By: Noble H.B. No. 3347
A BILL TO BE ENTITLED
AN ACT
relating to person not eligible for employment in public schools
and to measures to ensure publics schools do not employ those
persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 01. Section 21.006, Education Code, is amended to
read as follows:
(a) In this section:
(1) "Abuse" has the meaning assigned by Section
261.001, Family Code, and includes any sexual conduct involving an
educator and a student or minor.
(2) an "educational entity" is a school district,
district of innovation, open-enrollment charter school, other
charter entity, regional education service center, or shared
services arrangement.
(3) "Other charter entity" means:
(A) a school district operating under a home-rule
school district charter adopted under Subchapter B, Chapter 12;
(B) a campus or campus program operating under a
charter granted under Subchapter C, Chapter 12; and
(C) an entity that contracts to partner with a
school district under Section 11.174(a)(2) to operate a district
campus under a charter granted to the entity by the district under
Subchapter C, Chapter 12.
(b) In addition to the reporting requirement under Section
261.101, Family Code, and except as provided by Subsection (c-2),
the superintendent or director of an educational entity [a school
district, district of innovation, open-enrollment charter school,
other charter entity, regional education service center, or shared
services arrangement] shall notify the State Board for Educator
Certification if:
(1) an educator employed by or seeking employment by
the educational entity [school district, district of innovation,
charter school, other charter entity, service center, or shared
services arrangement] has a criminal record and the educational
entity [school district, district of innovation, charter school,
other charter entity, service center, or shared services
arrangement] obtained information about the educator's criminal
record by a means other than the criminal history clearinghouse
established under Section 411.0845, Government Code;
(2) an educator's employment at the educational entity
[school district, district of innovation, charter school, other
charter entity, service center, or shared services arrangement] was
terminated and there is evidence that the educator:
(A) abused or otherwise committed an unlawful act
with a student or minor;
(A-1) was involved in a romantic relationship
with or solicited or engaged in sexual contact with a student or
minor;
(A-2) had inappropriate communications with a
student or minor;
(A-3) failed to maintain appropriate boundaries
with a student or minor;
(A-4) committed physical mistreatment or
threatened violence to a student or minor though no actual injury
occurred to the student or minor;
(B) possessed, transferred, sold, or distributed
a controlled substance, as defined by Chapter 481, Health and
Safety Code, or by 21 U.S.C. Section 801 et seq.;
(C) illegally transferred, appropriated, or
expended funds or other property of the educational entity [school
district, district of innovation, charter school, other charter
entity, service center, or shared services arrangement];
(D) attempted by fraudulent or unauthorized
means to obtain or alter a professional certificate or license for
the purpose of promotion or additional compensation; or
(E) committed a criminal offense or any part of a
criminal offense on school property or at a school-sponsored event;
(3) the educator resigned and there is evidence that
the educator engaged in misconduct described by Subdivision (2);
[or]
(4) the educator engaged in conduct that violated the
assessment instrument security procedures established under
Section 39.0301; or
(5) there is evidence that an educator engaged in
conduct described by Subsections (b)(2)(A), (A-1), (A-2), (A-3) or
(A-4).
(b-1) A superintendent or director of an educational entity
[a school district, district of innovation, open-enrollment
charter school, other charter entity, regional education service
center, or shared services arrangement] shall complete an
investigation of an educator that involves evidence that the
educator may have engaged in misconduct described by Subsections
(b)(2)(A), [or] (A-1), (A-2), (A-3) or (A-4), despite the
educator's resignation from employment before completion of the
investigation.
(b-2) The principal of a school district, district of
innovation, open-enrollment charter school, or other charter
entity campus must notify the superintendent or director of the
school district, district of innovation, charter school, or other
charter entity not later:
(1) than the seventh business day after the date:
[(1)] (A) of an educator's termination of
employment or resignation following an alleged incident of
misconduct described by Subsection (b); or
[(2)] (B) the principal knew about an educator's
criminal record under Subsection (b)(1); or
(2) than 48 hours after knowledge of evidence of
misconduct under Subsections (b)(2)(A), (A-1), (A-2), (A-3) or
(A-4).
(c) Except as provided by Subsection (c-2), the
superintendent or director must notify the State Board for Educator
Certification by filing a report with the board not later:
(1) than the seventh business day after the date the
superintendent or director receives a report from a principal under
Subsection (b-2) or knew about an educator's termination of
employment or resignation following an alleged incident of
misconduct described by Subsection (b) or an employee's criminal
record under Subsection (b)(1); or
(2) than 48 hours after the superintendent or director
receives a report from a principal under Subsection (b-2) or know
about an alleged incident of misconduct described by Subsections
(b)(2)(A), (A-1), (A-2), (A-3) or (A-4).
(c-1) The report under Subsection (c):
(1) must be:
(A) in writing; and
(B) in a form prescribed by the board; and
(2) [may] must be filed through the
Internet portal developed and maintained under Section 22.095 [by
the State Board for Educator Certification under Subsection (g-1)].
(c-2) A superintendent or director of an educational entity
[a school district, district of innovation, open enrollment charter
school, regional education service center, or shared services
arrangement]is not required to notify the State Board for Educator
Certification or file a report with the board under Subsection (b)
or (c) if the superintendent or director[:
(1) completes an investigation into an educator's
alleged incident of misconduct described by Subsection (b)(2)(A) or
(A-1) before the educator's termination of employment or
resignation; and
(2) determines the educator did not engage in the
alleged incident of misconduct described by Subsection (b)(2)(A) or
(A-1);] has reasonable cause to believe that the educator subject
to a report under this section is deceased.
(d) The superintendent or director shall notify the board of
trustees or governing body of the educational entity [school
district, open-enrollment charter school, other charter entity,
regional education service center, or shared services arrangement]
and the educator of the filing of the report required by Subsection
(c).
(e) A superintendent, director, or principal of an
educational entity [a school district, district of innovation,
open-enrollment charter school, other charter entity, regional
education service center, or shared services arrangement]who in
good faith and while acting in an official capacity files a report
with the State Board for Educator Certification under this section
or communicates with another superintendent, director, or
principal concerning an educator's criminal record or alleged
incident of misconduct is immune from civil or criminal liability
that might otherwise be incurred or imposed.
[(g-1) The State Board for Educator Certification shall
develop and maintain an Internet portal through which a report
required under Subsection (c) may be confidentially and securely
filed.]
SECTION 02. Section 21.0062, Education Code, is amended to
read as follows:
(d) The chief administrative officer of the private school
must notify the State Board for Educator Certification by filing a
report with the board not later than:
(1) the seventh business day after the date the chief
administrative officer knew that a private school educator:
[(1)] (A) has a criminal record under Subsection
(b)(1); or
[(2)] (B) was terminated or resigned following
an alleged incident of misconduct described by Subsection (b)(2);
or
(2) 48 hours after the date the chief administrative
officer knew there was evidence of misconduct described by
Subsection (b)(2)(A), (A-1), (A-2), (A-3) or (A-4).
(e) The report filed under Subsection (d) must be:
(1) in writing; and
(2) in a form prescribed by the board;
(3) must be filed through the Internet portal
developed and maintained under Section 22.095.
SECTION 03. The heading to Section 21.058 is amended to read
as follows:
Sec. 21.058. DENIAL AND REVOCATION OF CERTIFICATE AND
TERMINATION OF EMPLOYMENT BASED ON CONVICTION OF OR PLACEMENT ON
DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN OFFENSES.
SECTION 04. Section 21.058, Education Code, is amended to
read as follows:
(a) The procedures described by Subsections (b) and (c)
apply only to:
(1) conviction of or placement on deferred
adjudication community supervision for an offense for:
(A) which a defendant is required to register as
a sex offender under Chapter 62, Code of Criminal Procedure;
(B) a felony offense under Chapter 43, Penal Code
(C) an offense under Section 21.12 or 43.24,
Penal Code; or
(D) a felony offense involving school property;
(2) conviction of a felony offense under Title 5,
Penal Code[, if the victim of the offense was under 18 years of age
at the time the offense was committed]; or
(3) an offense under the laws of another state or
federal law that is equivalent to an offense under Subdivision (1)
or (2) [conviction of or placement on deferred adjudication
community supervision for an offense under Section 43.24, Penal
Code].
[(d) A person whose certificate is revoked under Subsection
(b) may reapply for a certificate in accordance with board rules.]
(f) The State Board for Educator Certification may not grant
a certification under this subchapter to a person for whom
Subsection (a) applies.
(g) A school district may not grant a certification under
this subchapter to a person for whom Subsection (a) applies.
SECTION 05. Section 21.062, Education Code, is amended to
read as follows:
(a) During an investigation by the commissioner of an
educator for an alleged incident of misconduct, the commissioner
may issue a subpoena to compel:
(1) the attendance of a relevant witness; or
(2) the production[, for inspection or copying,] of
relevant evidence that is located in this state.
(b) A subpoena may be served personally, [or] by certified
mail, or electronically.
(f) Unless authorized by the commissioner, responses to
subpoenas issued under Subsection (a)(2) must submitted through the
Internet portal developed and maintained under Section 22.095.
SECTION 06. Subchapter B, Chapter 21, Education Code, is
amended by adding Section 21.066 to read as follows:
Sec. 21.066. CONFIDENTIALITY. (a) Unless required by law,
any complaint, statement, recording, note, file, record, memo, or
report that is received, obtained, or created by the board relating
to the review or investigation of allegations involving a person
who is an applicant or holder of a certificate or permit issued by
the board is confidential and not subject to disclosure under
Chapter 552, Government Code.
(b) Subsection (a) does not prohibit the release of
information described under Subsection (a):
1) to provide a report as required under Subchapter B,
Chapter 21 or Subchapter C-1, Chapter 22; or
2) in connection with an administrative or other legal
proceeding brought under Chapter 2001 of the Government Code.
SECTION 07. Section 22.085, Education Code, is amended to
read as follows:
Sec. 22.085. EMPLOYEES AND APPLICANTS CONVICTED OF OR
PLACED ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN
OFFENSES. (a) [A school district, open-enrollment charter school,
or shared services arrangement] An educational entity shall
discharge or refuse to hire an employee or applicant for employment
if the district, school, or shared services arrangement obtains
information through a criminal history record information review
that the employee or applicant has a criminal history record that
meets the conditions under Section 21.058(a) [been:
(1) convicted of or placed on deferred adjudication
community supervision for an offense for which a defendant is
required to register as a sex offender under Chapter 62, Code of
Criminal Procedure; or
(2) convicted of:
(A) a felony offense under Title 5, Penal Code,
if the victim of the offense was under 18 years of age at the time
the offense was committed; or
(B) an offense under the laws of another state or
federal law that is equivalent to an offense under Subdivision (1)
or Paragraph (A)].
SECTION 08. Section 22.091, Education Code is amended to
read as follows:
Sec. 22.091. DEFINITION. In this [subchapter,] chapter:
(1) "educational entity" has the meaning assigned by
Section 21.006;
(2) "other charter entity" has the meaning assigned by
Section 21.006; and
(3) a person who provides services to an educational
entity includes:
(A) a contractor of an educational entity or
subcontractor of a contractor for an educational entity;
(B) a provider of tutoring services for an
educational entity;
(C) entities that have entered into a contract to
operate a school district campus under Section 11.174; and
(D) a staffing or service provider for an
educational entity; and
(E) a person employed by or under the control of
an entity described by Paragraph (A)-(D).
SECTION 09. Section 22.092, Education Code, is amended to
read as follows:
Sec. 22.092. REGISTRY OF PERSONS NOT ELIGIBLE FOR
EMPLOYMENT IN PUBLIC SCHOOLS. (a) The agency shall maintain and
make available through the Internet portal developed and maintained
by the agency under Section 22.095 a registry of persons who are not
eligible to be employed by an educational entity [a school
district, district of innovation, open-enrollment charter school,
other charter entity, regional education service center, or shared
services arrangement].
(b) [A school district, district of innovation,
open-enrollment charter school, other charter entity, regional
education service center, or shared services arrangement] An
educational entity shall discharge or refuse to hire a person
listed on the registry maintained under this section.
(b-1) An educational entity may not allow a person who is
listed on the registry maintained under this section to provide
services for the educational entity or be present at a sponsored
event of an educational entity.
(c) The registry maintained under this section must list the
following persons as not eligible to be employed by public schools:
(1) a person determined by the agency under Section
22.0832 as a person who would not be eligible for educator
certification under Subchapter B, Chapter 21;
(2) a person determined by the agency to be not
eligible for employment based on the person's criminal history
record information review, as provided by Section 22.0833;
(3) a person who is not eligible for employment based
on criminal history record information received by the agency under
Section 21.058(b);
(4) except as provided by (c-1), a person whose
certification or permit issued under Subchapter B, Chapter 21, is
revoked or whose application for certification or permit under that
subchapter is denied by the State Board for Educator Certification
[on a finding that the person engaged in misconduct described by
Section 21.006(b)(2)(A) or (A-1)]; [and]
(5) a person who is determined by the commissioner
under Section 22.094 to have engaged in misconduct described by
Section 21.006(b)(2)(A) and (A-1); [22.093(c)(1)(A) or (B)]
(6) a person who is determined by the commissioner
under Section 22.094 to have engaged in misconduct described by
Section 21.006(b)(2)(A-2), (A-3), or (A-4) for the term designated
by the order; and
(7) except as provided by Subsection (c-2), a person
whose certification has been suspended by the State Board of
Educator Certification for the term of that suspension.
(c-1) Subsection (c)(4) does not apply if the person
receives a certification by the State Board for Educator
Certification subsequent to the revocation.
(c-2) Subsection (c)(6) does not apply to a suspension based
solely on Sections 21.105(c), 21.160(c), and 21.210(c).
(d) The agency shall provide equivalent access to the
registry maintained under this section to:
(1) private schools;
(2) [public schools] educational entities; [and]
(3) nonprofit teacher organizations approved by the
commissioner for the purpose of participating in the tutoring
program established under Section 33.913;
(4) entities that have entered into a contract to
operate a school district campus under Section 11.174; and
(5) persons who provide services to educational
entities authorized by an educational entity to access the
registry.
(e) The registry maintained under this section must
indicate if the listing is subject to expiration. A prohibition
that applies to a person listed on the registry no longer applies if
the term has expired and the person's certification is reinstated.
(f) Each school year, the superintendent of a school
district or chief operating officer of an open-enrollment charter
school shall certify to the commissioner that the district or
school has complied with this section. If possible, the agency
shall consolidate the certification under this subsection with
other reporting or certifications.
(h) If there is evidence that a person engaged in conduct
referenced in Section 21.006(b)(2)(A), (A-1), (A-2), (A-3), or
(A-4), the State Board for Educator Certification may not accept
the voluntary surrender of any certification or permit issued under
Subchapter B, Chapter 21, unless the individual agrees to placement
on the registry
(i) The agency shall adopt rules as necessary to implement
this section.
SECTION 10. Section 21.009, Education Code, is moved to
Subchapter C-1, Chapter 22, Education Code, redesignated as Sec.
22.0921 and amended to read as follows:
Sec. 22.0921 21.009. PRE-EMPLOYMENT AFFIDAVIT. (a) An
applicant for employment by an educational entity [a position
described by Section 21.003(a) or (b) with a school district,
district of innovation, open-enrollment charter school, private
school, regional education service center, or shared services
arrangement] must submit, using a form adopted by the agency, a
pre-employment affidavit disclosing whether the applicant has ever
been:
(i) investigated by a law enforcement or a protective agency
for, charged with, adjudicated for, or convicted of having engaged
in conduct described in Section 21.006(b)(2)(A), (A-1), (A-2),
(A-3), or (A-4); or [an inappropriate relationship with a minor.]
(ii) investigated by a licensing authority or had a license,
certificate, or permit revoked, denied, suspended, or subject to
any other sanction in Texas or any other state for conduct
referenced in Section 21.006(b)(2)(A), (A-1), (A-2), (A-3), or
(A-4).
(b) An applicant who answers affirmatively for an item under
Subsection (a) [concerning an inappropriate relationship with a
minor] must disclose in the affidavit all relevant facts known by
the applicant pertaining to the matter [charge, adjudication, or
conviction, including, for a charge], including whether the
allegations were [charge was] determined to be true or false.
(c) An applicant is not precluded from being employed based
on a disclosed allegations [charge] if the employing entity
determines based on the information disclosed in the affidavit that
the allegations were [charge was] false.
(d) A determination that an employee failed to disclose
information required to be disclosed by an applicant under this
section is grounds for termination of employment.
(e) Failure to make a required disclosure under Subsection
(a) is a class B misdemeanor
(f) The State Board for Educator Certification may revoke
the certificate of an administrator if the board determines it is
reasonable to believe that the administrator employed an applicant
[for a position described by Section 21.003(a) or (b)] despite
being aware that the applicant knowingly failed to disclose
information required by Subsection (a) [had been adjudicated for or
convicted of having an inappropriate relationship with a minor].
SECTION 11. Section 22.093, Education Code, is amended to
read as follows:
Sec. 22.093. REQUIREMENT TO REPORT EMPLOYEE MISCONDUCT.
(a) In this section, "abuse" has the meaning assigned by Section
261.001, Family Code, and includes any sexual conduct involving a
student or minor.
(b) This section applies to a person:
(1) who is employed by an educational entity [a school
district, district of innovation, open-enrollment charter school,
other charter entity, regional education service center, or shared
services arrangement] and who does not hold a certification or
permit issued under Subchapter B, Chapter 21; or
(2) who is not described by Subdivision (1) and who
provides services for an educational entity and has or will have
direct contact with students.
(c) In addition to the reporting requirement under Section
261.101, Family Code, the superintendent or director of an
educational entity [a school district, district of innovation,
open-enrollment charter school, other charter entity, regional
education service center, or shared services arrangement] shall
notify the commissioner if:
(1) [an employee's employment at the school district,
district of innovation, charter school, other charter entity,
service center, or shared services arrangement was terminated and]
there is evidence that a person described by Subsection (b) engaged
in misconduct described by Section 21.006(b)(2)(A), (A-1), (A-2),
(A-3), or (A-4); or [the employee:
(A) abused or otherwise committed an unlawful act
with a student or minor; or
(B) was involved in a romantic relationship with
or solicited or engaged in sexual contact with a student or minor;]
(2) the superintendent or director obtained
information about the educator's criminal record related to conduct
described by Section 21.006(b)(2)(A), (A-1), (A-2), (A-3), or (A-4)
[the employee resigned or and there is evidence that the employee
engaged in misconduct described by Subdivision (1)].
(d) A superintendent or director of an educational entity [a
school district, district of innovation, open-enrollment charter
school, other charter entity, regional education service center, or
shared services arrangement
person described by Subsection (b) [an employee] that involves
evidence that the person [employee] may have engaged in misconduct
described by Section 21.006(b)(2)(A) and (A-1), (A-2), (A-3) or
(A-4) [Subsection (c)(1)(A) or (B)], despite the [employee's]
person's termination, resignation from employment, or cessation of
services for the educational entity [before completion of the
investigation].
(e) The principal of a school in an educational entity [a
school district, district of innovation, open-enrollment charter
school, other charter entity, regional education service center, or
shared services arrangement
director of the educational entity [school district, district of
innovation, charter school, or other charter entity not later than
48 hours after knowledge of evidence of misconduct under Section
21.006(b)(2)(A), (A-1), (A-2), (A-3), (A-4) [the seventh business
day after the date of an employee's termination of employment or
resignation following an alleged incident of misconduct described
by Subsection (c)(1)(A) or (B)].
(f) The superintendent or director must notify the
commissioner by filing a report with the commissioner not later
than 48 hours [the seventh business day] after the date the
superintendent or director [receives a report from a principal
under Subsection (e) or] knew about an [employee's termination of
employment or resignation following an] alleged incident of
misconduct described by Section 21.006(b)(2)(A), (A-1), (A-2),
(A-3), or (A-4), [Subsection (c)(1)(A) or (B)] unless the
superintendent or director has reasonable cause to believe that the
person subject to a report under this section is deceased. The
report must be:
(1) in writing; [and]
(2) in a form prescribed by the commissioner;
(3) must be filed through the Internet portal
developed and maintained under Section 22.095.
(g) The superintendent or director shall notify the board of
trustees or governing body of the educational entity [a school
district, district of innovation, open-enrollment charter school,
other charter entity, regional education service center, or shared
services arrangement
the report required by Subsection (f).
(k) A superintendent or director required to file a report
under Subsection (f) commits an offense if the superintendent or
director fails to file the report by the date required by that
subsection with intent to conceal [an employee's] a person's
criminal record or alleged incident of misconduct. A principal
required to notify a superintendent or director about [an
employee's] a person's alleged incident of misconduct under
Subsection (e) commits an offense if the principal fails to provide
the notice by the date required by that subsection with intent to
conceal [an employee's] a person's alleged incident of misconduct.
An offense under this subsection is a state jail felony.
(l) The commissioner may review the records of an
educational entity [a school district, district of innovation,
open-enrollment charter school, other charter entity, regional
education service center, or shared services arrangement
compliance with the requirement to report misconduct under this
section.
SECTION 12. Section 22.094, Education Code is amended to
read as follows:
Sec. 22.094. NOTICE OF ALLEGED MISCONDUCT; INVESTIGATION;
HEARING. (a) A person described by Section 22.093(b) [and who is
the subject of a report that alleges misconduct described by
Section 22.093(c)(1)(A) or (B) or who is identified as having
engaged in that misconduct using the interagency reportable conduct
search engine established under Chapter 810, Health and Safety
Code,] is entitled to a hearing on the merits of the allegations of
misconduct under the procedures provided by Chapter 2001,
Government Code, to contest the allegation [in the report or search
engine] if that person is:
(1) subject of a report that alleges misconduct
described by Section 21.006(b)(2);
(2) identified as having engaged in that misconduct
using the interagency reportable conduct search engine established
under Chapter 810, Health and Safety Code; or
(3) not certified under Subchapter B, Chapter 21, and
is the subject of a complaint filed with the agency.
(b) On receiving a report filed under Section 22.093(f) or
making an identification described by Subsection (a), the
commissioner shall promptly send to the person who is the subject of
the report or identification a notice that includes:
(1) a statement informing the person that the person
must request a hearing on the merits of the allegations of
misconduct within the period provided by Subsection (c);
(2) a request that the person submit a written
response within the period provided by Subsection (c) to show cause
why the commissioner should not pursue an investigation; and
(3) a statement informing the person that if the
person does not timely submit a written response to show cause as
provided by Subdivision (2), the agency shall provide information
indicating the person is under investigation in the manner provided
by Subsection (d).
(c) A person entitled to a hearing under Subsection (a) must
request a hearing and submit a written response to show cause not
later than the 10th day after the date the person receives the
notice from the commissioner provided under Subsection (b).
(d) If a person who receives notice provided under
Subsection (b) does not timely submit a written response to show
cause why the commissioner should not pursue an investigation, the
commissioner shall instruct the agency to make available through
the Internet portal developed and maintained by the agency under
Section 22.095 information indicating that the person is under
investigation for alleged misconduct.
(e) If a person entitled to a hearing under Subsection (a)
does not request a hearing as provided by Subsection (c), the
commissioner shall:
(1) based on the report filed under Section 22.093(f)
or the identification described by Subsection (a), make a
determination whether the person engaged in misconduct; and
(2) if the commissioner determines that the person
engaged in misconduct described by Section 21.006(b)(2)(A), (A-1),
(A-2), (A-3), or (A-4), [22.093(c)(1)(A) or (B)], instruct the
agency to add the person's name to the registry maintained under
Section 22.092.
(f) If a person entitled to a hearing under Subsection (a)
requests a hearing as provided by Subsection (c) and the final
decision in that hearing determines that the person engaged in
misconduct described by Section 21.006(b)(2)(A), (A-1), (A-2),
(A-3), or (A-4), [22.093(c)(1)(A) or (B)], the commissioner shall
instruct the agency to add the person's name to the registry
maintained under Section 22.092.
(g) If a person entitled to a hearing under Subsection (a)
requests a hearing as provided by Subsection (c) and the final
decision in that hearing determines that the person did not engage
in misconduct described by Section 21.006(b)(2)(A), (A-1), (A-2),
(A-3), or (A-4), [22.093(c)(1)(A) or (B)], the commissioner shall
instruct the agency to immediately remove from the Internet portal
developed and maintained by the agency under Section 22.095 the
information indicating that the person is under investigation for
alleged misconduct.
(h) The commissioner shall adopt rules as necessary to
implement this section. The commissioner shall follow sanction
guidelines adopted by the State Board for Educator Certification
for misconduct described by Section 21.006(b)(2)(A-2), (A-3), or
(A-4).
SECTION 13. Subchapter C-1, Chapter 22, Education Code, is
amended by adding Section 22.0941 to read as follows:
Sec. 22.0941. PLACEMENT ON REGISTRY OF INDIVIDUALS UNDER
INVESTIGATION BY THE STATE BOARD FOR EDUCATOR CERTIFICATION. For
any person the State Board for Educator Certification assigns a
notice of an alleged incident of misconduct on the public
certification records of that person under Section 21.007, the
agency shall indicate on the registry under Section 22.092 that the
person is under investigation for alleged misconduct.
SECTION 14. Section 22.095, Education Code, is amended to
read as follows:
Sec. 22.095. INTERNET PORTAL. The agency shall develop and
maintain an Internet portal through which:
(1) a report required under Sections [Section] 21.006,
21.0062, 22.093[(f)] may be confidentially and securely filed;
[and]
(2) complies with requirements adopted by the State Board
for Educator Certification for filing reports under Sections 21.006
and 21.0062;
(3) the agency makes available:
(A) the registry of persons who are not eligible to be
employed in public schools as described by Section 22.092; and
(B) information indicating that a person is under
investigation for alleged misconduct in accordance with Section
22.094(d), provided that the agency must provide the information
through a procedure other than the registry described under
Paragraph (A).
SECTION 15. Section 22.096, Education Code is amended to
read as follows:
Sec. 22.096. COMPLIANCE MONITORING. (a) The agency shall
periodically [conduct site visits and] review the records of
educational entities [school districts, districts of innovation,
open-enrollment charter schools, other charter entities, regional
education service centers, and shared services arrangements] to
ensure compliance with Section 22.092(b).
(b) The agency shall review investigations conducted by
educational entities involving allegations of misconduct described
by Section 21.006(b)(2)(A), (A-1), (A-2), (A-3), or (A-4) to ensure
they are conducted with appropriate investigative protocols,
including when done in cooperation with law enforcement or the
Department of Family and Protective Services as described in
Section 38.004. If the agency determines that appropriate
investigative protocols are not followed, the agency may pursue
actions under Section 39.003. The agency may investigate the
allegations directly.
SECTION 14. Subchapter C-1, Chapter 22, Education Code, is
amended by adding Section 22.097 to read as follows:
Sec. 22.097. REPORTING TO LAW ENFORCEMENT. (a) If an
allegation has not already been reviewed by law enforcement, the
agency shall refer all cases to law enforcement that have resulted
in placement on the registry under Section 22.092.
(b) The agency may refer any case, at any time, to law
enforcement if the agency believes there is evidence of criminal
conduct.
(c) The agency shall maintain a record of all referrals to
law enforcement.
SECTION 16. Subchapter C-1, Chapter 22, Education Code, is
amended by adding Section 22.098 to read as follows:
Sec. 22.098. CONFIDENTIALITY. (a) Unless required by law,
any complaint, statement, recording, note, file, record, memo, or
report that is received, obtained, or created by the agency
relating to the review or investigation of allegations involving a
person to be placed on the registry under this subchapter is
confidential and not subject to disclosure under Chapter 552,
Government Code.
(b) Subsection (a) does not prohibit the release of
information described under Subsection (a):
1) to provide a report as required under Subchapter B,
Chapter 21 or Subchapter C-1, Chapter 22, or
2) in connection with an administrative or other legal
proceeding brought under Chapter 2001 of the Government Code.
SECTION 17. Subchapter C-1, Chapter 22, Education Code, is
amended by adding Section 22.099 to read as follows:
Sec. 22.099. REQUIRED MISCONDUCT REPORTING. The agency
shall, on a quarterly basis, report data regarding educator and
other personnel misconduct under this chapter and Chapter 21. The
report shall be made available on the agency's website and include
information by misconduct type.
SECTION 18. Section 39.003, 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:
(A) produce, at the request of the agency,
evidence or an investigation report relating to an educator or
individual who is under investigation by the State Board for
Educator Certification or the agency; or
(B) timely submit a report relating to a person
who should have been reported to the State Board for Educator
Certification or the agency; or
(17) as the commissioner otherwise determines
necessary.
SECTION 19. Section 261.308, Family Code, is amended by
adding subsection (f) to read as follows:
(f) Release of completed reports to the Texas Education
Agency or the State Board for Educator Certification shall be
submitted through the Internet portal developed and maintained
under Section 22.095, Education Code.
SECTION 20. Changes implemented by Section 22.094(c)(6)
apply to board actions taken on or after September 1, 2025.
SECTION 21. 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 September 1, 2025.