Texas 2025 - 89th Regular

Texas House Bill HB1456 Compare Versions

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1	1	89R7779 MEW-D
2	2	By: Patterson H.B. No. 1456
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of the office of inspector general at the
10	10	Texas Education Agency to investigate complaints by parents of
11	11	children enrolled in public school.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle E, Title 2, Education Code, is amended
14	14	by adding Chapter 26A to read as follows:
15	15	CHAPTER 26A. OFFICE OF INSPECTOR GENERAL
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 26A.001. DEFINITION. In this chapter, "office" means
18	18	the office of inspector general established under this chapter.
19	19	Sec. 26A.002. OFFICE OF INSPECTOR GENERAL. (a) The office
20	20	of inspector general is established as a division within the
21	21	agency.
22	22	(b) The governor shall appoint an inspector general to serve
23	23	as director of the office. The inspector general serves until
24	24	removed by the governor.
25	25	(c) The agency shall provide staff and administrative
26	26	resources and support services as necessary to ensure
27	27	investigations authorized by this chapter are conducted
28	28	expeditiously.
29	29	SUBCHAPTER B. POWERS AND DUTIES
30	30	Sec. 26A.051. GENERAL RESPONSIBILITIES. (a) The office is
31	31	responsible for the investigation of complaints received from
32	32	parents of children enrolled in public school regarding issues
33	33	involving the agency, the State Board of Education, or a school
34	34	district or open-enrollment charter school.
35	35	(b) The office may:
36	36	(1) receive and investigate complaints from parents of
37	37	children enrolled in public school regarding unethical conduct or a
38	38	violation of state or federal law relating to public education or
39	39	agency procedure or policy by:
40	40	(A) the agency, the State Board of Education, or
41	41	a school district or open-enrollment charter school; or
42	42	(B) an employee of the agency, the State Board of
43	43	Education, or a school district or open-enrollment charter school;
44	44	(2) conduct special investigations authorized by the
45	45	commissioner under Section 39.003(a); and
46	46	(3) make findings of fact that the agency, the State
47	47	Board of Education, a school district, or an open-enrollment
48	48	charter school or an employee of the entity engaged in unethical
49	49	conduct or a violation of state or federal law and take appropriate
50	50	action as determined by the commissioner, regardless of any time
51	51	requirement relating to the action under Chapter 12 or 39A.
52	52	(c) The office shall perform all other duties and exercise
53	53	all other powers granted to the office by this chapter or other law.
54	54	Sec. 26A.052. GENERAL POWERS. (a) The office has all the
55	55	powers necessary or appropriate to carry out its responsibilities
56	56	and functions under this chapter and other law.
57	57	(b) Subject to Subsection (c), in conducting an
58	58	investigation under this chapter of the board of trustees of a
59	59	school district or the governing body of an open-enrollment charter
60	60	school, the office may:
61	61	(1) attend any meeting or proceeding of the district
62	62	or school, including a meeting or proceeding that is closed to the
63	63	public, except for a private consultation of the entity with its
64	64	attorney permitted under Section 551.071, Government Code; and
65	65	(2) inspect the records, documents, and files of the
66	66	district or school, including any record, document, or file that is
67	67	not subject to public disclosure under Chapter 552, Government
68	68	Code, or other law.
69	69	(c) The office's authority under Subsection (b) applies
70	70	only to a meeting, a proceeding, or information that is relevant to
71	71	the discovery of relevant information regarding an allegation of
72	72	unethical conduct or a violation of state or federal law. The
73	73	office may not inspect a record, document, or file that is a
74	74	privileged communication between an individual and the
75	75	individual's attorney.
76	76	(d) The inspection or disclosure of a record, document, or
77	77	file for purposes of an investigation under this chapter is not a
78	78	voluntary disclosure under Section 552.007, Government Code. A
79	79	record, document, or file made available to the office for purposes
80	80	of an investigation under this chapter is not subject to public
81	81	disclosure by the office.
82	82	Sec. 26A.053. INVESTIGATION OF UNREPORTED VIOLATIONS. If,
83	83	during the investigation of a complaint, the inspector general
84	84	discovers unreported unethical conduct or violations described by
85	85	Section 26A.051(b)(1), the inspector general shall open a new
86	86	investigation for each unreported occurrence of unethical conduct
87	87	or violation.
88	88	Sec. 26A.054. SUBPOENAS. (a) The inspector general may
89	89	issue a subpoena to compel the attendance of a relevant witness at a
90	90	hearing or deposition under this chapter or to compel the
91	91	production, for inspection or copying, of books, papers, records,
92	92	documents, or other relevant materials, including electronic data,
93	93	in connection with an investigation, review, hearing, or deposition
94	94	conducted under this chapter.
95	95	(b) A subpoena may be served personally or by certified
96	96	mail. If a person fails to comply with a subpoena, the inspector
97	97	general, acting through the attorney general, may file suit to
98	98	enforce the subpoena in a district court in this state.
99	99	(c) On finding that good cause exists for issuing the
100	100	subpoena, the court shall order the person to comply with the
101	101	subpoena. The court may hold in contempt a person who fails to obey
102	102	the court order.
103	103	Sec. 26A.055. COOPERATION WITH OTHER ENTITIES. The office
104	104	may refer matters for further civil and administrative action to
105	105	appropriate administrative agencies, including the attorney
106	106	general.
107	107	Sec. 26A.056. CONFIDENTIALITY. (a) Information received
108	108	by the office regarding a complaint is confidential and not subject
109	109	to disclosure under Chapter 552, Government Code. The office shall
110	110	maintain the information in a manner that preserves the
111	111	information's confidentiality.
112	112	(b) The disclosure of confidential information to the
113	113	office under this chapter does not constitute a waiver of
114	114	confidentiality. Any information disclosed to the office under this
115	115	chapter remains confidential and privileged following disclosure.
116	116	(c) This section does not prohibit the office from
117	117	communicating with the agency, the State Board of Education, or a
118	118	school district or open-enrollment charter school regarding
119	119	confidential information disclosed to the office by the agency,
120	120	board, district, or school.
121	121	Sec. 26A.057. RETALIATION PROHIBITED. (a) The agency, a
122	122	school district, or an open-enrollment charter school may not
123	123	retaliate against:
124	124	(1) a parent of a child enrolled in a school district
125	125	or open-enrollment charter school who in good faith makes a
126	126	complaint to the office;
127	127	(2) a child enrolled in a school district or
128	128	open-enrollment charter school whose parent in good faith makes a
129	129	complaint to the office; or
130	130	(3) any person, including an employee of the agency,
131	131	State Board of Education, district, or school, who in good faith
132	132	cooperates with the office in an investigation.
133	133	(b) The office shall collaborate with the agency to
134	134	establish consequences for a retaliatory action taken in violation
135	135	of this section.
136	136	Sec. 26A.058. ACCESS TO INFORMATION. The agency shall
137	137	provide the office access to the agency's records relating to a
138	138	complaint filed with the office under this chapter.
139	139	Sec. 26A.059. REPORTS. (a) The inspector general shall
140	140	issue and file with the agency a report that contains the inspector
141	141	general's final determinations regarding a complaint and any
142	142	recommended corrective actions to be taken as a result of the
143	143	complaint.
144	144	(b) Notwithstanding Section 26A.056, the inspector general
145	145	may make a report relating to an investigation of a complaint public
146	146	after the complaint is resolved. A report made public under this
147	147	subsection may not include information that identifies any person
148	148	involved in the complaint, including the complainant, a child, a
149	149	child's parent, or an employee of the agency, the State Board of
150	150	Education, a school district, or an open-enrollment charter school.
151	151	(c) Not later than December 1 of each year, the inspector
152	152	general shall prepare and submit to the agency and the State Board
153	153	of Education a report on the inspector general's work during the
154	154	preceding year. The report must include:
155	155	(1) a description of the inspector general's work;
156	156	(2) any change made by the agency in response to a
157	157	substantiated complaint;
158	158	(3) a description of any trends in the nature of
159	159	complaints received by the inspector general, any recommendations
160	160	related to addressing those trends, and an evaluation of the
161	161	feasibility of the inspector general's recommendations;
162	162	(4) a glossary of terms used in the report; and
163	163	(5) any public feedback received by the inspector
164	164	general relating to the inspector general's previous reports under
165	165	this subsection.
166	166	(d) On receipt of the report required under Subsection (c),
167	167	the agency shall make the report publicly available on the agency's
168	168	Internet website.
169	169	SECTION 2. Section 39.003(a), Education Code, is amended to
170	170	read as follows:
171	171	(a) The commissioner may authorize special investigations
172	172	to be conducted:
173	173	(1) when excessive numbers of absences of students
174	174	eligible to be tested on state assessment instruments are
175	175	determined;
176	176	(2) when excessive numbers of allowable exemptions
177	177	from the required state assessment instruments are determined;
178	178	(3) in response to complaints submitted to the agency
179	179	with respect to alleged violations of civil rights or other
180	180	requirements imposed on the state by federal law or court order;
181	181	(4) in response to established compliance reviews of
182	182	the district's financial accounting practices and state and federal
183	183	program requirements;
184	184	(5) when extraordinary numbers of student placements
185	185	in disciplinary alternative education programs, other than
186	186	placements under Sections 37.006 and 37.007, are determined;
187	187	(6) in response to an allegation involving a conflict
188	188	between members of the board of trustees or between the board and
189	189	the district administration if it appears that the conflict
190	190	involves a violation of a role or duty of the board members or the
191	191	administration clearly defined by this code;
192	192	(7) when excessive numbers of students in special
193	193	education programs under Subchapter A, Chapter 29, are assessed
194	194	through assessment instruments developed or adopted under Section
195	195	39.023(b);
196	196	(8) in response to an allegation regarding or an
197	197	analysis using a statistical method result indicating a possible
198	198	violation of an assessment instrument security procedure
199	199	established under Section 39.0301, including for the purpose of
200	200	investigating or auditing a school district under that section;
201	201	(9) when a significant pattern of decreased academic
202	202	performance has developed as a result of the promotion in the
203	203	preceding two school years of students who did not perform
204	204	satisfactorily as determined by the commissioner under Section
205	205	39.0241(a) on assessment instruments administered under Section
206	206	39.023(a), (c), or (l);
207	207	(10) when excessive numbers of students eligible to
208	208	enroll fail to complete an Algebra II course or any other advanced
209	209	course as determined by the commissioner;
210	210	(11) when resource allocation practices as evaluated
211	211	under Section 39.0821 indicate a potential for significant
212	212	improvement in resource allocation;
213	213	(12) when a disproportionate number of students of a
214	214	particular demographic group is graduating with a particular
215	215	endorsement under Section 28.025(c-1);
216	216	(13) when an excessive number of students is
217	217	graduating with a particular endorsement under Section
218	218	28.025(c-1);
219	219	(14) in response to a complaint submitted to the
220	220	agency with respect to alleged inaccurate data that is reported
221	221	through the Public Education Information Management System (PEIMS)
222	222	or through other reports required by state or federal law or rule or
223	223	court order and that is used by the agency to make a determination
224	224	relating to public school accountability, including accreditation,
225	225	under this chapter;
226	226	(15) when 10 percent or more of the students
227	227	graduating in a particular school year from a particular high
228	228	school campus are awarded a diploma based on the determination of an
229	229	individual graduation committee under Section 28.0258;
230	230	(16) when a school district for any reason fails to
231	231	produce, at the request of the agency, evidence or an investigation
232	232	report relating to an educator who is under investigation by the
233	233	State Board for Educator Certification; [or]
234	234	(17) by the office of inspector general for the
235	235	purpose of investigating complaints by parents of children enrolled
236	236	in public school; or
237	237	(18) as the commissioner otherwise determines
238	238	necessary.
239	239	SECTION 3. As soon as practicable after the effective date
240	240	of this Act, the governor shall appoint an inspector general under
241	241	Chapter 26A, Education Code, as added by this Act.
242	242	SECTION 4. This Act takes effect September 1, 2025.