Texas 2023 - 88th Regular

Texas House Bill HB4978 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	88R14117 TSS-D
2	2	By: Smith H.B. No. 4978
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to reports of certain misconduct committed by an employee
8	8	of a public school, regional education service center, or shared
9	9	services arrangement and a study by the Texas Education Agency
10	10	regarding employee misconduct reporting mechanisms.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 22.092, Education Code, is amended by
13	13	adding Subsection (c-1) to read as follows:
14	14	(c-1) An employee described by Subsection (c) must be listed
15	15	on the registry maintained under this section regardless of whether
16	16	the employee resigned from the employee's position before the
17	17	completion of an investigation into the alleged misconduct.
18	18	SECTION 2. Section 22.095, Education Code, is amended to
19	19	read as follows:
20	20	Sec. 22.095. INTERNET PORTAL AND TOLL-FREE TELEPHONE
21	21	NUMBER. (a) The agency shall develop and maintain an Internet
22	22	portal through which:
23	23	(1) a report of school district or open-enrollment
24	24	charter school employee misconduct, including a report required
25	25	under Section 22.093(f), may be confidentially and securely filed;
26	26	and
27	27	(2) the agency makes available:
28	28	(A) the registry of persons who are not eligible
29	29	to be employed in public schools as described by Section 22.092; and
30	30	(B) information indicating that a person is under
31	31	investigation for alleged misconduct in accordance with Section
32	32	22.094(d), provided that the agency must provide the information
33	33	through a procedure other than the registry described under
34	34	Paragraph (A).
35	35	(b) The agency shall provide a toll-free telephone number at
36	36	which a person may submit a report described by Subsection (a)(1)
37	37	confidentially and securely.
38	38	SECTION 3. Subchapter C-1, Chapter 22, Education Code, is
39	39	amended by adding Sections 22.097, 22.098, and 22.099 to read as
40	40	follows:
41	41	Sec. 22.097. CONCEALMENT OF MISCONDUCT. Notwithstanding
42	42	any other law, if the board of trustees of a school district or the
43	43	governing body of an open-enrollment charter school determines that
44	44	a superintendent, principal, or other district or school employee
45	45	has intentionally or knowingly concealed or delayed the reporting
46	46	of the misconduct of another employee that involves a student, the
47	47	board or governing body shall immediately terminate the employment
48	48	of that superintendent, principal, or other employee.
49	49	Sec. 22.098. NOTICE TO PARENT. As soon as practicable after
50	50	receiving a complaint alleging the misconduct of an employee
51	51	involving a student but not later than the seventh day after the
52	52	date on which the complaint was received, a school district,
53	53	district of innovation, open-enrollment charter school, other
54	54	charter entity, regional education service center, or shared
55	55	services arrangement shall notify the parents of or persons
56	56	standing in parental relation to each student who regularly
57	57	interacts with the employee of the existence and nature of the
58	58	complaint.
59	59	Sec. 22.099. STUDY ON EMPLOYEE MISCONDUCT REPORTING
60	60	SYSTEMS. (a) The agency shall conduct a study on the registry of
61	61	persons not eligible for employment in public schools under Section
62	62	22.092 and other provisions of this subchapter relating to the
63	63	reporting of employee misconduct. In conducting the study, the
64	64	agency shall:
65	65	(1) analyze reports of employee misconduct made in
66	66	school districts, districts of innovation, open-enrollment charter
67	67	schools, other charter entities, regional education service
68	68	centers, and shared services arrangements throughout this state,
69	69	and determine for each report:
70	70	(A) the person who originally reported the
71	71	misconduct;
72	72	(B) to whom the misconduct was originally
73	73	reported;
74	74	(C) the process by which the report was
75	75	investigated;
76	76	(D) the results of the investigation;
77	77	(E) any employment repercussions initiated due
78	78	to the reported misconduct;
79	79	(F) whether the employee was eligible for
80	80	inclusion in the registry under Section 22.092 as a result of the
81	81	reported misconduct; and
82	82	(G) whether the employee was included in the
83	83	registry under Section 22.092;
84	84	(2) develop recommendations for improving reporting
85	85	systems and investigative processes on the statewide level and for
86	86	amending any required deadlines, definitions, penalties, or
87	87	restrictions in employee misconduct reporting systems developed
88	88	and maintained by specific school districts, districts of
89	89	innovation, open-enrollment charter schools, other charter
90	90	entities, regional education service centers, and shared services
91	91	arrangements; and
92	92	(3) investigate the feasibility of developing and
93	93	maintaining a public database through the Internet portal
94	94	maintained under Section 22.095 of employees accused of misconduct,
95	95	including the names and photographs of each employee accused, and,
96	96	if feasible, implement such a database.
97	97	(b) Not later than December 1, 2024, the agency shall
98	98	prepare and submit to the legislature a report on the results of the
99	99	study and any recommendations for legislative or other action.
100	100	(c) This section expires September 1, 2025.
101	101	SECTION 4. This Act applies beginning with the 2023-2024
102	102	school year.
103	103	SECTION 5. This Act takes effect immediately if it receives
104	104	a vote of two-thirds of all the members elected to each house, as
105	105	provided by Section 39, Article III, Texas Constitution. If this
106	106	Act does not receive the vote necessary for immediate effect, this
107	107	Act takes effect September 1, 2023.