89R11700 KJE-D
By: Y. Davis of Dallas H.B. No. 3991
A BILL TO BE ENTITLED
AN ACT
relating to misconduct by public school employees and to persons
who must be listed in the registry of persons not eligible for
employment in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.006(a), Education Code, is amended by
adding Subdivision (1-a) to read as follows:
(1-a) "Neglect" has the meaning assigned by Section
261.001, Family Code.
SECTION 2. Section 21.006(b), Education Code, is amended to
read as follows:
(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 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 school district, district of innovation, charter school, other
charter entity, service center, or shared services arrangement has
a criminal record and the 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 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, neglected, 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;
(B) possessed, transferred, sold, or
distributed:
(i) marihuana or a controlled substance, as
defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
Section 801 et seq.; or
(ii) a dangerous drug, as defined by
Chapter 483, Health and Safety Code;
(C) while on or within 300 feet of school
property, as measured from any point on the school's real property
boundary line, or while attending a school-sponsored or
school-related activity on or off of school property, engaged in an
offense relating to an abusable volatile chemical under Section
485.031, 485.032, or 485.033, Health and Safety Code;
(D) sold, gave, or delivered to a student or
minor an alcoholic beverage, as defined by Section 1.04, Alcoholic
Beverage Code;
(E) illegally transferred, appropriated, or
expended funds or other property of the school district, district
of innovation, charter school, other charter entity, service
center, or shared services arrangement;
(F) [(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]
(G) [(E)] committed a criminal offense or any
part of a criminal offense on school property or at a
school-sponsored event; or
(H) committed a criminal offense:
(i) punishable as a felony;
(ii) under Chapter 21, Penal Code;
(iii) under Section 22.05, Penal Code; or
(iv) under Section 37.10, Penal Code;
(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 committed a criminal offense under Section
39.0303.
SECTION 3. Section 21.007(b), Education Code, is amended to
read as follows:
(b) The board shall adopt a procedure for placing a notice
of alleged misconduct on an educator's public certification
records. The procedure adopted by the board must provide for
immediate placement of a notice of alleged misconduct on an
educator's public certification records if the alleged misconduct
presents a risk to the health, safety, or welfare of a student or
minor, as described by Section 21.006(b)(2)(A), (A-1), (B), (C),
(D), (F), (G), or (H) or as determined by the board.
SECTION 4. Section 22.092(c), Education Code, is amended to
read as follows:
(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) a person whose certification or permit issued
under Subchapter B, Chapter 21, is revoked 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 22.093(c)(1) [22.093(c)(1)(A) or (B)].
SECTION 5. Sections 22.093(a), (c), (e), and (f), Education
Code, are amended to read as follows:
(a) In this section:
(1) "Abuse" [, "abuse"] has the meaning assigned by
Section 261.001, Family Code, and includes any sexual conduct
involving a student or minor.
(2) "Neglect" has the meaning assigned by Section
261.001, Family Code.
(c) In addition to the reporting requirement under Section
261.101, Family Code, the superintendent or director of 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 the employee:
(A) abused, neglected, 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;
(C) possessed, transferred, sold, or
distributed:
(i) marihuana or a controlled substance, as
defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
Section 801 et seq.; or
(ii) a dangerous drug, as defined by
Chapter 483, Health and Safety Code;
(D) while on or within 300 feet of school
property, as measured from any point on the school's real property
boundary line, or while attending a school-sponsored or
school-related activity on or off of school property, engaged in an
offense relating to an abusable volatile chemical under Section
485.031, 485.032, or 485.033, Health and Safety Code;
(E) sold, gave, or delivered to a student or
minor an alcoholic beverage, as defined by Section 1.04, Alcoholic
Beverage Code;
(F) attempted by fraudulent or unauthorized
means to obtain or alter a professional certificate or license for
the purpose of promotion or additional compensation;
(G) committed a criminal offense or any part of a
criminal offense on school property or at a school-sponsored event;
or
(H) committed a criminal offense:
(i) punishable as a felony;
(ii) under Chapter 21, Penal Code;
(iii) under Section 22.05, Penal Code; or
(iv) under Section 37.10, Penal Code; or
(2) the employee resigned and there is evidence that
the employee engaged in misconduct described by Subdivision (1).
(e) 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 than 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) [(c)(1)(A) or (B)].
(f) The superintendent or director must notify the
commissioner by filing a report with the commissioner not later
than 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 Subsection
(c)(1) [(c)(1)(A) or (B)]. The report must be:
(1) in writing; and
(2) in a form prescribed by the commissioner.
SECTION 6. Sections 22.094(a), (e), (f), and (g), Education
Code, are amended to read as follows:
(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) [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.
(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 22.093(c)(1)
[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 22.093(c)(1) [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 22.093(c)(1) [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.
SECTION 7. This Act applies beginning with the 2025-2026
school year.
SECTION 8. 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.