under Subchapter A, Chapter 29, are assessed
142	147		through assessment instruments developed or adopted under Section
143	148		39.023(b);
144	149		(8) in response to an allegation regarding or an
145	150		analysis using a statistical method result indicating a possible
146	151		violation of an assessment instrument security procedure
147	152		established under Section 39.0301, including for the purpose of
148	153		investigating or auditing a school district under that section;
149	154		(9) when a significant pattern of decreased academic
150	155		performance has developed as a result of the promotion in the
151	156		preceding two school years of students who did not perform
152	157		satisfactorily as determined by the commissioner under Section
153	158		39.0241(a) on assessment instruments administered under Section
154	159		39.023(a), (c), or (l);
155	160		(10) when excessive numbers of students eligible to
156	161		enroll fail to complete an Algebra II course or any other advanced
157	162		course as determined by the commissioner;
158	163		(11) when resource allocation practices as evaluated
159	164		under Section 39.0821 indicate a potential for significant
160	165		improvement in resource allocation;
161	166		(12) when a disproportionate number of students of a
162	167		particular demographic group is graduating with a particular
163	168		endorsement under Section 28.025(c-1);
164	169		(13) when an excessive number of students is
165	170		graduating with a particular endorsement under Section
166	171		28.025(c-1);
167	172		(14) in response to a complaint submitted to the
168	173		agency with respect to alleged inaccurate data that is reported
169	174		through the Public Education Information Management System (PEIMS)
170	175		or through other reports required by state or federal law or rule or
171	176		court order and that is used by the agency to make a determination
172	177		relating to public school accountability, including accreditation,
173	178		under this chapter;
174	179		(15) when a school district for any reason fails to
175	180		produce, at the request of the agency, evidence or an investigation
176	181		report relating to an educator who is under investigation by the
177	182		State Board for Educator Certification; [or]
178	183		(16) by the office of inspector general for the
179	184		purpose of investigating allegations of fraud, waste, and abuse in
180	185		the administration of public education; or
181	186		(17) as the commissioner otherwise determines
182	187		necessary.
183	188		SECTION 3. This Act takes effect immediately if it receives
184	189		a vote of two-thirds of all the members elected to each house, as
185	190		provided by Section 39, Article III, Texas Constitution. If this
186	191		Act does not receive the vote necessary for immediate effect, this
187	192		Act takes effect September 1, 2021.
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