Texas House Bill HB122

Texas 2023 - 88th 3rd C.S.

• Filed: 10/11/23

Caption

Relating to reports of certain misconduct engaged in 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.

Impact

The passage of HB 122 will significantly modify existing laws governing how misconduct by school employees is reported and addressed in Texas. Specifically, it amends the Education Code to tighten the requirements for documenting misconduct and ensures that any individual who conceal or delays reporting such misconduct faces immediate termination. The bill also necessitates prompt notification to parents when allegations involve an employee who regularly interacts with their child, aiming to foster a more informed and engaged community around school safety and employee conduct.

Summary

House Bill 122 aims to enhance transparency and accountability regarding employee misconduct in public education settings in Texas. The bill mandates that any employee reported for misconduct must remain on a registry maintained by the Texas Education Agency, irrespective of their resignation status prior to the investigation's completion. This registry is intended to ensure that all allegations are properly documented, and the public has access to information about employees who are not eligible for employment in public schools due to misconduct. Additionally, the bill requires the establishment of an internet portal and a toll-free hotline for confidential reporting.

Sentiment

General sentiment around HB 122 has been supportive among advocates for educational accountability and transparency. Proponents laud the bill as a vital measure for protecting students and ensuring that any misconduct by educational staff is appropriately addressed and reported. However, there are concerns among some stakeholders about the implications of immediate reporting and the potential for information to be misused or misinterpreted, leading to personal damage to educators who may be falsely accused.

Contention

Notable points of contention include the balance between transparency and privacy for educators. Critics argue that placing an employee's name on such a registry before due process may lead to premature public scrutiny and could damage reputations even before investigations conclude. Another area of debate is whether the requirements set forth in the bill will adequately address the systemic issues related to reporting misconduct in educational environments or if they merely add bureaucratic layers without effectively improving safety mechanisms in schools.

Texas Constitutional Statutes Affected

Education Code

• Chapter 22. School District Employees And Volunteers
  • Section: New Section