89R7779 MEW-D
By: Patterson H.B. No. 1456
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the office of inspector general at the
Texas Education Agency to investigate complaints by parents of
children enrolled in public school.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle E, Title 2, Education Code, is amended
by adding Chapter 26A to read as follows:
CHAPTER 26A. OFFICE OF INSPECTOR GENERAL
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 26A.001. DEFINITION. In this chapter, "office" means
the office of inspector general established under this chapter.
Sec. 26A.002. OFFICE OF INSPECTOR GENERAL. (a) The office
of inspector general is established as a division within the
agency.
(b) The governor shall appoint an inspector general to serve
as director of the office. The inspector general serves until
removed by the governor.
(c) The agency shall provide staff and administrative
resources and support services as necessary to ensure
investigations authorized by this chapter are conducted
expeditiously.
SUBCHAPTER B. POWERS AND DUTIES
Sec. 26A.051. GENERAL RESPONSIBILITIES. (a) The office is
responsible for the investigation of complaints received from
parents of children enrolled in public school regarding issues
involving the agency, the State Board of Education, or a school
district or open-enrollment charter school.
(b) The office may:
(1) receive and investigate complaints from parents of
children enrolled in public school regarding unethical conduct or a
violation of state or federal law relating to public education or
agency procedure or policy by:
(A) the agency, the State Board of Education, or
a school district or open-enrollment charter school; or
(B) an employee of the agency, the State Board of
Education, or a school district or open-enrollment charter school;
(2) conduct special investigations authorized by the
commissioner under Section 39.003(a); and
(3) make findings of fact that the agency, the State
Board of Education, a school district, or an open-enrollment
charter school or an employee of the entity engaged in unethical
conduct or a violation of state or federal law and take appropriate
action as determined by the commissioner, regardless of any time
requirement relating to the action under Chapter 12 or 39A.
(c) The office shall perform all other duties and exercise
all other powers granted to the office by this chapter or other law.
Sec. 26A.052. GENERAL POWERS. (a) The office 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 or the governing body of an open-enrollment charter
school, the office may:
(1) attend any meeting or proceeding of the district
or school, 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, Government Code; and
(2) inspect the records, documents, and files of the
district or school, including any record, document, or file that is
not subject to public disclosure under Chapter 552, Government
Code, or other law.
(c) The office'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
unethical conduct or a violation of state or federal law. The
office 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, Government Code. A
record, document, or file made available to the office for purposes
of an investigation under this chapter is not subject to public
disclosure by the office.
Sec. 26A.053. INVESTIGATION OF UNREPORTED VIOLATIONS. If,
during the investigation of a complaint, the inspector general
discovers unreported unethical conduct or violations described by
Section 26A.051(b)(1), the inspector general shall open a new
investigation for each unreported occurrence of unethical conduct
or violation.
Sec. 26A.054. 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. 26A.055. COOPERATION WITH OTHER ENTITIES. The office
may refer matters for further civil and administrative action to
appropriate administrative agencies, including the attorney
general.
Sec. 26A.056. CONFIDENTIALITY. (a) Information received
by the office regarding a complaint is confidential and not subject
to disclosure under Chapter 552, Government Code. The office shall
maintain the information in a manner that preserves the
information's confidentiality.
(b) The disclosure of confidential information to the
office under this chapter does not constitute a waiver of
confidentiality. Any information disclosed to the office under this
chapter remains confidential and privileged following disclosure.
(c) This section does not prohibit the office from
communicating with the agency, the State Board of Education, or a
school district or open-enrollment charter school regarding
confidential information disclosed to the office by the agency,
board, district, or school.
Sec. 26A.057. RETALIATION PROHIBITED. (a) The agency, a
school district, or an open-enrollment charter school may not
retaliate against:
(1) a parent of a child enrolled in a school district
or open-enrollment charter school who in good faith makes a
complaint to the office;
(2) a child enrolled in a school district or
open-enrollment charter school whose parent in good faith makes a
complaint to the office; or
(3) any person, including an employee of the agency,
State Board of Education, district, or school, who in good faith
cooperates with the office in an investigation.
(b) The office shall collaborate with the agency to
establish consequences for a retaliatory action taken in violation
of this section.
Sec. 26A.058. ACCESS TO INFORMATION. The agency shall
provide the office access to the agency's records relating to a
complaint filed with the office under this chapter.
Sec. 26A.059. REPORTS. (a) The inspector general shall
issue and file with the agency a report that contains the inspector
general's final determinations regarding a complaint and any
recommended corrective actions to be taken as a result of the
complaint.
(b) Notwithstanding Section 26A.056, the inspector general
may make a report relating to an investigation of a complaint public
after the complaint is resolved. A report made public under this
subsection may not include information that identifies any person
involved in the complaint, including the complainant, a child, a
child's parent, or an employee of the agency, the State Board of
Education, a school district, or an open-enrollment charter school.
(c) Not later than December 1 of each year, the inspector
general shall prepare and submit to the agency and the State Board
of Education a report on the inspector general's work during the
preceding year. The report must include:
(1) a description of the inspector general's work;
(2) any change made by the agency in response to a
substantiated complaint;
(3) a description of any trends in the nature of
complaints received by the inspector general, any recommendations
related to addressing those trends, and an evaluation of the
feasibility of the inspector general's recommendations;
(4) a glossary of terms used in the report; and
(5) any public feedback received by the inspector
general relating to the inspector general's previous reports under
this subsection.
(d) On receipt of the report required under Subsection (c),
the agency shall make the report publicly available on the agency's
Internet website.
SECTION 2. 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 (l);
(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 office of inspector general for the
purpose of investigating complaints by parents of children enrolled
in public school; or
(18) as the commissioner otherwise determines
necessary.
SECTION 3. As soon as practicable after the effective date
of this Act, the governor shall appoint an inspector general under
Chapter 26A, Education Code, as added by this Act.
SECTION 4. This Act takes effect September 1, 2025.