Texas 2023 - 88th 3rd C.S.

Texas House Bill HB122 Compare Versions

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1	1	88S30275 TSS-D
2	2	By: Smith H.B. No. 122
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to reports of certain misconduct engaged in 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 person may confidentially and securely submit a
24	24	report of misconduct engaged in by an employee of a school district,
25	25	district of innovation, open-enrollment charter school, other
26	26	charter entity, regional education service center, or shared
27	27	services arrangement, including a report required under Section
28	28	22.093(f) [may be confidentially and securely filed]; and
29	29	(2) the agency makes available:
30	30	(A) the registry of persons who are not eligible
31	31	to be employed in public schools as described by Section 22.092; and
32	32	(B) information indicating that a person is under
33	33	investigation for alleged misconduct in accordance with Section
34	34	22.094(d), provided that the agency must provide the information
35	35	through a procedure other than the registry described under
36	36	Paragraph (A).
37	37	(b) The agency shall provide a toll-free telephone number at
38	38	which a person may submit a report described by Subsection (a)(1)
39	39	confidentially and securely.
40	40	SECTION 3. Subchapter C-1, Chapter 22, Education Code, is
41	41	amended by adding Sections 22.097, 22.098, and 22.099 to read as
42	42	follows:
43	43	Sec. 22.097. CONCEALMENT OF MISCONDUCT. Notwithstanding
44	44	any other law, if the board of trustees of a school district or the
45	45	governing body of an open-enrollment charter school determines that
46	46	a superintendent, principal, or other district or school employee
47	47	has intentionally or knowingly concealed or delayed the reporting
48	48	of the misconduct of another employee that involves a student, the
49	49	board or governing body shall immediately terminate the employment
50	50	of that superintendent, principal, or other employee.
51	51	Sec. 22.098. NOTICE TO PARENT. As soon as practicable after
52	52	receiving a complaint alleging the misconduct of an employee
53	53	involving a student but not later than the seventh day after the
54	54	date on which the complaint was received, a school district,
55	55	district of innovation, open-enrollment charter school, other
56	56	charter entity, regional education service center, or shared
57	57	services arrangement shall notify the parents of or persons
58	58	standing in parental relation to each student who regularly
59	59	interacts with the employee of the existence and nature of the
60	60	complaint.
61	61	Sec. 22.099. STUDY ON EMPLOYEE MISCONDUCT REPORTING
62	62	SYSTEMS. (a) The agency shall conduct a study on the registry of
63	63	persons not eligible for employment in public schools under Section
64	64	22.092 and other provisions of this subchapter relating to the
65	65	reporting of employee misconduct. In conducting the study, the
66	66	agency shall:
67	67	(1) analyze reports of employee misconduct made in
68	68	school districts, districts of innovation, open-enrollment charter
69	69	schools, other charter entities, regional education service
70	70	centers, and shared services arrangements throughout this state and
71	71	determine for each report:
72	72	(A) the person who originally reported the
73	73	misconduct;
74	74	(B) the person to whom the misconduct was
75	75	originally reported;
76	76	(C) the process by which the report was
77	77	investigated;
78	78	(D) the results of the investigation;
79	79	(E) any employment repercussions initiated due
80	80	to the reported misconduct;
81	81	(F) whether the employee was eligible for
82	82	inclusion in the registry under Section 22.092 as a result of the
83	83	reported misconduct; and
84	84	(G) whether the employee was included in the
85	85	registry under Section 22.092;
86	86	(2) develop recommendations for improving reporting
87	87	systems and investigative processes on the statewide level and for
88	88	amending any required deadlines, definitions, penalties, or
89	89	restrictions in employee misconduct reporting systems developed
90	90	and maintained by specific school districts, districts of
91	91	innovation, open-enrollment charter schools, other charter
92	92	entities, regional education service centers, and shared services
93	93	arrangements; and
94	94	(3) investigate the feasibility of developing and
95	95	maintaining a public database through the Internet portal
96	96	maintained under Section 22.095 of employees accused of misconduct,
97	97	including the names and photographs of each employee accused, and,
98	98	if feasible, implement such a database.
99	99	(b) Not later than December 1, 2025, the agency shall
100	100	prepare and submit to the legislature a report on the results of the
101	101	study and any recommendations for legislative or other action.
102	102	(c) This section expires September 1, 2026.
103	103	SECTION 4. This Act applies beginning with the 2024-2025
104	104	school year.
105	105	SECTION 5. This Act takes effect immediately if it receives
106	106	a vote of two-thirds of all the members elected to each house, as
107	107	provided by Section 39, Article III, Texas Constitution. If this
108	108	Act does not receive the vote necessary for immediate effect, this
109	109	Act takes effect on the 91st day after the last day of the
110	110	legislative session.