By: Shaheen H.B. No. 117
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of an inspector general for education
and the creation of a division of inspector general for education in
the governor's office to investigate the administration of public
education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.003(a), Education Code, is amended to
read as follows:
(a) The commissioner may authorize special investigations
to be conducted:
(1) when excessive numbers of absences of students
eligible to be tested on state assessment instruments are
determined;
(2) when excessive numbers of allowable exemptions
from the required state assessment instruments are determined;
(3) in response to complaints submitted to the agency
with respect to alleged violations of civil rights or other
requirements imposed on the state by federal law or court order;
(4) in response to established compliance reviews of
the district's financial accounting practices and state and federal
program requirements;
(5) when extraordinary numbers of student placements
in disciplinary alternative education programs, other than
placements under Sections 37.006 and 37.007, are determined;
(6) in response to an allegation involving a conflict
between members of the board of trustees or between the board and
the district administration if it appears that the conflict
involves a violation of a role or duty of the board members or the
administration clearly defined by this code;
(7) when excessive numbers of students in special
education programs under Subchapter A, Chapter 29, are assessed
through assessment instruments developed or adopted under Section
39.023(b);
(8) in response to an allegation regarding or an
analysis using a statistical method result indicating a possible
violation of an assessment instrument security procedure
established under Section 39.0301, including for the purpose of
investigating or auditing a school district under that section;
(9) when a significant pattern of decreased academic
performance has developed as a result of the promotion in the
preceding two school years of students who did not perform
satisfactorily as determined by the commissioner under Section
39.0241(a) on assessment instruments administered under Section
39.023(a), (c), or (1);
(10) when excessive numbers of students eligible to
enroll fail to complete an Algebra II course or any other advanced
course as determined by the commissioner;
(11) when resource allocation practices as evaluated
under Section 39.0821 indicate a potential for significant
improvement in resource allocation;
(12) when a disproportionate number of students of a
particular demographic group is graduating with a particular
endorsement under Section 28.025(c-1);
(13) when an excessive number of students is
graduating with a particular endorsement under Section
28.025(c-1);
(14) in response to a complaint submitted to the
agency with respect to alleged inaccurate data that is reported
through the Public Education Information Management System (PEIMS)
or through other reports required by state or federal law or rule or
court order and that is used by the agency to make a determination
relating to public school accountability, including accreditation,
under this chapter;
(15) when 10 percent or more of the students
graduating in a particular school year from a particular high
school campus are awarded a diploma based on the determination of an
individual graduation committee under Section 28.0258;
(16) when a school district for any reason fails to
produce, at the request of the agency, evidence or an investigation
report relating to an educator who is under investigation by the
State Board for Educator Certification; [or]
(17) by the division of inspector general for
education established under Chapter 452, Government Code, for the
purpose of investigating:
(A) allegations of fraud, waste, and abuse in the
administration of public education;
(B) violations of school safety and security,
including audits conducted under Section 37.108, Section 37.1081,
Section 37.1082, and Section 37.109, and other violations of this
code; and
(C) violations of this code by school employees,
school representatives, or contractors involved in public schools;
or
(18) as the commissioner otherwise determines
necessary.
SECTION 2. Subtitle D, Title 4, Government Code, is amended
by adding Chapter 452 to read as follows:
CHAPTER 452. INSPECTOR GENERAL FOR EDUCATION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 452.001. DEFINITIONS. In this chapter:
(1) "Division" means the division of inspector general
for education established under this chapter.
(2) "Fraud" means an intentional deception or
misrepresentation made by a person with the knowledge that the
deception or misrepresentation could result in some unauthorized
benefit to that person or some other person. The term includes any
act that constitutes fraud under applicable federal or state law.
(3) "Local education agency" includes a school
district or county system described by Subchapter G, Chapter 11,
Education Code.
Sec. 452.002. DIVISION OF INSPECTOR GENERAL FOR EDUCATION.
(a) The division of inspector general for education is established
in the office of the governor.
(b) The governor shall appoint an inspector general to serve
as director of the division. The inspector general serves until
removed by the governor.
(c) The office of the governor shall provide staff and
administrative resources and support services as necessary to
ensure that investigations and reviews authorized by this chapter
are conducted expeditiously.
(d) The commissioner shall provide the inspector general
full access to all data under the agency's control, including all
Public Education Information Management System (PEIMS) data and
other data pertaining to school disciplinary records.
SUBCHAPTER B. POWERS AND DUTIES
Sec. 452.051. GENERAL RESPONSIBILITIES. (a) The division
is responsible for:
(1) the investigation, prevention, and detection of
wrongdoing and fraud, waste, and abuse in the administration of
public education by school districts, open-enrollment charter
schools, regional education service centers, and other local
education agencies in this state; and
(2) the investigation of actions taken by school
districts, open-enrollment charter schools, regional education
service centers, and other local education agencies in this state
in relation to violations of school safety and security and other
violations of the Education Code.
(b) The division may investigate:
(1) allegations of fraud, waste, and abuse and
violations of the Education Code or other law;
(2) violations of school safety and security,
including audits under Section 37.108, Section 37.1081, Section
37.1082, and Section 37.109; and
(3) allegations of violations of the Education Code.
(c) The division may:
(1) conduct civil and administrative investigations
and initiate reviews of a school district, an open-enrollment
charter school, a regional education service center, or another
local education agency as considered appropriate by the inspector
general;
(2) conduct audits of the use of funds, including
funds used for school security, by a school district, an
open-enrollment charter school, a regional education service
center, or another local education agency;
(3) receive complaints from any source and investigate
on its own initiative;
(4) conduct special investigations authorized by the
commissioner of education under Section 39.003(a), Education Code;
(5) make findings of fact that a school district, an
open-enrollment charter school, a regional education service
center, or another local education agency or an employee or agent
of one of those entities committed an act of wrongdoing, fraud,
waste, or abuse in the administration of public education and take
appropriate action as determined by the governor in consultation
with the commissioner of education, regardless of any time
requirement relating to the action under Chapter 8, 12, or 39A,
Education Code;
(6) after finding that there has been a violation of
school safety and security, prescribe binding corrective or
disciplinary action to be taken; and
(7) review audits conducted under Section 37.108,
Section 37.1081, Section 37.1082, and Section 37.109.
(d) The commissioner of education may take control of the
management of any part of an entity described by Subsection (c)(5)
for which the division finds a violation of school safety and
security under Subsection (c)(6).
(e) The governor may order the division to conduct a
forensic audit of any school district, open-enrollment charter
school, regional education service center, or other local
education agency in this state. The entity for which the audit was
ordered shall pay the costs of the audit.
(f) The division shall perform all other duties and exercise
all other powers granted to the division by this chapter or other
law.
Sec. 452.052. GENERAL POWERS. (a) The division has all the
powers necessary or appropriate to carry out its responsibilities
and functions under this chapter and other law.
(b) Subject to Subsection (c), in conducting an
investigation under this chapter of the board of trustees of a
school district, the governing body of an open-enrollment charter
school, the board of directors of a regional education service
center or another local education agency, or the executive
leadership of any of those entities, the division may:
(1) attend any meeting or proceeding of the school
district, open-enrollment charter school, regional education
service center, or other local education agency, including a
meeting or proceeding that is closed to the public, except for a
private consultation of the entity with its attorney permitted
under Section 551.071; and
(2) inspect the records, documents, and files of the
school district, open-enrollment charter school, regional
education service center, or other local education agency,
including any record, document, or file that is not subject to
public disclosure under Chapter 552 or other law.
(c) The division's authority under Subsection (b) applies
only to a meeting, a proceeding, or information that is relevant to
the discovery of relevant information regarding an allegation of
wrongdoing or a violation of the Education Code or of fraud, waste,
or abuse in the administration of public education by a person or
entity described by Subsection (b). The division may not inspect a
record, document, or file that is a privileged communication
between an individual and the individual's attorney.
(d) The inspection or disclosure of a record, document, or
file for purposes of an investigation under this chapter is not a
voluntary disclosure under Section 552.007. A record, document, or
file made available to the division for purposes of an
investigation under this chapter is not subject to public
disclosure by the division.
(e) The inspector general may prescribe binding
disciplinary action and a corrective timeline for any entity
described by Subsection (b).
(f) The inspector general shall have full access to all data
under the agency's control, including all Public Education
Information Management System (PEIMS) data and other data
pertaining to school disciplinary records.
(g) The inspector general may review all audits under
conducted under Section 37.108, Section 37.1081, Section 37.1082,
and Section 37.109. The inspector general may issue binding
corrective timelines and disciplinary actions for emergency
operations plan noncompliance.
(h) The commissioner may appoint the inspector general as a
conservator under Section 37.1082.
Sec. 452.053. SUBPOENAS. (a) The inspector general may
issue a subpoena to compel the attendance of a relevant witness at
a hearing or deposition under this chapter or to compel the
production, for inspection or copying, of books, papers, records,
documents, or other relevant materials, including electronic data,
in connection with an investigation, review, hearing, or
deposition conducted under this chapter.
(b) A subpoena may be served personally or by certified
mail. If a person fails to comply with a subpoena, the inspector
general, acting through the attorney general, may file suit to
enforce the subpoena in a district court in this state.
(c) On finding that good cause exists for issuing the
subpoena, the court shall order the person to comply with the
subpoena. The court may hold in contempt a person who fails to obey
the court order.
Sec. 452.054. COOPERATION WITH OTHER ENTITIES. The
division may refer matters for further civil and administrative
action to appropriate administrative agencies, including the
attorney general.
SECTION 3. 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 on the 91st day after the last day of the
legislative session.