Texas 2023 - 88th 4th C.S.

Texas House Bill HB117 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Shaheen H.B. No. 117
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the appointment of an inspector general for education
7	7	and the creation of a division of inspector general for education in
8	8	the governor's office 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. Section 39.003(a), Education Code, is amended to
12	12	read as follows:
13	13	(a) The commissioner may authorize special investigations
14	14	to be conducted:
15	15	(1) when excessive numbers of absences of students
16	16	eligible to be tested on state assessment instruments are
17	17	determined;
18	18	(2) when excessive numbers of allowable exemptions
19	19	from the required state assessment instruments are determined;
20	20	(3) in response to complaints submitted to the agency
21	21	with respect to alleged violations of civil rights or other
22	22	requirements imposed on the state by federal law or court order;
23	23	(4) in response to established compliance reviews of
24	24	the district's financial accounting practices and state and federal
25	25	program requirements;
26	26	(5) when extraordinary numbers of student placements
27	27	in disciplinary alternative education programs, other than
28	28	placements under Sections 37.006 and 37.007, are determined;
29	29	(6) in response to an allegation involving a conflict
30	30	between members of the board of trustees or between the board and
31	31	the district administration if it appears that the conflict
32	32	involves a violation of a role or duty of the board members or the
33	33	administration clearly defined by this code;
34	34	(7) when excessive numbers of students in special
35	35	education programs under Subchapter A, Chapter 29, are assessed
36	36	through assessment instruments developed or adopted under Section
37	37	39.023(b);
38	38	(8) in response to an allegation regarding or an
39	39	analysis using a statistical method result indicating a possible
40	40	violation of an assessment instrument security procedure
41	41	established under Section 39.0301, including for the purpose of
42	42	investigating or auditing a school district under that section;
43	43	(9) when a significant pattern of decreased academic
44	44	performance has developed as a result of the promotion in the
45	45	preceding two school years of students who did not perform
46	46	satisfactorily as determined by the commissioner under Section
47	47	39.0241(a) on assessment instruments administered under Section
48	48	39.023(a), (c), or (1);
49	49	(10) when excessive numbers of students eligible to
50	50	enroll fail to complete an Algebra II course or any other advanced
51	51	course as determined by the commissioner;
52	52	(11) when resource allocation practices as evaluated
53	53	under Section 39.0821 indicate a potential for significant
54	54	improvement in resource allocation;
55	55	(12) when a disproportionate number of students of a
56	56	particular demographic group is graduating with a particular
57	57	endorsement under Section 28.025(c-1);
58	58	(13) when an excessive number of students is
59	59	graduating with a particular endorsement under Section
60	60	28.025(c-1);
61	61	(14) in response to a complaint submitted to the
62	62	agency with respect to alleged inaccurate data that is reported
63	63	through the Public Education Information Management System (PEIMS)
64	64	or through other reports required by state or federal law or rule or
65	65	court order and that is used by the agency to make a determination
66	66	relating to public school accountability, including accreditation,
67	67	under this chapter;
68	68	(15) when 10 percent or more of the students
69	69	graduating in a particular school year from a particular high
70	70	school campus are awarded a diploma based on the determination of an
71	71	individual graduation committee under Section 28.0258;
72	72	(16) when a school district for any reason fails to
73	73	produce, at the request of the agency, evidence or an investigation
74	74	report relating to an educator who is under investigation by the
75	75	State Board for Educator Certification; [or]
76	76	(17) by the division of inspector general for
77	77	education established under Chapter 452, Government Code, for the
78	78	purpose of investigating:
79	79	(A) allegations of fraud, waste, and abuse in the
80	80	administration of public education;
81	81	(B) violations of school safety and security,
82	82	including audits conducted under Section 37.108, Section 37.1081,
83	83	Section 37.1082, and Section 37.109, and other violations of this
84	84	code; and
85	85	(C) violations of this code by school employees,
86	86	school representatives, or contractors involved in public schools;
87	87	or
88	88	(18) as the commissioner otherwise determines
89	89	necessary.
90	90	SECTION 2. Subtitle D, Title 4, Government Code, is amended
91	91	by adding Chapter 452 to read as follows:
92	92	CHAPTER 452. INSPECTOR GENERAL FOR EDUCATION
93	93	SUBCHAPTER A. GENERAL PROVISIONS
94	94	Sec. 452.001. DEFINITIONS. In this chapter:
95	95	(1) "Division" means the division of inspector general
96	96	for education established under this chapter.
97	97	(2) "Fraud" means an intentional deception or
98	98	misrepresentation made by a person with the knowledge that the
99	99	deception or misrepresentation could result in some unauthorized
100	100	benefit to that person or some other person. The term includes any
101	101	act that constitutes fraud under applicable federal or state law.
102	102	(3) "Local education agency" includes a school
103	103	district or county system described by Subchapter G, Chapter 11,
104	104	Education Code.
105	105	Sec. 452.002. DIVISION OF INSPECTOR GENERAL FOR EDUCATION.
106	106	(a) The division of inspector general for education is established
107	107	in the office of the governor.
108	108	(b) The governor shall appoint an inspector general to serve
109	109	as director of the division. The inspector general serves until
110	110	removed by the governor.
111	111	(c) The office of the governor shall provide staff and
112	112	administrative resources and support services as necessary to
113	113	ensure that investigations and reviews authorized by this chapter
114	114	are conducted expeditiously.
115	115	(d) The commissioner shall provide the inspector general
116	116	full access to all data under the agency's control, including all
117	117	Public Education Information Management System (PEIMS) data and
118	118	other data pertaining to school disciplinary records.
119	119	SUBCHAPTER B. POWERS AND DUTIES
120	120	Sec. 452.051. GENERAL RESPONSIBILITIES. (a) The division
121	121	is responsible for:
122	122	(1) the investigation, prevention, and detection of
123	123	wrongdoing and fraud, waste, and abuse in the administration of
124	124	public education by school districts, open-enrollment charter
125	125	schools, regional education service centers, and other local
126	126	education agencies in this state; and
127	127	(2) the investigation of actions taken by school
128	128	districts, open-enrollment charter schools, regional education
129	129	service centers, and other local education agencies in this state
130	130	in relation to violations of school safety and security and other
131	131	violations of the Education Code.
132	132	(b) The division may investigate:
133	133	(1) allegations of fraud, waste, and abuse and
134	134	violations of the Education Code or other law;
135	135	(2) violations of school safety and security,
136	136	including audits under Section 37.108, Section 37.1081, Section
137	137	37.1082, and Section 37.109; and
138	138	(3) allegations of violations of the Education Code.
139	139	(c) The division may:
140	140	(1) conduct civil and administrative investigations
141	141	and initiate reviews of a school district, an open-enrollment
142	142	charter school, a regional education service center, or another
143	143	local education agency as considered appropriate by the inspector
144	144	general;
145	145	(2) conduct audits of the use of funds, including
146	146	funds used for school security, by a school district, an
147	147	open-enrollment charter school, a regional education service
148	148	center, or another local education agency;
149	149	(3) receive complaints from any source and investigate
150	150	on its own initiative;
151	151	(4) conduct special investigations authorized by the
152	152	commissioner of education under Section 39.003(a), Education Code;
153	153	(5) make findings of fact that a school district, an
154	154	open-enrollment charter school, a regional education service
155	155	center, or another local education agency or an employee or agent
156	156	of one of those entities committed an act of wrongdoing, fraud,
157	157	waste, or abuse in the administration of public education and take
158	158	appropriate action as determined by the governor in consultation
159	159	with the commissioner of education, regardless of any time
160	160	requirement relating to the action under Chapter 8, 12, or 39A,
161	161	Education Code;
162	162	(6) after finding that there has been a violation of
163	163	school safety and security, prescribe binding corrective or
164	164	disciplinary action to be taken; and
165	165	(7) review audits conducted under Section 37.108,
166	166	Section 37.1081, Section 37.1082, and Section 37.109.
167	167	(d) The commissioner of education may take control of the
168	168	management of any part of an entity described by Subsection (c)(5)
169	169	for which the division finds a violation of school safety and
170	170	security under Subsection (c)(6).
171	171	(e) The governor may order the division to conduct a
172	172	forensic audit of any school district, open-enrollment charter
173	173	school, regional education service center, or other local
174	174	education agency in this state. The entity for which the audit was
175	175	ordered shall pay the costs of the audit.
176	176	(f) The division shall perform all other duties and exercise
177	177	all other powers granted to the division by this chapter or other
178	178	law.
179	179	Sec. 452.052. GENERAL POWERS. (a) The division has all the
180	180	powers necessary or appropriate to carry out its responsibilities
181	181	and functions under this chapter and other law.
182	182	(b) Subject to Subsection (c), in conducting an
183	183	investigation under this chapter of the board of trustees of a
184	184	school district, the governing body of an open-enrollment charter
185	185	school, the board of directors of a regional education service
186	186	center or another local education agency, or the executive
187	187	leadership of any of those entities, the division may:
188	188	(1) attend any meeting or proceeding of the school
189	189	district, open-enrollment charter school, regional education
190	190	service center, or other local education agency, including a
191	191	meeting or proceeding that is closed to the public, except for a
192	192	private consultation of the entity with its attorney permitted
193	193	under Section 551.071; and
194	194	(2) inspect the records, documents, and files of the
195	195	school district, open-enrollment charter school, regional
196	196	education service center, or other local education agency,
197	197	including any record, document, or file that is not subject to
198	198	public disclosure under Chapter 552 or other law.
199	199	(c) The division's authority under Subsection (b) applies
200	200	only to a meeting, a proceeding, or information that is relevant to
201	201	the discovery of relevant information regarding an allegation of
202	202	wrongdoing or a violation of the Education Code or of fraud, waste,
203	203	or abuse in the administration of public education by a person or
204	204	entity described by Subsection (b). The division may not inspect a
205	205	record, document, or file that is a privileged communication
206	206	between an individual and the individual's attorney.
207	207	(d) The inspection or disclosure of a record, document, or
208	208	file for purposes of an investigation under this chapter is not a
209	209	voluntary disclosure under Section 552.007. A record, document, or
210	210	file made available to the division for purposes of an
211	211	investigation under this chapter is not subject to public
212	212	disclosure by the division.
213	213	(e) The inspector general may prescribe binding
214	214	disciplinary action and a corrective timeline for any entity
215	215	described by Subsection (b).
216	216	(f) The inspector general shall have full access to all data
217	217	under the agency's control, including all Public Education
218	218	Information Management System (PEIMS) data and other data
219	219	pertaining to school disciplinary records.
220	220	(g) The inspector general may review all audits under
221	221	conducted under Section 37.108, Section 37.1081, Section 37.1082,
222	222	and Section 37.109. The inspector general may issue binding
223	223	corrective timelines and disciplinary actions for emergency
224	224	operations plan noncompliance.
225	225	(h) The commissioner may appoint the inspector general as a
226	226	conservator under Section 37.1082.
227	227	Sec. 452.053. SUBPOENAS. (a) The inspector general may
228	228	issue a subpoena to compel the attendance of a relevant witness at
229	229	a hearing or deposition under this chapter or to compel the
230	230	production, for inspection or copying, of books, papers, records,
231	231	documents, or other relevant materials, including electronic data,
232	232	in connection with an investigation, review, hearing, or
233	233	deposition conducted under this chapter.
234	234	(b) A subpoena may be served personally or by certified
235	235	mail. If a person fails to comply with a subpoena, the inspector
236	236	general, acting through the attorney general, may file suit to
237	237	enforce the subpoena in a district court in this state.
238	238	(c) On finding that good cause exists for issuing the
239	239	subpoena, the court shall order the person to comply with the
240	240	subpoena. The court may hold in contempt a person who fails to obey
241	241	the court order.
242	242	Sec. 452.054. COOPERATION WITH OTHER ENTITIES. The
243	243	division may refer matters for further civil and administrative
244	244	action to appropriate administrative agencies, including the
245	245	attorney general.
246	246	SECTION 3. This Act takes effect immediately if it receives
247	247	a vote of two-thirds of all the members elected to each house, as
248	248	provided by Section 39, Article III, Texas Constitution. If this
249	249	Act does not receive the vote necessary for immediate effect, this
250	250	Act takes effect on the 91st day after the last day of the
251	251	legislative session.