Texas 2025 - 89th Regular

Texas House Bill HB1025 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R508 MEW-D
2	2	By: Shaheen H.B. No. 1025
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the appointment of an inspector general for education,
10	10	the creation of a division of inspector general for education in the
11	11	State Board of Education to investigate public education, and the
12	12	authority of the commissioner of education to conduct special
13	13	investigations.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Section 7.102(c), Education Code, is amended by
16	16	adding Subdivision (35) to read as follows:
17	17	(35) The board shall appoint an inspector general for
18	18	education in accordance with Subchapter E.
19	19	SECTION 2. Chapter 7, Education Code, is amended by adding
20	20	Subchapter E to read as follows:
21	21	SUBCHAPTER E. INSPECTOR GENERAL FOR EDUCATION
22	22	Sec. 7.151. DEFINITIONS. In this subchapter:
23	23	(1) "Abuse" has the meaning assigned by Section
24	24	261.001, Family Code.
25	25	(2) "Division" means the division of inspector general
26	26	for education established under this subchapter.
27	27	(3) "Fraud" means an intentional deception or
28	28	misrepresentation made by a person with the knowledge that the
29	29	deception or misrepresentation could result in some unauthorized
30	30	benefit to that person or some other person. The term includes any
31	31	act that constitutes fraud under applicable federal or state law.
32	32	(4) "Local education agency" includes a school
33	33	district or county system described by Subchapter G, Chapter 11.
34	34	Sec. 7.152. DIVISION OF INSPECTOR GENERAL FOR EDUCATION.
35	35	(a) The division of inspector general for education is established
36	36	as a division within the board.
37	37	(b) The board shall, by majority vote, appoint an inspector
38	38	general to serve as director of the division. The inspector general
39	39	serves until removed by the board.
40	40	(c) From money appropriated for that purpose, the inspector
41	41	general may employ staff and pay for administrative resources,
42	42	support services, and operating expenses as necessary to ensure
43	43	investigations and reviews authorized by this subchapter are
44	44	conducted expeditiously.
45	45	Sec. 7.153. GENERAL RESPONSIBILITIES. (a) The division is
46	46	responsible for:
47	47	(1) the investigation, prevention, and detection of
48	48	wrongdoing and fraud, waste, and abuse in public education by
49	49	school districts, open-enrollment charter schools, regional
50	50	education service centers, and other local education agencies in
51	51	this state; and
52	52	(2) the investigation of violations of state or
53	53	federal law by school districts, open-enrollment charter schools,
54	54	regional education service centers, and other local education
55	55	agencies in this state, including violations by employees,
56	56	representatives, and contractors of those entities, of:
57	57	(A) parental rights under Chapter 26 or other
58	58	state law;
59	59	(B) school safety and security requirements
60	60	under Sections 37.108, 37.1081, and 37.109; or
61	61	(C) any other provision of this code.
62	62	(b) The division may investigate:
63	63	(1) allegations of fraud, waste, and abuse;
64	64	(2) alleged violations of:
65	65	(A) the requirement to report educator
66	66	misconduct under Section 21.006;
67	67	(B) the required transfer of a student in
68	68	accordance with Section 25.0342;
69	69	(C) parental rights under Chapter 26 of this code
70	70	or Chapter 151, Family Code;
71	71	(D) requirements and prohibitions under Section
72	72	28.0022;
73	73	(E) discipline and law and order under Chapter
74	74	37, including school safety and security requirements under
75	75	Sections 37.108, 37.1081, and 37.109;
76	76	(F) any other provision of this code;
77	77	(G) the reporting requirement under Section
78	78	261.101, Family Code;
79	79	(H) the code of ethics and standard practices for
80	80	educators adopted by State Board for Educator Certification rule;
81	81	(I) a student's right of due process in
82	82	administrative investigations; or
83	83	(J) the free speech clause of the First Amendment
84	84	to the United States Constitution or Section 8, Article I, Texas
85	85	Constitution;
86	86	(3) alleged incidents of misconduct that may
87	87	constitute an offense under Section 15.032, 20A.02(a)(7) or (8),
88	88	25.04, 43.23, or 43.24, Penal Code;
89	89	(4) complaints submitted to the division with respect
90	90	to alleged violations of civil rights or other requirements imposed
91	91	on the state by federal law or court order;
92	92	(5) a determination of extraordinary numbers of
93	93	student placements in disciplinary alternative education programs,
94	94	other than placements under Sections 37.006 and 37.007;
95	95	(6) decisions concerning discretionary student
96	96	placements in disciplinary alternative education programs; and
97	97	(7) allegations involving a conflict between the board
98	98	of trustees of a school district and the district administration if
99	99	it appears that the conflict involves a violation of a role or duty
100	100	of the board members or the administration clearly defined by this
101	101	code.
102	102	(c) The division shall, as necessary:
103	103	(1) conduct civil and administrative investigations,
104	104	refer criminal investigations to the appropriate local law
105	105	enforcement agency, and initiate reviews of a school district, an
106	106	open-enrollment charter school, a regional education service
107	107	center, or another local education agency as considered appropriate
108	108	by the inspector general;
109	109	(2) conduct, in coordination with the comptroller,
110	110	audits of the use of money by a school district, an open-enrollment
111	111	charter school, a regional education service center, or another
112	112	local education agency, including money used for school security,
113	113	school-based health, student mental health, capital expenditures,
114	114	the school health and related services program, and legal
115	115	representation;
116	116	(3) receive complaints from any source and investigate
117	117	those complaints on the division's own initiative;
118	118	(4) conduct investigations authorized by this
119	119	section;
120	120	(5) review public school safety and security audits
121	121	conducted under Section 37.108;
122	122	(6) investigate reports of educator or employee
123	123	misconduct under Section 21.006 or 22.093;
124	124	(7) make findings of fact that a school district, an
125	125	open-enrollment charter school, a regional education service
126	126	center, or another local education agency or an employee or agent of
127	127	one of those entities committed an act of wrongdoing, fraud, waste,
128	128	or abuse in public education or a violation or act of misconduct
129	129	described by Subsection (b) and take appropriate action as
130	130	determined by the inspector general in consultation with the board
131	131	and any appropriate law enforcement agencies, regardless of any
132	132	time requirement relating to the action under Chapter 8, 12, or 39A;
133	133	and
134	134	(8) notwithstanding Subdivision (7), on a finding of a
135	135	violation described by Subsection (b), including a requirement
136	136	relating to a school district's or open-enrollment charter school's
137	137	multihazard emergency operations plan, by an entity described by
138	138	that subdivision, prescribe binding corrective or disciplinary
139	139	action, including timelines for those actions, to be taken.
140	140	(d) The division shall perform all other duties and exercise
141	141	all other powers granted to the division by this subchapter or other
142	142	law.
143	143	Sec. 7.154. GENERAL POWERS. (a) The division has all the
144	144	powers necessary or appropriate to carry out its responsibilities
145	145	and functions under this subchapter and other law.
146	146	(b) Subject to Subsection (c), in conducting an
147	147	investigation under this subchapter of the board of trustees of a
148	148	school district, the governing body of an open-enrollment charter
149	149	school, the board of directors of a regional education service
150	150	center or another local education agency, or the executive
151	151	leadership of any of those entities, the division may:
152	152	(1) attend any meeting or proceeding of the school
153	153	district, open-enrollment charter school, regional education
154	154	service center, or other local education agency, including a
155	155	meeting or proceeding that is closed to the public, except for a
156	156	private consultation of the entity with its attorney permitted
157	157	under Section 551.071, Government Code; and
158	158	(2) inspect the records, documents, and files of the
159	159	school district, open-enrollment charter school, regional
160	160	education service center, or other local education agency,
161	161	including any record, document, or file that is not subject to
162	162	public disclosure under Chapter 552, Government Code, or other law.
163	163	(c) The division's authority under Subsection (b) applies
164	164	only to a meeting, a proceeding, or information that is relevant to
165	165	the discovery of relevant information regarding an allegation of
166	166	wrongdoing or a violation described by Section 7.153 or of fraud,
167	167	waste, or abuse in public education by a person or entity described
168	168	by Subsection (b). Except as provided by Subsection (e), the
169	169	division may not inspect a record, document, or file that is a
170	170	privileged communication between an individual and the
171	171	individual's attorney.
172	172	(d) The inspection or disclosure of a record, document, or
173	173	file for purposes of an investigation under this subchapter is not a
174	174	voluntary disclosure under Section 552.007, Government Code. A
175	175	record, document, or file made available to the division for
176	176	purposes of an investigation under this subchapter is not subject
177	177	to public disclosure by the division.
178	178	(e) The division may, for purposes of conducting an
179	179	investigation under this subchapter, access:
180	180	(1) any information under the agency's control,
181	181	including information contained in the Public Education
182	182	Information Management System (PEIMS) and information relating to
183	183	school disciplinary records, educator misconduct reports, and
184	184	school safety requirements; and
185	185	(2) any information under the control of an entity
186	186	described by Subsection (b), including, to the extent permitted by
187	187	law, communications with an attorney paid for using public money.
188	188	Sec. 7.155. SUBPOENAS. (a) The inspector general may issue
189	189	a subpoena to compel the attendance of a relevant witness at a
190	190	hearing or deposition under this subchapter or to compel the
191	191	production, for inspection or copying, of books, papers, records,
192	192	documents, or other relevant materials, including electronic data,
193	193	in connection with an investigation, review, hearing, or deposition
194	194	conducted under this subchapter.
195	195	(b) A subpoena may be served personally or by certified
196	196	mail. If a person fails to comply with a subpoena, the inspector
197	197	general, acting through the attorney general, may file suit to
198	198	enforce the subpoena in a district court in this state.
199	199	(c) On finding that good cause exists for issuing the
200	200	subpoena, the court shall order the person to comply with the
201	201	subpoena. The court may hold in contempt a person who fails to obey
202	202	the court order.
203	203	Sec. 7.156. COOPERATION WITH OTHER ENTITIES. The division
204	204	may refer matters for further civil, criminal, and administrative
205	205	action to appropriate agencies, including the attorney general.
206	206	Sec. 7.157. ANNUAL REPORT. (a) The inspector general shall
207	207	prepare and submit annually to the commissioner, the board, and the
208	208	presiding officer of each legislative standing committee with
209	209	primary jurisdiction over primary and secondary education a report
210	210	on the division's findings and recommendations related to all
211	211	investigations conducted by the division during the preceding year.
212	212	(b) If the inspector general conducted any audits under
213	213	Section 7.153(c)(2) during the year for which a report under
214	214	Subsection (a) is prepared, the inspector general shall include in
215	215	the report any amounts paid by a local education agency to an
216	216	attorney for legal representation.
217	217	(c) The division shall make the report publicly available on
218	218	the division's Internet website.
219	219	SECTION 3. Section 37.009, Education Code, is amended by
220	220	amending Subsection (a) and adding Subsection (a-3) to read as
221	221	follows:
222	222	(a) Not later than the third class day after the day on which
223	223	a student is removed from class by the teacher under Section
224	224	37.002(b) or (d) or by the school principal or other appropriate
225	225	administrator under Section 37.001(a)(2) or 37.006, the campus
226	226	behavior coordinator or other appropriate administrator shall
227	227	schedule a conference among the campus behavior coordinator or
228	228	other appropriate administrator, a parent or guardian of the
229	229	student, the teacher removing the student from class, if any, and
230	230	the student. At the conference, the student is entitled to written
231	231	or oral notice of the reasons for the removal, an explanation of the
232	232	basis for the removal, and an opportunity to respond to the reasons
233	233	for the removal. The student may not be returned to the regular
234	234	classroom pending the conference. Following the conference, and
235	235	whether or not each requested person is in attendance after valid
236	236	attempts to require the person's attendance, the campus behavior
237	237	coordinator, after consideration of the factors under Section
238	238	37.001(a)(4), shall order the placement of the student for a period
239	239	consistent with the student code of conduct. Before ordering the
240	240	suspension, expulsion, removal to a disciplinary alternative
241	241	education program, or placement in a juvenile justice alternative
242	242	education program of a student, the behavior coordinator must
243	243	consider whether the student acted in self-defense, the intent or
244	244	lack of intent at the time the student engaged in the conduct, the
245	245	student's disciplinary history, and whether the student has a
246	246	disability that substantially impairs the student's capacity to
247	247	appreciate the wrongfulness of the student's conduct, regardless of
248	248	whether the decision of the behavior coordinator concerns a
249	249	mandatory or discretionary action. Subject to Subsection (a-3), if
250	250	[If] school district policy allows a student to appeal to the board
251	251	of trustees or the board's designee a decision of the campus
252	252	behavior coordinator or other appropriate administrator, other
253	253	than an expulsion under Section 37.007, the decision of the board or
254	254	the board's designee is final and may not be appealed. If the
255	255	period of the placement is inconsistent with the guidelines
256	256	included in the student code of conduct under Section 37.001(a)(5),
257	257	the order must give notice of the inconsistency. The period of the
258	258	placement may not exceed one year unless, after a review, the
259	259	district determines that the student is a threat to the safety of
260	260	other students or to district employees.
261	261	(a-3) If the decision of the campus behavior coordinator or
262	262	other appropriate administrator to place a student in a
263	263	disciplinary alternative education program concerns a
264	264	discretionary action, the parent or guardian of the student may
265	265	appeal the decision to the division of inspector general
266	266	established under Subchapter E, Chapter 7.
267	267	SECTION 4. The heading to Section 37.1085, Education Code,
268	268	is amended to read as follows:
269	269	Sec. 37.1085. INTERVENTIONS [ASSIGNMENT OF CONSERVATOR]
270	270	FOR NONCOMPLIANCE WITH SCHOOL SAFETY AND SECURITY REQUIREMENTS.
271	271	SECTION 5. Section 37.1085, Education Code, is amended by
272	272	amending Subsection (c) and adding Subsection (d) to read as
273	273	follows:
274	274	(c) Subsections (a) and (b) do [This section does] not apply
275	275	to a school district's failure to comply with Section 37.0814 or a
276	276	good cause exception claimed under that section.
277	277	(d) If the division of inspector general for education
278	278	established under Subchapter E, Chapter 7, makes a finding of fact
279	279	under Section 7.153(c)(7) that a school district, an
280	280	open-enrollment charter school, a regional education service
281	281	center, or another local education agency committed a violation of
282	282	a school safety and security requirement, the commissioner may take
283	283	control of the management, or any part of the management, of the
284	284	entity that committed the violation.
285	285	SECTION 6. Section 39.003, Education Code, is amended by
286	286	amending Subsection (a) and adding Subsection (c-1) to read as
287	287	follows:
288	288	(a) The commissioner may authorize special investigations
289	289	to be conducted:
290	290	(1) when excessive numbers of absences of students
291	291	eligible to be tested on state assessment instruments are
292	292	determined;
293	293	(2) when excessive numbers of allowable exemptions
294	294	from the required state assessment instruments are determined;
295	295	(3) [in response to complaints submitted to the agency
296	296	with respect to alleged violations of civil rights or other
297	297	requirements imposed on the state by federal law or court order;
298	298	[(4)] in response to established compliance reviews of
299	299	the district's financial accounting practices and state and federal
300	300	program requirements;
301	301	[(5) when extraordinary numbers of student placements
302	302	in disciplinary alternative education programs, other than
303	303	placements under Sections 37.006 and 37.007, are determined;
304	304	[(6) in response to an allegation involving a conflict
305	305	between members of the board of trustees or between the board and
306	306	the district administration if it appears that the conflict
307	307	involves a violation of a role or duty of the board members or the
308	308	administration clearly defined by this code;]
309	309	(4) [(7)] when excessive numbers of students in
310	310	special education programs under Subchapter A, Chapter 29, are
311	311	assessed through assessment instruments developed or adopted under
312	312	Section 39.023(b);
313	313	(5) [(8)] in response to an allegation regarding or an
314	314	analysis using a statistical method result indicating a possible
315	315	violation of an assessment instrument security procedure
316	316	established under Section 39.0301, including for the purpose of
317	317	investigating or auditing a school district under that section;
318	318	(6) [(9)] when a significant pattern of decreased
319	319	academic performance has developed as a result of the promotion in
320	320	the preceding two school years of students who did not perform
321	321	satisfactorily as determined by the commissioner under Section
322	322	39.0241(a) on assessment instruments administered under Section
323	323	39.023(a), (c), or (l);
324	324	(7) [(10)] when excessive numbers of students
325	325	eligible to enroll fail to complete an Algebra II course or any
326	326	other advanced course as determined by the commissioner;
327	327	(8) [(11)] when resource allocation practices as
328	328	evaluated under Section 39.0821 indicate a potential for
329	329	significant improvement in resource allocation;
330	330	(9) [(12)] when a disproportionate number of students
331	331	of a particular demographic group is graduating with a particular
332	332	endorsement under Section 28.025(c-1);
333	333	(10) [(13)] when an excessive number of students is
334	334	graduating with a particular endorsement under Section
335	335	28.025(c-1);
336	336	(11) [(14)] in response to a complaint submitted to
337	337	the agency with respect to alleged inaccurate data that is reported
338	338	through the Public Education Information Management System (PEIMS)
339	339	or through other reports required by state or federal law or rule or
340	340	court order and that is used by the agency to make a determination
341	341	relating to public school accountability, including accreditation,
342	342	under this chapter; or
343	343	(12) [(15)] when 10 percent or more of the students
344	344	graduating in a particular school year from a particular high
345	345	school campus are awarded a diploma based on the determination of an
346	346	individual graduation committee under Section 28.0258[;
347	347	[(16) when a school district for any reason fails to
348	348	produce, at the request of the agency, evidence or an investigation
349	349	report relating to an educator who is under investigation by the
350	350	State Board for Educator Certification; or
351	351	[(17) as the commissioner otherwise determines
352	352	necessary].
353	353	(c-1) If the commissioner does not authorize a special
354	354	investigation under Subsection (a)(5) through (12) in response to a
355	355	complaint submitted to the agency within 90 days of receiving that
356	356	complaint, the complainant may report the matter to the division of
357	357	inspector general established under Subchapter E, Chapter 7, for
358	358	investigation.
359	359	SECTION 7. Section 39.0302(a), Education Code, is amended
360	360	to read as follows:
361	361	(a) During an agency investigation or audit of a school
362	362	district under Section 39.0301(e) or (f), a special investigation
363	363	under Section 39.003(a)(5) [39.003(a)(8)] or (11) [(14)], a
364	364	compliance review under Section 21.006(k), 22.093(l), or 22.096, or
365	365	an investigation by the State Board for Educator Certification of
366	366	an educator for an alleged violation of an assessment instrument
367	367	security procedure established under Section 39.0301(a), the
368	368	commissioner may issue a subpoena to compel the attendance of a
369	369	relevant witness or the production, for inspection or copying, of
370	370	relevant evidence that is located in this state.
371	371	SECTION 8. This Act takes effect immediately if it receives
372	372	a vote of two-thirds of all the members elected to each house, as
373	373	provided by Section 39, Article III, Texas Constitution. If this
374	374	Act does not receive the vote necessary for immediate effect, this
375	375	Act takes effect September 1, 2025.