88R14117 TSS-D
By: Smith H.B. No. 4978
A BILL TO BE ENTITLED
AN ACT
relating to reports of certain misconduct committed by an employee
of a public school, regional education service center, or shared
services arrangement and a study by the Texas Education Agency
regarding employee misconduct reporting mechanisms.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.092, Education Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) An employee described by Subsection (c) must be listed
on the registry maintained under this section regardless of whether
the employee resigned from the employee's position before the
completion of an investigation into the alleged misconduct.
SECTION 2. Section 22.095, Education Code, is amended to
read as follows:
Sec. 22.095. INTERNET PORTAL AND TOLL-FREE TELEPHONE
NUMBER. (a) The agency shall develop and maintain an Internet
portal through which:
(1) a report of school district or open-enrollment
charter school employee misconduct, including a report required
under Section 22.093(f), may be confidentially and securely filed;
and
(2) the agency makes available:
(A) the registry of persons who are not eligible
to be employed in public schools as described by Section 22.092; and
(B) information indicating that a person is under
investigation for alleged misconduct in accordance with Section
22.094(d), provided that the agency must provide the information
through a procedure other than the registry described under
Paragraph (A).
(b) The agency shall provide a toll-free telephone number at
which a person may submit a report described by Subsection (a)(1)
confidentially and securely.
SECTION 3. Subchapter C-1, Chapter 22, Education Code, is
amended by adding Sections 22.097, 22.098, and 22.099 to read as
follows:
Sec. 22.097. CONCEALMENT OF MISCONDUCT. Notwithstanding
any other law, if the board of trustees of a school district or the
governing body of an open-enrollment charter school determines that
a superintendent, principal, or other district or school employee
has intentionally or knowingly concealed or delayed the reporting
of the misconduct of another employee that involves a student, the
board or governing body shall immediately terminate the employment
of that superintendent, principal, or other employee.
Sec. 22.098. NOTICE TO PARENT. As soon as practicable after
receiving a complaint alleging the misconduct of an employee
involving a student but not later than the seventh day after the
date on which the complaint was received, a school district,
district of innovation, open-enrollment charter school, other
charter entity, regional education service center, or shared
services arrangement shall notify the parents of or persons
standing in parental relation to each student who regularly
interacts with the employee of the existence and nature of the
complaint.
Sec. 22.099. STUDY ON EMPLOYEE MISCONDUCT REPORTING
SYSTEMS. (a) The agency shall conduct a study on the registry of
persons not eligible for employment in public schools under Section
22.092 and other provisions of this subchapter relating to the
reporting of employee misconduct. In conducting the study, the
agency shall:
(1) analyze reports of employee misconduct made in
school districts, districts of innovation, open-enrollment charter
schools, other charter entities, regional education service
centers, and shared services arrangements throughout this state,
and determine for each report:
(A) the person who originally reported the
misconduct;
(B) to whom the misconduct was originally
reported;
(C) the process by which the report was
investigated;
(D) the results of the investigation;
(E) any employment repercussions initiated due
to the reported misconduct;
(F) whether the employee was eligible for
inclusion in the registry under Section 22.092 as a result of the
reported misconduct; and
(G) whether the employee was included in the
registry under Section 22.092;
(2) develop recommendations for improving reporting
systems and investigative processes on the statewide level and for
amending any required deadlines, definitions, penalties, or
restrictions in employee misconduct reporting systems developed
and maintained by specific school districts, districts of
innovation, open-enrollment charter schools, other charter
entities, regional education service centers, and shared services
arrangements; and
(3) investigate the feasibility of developing and
maintaining a public database through the Internet portal
maintained under Section 22.095 of employees accused of misconduct,
including the names and photographs of each employee accused, and,
if feasible, implement such a database.
(b) Not later than December 1, 2024, the agency shall
prepare and submit to the legislature a report on the results of the
study and any recommendations for legislative or other action.
(c) This section expires September 1, 2025.
SECTION 4. This Act applies beginning with the 2023-2024
school year.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.