Texas 2025 - 89th Regular

Texas House Bill HB3347 Compare Versions

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1	1		By: Noble H.B. No. 3347
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to person not eligible for employment in public schools
7	9		and to measures to ensure publics schools do not employ those
8	10		persons.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 01. Section 21.006, Education Code, is amended to
11	13		read as follows:
12	14		(a) In this section:
13	15		(1) "Abuse" has the meaning assigned by Section
14	16		261.001, Family Code, and includes any sexual conduct involving an
15	17		educator and a student or minor.
16	18		(2) an "educational entity" is a school district,
17	19		district of innovation, open-enrollment charter school, other
18	20		charter entity, regional education service center, or shared
19	21		services arrangement.
20	22		(3) "Other charter entity" means:
21	23		(A) a school district operating under a home-rule
22	24		school district charter adopted under Subchapter B, Chapter 12;
23	25		(B) a campus or campus program operating under a
24	26		charter granted under Subchapter C, Chapter 12; and
25	27		(C) an entity that contracts to partner with a
26	28		school district under Section 11.174(a)(2) to operate a district
27	29		campus under a charter granted to the entity by the district under
28	30		Subchapter C, Chapter 12.
29	31		(b) In addition to the reporting requirement under Section
30	32		261.101, Family Code, and except as provided by Subsection (c-2),
31	33		the superintendent or director of an educational entity [a school
32	34		district, district of innovation, open-enrollment charter school,
33	35		other charter entity, regional education service center, or shared
34	36		services arrangement] shall notify the State Board for Educator
35	37		Certification if:
36	38		(1) an educator employed by or seeking employment by
37	39		the educational entity [school district, district of innovation,
38	40		charter school, other charter entity, service center, or shared
39	41		services arrangement] has a criminal record and the educational
40	42		entity [school district, district of innovation, charter school,
41	43		other charter entity, service center, or shared services
42	44		arrangement] obtained information about the educator's criminal
43	45		record by a means other than the criminal history clearinghouse
44	46		established under Section 411.0845, Government Code;
45	47		(2) an educator's employment at the educational entity
46	48		[school district, district of innovation, charter school, other
47	49		charter entity, service center, or shared services arrangement] was
48	50		terminated and there is evidence that the educator:
49	51		(A) abused or otherwise committed an unlawful act
50	52		with a student or minor;
51	53		(A-1) was involved in a romantic relationship
52	54		with or solicited or engaged in sexual contact with a student or
53	55		minor;
54	56		(A-2) had inappropriate communications with a
55	57		student or minor;
56	58		(A-3) failed to maintain appropriate boundaries
57	59		with a student or minor;
58	60		(A-4) committed physical mistreatment or
59	61		threatened violence to a student or minor though no actual injury
60	62		occurred to the student or minor;
61	63		(B) possessed, transferred, sold, or distributed
62	64		a controlled substance, as defined by Chapter 481, Health and
63	65		Safety Code, or by 21 U.S.C. Section 801 et seq.;
64	66		(C) illegally transferred, appropriated, or
65	67		expended funds or other property of the educational entity [school
66	68		district, district of innovation, charter school, other charter
67	69		entity, service center, or shared services arrangement];
68	70		(D) attempted by fraudulent or unauthorized
69	71		means to obtain or alter a professional certificate or license for
70	72		the purpose of promotion or additional compensation; or
71	73		(E) committed a criminal offense or any part of a
72	74		criminal offense on school property or at a school-sponsored event;
73	75		(3) the educator resigned and there is evidence that
74	76		the educator engaged in misconduct described by Subdivision (2);
75	77		[or]
76	78		(4) the educator engaged in conduct that violated the
77	79		assessment instrument security procedures established under
78	80		Section 39.0301; or
79	81		(5) there is evidence that an educator engaged in
80	82		conduct described by Subsections (b)(2)(A), (A-1), (A-2), (A-3) or
81	83		(A-4).
82	84		(b-1) A superintendent or director of an educational entity
83	85		[a school district, district of innovation, open-enrollment
84	86		charter school, other charter entity, regional education service
85	87		center, or shared services arrangement] shall complete an
86	88		investigation of an educator that involves evidence that the
87	89		educator may have engaged in misconduct described by Subsections
88	90		(b)(2)(A), [or] (A-1), (A-2), (A-3) or (A-4), despite the
89	91		educator's resignation from employment before completion of the
90	92		investigation.
91	93		(b-2) The principal of a school district, district of
92	94		innovation, open-enrollment charter school, or other charter
93	95		entity campus must notify the superintendent or director of the
94	96		school district, district of innovation, charter school, or other
95	97		charter entity not later:
96	98		(1) than the seventh business day after the date:
97	99		[(1)] (A) of an educator's termination of
98	100		employment or resignation following an alleged incident of
99	101		misconduct described by Subsection (b); or
100	102		[(2)] (B) the principal knew about an educator's
101	103		criminal record under Subsection (b)(1); or
102	104		(2) than 48 hours after knowledge of evidence of
103	105		misconduct under Subsections (b)(2)(A), (A-1), (A-2), (A-3) or
104	106		(A-4).
105	107		(c) Except as provided by Subsection (c-2), the
106	108		superintendent or director must notify the State Board for Educator
107	109		Certification by filing a report with the board not later:
108	110		(1) than the seventh business day after the date the
109	111		superintendent or director receives a report from a principal under
110	112		Subsection (b-2) or knew about an educator's termination of
111	113		employment or resignation following an alleged incident of
112	114		misconduct described by Subsection (b) or an employee's criminal
113	115		record under Subsection (b)(1); or
114	116		(2) than 48 hours after the superintendent or director
115	117		receives a report from a principal under Subsection (b-2) or know
116	118		about an alleged incident of misconduct described by Subsections
117	119		(b)(2)(A), (A-1), (A-2), (A-3) or (A-4).
118	120		(c-1) The report under Subsection (c):
119	121		(1) must be:
120	122		(A) in writing; and
121	123		(B) in a form prescribed by the board; and
122	124		(2) [may] must be filed through the
123	125		Internet portal developed and maintained under Section 22.095 [by
124	126		the State Board for Educator Certification under Subsection (g-1)].
125	127		(c-2) A superintendent or director of an educational entity
126	128		[a school district, district of innovation, open enrollment charter
127	129		school, regional education service center, or shared services
128	130		arrangement]is not required to notify the State Board for Educator
129	131		Certification or file a report with the board under Subsection (b)
130	132		or (c) if the superintendent or director[:
131	133		(1) completes an investigation into an educator's
132	134		alleged incident of misconduct described by Subsection (b)(2)(A) or
133	135		(A-1) before the educator's termination of employment or
134	136		resignation; and
135	137		(2) determines the educator did not engage in the
136	138		alleged incident of misconduct described by Subsection (b)(2)(A) or
137	139		(A-1);] has reasonable cause to believe that the educator subject
138	140		to a report under this section is deceased.
139	141		(d) The superintendent or director shall notify the board of
140	142		trustees or governing body of the educational entity [school
141	143		district, open-enrollment charter school, other charter entity,
142	144		regional education service center, or shared services arrangement]
143	145		and the educator of the filing of the report required by Subsection
144	146		(c).
145	147		(e) A superintendent, director, or principal of an
146	148		educational entity [a school district, district of innovation,
147	149		open-enrollment charter school, other charter entity, regional
148	150		education service center, or shared services arrangement]who in
149	151		good faith and while acting in an official capacity files a report
150	152		with the State Board for Educator Certification under this section
151	153		or communicates with another superintendent, director, or
152	154		principal concerning an educator's criminal record or alleged
153	155		incident of misconduct is immune from civil or criminal liability
154	156		that might otherwise be incurred or imposed.
155	157		[(g-1) The State Board for Educator Certification shall
156	158		develop and maintain an Internet portal through which a report
157	159		required under Subsection (c) may be confidentially and securely
158	160		filed.]
159	161		SECTION 02. Section 21.0062, Education Code, is amended to
160	162		read as follows:
161	163		(d) The chief administrative officer of the private school
162	164		must notify the State Board for Educator Certification by filing a
163	165		report with the board not later than:
164	166		(1) the seventh business day after the date the chief
165	167		administrative officer knew that a private school educator:
166	168		[(1)] (A) has a criminal record under Subsection
167	169		(b)(1); or
168	170		[(2)] (B) was terminated or resigned following
169	171		an alleged incident of misconduct described by Subsection (b)(2);
170	172		or
171	173		(2) 48 hours after the date the chief administrative
172	174		officer knew there was evidence of misconduct described by
173	175		Subsection (b)(2)(A), (A-1), (A-2), (A-3) or (A-4).
174	176		(e) The report filed under Subsection (d) must be:
175	177		(1) in writing; and
176	178		(2) in a form prescribed by the board;
177	179		(3) must be filed through the Internet portal
178	180		developed and maintained under Section 22.095.
179	181		SECTION 03. The heading to Section 21.058 is amended to read
180	182		as follows:
181	183		Sec. 21.058. DENIAL AND REVOCATION OF CERTIFICATE AND
182	184		TERMINATION OF EMPLOYMENT BASED ON CONVICTION OF OR PLACEMENT ON
183	185		DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN OFFENSES.
184	186		SECTION 04. Section 21.058, Education Code, is amended to
185	187		read as follows:
186	188		(a) The procedures described by Subsections (b) and (c)
187	189		apply only to:
188	190		(1) conviction of or placement on deferred
189	191		adjudication community supervision for an offense for:
190	192		(A) which a defendant is required to register as
191	193		a sex offender under Chapter 62, Code of Criminal Procedure;
192	194		(B) a felony offense under Chapter 43, Penal Code
193	195		(C) an offense under Section 21.12 or 43.24,
194	196		Penal Code; or
195	197		(D) a felony offense involving school property;
196	198		(2) conviction of a felony offense under Title 5,
197	199		Penal Code[, if the victim of the offense was under 18 years of age
198	200		at the time the offense was committed]; or
199	201		(3) an offense under the laws of another state or
200	202		federal law that is equivalent to an offense under Subdivision (1)
201	203		or (2) [conviction of or placement on deferred adjudication
202	204		community supervision for an offense under Section 43.24, Penal
203	205		Code].
204	206		[(d) A person whose certificate is revoked under Subsection
205	207		(b) may reapply for a certificate in accordance with board rules.]
206	208		(f) The State Board for Educator Certification may not grant
207	209		a certification under this subchapter to a person for whom
208	210		Subsection (a) applies.
209	211		(g) A school district may not grant a certification under
210	212		this subchapter to a person for whom Subsection (a) applies.
211	213		SECTION 05. Section 21.062, Education Code, is amended to
212	214		read as follows:
213	215		(a) During an investigation by the commissioner of an
214	216		educator for an alleged incident of misconduct, the commissioner
215	217		may issue a subpoena to compel:
216	218		(1) the attendance of a relevant witness; or
217	219		(2) the production[, for inspection or copying,] of
218	220		relevant evidence that is located in this state.
219	221		(b) A subpoena may be served personally, [or] by certified
220	222		mail, or electronically.
221	223		(f) Unless authorized by the commissioner, responses to
222	224		subpoenas issued under Subsection (a)(2) must submitted through the
223	225		Internet portal developed and maintained under Section 22.095.
224	226		SECTION 06. Subchapter B, Chapter 21, Education Code, is
225	227		amended by adding Section 21.066 to read as follows:
226	228		Sec. 21.066. CONFIDENTIALITY. (a) Unless required by law,
227	229		any complaint, statement, recording, note, file, record, memo, or
228	230		report that is received, obtained, or created by the board relating
229	231		to the review or investigation of allegations involving a person
230	232		who is an applicant or holder of a certificate or permit issued by
231	233		the board is confidential and not subject to disclosure under
232	234		Chapter 552, Government Code.
233	235		(b) Subsection (a) does not prohibit the release of
234	236		information described under Subsection (a):
235	237		1) to provide a report as required under Subchapter B,
236	238		Chapter 21 or Subchapter C-1, Chapter 22; or
237	239		2) in connection with an administrative or other legal
238	240		proceeding brought under Chapter 2001 of the Government Code.
239	241		SECTION 07. Section 22.085, Education Code, is amended to
240	242		read as follows:
241	243		Sec. 22.085. EMPLOYEES AND APPLICANTS CONVICTED OF OR
242	244		PLACED ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN
243	245		OFFENSES. (a) [A school district, open-enrollment charter school,
244	246		or shared services arrangement] An educational entity shall
245	247		discharge or refuse to hire an employee or applicant for employment
246	248		if the district, school, or shared services arrangement obtains
247	249		information through a criminal history record information review
248	250		that the employee or applicant has a criminal history record that
249	251		meets the conditions under Section 21.058(a) [been:
250	252		(1) convicted of or placed on deferred adjudication
251	253		community supervision for an offense for which a defendant is
252	254		required to register as a sex offender under Chapter 62, Code of
253	255		Criminal Procedure; or
254	256		(2) convicted of:
255	257		(A) a felony offense under Title 5, Penal Code,
256	258		if the victim of the offense was under 18 years of age at the time
257	259		the offense was committed; or
258	260		(B) an offense under the laws of another state or
259	261		federal law that is equivalent to an offense under Subdivision (1)
260	262		or Paragraph (A)].
261	263		SECTION 08. Section 22.091, Education Code is amended to
262	264		read as follows:
263	265		Sec. 22.091. DEFINITION. In this [subchapter,] chapter:
264	266		(1) "educational entity" has the meaning assigned by
265	267		Section 21.006;
266	268		(2) "other charter entity" has the meaning assigned by
267	269		Section 21.006; and
268	270		(3) a person who provides services to an educational
269	271		entity includes:
270	272		(A) a contractor of an educational entity or
271	273		subcontractor of a contractor for an educational entity;
272	274		(B) a provider of tutoring services for an
273	275		educational entity;
274	276		(C) entities that have entered into a contract to
275	277		operate a school district campus under Section 11.174; and
276	278		(D) a staffing or service provider for an
277	279		educational entity; and
278	280		(E) a person employed by or under the control of
279	281		an entity described by Paragraph (A)-(D).
280	282		SECTION 09. Section 22.092, Education Code, is amended to
281	283		read as follows:
282	284		Sec. 22.092. REGISTRY OF PERSONS NOT ELIGIBLE FOR
283	285		EMPLOYMENT IN PUBLIC SCHOOLS. (a) The agency shall maintain and
284	286		make available through the Internet portal developed and maintained
285	287		by the agency under Section 22.095 a registry of persons who are not
286	288		eligible to be employed by an educational entity [a school
287	289		district, district of innovation, open-enrollment charter school,
288	290		other charter entity, regional education service center, or shared
289	291		services arrangement].
290	292		(b) [A school district, district of innovation,
291	293		open-enrollment charter school, other charter entity, regional
292	294		education service center, or shared services arrangement] An
293	295		educational entity shall discharge or refuse to hire a person
294	296		listed on the registry maintained under this section.
295	297		(b-1) An educational entity may not allow a person who is
296	298		listed on the registry maintained under this section to provide
297	299		services for the educational entity or be present at a sponsored
298	300		event of an educational entity.
299	301		(c) The registry maintained under this section must list the
300	302		following persons as not eligible to be employed by public schools:
301	303		(1) a person determined by the agency under Section
302	304		22.0832 as a person who would not be eligible for educator
303	305		certification under Subchapter B, Chapter 21;
304	306		(2) a person determined by the agency to be not
305	307		eligible for employment based on the person's criminal history
306	308		record information review, as provided by Section 22.0833;
307	309		(3) a person who is not eligible for employment based
308	310		on criminal history record information received by the agency under
309	311		Section 21.058(b);
310	312		(4) except as provided by (c-1), a person whose
311	313		certification or permit issued under Subchapter B, Chapter 21, is
312	314		revoked or whose application for certification or permit under that
313	315		subchapter is denied by the State Board for Educator Certification
314	316		[on a finding that the person engaged in misconduct described by
315	317		Section 21.006(b)(2)(A) or (A-1)]; [and]
316	318		(5) a person who is determined by the commissioner
317	319		under Section 22.094 to have engaged in misconduct described by
318	320		Section 21.006(b)(2)(A) and (A-1); [22.093(c)(1)(A) or (B)]
319	321		(6) a person who is determined by the commissioner
320	322		under Section 22.094 to have engaged in misconduct described by
321	323		Section 21.006(b)(2)(A-2), (A-3), or (A-4) for the term designated
322	324		by the order; and
323	325		(7) except as provided by Subsection (c-2), a person
324	326		whose certification has been suspended by the State Board of
325	327		Educator Certification for the term of that suspension.
326	328		(c-1) Subsection (c)(4) does not apply if the person
327	329		receives a certification by the State Board for Educator
328	330		Certification subsequent to the revocation.
329	331		(c-2) Subsection (c)(6) does not apply to a suspension based
330	332		solely on Sections 21.105(c), 21.160(c), and 21.210(c).
331	333		(d) The agency shall provide equivalent access to the
332	334		registry maintained under this section to:
333	335		(1) private schools;
334	336		(2) [public schools] educational entities; [and]
335	337		(3) nonprofit teacher organizations approved by the
336	338		commissioner for the purpose of participating in the tutoring
337	339		program established under Section 33.913;
338	340		(4) entities that have entered into a contract to
339	341		operate a school district campus under Section 11.174; and
340	342		(5) persons who provide services to educational
341	343		entities authorized by an educational entity to access the
342	344		registry.
343	345		(e) The registry maintained under this section must
344	346		indicate if the listing is subject to expiration. A prohibition
345	347		that applies to a person listed on the registry no longer applies if
346	348		the term has expired and the person's certification is reinstated.
347	349		(f) Each school year, the superintendent of a school
348	350		district or chief operating officer of an open-enrollment charter
349	351		school shall certify to the commissioner that the district or
350	352		school has complied with this section. If possible, the agency
351	353		shall consolidate the certification under this subsection with
352	354		other reporting or certifications.
353	355		(h) If there is evidence that a person engaged in conduct
354	356		referenced in Section 21.006(b)(2)(A), (A-1), (A-2), (A-3), or
355	357		(A-4), the State Board for Educator Certification may not accept
356	358		the voluntary surrender of any certification or permit issued under
357	359		Subchapter B, Chapter 21, unless the individual agrees to placement
358	360		on the registry
359	361		(i) The agency shall adopt rules as necessary to implement
360	362		this section.
361	363		SECTION 10. Section 21.009, Education Code, is moved to
362	364		Subchapter C-1, Chapter 22, Education Code, redesignated as Sec.
363	365		22.0921 and amended to read as follows:
364	366		Sec. 22.0921 21.009. PRE-EMPLOYMENT AFFIDAVIT. (a) An
365	367		applicant for employment by an educational entity [a position
366	368		described by Section 21.003(a) or (b) with a school district,
367	369		district of innovation, open-enrollment charter school, private
368	370		school, regional education service center, or shared services
369	371		arrangement] must submit, using a form adopted by the agency, a
370	372		pre-employment affidavit disclosing whether the applicant has ever
371	373		been:
372	374		(i) investigated by a law enforcement or a protective agency
373	375		for, charged with, adjudicated for, or convicted of having engaged
374	376		in conduct described in Section 21.006(b)(2)(A), (A-1), (A-2),
375	377		(A-3), or (A-4); or [an inappropriate relationship with a minor.]
376	378		(ii) investigated by a licensing authority or had a license,
377	379		certificate, or permit revoked, denied, suspended, or subject to
378	380		any other sanction in Texas or any other state for conduct
379	381		referenced in Section 21.006(b)(2)(A), (A-1), (A-2), (A-3), or
380	382		(A-4).
381	383		(b) An applicant who answers affirmatively for an item under
382	384		Subsection (a) [concerning an inappropriate relationship with a
383	385		minor] must disclose in the affidavit all relevant facts known by
384	386		the applicant pertaining to the matter [charge, adjudication, or
385	387		conviction, including, for a charge], including whether the
386	388		allegations were [charge was] determined to be true or false.
387	389		(c) An applicant is not precluded from being employed based
388	390		on a disclosed allegations [charge] if the employing entity
389	391		determines based on the information disclosed in the affidavit that
390	392		the allegations were [charge was] false.
391	393		(d) A determination that an employee failed to disclose
392	394		information required to be disclosed by an applicant under this
393	395		section is grounds for termination of employment.
394	396		(e) Failure to make a required disclosure under Subsection
395	397		(a) is a class B misdemeanor
396	398		(f) The State Board for Educator Certification may revoke
397	399		the certificate of an administrator if the board determines it is
398	400		reasonable to believe that the administrator employed an applicant
399	401		[for a position described by Section 21.003(a) or (b)] despite
400	402		being aware that the applicant knowingly failed to disclose
401	403		information required by Subsection (a) [had been adjudicated for or
402	404		convicted of having an inappropriate relationship with a minor].
403	405		SECTION 11. Section 22.093, Education Code, is amended to
404	406		read as follows:
405	407		Sec. 22.093. REQUIREMENT TO REPORT EMPLOYEE MISCONDUCT.
406	408		(a) In this section, "abuse" has the meaning assigned by Section
407	409		261.001, Family Code, and includes any sexual conduct involving a
408	410		student or minor.
409	411		(b) This section applies to a person:
410	412		(1) who is employed by an educational entity [a school
411	413		district, district of innovation, open-enrollment charter school,
412	414		other charter entity, regional education service center, or shared
413	415		services arrangement] and who does not hold a certification or
414	416		permit issued under Subchapter B, Chapter 21; or
415	417		(2) who is not described by Subdivision (1) and who
416	418		provides services for an educational entity and has or will have
417	419		direct contact with students.
418	420		(c) In addition to the reporting requirement under Section
419	421		261.101, Family Code, the superintendent or director of an
420	422		educational entity [a school district, district of innovation,
421	423		open-enrollment charter school, other charter entity, regional
422	424		education service center, or shared services arrangement] shall
423	425		notify the commissioner if:
424	426		(1) [an employee's employment at the school district,
425	427		district of innovation, charter school, other charter entity,
426	428		service center, or shared services arrangement was terminated and]
427	429		there is evidence that a person described by Subsection (b) engaged
428	430		in misconduct described by Section 21.006(b)(2)(A), (A-1), (A-2),
429	431		(A-3), or (A-4); or [the employee:
430	432		(A) abused or otherwise committed an unlawful act
431	433		with a student or minor; or
432	434		(B) was involved in a romantic relationship with
433	435		or solicited or engaged in sexual contact with a student or minor;]
434	436		(2) the superintendent or director obtained
435	437		information about the educator's criminal record related to conduct
436	438		described by Section 21.006(b)(2)(A), (A-1), (A-2), (A-3), or (A-4)
437	439		[the employee resigned or and there is evidence that the employee
438	440		engaged in misconduct described by Subdivision (1)].
439	441		(d) A superintendent or director of an educational entity [a
440	442		school district, district of innovation, open-enrollment charter
441	443		school, other charter entity, regional education service center, or
442	444		shared services arrangement
443	445		person described by Subsection (b) [an employee] that involves
444	446		evidence that the person [employee] may have engaged in misconduct
445	447		described by Section 21.006(b)(2)(A) and (A-1), (A-2), (A-3) or
446	448		(A-4) [Subsection (c)(1)(A) or (B)], despite the [employee's]
447	449		person's termination, resignation from employment, or cessation of
448	450		services for the educational entity [before completion of the
449	451		investigation].
450	452		(e) The principal of a school in an educational entity [a
451	453		school district, district of innovation, open-enrollment charter
452	454		school, other charter entity, regional education service center, or
453	455		shared services arrangement
454	456		director of the educational entity [school district, district of
455	457		innovation, charter school, or other charter entity not later than
456	458		48 hours after knowledge of evidence of misconduct under Section
457	459		21.006(b)(2)(A), (A-1), (A-2), (A-3), (A-4) [the seventh business
458	460		day after the date of an employee's termination of employment or
459	461		resignation following an alleged incident of misconduct described
460	462		by Subsection (c)(1)(A) or (B)].
461	463		(f) The superintendent or director must notify the
462	464		commissioner by filing a report with the commissioner not later
463	465		than 48 hours [the seventh business day] after the date the
464	466		superintendent or director [receives a report from a principal
465	467		under Subsection (e) or] knew about an [employee's termination of
466	468		employment or resignation following an] alleged incident of
467	469		misconduct described by Section 21.006(b)(2)(A), (A-1), (A-2),
468	470		(A-3), or (A-4), [Subsection (c)(1)(A) or (B)] unless the
469	471		superintendent or director has reasonable cause to believe that the
470	472		person subject to a report under this section is deceased. The
471	473		report must be:
472	474		(1) in writing; [and]
473	475		(2) in a form prescribed by the commissioner;
474	476		(3) must be filed through the Internet portal
475	477		developed and maintained under Section 22.095.
476	478		(g) The superintendent or director shall notify the board of
477	479		trustees or governing body of the educational entity [a school
478	480		district, district of innovation, open-enrollment charter school,
479	481		other charter entity, regional education service center, or shared
480	482		services arrangement
481	483		the report required by Subsection (f).
482	484		(k) A superintendent or director required to file a report
483	485		under Subsection (f) commits an offense if the superintendent or
484	486		director fails to file the report by the date required by that
485	487		subsection with intent to conceal [an employee's] a person's
486	488		criminal record or alleged incident of misconduct. A principal
487	489		required to notify a superintendent or director about [an
488	490		employee's] a person's alleged incident of misconduct under
489	491		Subsection (e) commits an offense if the principal fails to provide
490	492		the notice by the date required by that subsection with intent to
491	493		conceal [an employee's] a person's alleged incident of misconduct.
492	494		An offense under this subsection is a state jail felony.
493	495		(l) The commissioner may review the records of an
494	496		educational entity [a school district, district of innovation,
495	497		open-enrollment charter school, other charter entity, regional
496	498		education service center, or shared services arrangement
497	499		compliance with the requirement to report misconduct under this
498	500		section.
499	501		SECTION 12. Section 22.094, Education Code is amended to
500	502		read as follows:
501	503		Sec. 22.094. NOTICE OF ALLEGED MISCONDUCT; INVESTIGATION;
502	504		HEARING. (a) A person described by Section 22.093(b) [and who is
503	505		the subject of a report that alleges misconduct described by
504	506		Section 22.093(c)(1)(A) or (B) or who is identified as having
505	507		engaged in that misconduct using the interagency reportable conduct
506	508		search engine established under Chapter 810, Health and Safety
507	509		Code,] is entitled to a hearing on the merits of the allegations of
508	510		misconduct under the procedures provided by Chapter 2001,
509	511		Government Code, to contest the allegation [in the report or search
510	512		engine] if that person is:
511	513		(1) subject of a report that alleges misconduct
512	514		described by Section 21.006(b)(2);
513	515		(2) identified as having engaged in that misconduct
514	516		using the interagency reportable conduct search engine established
515	517		under Chapter 810, Health and Safety Code; or
516	518		(3) not certified under Subchapter B, Chapter 21, and
517	519		is the subject of a complaint filed with the agency.
518	520		(b) On receiving a report filed under Section 22.093(f) or
519	521		making an identification described by Subsection (a), the
520	522		commissioner shall promptly send to the person who is the subject of
521	523		the report or identification a notice that includes:
522	524		(1) a statement informing the person that the person
523	525		must request a hearing on the merits of the allegations of
524	526		misconduct within the period provided by Subsection (c);
525	527		(2) a request that the person submit a written
526	528		response within the period provided by Subsection (c) to show cause
527	529		why the commissioner should not pursue an investigation; and
528	530		(3) a statement informing the person that if the
529	531		person does not timely submit a written response to show cause as
530	532		provided by Subdivision (2), the agency shall provide information
531	533		indicating the person is under investigation in the manner provided
532	534		by Subsection (d).
533	535		(c) A person entitled to a hearing under Subsection (a) must
534	536		request a hearing and submit a written response to show cause not
535	537		later than the 10th day after the date the person receives the
536	538		notice from the commissioner provided under Subsection (b).
537	539		(d) If a person who receives notice provided under
538	540		Subsection (b) does not timely submit a written response to show
539	541		cause why the commissioner should not pursue an investigation, the
540	542		commissioner shall instruct the agency to make available through
541	543		the Internet portal developed and maintained by the agency under
542	544		Section 22.095 information indicating that the person is under
543	545		investigation for alleged misconduct.
544	546		(e) If a person entitled to a hearing under Subsection (a)
545	547		does not request a hearing as provided by Subsection (c), the
546	548		commissioner shall:
547	549		(1) based on the report filed under Section 22.093(f)
548	550		or the identification described by Subsection (a), make a
549	551		determination whether the person engaged in misconduct; and
550	552		(2) if the commissioner determines that the person
551	553		engaged in misconduct described by Section 21.006(b)(2)(A), (A-1),
552	554		(A-2), (A-3), or (A-4), [22.093(c)(1)(A) or (B)], instruct the
553	555		agency to add the person's name to the registry maintained under
554	556		Section 22.092.
555	557		(f) If a person entitled to a hearing under Subsection (a)
556	558		requests a hearing as provided by Subsection (c) and the final
557	559		decision in that hearing determines that the person engaged in
558	560		misconduct described by Section 21.006(b)(2)(A), (A-1), (A-2),
559	561		(A-3), or (A-4), [22.093(c)(1)(A) or (B)], the commissioner shall
560	562		instruct the agency to add the person's name to the registry
561	563		maintained under Section 22.092.
562	564		(g) If a person entitled to a hearing under Subsection (a)
563	565		requests a hearing as provided by Subsection (c) and the final
564	566		decision in that hearing determines that the person did not engage
565	567		in misconduct described by Section 21.006(b)(2)(A), (A-1), (A-2),
566	568		(A-3), or (A-4), [22.093(c)(1)(A) or (B)], the commissioner shall
567	569		instruct the agency to immediately remove from the Internet portal
568	570		developed and maintained by the agency under Section 22.095 the
569	571		information indicating that the person is under investigation for
570	572		alleged misconduct.
571	573		(h) The commissioner shall adopt rules as necessary to
572	574		implement this section. The commissioner shall follow sanction
573	575		guidelines adopted by the State Board for Educator Certification
574	576		for misconduct described by Section 21.006(b)(2)(A-2), (A-3), or
575	577		(A-4).
576	578		SECTION 13. Subchapter C-1, Chapter 22, Education Code, is
577	579		amended by adding Section 22.0941 to read as follows:
578	580		Sec. 22.0941. PLACEMENT ON REGISTRY OF INDIVIDUALS UNDER
579	581		INVESTIGATION BY THE STATE BOARD FOR EDUCATOR CERTIFICATION. For
580	582		any person the State Board for Educator Certification assigns a
581	583		notice of an alleged incident of misconduct on the public
582	584		certification records of that person under Section 21.007, the
583	585		agency shall indicate on the registry under Section 22.092 that the
584	586		person is under investigation for alleged misconduct.
585	587		SECTION 14. Section 22.095, Education Code, is amended to
586	588		read as follows:
587	589		Sec. 22.095. INTERNET PORTAL. The agency shall develop and
588	590		maintain an Internet portal through which:
589	591		(1) a report required under Sections [Section] 21.006,
590	592		21.0062, 22.093[(f)] may be confidentially and securely filed;
591	593		[and]
592	594		(2) complies with requirements adopted by the State Board
593	595		for Educator Certification for filing reports under Sections 21.006
594	596		and 21.0062;
595	597		(3) the agency makes available:
596	598		(A) the registry of persons who are not eligible to be
597	599		employed in public schools as described by Section 22.092; and
598	600		(B) information indicating that a person is under
599	601		investigation for alleged misconduct in accordance with Section
600	602		22.094(d), provided that the agency must provide the information
601	603		through a procedure other than the registry described under
602	604		Paragraph (A).
603	605		SECTION 15. Section 22.096, Education Code is amended to
604	606		read as follows:
605	607		Sec. 22.096. COMPLIANCE MONITORING. (a) The agency shall
606	608		periodically [conduct site visits and] review the records of
607	609		educational entities [school districts, districts of innovation,
608	610		open-enrollment charter schools, other charter entities, regional
609	611		education service centers, and shared services arrangements] to
610	612		ensure compliance with Section 22.092(b).
611	613		(b) The agency shall review investigations conducted by
612	614		educational entities involving allegations of misconduct described
613	615		by Section 21.006(b)(2)(A), (A-1), (A-2), (A-3), or (A-4) to ensure
614	616		they are conducted with appropriate investigative protocols,
615	617		including when done in cooperation with law enforcement or the
616	618		Department of Family and Protective Services as described in
617	619		Section 38.004. If the agency determines that appropriate
618	620		investigative protocols are not followed, the agency may pursue
619	621		actions under Section 39.003. The agency may investigate the
620	622		allegations directly.
621	623		SECTION 14. Subchapter C-1, Chapter 22, Education Code, is
622	624		amended by adding Section 22.097 to read as follows:
623	625		Sec. 22.097. REPORTING TO LAW ENFORCEMENT. (a) If an
624	626		allegation has not already been reviewed by law enforcement, the
625	627		agency shall refer all cases to law enforcement that have resulted
626	628		in placement on the registry under Section 22.092.
627	629		(b) The agency may refer any case, at any time, to law
628	630		enforcement if the agency believes there is evidence of criminal
629	631		conduct.
630	632		(c) The agency shall maintain a record of all referrals to
631	633		law enforcement.
632	634		SECTION 16. Subchapter C-1, Chapter 22, Education Code, is
633	635		amended by adding Section 22.098 to read as follows:
634	636		Sec. 22.098. CONFIDENTIALITY. (a) Unless required by law,
635	637		any complaint, statement, recording, note, file, record, memo, or
636	638		report that is received, obtained, or created by the agency
637	639		relating to the review or investigation of allegations involving a
638	640		person to be placed on the registry under this subchapter is
639	641		confidential and not subject to disclosure under Chapter 552,
640	642		Government Code.
641	643		(b) Subsection (a) does not prohibit the release of
642	644		information described under Subsection (a):
643	645		1) to provide a report as required under Subchapter B,
644	646		Chapter 21 or Subchapter C-1, Chapter 22, or
645	647		2) in connection with an administrative or other legal
646	648		proceeding brought under Chapter 2001 of the Government Code.
647	649		SECTION 17. Subchapter C-1, Chapter 22, Education Code, is
648	650		amended by adding Section 22.099 to read as follows:
649	651		Sec. 22.099. REQUIRED MISCONDUCT REPORTING. The agency
650	652		shall, on a quarterly basis, report data regarding educator and
651	653		other personnel misconduct under this chapter and Chapter 21. The
652	654		report shall be made available on the agency's website and include
653	655		information by misconduct type.
654	656		SECTION 18. Section 39.003, Education Code, is amended to
655	657		read as follows:
656	658		(a) The commissioner may authorize special investigations
657	659		to be conducted:
658	660		(1) when excessive numbers of absences of students
659	661		eligible to be tested on state assessment instruments are
660	662		determined;
661	663		(2) when excessive numbers of allowable exemptions
662	664		from the required state assessment instruments are determined;
663	665		(3) in response to complaints submitted to the agency
664	666		with respect to alleged violations of civil rights or other
665	667		requirements imposed on the state by federal law or court order;
666	668		(4) in response to established compliance reviews of
667	669		the district's financial accounting practices and state and federal
668	670		program requirements;
669	671		(5) when extraordinary numbers of student placements
670	672		in disciplinary alternative education programs, other than
671	673		placements under Sections 37.006 and 37.007, are determined;
672	674		(6) in response to an allegation involving a conflict
673	675		between members of the board of trustees or between the board and
674	676		the district administration if it appears that the conflict
675	677		involves a violation of a role or duty of the board members or the
676	678		administration clearly defined by this code;
677	679		(7) when excessive numbers of students in special
678	680		education programs under Subchapter A, Chapter 29, are assessed
679	681		through assessment instruments developed or adopted under Section
680	682		39.023(b);
681	683		(8) in response to an allegation regarding or an
682	684		analysis using a statistical method result indicating a possible
683	685		violation of an assessment instrument security procedure
684	686		established under Section 39.0301, including for the purpose of
685	687		investigating or auditing a school district under that section;
686	688		(9) when a significant pattern of decreased academic
687	689		performance has developed as a result of the promotion in the
688	690		preceding two school years of students who did not perform
689	691		satisfactorily as determined by the commissioner under Section
690	692		39.0241(a) on assessment instruments administered under Section
691	693		39.023(a), (c), or (l);
692	694		(10) when excessive numbers of students eligible to
693	695		enroll fail to complete an Algebra II course or any other advanced
694	696		course as determined by the commissioner;
695	697		(11) when resource allocation practices as evaluated
696	698		under Section 39.0821 indicate a potential for significant
697	699		improvement in resource allocation;
698	700		(12) when a disproportionate number of students of a
699	701		particular demographic group is graduating with a particular
700	702		endorsement under Section 28.025(c-1);
701	703		(13) when an excessive number of students is
702	704		graduating with a particular endorsement under Section
703	705		28.025(c-1);
704	706		(14) in response to a complaint submitted to the
705	707		agency with respect to alleged inaccurate data that is reported
706	708		through the Public Education Information Management System (PEIMS)
707	709		or through other reports required by state or federal law or rule or
708	710		court order and that is used by the agency to make a determination
709	711		relating to public school accountability, including accreditation,
710	712		under this chapter;
711	713		(15) when 10 percent or more of the students
712	714		graduating in a particular school year from a particular high
713	715		school campus are awarded a diploma based on the determination of an
714	716		individual graduation committee under Section 28.0258;
715	717		(16) when a school district for any reason fails to:
716	718		(A) produce, at the request of the agency,
717	719		evidence or an investigation report relating to an educator or
718	720		individual who is under investigation by the State Board for
719	721		Educator Certification or the agency; or
720	722		(B) timely submit a report relating to a person
721	723		who should have been reported to the State Board for Educator
722	724		Certification or the agency; or
723	725		(17) as the commissioner otherwise determines
724	726		necessary.
725	727		SECTION 19. Section 261.308, Family Code, is amended by
726	728		adding subsection (f) to read as follows:
727	729		(f) Release of completed reports to the Texas Education
728	730		Agency or the State Board for Educator Certification shall be
729	731		submitted through the Internet portal developed and maintained
730	732		under Section 22.095, Education Code.
731	733		SECTION 20. Changes implemented by Section 22.094(c)(6)
732	734		apply to board actions taken on or after September 1, 2025.
733	735		SECTION 21. This Act takes effect immediately if it
734	736		receives a vote of two-thirds of all the members elected to each
735	737		house, as provided by Section 39, Article III, Texas Constitution.
736	738		If this Act does not receive the vote necessary for immediate
737	739		effect, this Act takes effect September 1, 2025.