89R15519 KRM-D
By: Lowe H.B. No. 4831
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting private schools from hiring persons in the
registry of persons not eligible for employment in schools and to
persons who must be listed in that registry.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter C-1, Chapter 22,
Education Code, is amended to read as follows:
SUBCHAPTER C-1. PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN [PUBLIC]
SCHOOLS
SECTION 2. The heading to Section 22.092, Education Code,
is amended to read as follows:
Sec. 22.092. REGISTRY OF PERSONS NOT ELIGIBLE FOR
EMPLOYMENT IN [PUBLIC] SCHOOLS.
SECTION 3. Sections 22.092(a), (b), and (c), Education
Code, are amended to read as follows:
(a) The agency shall maintain and make available through the
Internet portal developed and maintained by the agency under
Section 22.095 a registry of persons who are not eligible to be
employed by a school district, district of innovation,
open-enrollment charter school, other charter entity, private
school, regional education service center, or shared services
arrangement.
(b) A school district, district of innovation,
open-enrollment charter school, other charter entity, private
school, regional education service center, or shared services
arrangement shall discharge or refuse to hire a person listed on the
registry maintained under this section.
(c) The registry maintained under this section must list the
following persons as not eligible to be employed by public or
private 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) or
21.0062(b)(2); 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)(A) or (B).
SECTION 4. Section 22.095, Education Code, is amended to
read as follows:
Sec. 22.095. INTERNET PORTAL. The agency shall develop and
maintain an Internet portal through which:
(1) a report required under Section 22.093(f) may be
confidentially and securely filed; and
(2) the agency makes available:
(A) the registry of persons who are not eligible
to be employed in [public] schools as described by Section 22.092;
and
(B) information indicating that a person is under
investigation for alleged misconduct in accordance with Section
22.094(d), provided that the agency must provide the information
through a procedure other than the registry described under
Paragraph (A).
SECTION 5. Section 22.096, Education Code, is amended to
read as follows:
Sec. 22.096. COMPLIANCE MONITORING. The agency shall
periodically conduct site visits and review the records of school
districts, districts of innovation, open-enrollment charter
schools, other charter entities, private schools, regional
education service centers, and shared services arrangements to
ensure compliance with Section 22.092(b).
SECTION 6. This Act applies beginning with the 2025-2026
school year.
SECTION 7. 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.