Texas 2023 - 88th Regular

Texas Senate Bill SB1862 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R5473 MEW-D
2	2	By: Bettencourt S.B. No. 1862
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the office of inspector general at the
8	8	Texas Education Agency to investigate the administration of public
9	9	education.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 7, Education Code, is amended by adding
12	12	Subchapter E to read as follows:
13	13	SUBCHAPTER E. OFFICE OF INSPECTOR GENERAL
14	14	Sec. 7.151. DEFINITIONS. In this subchapter:
15	15	(1) "Fraud" means an intentional deception or
16	16	misrepresentation made by a person with the knowledge that the
17	17	deception could result in some unauthorized benefit to that person
18	18	or some other person. The term includes any act that constitutes
19	19	fraud under applicable federal or state law.
20	20	(2) "Local education agency" includes a school
21	21	district or county system described by Subchapter G, Chapter 11.
22	22	(3) "Office" means the office of inspector general
23	23	established under this subchapter.
24	24	Sec. 7.152. OFFICE OF INSPECTOR GENERAL. (a) The office of
25	25	inspector general is established as a division within the agency.
26	26	(b) The commissioner shall appoint an inspector general to
27	27	serve as director of the office. The inspector general serves until
28	28	removed by the commissioner.
29	29	(c) The agency shall provide staff and administrative
30	30	resources and support services as necessary to ensure
31	31	investigations and reviews authorized by this subchapter are
32	32	conducted expeditiously.
33	33	Sec. 7.153. GENERAL RESPONSIBILITIES. (a) The office is
34	34	responsible for the investigation, prevention, and detection of
35	35	wrongdoing and of fraud, waste, and abuse in the administration of
36	36	public education by school districts, open-enrollment charter
37	37	schools, regional education service centers, and other local
38	38	education agencies in this state.
39	39	(b) The office may investigate allegations of fraud, waste,
40	40	and abuse and violations of this code or other law.
41	41	(c) The office may:
42	42	(1) conduct civil and administrative investigations
43	43	and initiate reviews of a school district, an open-enrollment
44	44	charter school, a regional education service center, or another
45	45	local education agency as considered appropriate by the inspector
46	46	general;
47	47	(2) receive and investigate complaints from any source
48	48	on its own initiative;
49	49	(3) conduct special investigations authorized by the
50	50	commissioner under Section 39.003(a); and
51	51	(4) make findings of fact that a school district, an
52	52	open-enrollment charter school, a regional education service
53	53	center, or another local education agency or an employee or agent of
54	54	the entity committed an act of wrongdoing, fraud, waste, or abuse in
55	55	the administration of public education and take appropriate action
56	56	as determined by the commissioner, regardless of any time
57	57	requirement relating to the action under Chapter 8, 12, or 39A.
58	58	(d) The commissioner may order the office to conduct a
59	59	forensic audit of any entity over which the office has
60	60	jurisdiction. The entity for which the audit was ordered shall pay
61	61	the costs of the audit.
62	62	(e) The office shall perform all other duties and exercise
63	63	all other powers granted to the office by this subchapter or other
64	64	law.
65	65	Sec. 7.154. GENERAL POWERS. (a) The office has all the
66	66	powers necessary or appropriate to carry out its responsibilities
67	67	and functions under this subchapter and other law.
68	68	(b) Subject to Subsection (c), in conducting an
69	69	investigation under this subchapter of the board of trustees of a
70	70	school district, the governing body of an open-enrollment charter
71	71	school, the board of directors of a regional education service
72	72	center, another local education agency, or the executive leadership
73	73	of any of those entities, the office may:
74	74	(1) attend any meeting or proceeding of the school
75	75	district, open-enrollment charter school, regional education
76	76	service center, or other local education agency, including a
77	77	meeting or proceeding that is closed to the public, except for a
78	78	private consultation of the entity with its attorney permitted
79	79	under Section 551.071, Government Code; and
80	80	(2) inspect the records, documents, and files of the
81	81	school district, open-enrollment charter school, regional
82	82	education service center, or other local education agency,
83	83	including any record, document, or file that is not subject to
84	84	public disclosure under Chapter 552, Government Code, or other law.
85	85	(c) The office's authority under Subsection (b) applies
86	86	only to a meeting, a proceeding, or information that is relevant to
87	87	the discovery of relevant information regarding an allegation of
88	88	wrongdoing or a violation of this code or of fraud, waste, or abuse
89	89	in the administration of public education by a person or entity
90	90	described by Subsection (b). The office may not inspect a record,
91	91	document, or file that is a privileged communication between an
92	92	individual and the individual's attorney.
93	93	(d) The inspection or disclosure of a record, document, or
94	94	file for purposes of an investigation under this subchapter is not a
95	95	voluntary disclosure under Section 552.007, Government Code. A
96	96	record, document, or file made available to the office for purposes
97	97	of an investigation under this subchapter is not subject to public
98	98	disclosure by the office.
99	99	Sec. 7.155. SUBPOENAS. (a) The inspector general may issue
100	100	a subpoena to compel the attendance of a relevant witness at a
101	101	hearing or deposition under this subchapter or to compel the
102	102	production, for inspection or copying, of books, papers, records,
103	103	documents, or other relevant materials, including electronic data,
104	104	in connection with an investigation, review, hearing, or deposition
105	105	conducted under this subchapter.
106	106	(b) A subpoena may be served personally or by certified
107	107	mail. If a person fails to comply with a subpoena, the inspector
108	108	general, acting through the attorney general, may file suit to
109	109	enforce the subpoena in a district court in this state.
110	110	(c) On finding that good cause exists for issuing the
111	111	subpoena, the court shall order the person to comply with the
112	112	subpoena. The court may hold in contempt a person who fails to obey
113	113	the court order.
114	114	Sec. 7.156. COOPERATION WITH OTHER ENTITIES. The office
115	115	may refer matters for further civil and administrative action to
116	116	appropriate administrative agencies, including the attorney
117	117	general.
118	118	SECTION 2. Section 39.003(a), Education Code, is amended to
119	119	read as follows:
120	120	(a) The commissioner may authorize special investigations
121	121	to be conducted:
122	122	(1) when excessive numbers of absences of students
123	123	eligible to be tested on state assessment instruments are
124	124	determined;
125	125	(2) when excessive numbers of allowable exemptions
126	126	from the required state assessment instruments are determined;
127	127	(3) in response to complaints submitted to the agency
128	128	with respect to alleged violations of civil rights or other
129	129	requirements imposed on the state by federal law or court order;
130	130	(4) in response to established compliance reviews of
131	131	the district's financial accounting practices and state and federal
132	132	program requirements;
133	133	(5) when extraordinary numbers of student placements
134	134	in disciplinary alternative education programs, other than
135	135	placements under Sections 37.006 and 37.007, are determined;
136	136	(6) in response to an allegation involving a conflict
137	137	between members of the board of trustees or between the board and
138	138	the district administration if it appears that the conflict
139	139	involves a violation of a role or duty of the board members or the
140	140	administration clearly defined by this code;
141	141	(7) when excessive numbers of students in special
142	142	education programs under Subchapter A, Chapter 29, are assessed
143	143	through assessment instruments developed or adopted under Section
144	144	39.023(b);
145	145	(8) in response to an allegation regarding or an
146	146	analysis using a statistical method result indicating a possible
147	147	violation of an assessment instrument security procedure
148	148	established under Section 39.0301, including for the purpose of
149	149	investigating or auditing a school district under that section;
150	150	(9) when a significant pattern of decreased academic
151	151	performance has developed as a result of the promotion in the
152	152	preceding two school years of students who did not perform
153	153	satisfactorily as determined by the commissioner under Section
154	154	39.0241(a) on assessment instruments administered under Section
155	155	39.023(a), (c), or (l);
156	156	(10) when excessive numbers of students eligible to
157	157	enroll fail to complete an Algebra II course or any other advanced
158	158	course as determined by the commissioner;
159	159	(11) when resource allocation practices as evaluated
160	160	under Section 39.0821 indicate a potential for significant
161	161	improvement in resource allocation;
162	162	(12) when a disproportionate number of students of a
163	163	particular demographic group is graduating with a particular
164	164	endorsement under Section 28.025(c-1);
165	165	(13) when an excessive number of students is
166	166	graduating with a particular endorsement under Section
167	167	28.025(c-1);
168	168	(14) in response to a complaint submitted to the
169	169	agency with respect to alleged inaccurate data that is reported
170	170	through the Public Education Information Management System (PEIMS)
171	171	or through other reports required by state or federal law or rule or
172	172	court order and that is used by the agency to make a determination
173	173	relating to public school accountability, including accreditation,
174	174	under this chapter;
175	175	(15) when 10 percent or more of the students
176	176	graduating in a particular school year from a particular high
177	177	school campus are awarded a diploma based on the determination of an
178	178	individual graduation committee under Section 28.0258;
179	179	(16) when a school district for any reason fails to
180	180	produce, at the request of the agency, evidence or an investigation
181	181	report relating to an educator who is under investigation by the
182	182	State Board for Educator Certification; [or]
183	183	(17) by the office of inspector general for the
184	184	purpose of investigating allegations of fraud, waste, and abuse in
185	185	the administration of public education; or
186	186	(18) as the commissioner otherwise determines
187	187	necessary.
188	188	SECTION 3. This Act takes effect immediately if it receives
189	189	a vote of two-thirds of all the members elected to each house, as
190	190	provided by Section 39, Article III, Texas Constitution. If this
191	191	Act does not receive the vote necessary for immediate effect, this
192	192	Act takes effect September 1, 2023.