By: Toth H.B. No. 4206
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the office of inspector general for
education at the Texas Education Agency to investigate the
administration of public education and required reporting on
misconduct by employees of certain educational entities; creating a
criminal offense; increasing an administrative penalty;
authorizing an administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 7, Education Code, is amended by adding
Subchapter E to read as follows:
SUBCHAPTER E. OFFICE OF INSPECTOR GENERAL FOR EDUCATION
Sec. 7.151. DEFINITIONS. In this subchapter:
(1) "Inspector general" means the inspector general
for education appointed under this subchapter.
(2) "Office" means the office of inspector general for
education established under this subchapter.
Sec. 7.152. OFFICE OF INSPECTOR GENERAL FOR EDUCATION. (a)
The office of inspector general for education is established as a
separate and independent division within the agency. The office
shall operate independently in performing the office's duties under
this subchapter, and the agency may not maintain control of or a
vested interest in or exert influence over the office.
(b) The board shall, by a vote of at least two-thirds of
board members and subject to the advice and consent of the senate,
appoint an inspector general to serve as director of the office.
(c) The appointment of inspector general shall be made
without regard to political affiliation. To be eligible for
appointment as inspector general, a person must be:
(1) certified as an inspector general investigator by
the Association of Inspectors General or possess an equivalent
credential as determined by that association; and
(2) qualified, by experience or education, in:
(A) at least one of the following areas of
primary expertise:
(i) the practice of law;
(ii) fraud investigation; or
(iii) the operations of an inspector
general; and
(B) at least two of the following areas of
secondary expertise:
(i) whistleblower investigations;
(ii) criminal investigations;
(iii) auditing;
(iv) government operations;
(v) financial analysis; or
(vi) operation management analysis.
(d) The inspector general serves for a term of four years
and continues to serve until a successor has been appointed. The
inspector general may be reappointed for subsequent terms.
(e) If a vacancy occurs in the position of inspector general
and has remained unfilled for more than 60 days, the governor may
appoint an interim inspector general to serve until a successor is
appointed.
(f) The inspector general may be removed by the board by a
vote of at least two-thirds of board members for:
(1) substantiated malfeasance or gross misfeasance in
office;
(2) evidence of persistent failure to perform the
duties of the office; or
(3) substantiated conduct prejudicial to the proper
administration of justice.
(g) The inspector general shall be compensated under Salary
Schedule C of the General Appropriations Act.
Sec. 7.153. ADMINISTRATIVE POWERS AND DUTIES. (a) The
inspector general may employ professional staff, investigators,
and other personnel, including peace officers, as necessary for the
office to perform its duties.
(b) The inspector general shall supervise all personnel
employed by the office.
(c) The inspector general shall adopt a professional code of
conduct and ethics for all office employees that ensures the office
maintains the highest standards of integrity, impartiality, and
confidentiality.
(d) The inspector general and each office employee is
subject to all applicable state laws regarding ethics and conflicts
of interest, including the nepotism prohibitions under Chapter 573,
Government Code. The board shall adopt protocols for the office to
ensure the office's compliance with all applicable laws.
(e) The agency shall provide administrative, logistical,
and financial support to the office as necessary to facilitate the
successful and impartial operation of the office without prejudice
or undue influence on the office's functions, powers, or duties.
Sec. 7.154. GENERAL RESPONSIBILITIES. (a) The office
shall:
(1) perform inspections, evaluations, and reviews and
provide quality control for investigations initiated by the agency;
(2) investigate complaints and allegations of:
(A) fraud, waste, or abuse of agency money;
(B) employee misconduct described by Section
21.006(b)(2)(A) or (A-1) or 22.093(c)(1)(A) or (B); or
(C) conduct by an employee of the agency that:
(i) threatens the safety of public school
students in this state; or
(ii) demonstrates negligence,
incompetence, misfeasance, or malfeasance;
(3) cooperate with and coordinate investigative
efforts with law enforcement and, if a preliminary investigation
establishes a sufficient basis for referral to law enforcement,
refer the matter to the appropriate local law enforcement agency,
prosecuting attorney, or federal law enforcement agency; and
(4) perform all other duties required under the
memorandum of understanding entered into under Section 7.157.
(b) If the office is unable to investigate a complaint or
allegation because of a conflict of interest, the office shall
refer the complaint or allegation to the attorney general for
referral to another investigative entity.
Sec. 7.155. GENERAL POWERS. (a) In conducting an
investigation under Section 7.154(a)(2), the inspector general
may:
(1) issue letters of spoliation to any person who may
possess or control evidence relevant to an investigation;
(2) subpoena any person or evidence;
(3) administer oaths;
(4) take and certify affidavits;
(5) take depositions and other testimony; and
(6) access all records produced or maintained by an
entity that is the subject of the investigation.
(b) A letter of spoliation issued under Subsection (a) must:
(1) identify the specific evidence relevant to the
investigation;
(2) explain the importance of preserving the evidence;
and
(3) inform the letter recipient of the potential legal
consequences of failing to preserve evidence subject to the letter.
(c) An entity that is the subject of an investigation shall
provide access to any record requested by the inspector general not
later than the 30th day after the date on which the inspector
general notifies the entity of the request.
(d) If a person fails to comply with a subpoena issued under
Subsection (a), the inspector general, acting through the attorney
general, may file suit to enforce the subpoena in a district court
in this state. On a finding that good cause exists for issuing the
subpoena, the court shall order the person to comply with the
subpoena and may punish a person who fails to obey the court order.
(e) In addition to the inspector general's powers under
Subsection (d), the inspector general may coordinate with a local
law enforcement agency or the attorney general to seek a court order
to compel the preservation of evidence or obtain access to relevant
documents or information.
Sec. 7.156. DUTY TO INVESTIGATE EMPLOYEE MISCONDUCT;
REFERRAL OF FINDINGS OF MISCONDUCT. (a) Notwithstanding Section
21.062, the office has the exclusive duty and responsibility to
investigate allegations of employee misconduct described by
Section 21.006(b)(2)(A) or (A-1) or 22.093(c)(1)(A) or (B).
(b) Not later than the 120th day after the date on which an
investigation by the office into employee misconduct described by
Section 21.006(b)(2)(A) or (A-1) or 22.093(c)(1)(A) or (B) results
in a substantiated finding of misconduct, the inspector general
shall refer the findings for appropriate administrative action to:
(1) if the employee who engaged in the misconduct is an
educator, the State Board for Educator Certification; or
(2) if the employee who engaged in the misconduct is
not an educator, the commissioner.
(c) The State Board for Educator Certification or
commissioner, as applicable, shall determine the appropriate
administrative action to take under Subsection (b) based on the
applicable state law and rules governing standards for
certification and employee conduct.
(d) The inspector general shall adopt rules to implement
this section in accordance with Chapter 552, Government Code.
Sec. 7.157. MEMORANDUM OF UNDERSTANDING; REPORT. (a) The
inspector general, board, and attorney general shall enter into a
memorandum of understanding to develop and implement procedures
regarding allegations of fraud, waste, or abuse of agency money or
other violations of state or federal law. The memorandum of
understanding shall require:
(1) the inspector general and attorney general to:
(A) set priorities and guidelines regarding the
referral of matters from the inspector general to the attorney
general, including allegations of conduct that would constitute a
violation of or an offense under any of the following provisions:
(i) Section 21.006, 22.093, or 38.004,
Education Code;
(ii) Section 261.101, Family Code; or
(iii) Section 21.08, 21.11, 21.12, 21.15,
21.16, 22.04, 33.021, 43.25, or 43.26, Penal Code; and
(B) provide to the legislature for the purpose of
improving state law any requested information regarding a matter
that has been investigated and resolved under this subchapter;
(2) the inspector general to:
(A) refer to the attorney general an allegation
of fraud, waste, or abuse of agency money or other violation of
state law over which the attorney general has jurisdiction not
later than the 20th business day after the date on which the
allegation is substantiated; and
(B) keep detailed records regarding matters
handled by the office or referred to the attorney general,
including the total number of matters handled and with respect to
each matter:
(i) the entity, and, if applicable, the
division within the entity, to which the matter was referred;
(ii) the date on which the matter was
referred; and
(iii) the nature of the alleged fraud,
waste, or abuse of agency money or the provision of law that was
allegedly violated;
(3) the attorney general to:
(A) take appropriate action on each matter
referred from the inspector general under Subdivision (2); and
(B) notify the inspector general of the
disposition of each matter referred to the attorney general,
including matters that the attorney general declined to prosecute;
and
(4) representatives from the office of inspector
general and the office of the attorney general to meet at least
quarterly to share information regarding allegations under this
subchapter and to ensure the appropriate entities are investigating
each matter.
(b) Information exchanged between the inspector general,
board, attorney general, and legislature under this section does
not affect the confidentiality of the information under Chapter
552, Government Code.
(c) Not later than January 31 of each year, the inspector
general, board, and attorney general shall submit to the governor,
lieutenant governor, and speaker of the house of representatives a
report regarding the actions taken by each entity in relation to
this subchapter during the preceding calendar year. A report
required under this subsection may be consolidated with any other
report relating to the same subject matter that the entity is
required to submit under other law.
Sec. 7.158. FEES. The inspector general, board, or
attorney general may not assess or collect from a state agency any
investigation or attorney's fees relating to an action taken under
this subchapter unless the attorney general or a state agency
collects or receives a penalty fee, restitution, or other type of
monetary reimbursement to the state related to the action.
Sec. 7.159. DATABASE. The office shall develop and
maintain a database containing information regarding all
complaints, allegations, investigations, reviews, inspections, and
evaluations made to or conducted by the office. The database must
contain the following information concerning each complaint,
allegation, investigation, review, inspection, or evaluation, as
applicable:
(1) the date on which the complaint or allegation was
received or the investigation, review, inspection, or evaluation
was completed;
(2) the date on which the person who filed the
complaint or made the allegation was notified that the office
received the complaint or allegation;
(3) the name of the person filing the complaint or
making the allegation;
(4) the name of each educational entity and campus
facility involved in the complaint or allegation;
(5) the subject matter of the complaint, allegation,
investigation, review, inspection, or evaluation;
(6) the name of each person contacted by the office as
part of the investigation, review, inspection, or evaluation;
(7) a summary of each action taken in response to or as
part of the complaint, allegation, investigation, review,
inspection, or evaluation; and
(8) if the inspector general makes a determination not
to investigate or recommend corrective action in response to the
complaint or allegation, the reason for that determination.
Sec. 7.160. CONFIDENTIALITY; DISCLOSURE OF PERSONALLY
IDENTIFYING INFORMATION. (a) Except as otherwise provided by this
section, all reports, documents, and records of the office are
confidential and not subject to disclosure under Chapter 552,
Government Code.
(b) The office may not disclose the name or any other
personally identifiable information of a person who files a
complaint with or makes an allegation to the office or who is a
witness in an investigation unless the inspector general:
(1) obtains the written consent of the person; or
(2) determines during the course of an investigation
that disclosure of the information is necessary and unavoidable.
(c) If the inspector general makes the determination
described by Subsection (b)(2), the inspector general shall notify
each person whose information will be disclosed not later than the
seventh business day before the disclosure.
Sec. 7.161. SEMIANNUAL REPORT. (a) The inspector general
shall prepare and submit semiannually to the governor,
commissioner, board, and legislature a report on the office's
findings related to all investigations, reviews, inspections,
evaluations, and other actions conducted or taken by the office
during the preceding six months. The report may not include
findings related to an ongoing investigation involving possible
criminal conduct, and any personally identifying information must
be redacted from the report.
(b) A report under this section is confidential and not
subject to disclosure under Chapter 552, Government Code.
Sec. 7.162. INTERFERENCE PROHIBITED; OFFENSE. (a) An
elected official, a legislative body, the commissioner, the board,
or any other person may not impede, interfere with, or inhibit the
inspector general from initiating, conducting, or completing an
investigation, review, inspection, or evaluation or another power
granted to the office under this subchapter.
(b) A person commits an offense if the person knowingly:
(1) interferes with an investigation, review,
inspection, or evaluation conducted by the office; or
(2) with the intent to deceive, makes a false
statement that is material to an investigation, review, inspection,
or evaluation conducted by the office.
(c) An offense under this section is a Class B misdemeanor.
(d) The inspector general shall refer to the attorney
general, in accordance with the memorandum of understanding entered
into under Section 7.157, any conduct that may constitute a
violation of or an offense under this section.
SECTION 2. Section 21.006(a), Education Code, is amended by
adding Subdivisions (1-a) and (1-b) to read as follows:
(1-a) "Inspector general" means the inspector general
for education appointed under Subchapter E, Chapter 7.
(1-b) "Office of inspector general" means the office
of inspector general for education established under Subchapter E,
Chapter 7.
SECTION 3. Section 21.006, Education Code, is amended by
amending Subsections (b), (b-1), (b-2), (c), (d), (e), (f), (h),
(i), and (k) and adding Subsections (b-3) and (e-1) 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 in
accordance with Subsection (c) 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 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
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 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);
(4) an investigation into misconduct by the educator
described by Subdivision (2) resulted in a substantiated finding
that the educator engaged in the misconduct;
(5) the educator pleaded guilty or nolo contendere to,
was convicted of, or was placed on deferred adjudication community
supervision for an offense arising out of an incident of misconduct
described by Subdivision (2); or
(6) [(4)] the educator engaged in conduct that
violated the assessment instrument security procedures established
under Section 39.0301.
(b-1) A 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 or a county board of school trustees may not:
(1) investigate an allegation that [shall complete an
investigation of] an educator [that involves evidence that the
educator] may have engaged in misconduct described by Subsection
(b)(2)(A) or (A-1); or
(2) make any determination concerning whether an
investigation into an alleged incident of misconduct described by
Subsection (b) should be conducted by the office of inspector
general [, 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 than the second [seventh] business day
after the date:
(1) of an educator's termination of employment or
resignation following an alleged incident of misconduct described
by Subsection (b); [or]
(2) the principal knew about an educator's criminal
record under Subsection (b)(1);
(3) the principal was notified of a substantiated
finding of misconduct or a plea of guilty or nolo contendere to,
conviction of, or placement on deferred adjudication community
supervision for an offense arising out of the alleged incident of
misconduct as described by Subsection (b)(4) or (5); or
(4) the principal was notified or otherwise knew about
an allegation of misconduct described by Subsection (b)(2)(A) or
(A-1) that was referred to the office of inspector general.
(b-3) 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 or a county board of school trustees shall
notify the office of inspector general not later than 24 hours after
the date the superintendent or director becomes aware that an
educator is alleged to have engaged in misconduct described by
Subsection (b)(2)(A) or (A-1).
(c) The [Except as provided by Subsection (c-2), the]
superintendent or director must notify the State Board for Educator
Certification as required by Subsection (b) by filing a report with
the board not later than the second [seventh] business day after the
date the superintendent or director:
(1) receives notice [a report] from a principal under
Subsection (b-2);
(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
(3) is notified of a substantiated finding of
misconduct or a plea of guilty or nolo contendere to, conviction of,
or placement on deferred adjudication community supervision for an
offense arising out of the alleged incident of misconduct as
described by Subsection (b)(4) or (5).
(d) Not later than the second business day after the date on
which the superintendent or director files a report required by
Subsection (c), the [The] superintendent or director shall notify
the board of trustees or governing body of the 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) Except as provided by Subsection (e-1), a [A]
superintendent, director, or principal of 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 provides notice to the office of inspector
general under Subsection (b-3) or 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.
(e-1) A superintendent, director, or principal of a school
district, district of innovation, open-enrollment charter school,
other charter entity, regional education service center, or shared
services arrangement is not immune from civil or criminal liability
that might otherwise be incurred or imposed if the superintendent,
director, or principal violates Subsection (b-1), (b-2), or (b-3)
or Section 22.0931.
(f) The State Board for Educator Certification shall
determine whether to impose sanctions, including an administrative
penalty under Subsection (i), against a principal who fails to
provide notification to a superintendent or director in violation
of Subsection (b-2) or against a superintendent or director who
violates [fails to file a report in violation of] Subsection (b-1),
(b-3), or (c) or Section 22.0931.
(h) The name of the campus and school district, district of
innovation, open-enrollment charter school, other charter entity,
regional education service center, or shared services arrangement
at which the alleged incident of misconduct occurred and the name of
a student or minor who is the victim of abuse or unlawful conduct by
an educator must be included in a report filed under this section,
but the name of the student or minor is not public information under
Chapter 552, Government Code.
(i) If an educator serving as a superintendent or director
is required to provide notice under Subsection (b-3) or Section
22.0931 or file a report under Subsection (c) of this section and
fails to provide notice or file the report by the date required by
the applicable provision [that subsection], or if an educator
serving as a principal is required to notify a superintendent or
director about an educator's criminal record or alleged incident of
misconduct under Subsection (b-2) and fails to provide the notice
by the date required by that subsection, the State Board for
Educator Certification may impose on the educator an administrative
penalty of not less than $1,000 [$500] and not more than $10,000.
The State Board for Educator Certification may not renew the
certification of an educator against whom an administrative penalty
is imposed under this subsection until the penalty is paid. In
addition to the administrative penalty, the State Board for
Educator Certification may:
(1) require the educator to complete additional
training on child abuse reporting and recognition within a time
period set by the board;
(2) issue a formal written reprimand of the educator
to be included in the educator's certification record;
(3) suspend the educator's certification for a period
of not less than 30 days and not more than six months; or
(4) recommend that the educator's employing entity
terminate the educator's employment.
(k) The commissioner shall routinely [may] review the
records of a school district, district of innovation,
open-enrollment charter school, other charter entity, regional
education service center, or shared services arrangement to ensure
compliance with the requirement to report misconduct under this
section.
SECTION 4. Section 22.093, Education Code, is amended by
amending Subsections (a), (c), (d), (e), (f), (g), (h), (i), (j),
and (l) and adding Subsections (e-1), (f-1), and (h-1) 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) "Inspector general" and "office of inspector
general" have the meanings assigned by Section 21.006.
(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 in accordance
with Subsection (f) 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 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
a controlled substance, as defined by Chapter 481, Health and
Safety Code, or by 21 U.S.C. Section 801 et seq.;
(D) 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;
(E) attempted by fraudulent or unauthorized
means to obtain or alter a professional certificate or license for
the purpose of promotion or additional compensation; or
(F) committed a criminal offense or any part of a
criminal offense on school property or at a school-sponsored event;
[or]
(2) the employee resigned and there is evidence that
the employee engaged in misconduct described by Subdivision (1);
(3) an employee employed by or seeking employment by
the school district, district of innovation, charter school, other
charter entity, service center, or shared services arrangement
obtained information about the employee's criminal record by a
means other than the criminal history clearinghouse established
under Section 411.0845, Government Code;
(4) an investigation into misconduct by the employee
described by Subdivision (1) resulted in a substantiated finding
that the employee engaged in the misconduct; or
(5) the employee pleaded guilty or nolo contendere to,
was convicted of, or was placed on deferred adjudication community
supervision for an offense arising out of an incident of misconduct
described by Subdivision (1).
(d) A 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 or a county board of school trustees may not:
(1) investigate an allegation that [shall complete an
investigation of] an employee [that involves evidence that the
employee] may have engaged in misconduct described by Subsection
(c)(1)(A) or (B); or
(2) make any determination concerning whether an
investigation into an alleged incident of misconduct described by
Subsection (c) should be conducted by the office of inspector
general [, despite the employee's resignation from employment
before completion of the investigation].
(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 second [seventh] business day
after the date:
(1) of an employee's termination of employment or
resignation following an alleged incident of misconduct described
by Subsection (c)(1)(A) or (B);
(2) the principal knew about an employee's criminal
record under Subsection (c)(3);
(3) the principal was notified of a substantiated
finding of misconduct or a plea of guilty or nolo contendere to,
conviction of, or placement on deferred adjudication community
supervision for an offense arising out of the alleged incident of
misconduct as described by Subsection (c)(4) or (5); or
(4) the principal was notified of or otherwise knew
about an allegation of misconduct described by Subsection (c)(1)(A)
or (B) that was referred to the office of inspector general.
(e-1) 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 or a county board of school trustees shall
notify the office of inspector general not later than 24 hours after
the date the superintendent becomes aware that an employee is
alleged to have engaged in misconduct described by Subsection
(c)(1)(A) or (B).
(f) The superintendent or director must notify the
commissioner as required by Subsection (c) by filing a report with
the commissioner not later than the second [seventh] business day
after the date the superintendent or director:
(1) receives notice [a report] from a principal under
Subsection (e);
(2) [or] knew about an employee's termination of
employment or resignation following an alleged incident of
misconduct described by Subsection (c)(1)(A) or (B); or
(3) is notified of a substantiated finding of
misconduct or a plea of guilty or nolo contendere to, conviction of,
or placement on deferred adjudication community supervision for an
offense arising out of the alleged incident of misconduct as
described by Subsection (c)(4) or (5).
(f-1) The report under Subsection (f) must be:
(1) in writing; and
(2) in a form prescribed by the commissioner.
(g) Not later than the second business day after the date on
which the superintendent or director files a report required by
Subsection (f), the [The] superintendent or director shall notify
the board of trustees or governing body of the school district,
district of innovation, open-enrollment charter school, other
charter entity, regional education service center, or shared
services arrangement and the employee of the filing of the report
[required by Subsection (f)].
(h) Except as provided by Subsection (h-1), a [A]
superintendent or director who in good faith and while acting in an
official capacity provides notice to the office of inspector
general under Subsection (e-1) or files a report with the
commissioner under Subsection (f) or a principal who in good faith
and while acting in an official capacity notifies a superintendent
or director under Subsection (e) is immune from civil or criminal
liability that might otherwise be incurred or imposed.
(h-1) A superintendent, director, or principal of a school
district, district of innovation, open-enrollment charter school,
other charter entity, regional education service center, or shared
services arrangement is not immune from civil or criminal liability
that might otherwise be incurred or imposed if the superintendent,
director, or principal violates Subsection (d), (e), or (e-1) or
Section 22.0931.
(i) The commissioner shall refer to the State Board for
Educator Certification an educator who violates [fails to file a
report in violation of] Subsection (d), (e), (e-1), or (f) or
Section 22.0931 [to the State Board for Educator Certification],
and the board shall determine whether to impose sanctions against
the educator. The State Board for Educator Certification may
impose on the educator an administrative penalty of not less than
$1,000 and not more than $10,000. The State Board for Educator
Certification may not renew the certification of an educator
against whom an administrative penalty is imposed under this
subsection until the penalty is paid. In addition to the
administrative penalty, the State Board for Educator Certification
may:
(1) require the educator to complete additional
training on child abuse reporting and recognition within a time
period set by the board;
(2) issue a formal written reprimand of the educator
to be included in the educator's certification record;
(3) suspend the educator's certification for a period
of not less than 30 days and not more than six months; or
(4) recommend that the educator's employing entity
terminate the educator's employment.
(j) The name of the campus and school district, district of
innovation, open-enrollment charter school, other charter entity,
regional education service center, or shared services arrangement
at which the alleged incident of misconduct occurred and the name of
a student or minor who is the victim of abuse or unlawful conduct by
an employee must be included in a report filed under this section,
but the name of the student or minor is not public information under
Chapter 552, Government Code.
(l) The commissioner shall routinely [may] review the
records of a school district, district of innovation,
open-enrollment charter school, other charter entity, regional
education service center, or shared services arrangement to ensure
compliance with the requirement to report misconduct under this
section.
SECTION 5. Section 21.0061, Education Code, is transferred
to Subchapter C-1, Chapter 22, Education Code, redesignated as
Section 22.0931, Education Code, and amended to read as follows:
Sec. 22.0931 [21.0061]. NOTICE AND PROVISION OF
INVESTIGATIVE REPORT TO PARENT OR GUARDIAN ABOUT EMPLOYEE
[EDUCATOR] MISCONDUCT; TRANSFER OF STUDENT. (a) The board of
trustees or governing body of a school district, district of
innovation, open-enrollment charter school, other charter entity,
regional education service center, or shared services arrangement
or a county board of school trustees shall adopt a policy under
which notice is provided to the parent or guardian of a student with
whom an employee [educator] is alleged to have engaged in
misconduct described by Section 21.006(b)(2)(A) or (A-1) or
22.093(c)(1)(A) or (B) informing the parent or guardian:
(1) that the alleged misconduct occurred;
(2) whether the employee [educator] was terminated
following an investigation of the alleged misconduct or resigned
before completion of the investigation; and
(3) whether a report was submitted to the State Board
for Educator Certification or commissioner concerning the alleged
misconduct.
(b) The policy required by this section:
(1) must require that information specified by
Subsection (a)(1) be provided verbally and in writing to the parent
or guardian not later than the end of the business day on which [as
soon as feasible after] the employing entity becomes aware that
alleged misconduct may have occurred; and
(2) may establish procedures for providing the
notification by the least intrusive methods and including options
of care for the student.
(c) Not later than the 120th day after the date on which the
office of inspector general concludes an investigation of an
alleged incident of misconduct described by Section
21.006(b)(2)(A) or (A-1) or 22.093(c)(1)(A) or (B), the inspector
general shall provide to the parent or guardian of the student with
whom the employee was alleged to have engaged in the misconduct a
redacted summary report of the investigation, regardless of whether
the inspector general referred the matter to the attorney general
or another law enforcement agency. The inspector general shall
adopt rules to implement this section in accordance with Chapter
552, Government Code.
(d) On request of a parent or guardian of a student with whom
an employee is alleged to have engaged in misconduct described by
Section 21.006(b)(2)(A) or (A-1) or 22.093(c)(1)(A) or (B), the
school district, district of innovation, open-enrollment charter
school, or other charter entity at which the student is enrolled
shall transfer the student to another district or school campus or a
neighboring school district. The district, school, or entity shall
explore options to provide at no expense to the student
transportation to and from the campus to which the student is
transferred.
(e) [(c)] In this section, "inspector general," "office of
inspector general," and "other charter entity" have [has] the
meanings [meaning] assigned by Section 21.006.
SECTION 6. Subchapter C-1, Chapter 22, Education Code, is
amended by adding Sections 22.0932 and 22.098 to read as follows:
Sec. 22.0932. REFERRAL OF EMPLOYEE MISCONDUCT ALLEGATIONS
TO OFFICE OF INSPECTOR GENERAL. (a) In this section, "office of
inspector general" has the meaning assigned by Section 21.006.
(b) Not later than 24 hours after receipt of an allegation
of misconduct described by Section 21.006(b)(2)(A) or (A-1) or
22.093(c)(1)(A) or (B) by an employee of a school district,
district of innovation, open-enrollment charter school, other
charter entity, regional education service center, or shared
services arrangement, the agency shall refer the allegation to the
office of inspector general.
(c) Not later than the second business day after the agency
refers an allegation under Subsection (b), the agency shall notify
the person who submitted the allegation to the agency of the
referral.
Sec. 22.098. RETALIATION FOR REPORTING EMPLOYEE MISCONDUCT
PROHIBITED. (a) For purposes of this section, an act of
retaliation includes:
(1) an adverse action affecting:
(A) the enrollment, attendance, or academic
standing of a student; or
(B) the employment or volunteering opportunities
available to a parent or guardian of a student at the educational
entity; and
(2) any act of intimidation, threat, coercion, or
harassment.
(b) 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 or a county board of school trustees may not
retaliate against an employee, a parent or guardian of a student, or
a student who:
(1) reports an alleged incident of misconduct
described by Section 21.006(b) or 22.093(c); or
(2) testifies, assists, or participates in any manner
in an investigation or proceeding related to an alleged incident of
misconduct described by Section 21.006(b) or 22.093(c).
SECTION 7. Section 22.094, Education Code, is amended by
amending Subsections (b), (d), (e), (f), and (g) and adding
Subsection (i) to read as follows:
(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 office of inspector general [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).
(d) If a person who receives notice provided under
Subsection (b) does not timely submit a written response to show
cause why the office of inspector general [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
inspector general [commissioner] shall:
(1) based on the report filed under Section 22.093(f)
or the identification described by Subsection (a) and the office of
inspector general's investigation, make a determination whether
the person engaged in misconduct; and
(2) if the inspector general [commissioner]
determines that the person engaged in misconduct described by
Section 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, based on that
hearing and the office of inspector general's investigation, the
inspector general [final decision in that hearing] determines that
the person engaged in misconduct described by Section
22.093(c)(1)(A) or (B), the inspector general [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, based on that
hearing and the office of inspector general's investigation, the
inspector general [final decision in that hearing] determines that
the person did not engage in misconduct described by Section
22.093(c)(1)(A) or (B), the inspector general [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.
(i) In this section, "inspector general" and "office of
inspector general" have the meanings assigned by Section 21.006.
SECTION 8. Section 21.006(c-2), Education Code, is
repealed.
SECTION 9. This Act takes effect January 1, 2026.