89R13853 MEW-D
By: Shaheen H.B. No. 5393
A BILL TO BE ENTITLED
AN ACT
relating to the reporting and investigation of misconduct by public
and private school employees; creating a criminal offense;
providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. SCHOOL EMPLOYEE MISCONDUCT
SECTION 1.01. Articles 42.018(a) and (b), Code of Criminal
Procedure, are amended to read as follows:
(a) This article applies only to[:
[(1)] conviction or deferred adjudication community
supervision granted on the basis of:
(1) an offense for which a conviction or grant of
deferred adjudication community supervision requires the defendant
to register as a sex offender under Chapter 62;
(2) a felony [conviction of an] offense under Title 4,
Title 5, or Title 8, Penal Code[, if the victim of the offense was
under 18 years of age at the time the offense was committed]; or
(3) [conviction or deferred adjudication community
supervision granted on the basis of] an offense under Chapter 43
[Section 43.24], Penal Code.
(b) Not later than the fifth day after the date a person who
holds a certificate issued under Subchapter B, Chapter 21,
Education Code, or who is employed by a school district or
open-enrollment charter school is convicted or granted deferred
adjudication on the basis of an offense, the clerk of the court in
which the conviction or deferred adjudication is entered shall
provide [to the State Board for Educator Certification] written
notice of the person's conviction or deferred adjudication,
including the offense on which the conviction or deferred
adjudication was based, to:
(1) the State Board for Educator Certification and the
Texas Education Agency for a person who holds a certificate issued
under Subchapter B, Chapter 21, Education Code; or
(2) the Texas Education Agency for a person not
described by Subdivision (1) who is employed by a school district or
open-enrollment charter school.
SECTION 1.02. Section 21.0585, Education Code, is amended
to read as follows:
Sec. 21.0585. NOTICE TO AGENCY REGARDING REVOCATION OF
CERTIFICATE OR PERMIT FOR CERTAIN MISCONDUCT. The board shall, not
later than 24 hours after revocation, [promptly] notify the agency
for purposes of Section 22A.151 [22.092] if the board revokes a
certificate or permit of a person on a finding that the person
engaged in misconduct described by Section 22A.051(a)(2)(A), (B),
(C), or (D) [21.006(b)(2)(A) or (A-1)].
SECTION 1.03. Subtitle D, Title 2, Education Code, is
amended by adding Chapter 22A, and a heading is added to that
chapter to read as follows:
CHAPTER 22A. EMPLOYEE MISCONDUCT
SECTION 1.04. Chapter 22A, Education Code, as added by this
Act, is amended by adding Subchapter A, and a heading is added to
that subchapter to read as follows:
SUBCHAPTER A. GENERAL PROVISIONS
SECTION 1.05. Section 21.006(a), Education Code, is
transferred to Subchapter A, Chapter 22A, Education Code, as added
by this Act, redesignated as Section 22A.001, Education Code, and
amended to read as follows:
Sec. 22A.001. DEFINITIONS. [(a)] In this chapter
[section]:
(1) "Abuse" has the meaning assigned by Section
261.001, Family Code, and includes any sexual conduct involving [an
educator and] a student or minor.
(2) "Board" means the State Board for Educator
Certification.
(3) "Educational entity" means a school district,
district of innovation, open-enrollment charter school, other
charter entity, regional education service center, or shared
services arrangement.
(4) "Other charter entity" means:
(A) a school district operating under a home-rule
school district charter adopted under Subchapter B, Chapter 12;
(B) a campus or campus program operating under a
charter granted under Subchapter C, Chapter 12; and
(C) an entity that contracts to partner with a
school district under Section 11.174(a)(2) to operate a district
campus under a charter granted to the entity by the district under
Subchapter C, Chapter 12.
SECTION 1.06. Chapter 22A, Education Code, as added by this
Act, is amended by adding Subchapter B, and a heading is added to
that subchapter to read as follows:
SUBCHAPTER B. REQUIRED MISCONDUCT REPORTING
SECTION 1.07. Sections 21.006(b), (b-1), (b-2), (c), (c-1),
(c-2), (d), (e), (f), (g), (g-1), (h), (i), (j), and (k), Education
Code, are transferred to Subchapter B, Chapter 22A, Education Code,
as added by this Act, redesignated as Section 22A.051, Education
Code, and amended to read as follows:
Sec. 22A.051. REQUIREMENT TO REPORT MISCONDUCT TO AGENCY.
(a) [(b)] In addition to the reporting requirement under Section
261.101, Family Code, [and except as provided by Subsection (c-2),]
the superintendent or director of an educational entity [a school
district, district of innovation, open-enrollment charter school,
other charter entity, regional education service center, or shared
services arrangement] shall notify the agency [State Board for
Educator Certification] if:
(1) a person [an educator] employed by or seeking
employment by the educational entity [school district, district of
innovation, charter school, other charter entity, service center,
or shared services arrangement] has a criminal record and the
educational entity [school district, district of innovation,
charter school, other charter entity, service center, or shared
services arrangement] obtained information about the person's
[educator's] criminal record by a means other than the criminal
history clearinghouse established under Section 411.0845,
Government Code;
(2) a person's [an educator's] employment at or
contract with the educational entity [school district, district of
innovation, charter school, other charter entity, service center,
or shared services arrangement] was terminated and there is
evidence that the person [educator]:
(A) abused or otherwise committed an unlawful act
with a student or minor, including by:
(i) engaging in conduct that causes bodily
injury or serious mental deficiency, impairment, or injury or
constitutes a threat of violence to a student or minor and that is
not justified under Chapter 9, Penal Code;
(ii) engaging in the offense of child
grooming under Section 15.032, Penal Code; or
(iii) engaging in sexual advances, requests
for sexual favors or images, or other verbal or physical conduct of
a sexual nature with a student or minor;
(B) [(A-1)] was involved in a romantic
relationship with or solicited or engaged in sexual contact with a
student or minor;
(C) engaged in a communication with a student or
minor, with intent to arouse or gratify the sexual desire of any
person immediately before, during, or immediately after the
communication, that involved:
(i) a message between the person and the
student or minor without:
(a) written consent of the student's
or minor's parent or guardian; or
(b) the inclusion of the student's or
minor's parent or guardian, a school administrator, or the entire
student body of the campus at which the person was employed;
(ii) a personal discussion unrelated to
educational needs; or
(iii) contact through personal social
media;
(D) engaged in a communication with a student or
minor with intent to coerce the student or minor to conceal a
communication described by Paragraph (C) from the student's or
minor's parent or guardian, school administrators, or law
enforcement;
(E) [(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.;
(F) [(C)] illegally transferred, appropriated,
or expended funds or other property of the educational entity
[school district, district of innovation, charter school, other
charter entity, service center, or shared services arrangement];
(G) [(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
(H) [(E)] committed a criminal offense or any
part of a criminal offense on school property or at a
school-sponsored event;
(3) a person employed by or contracting with the
educational entity [the educator] resigned or terminated the
contractor's contract, as applicable, and there is evidence that
the person [educator] engaged in misconduct described by
Subdivision (2);
(4) the superintendent or director becomes aware that
a person employed by or contracting with the educational entity is
alleged to have engaged in misconduct described by Subdivision
(2)(A), (B), (C), or (D); or
(5) a person employed by the educational entity [(4)
the educator] engaged in conduct that violated the assessment
instrument security procedures established under Section 39.0301.
(b) [(b-1)] A superintendent or director of an educational
entity [a school district, district of innovation, open-enrollment
charter school, other charter entity, regional education service
center, or shared services arrangement] shall complete an
investigation of a person [an educator] that involves evidence that
the person [educator] may have engaged in misconduct described by
Subsection (a)(2)(A), (B), (C), or (D) [(b)(2)(A) or (A-1)],
despite the person's [educator's] resignation from employment
before completion of the investigation.
(c) [(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 48 hours [the seventh
business day] after [the date]:
(1) a person's [of an educator's] termination of
employment or resignation or termination of a contractor's contract
following an alleged incident of misconduct described by Subsection
(a) [(b)]; [or]
(2) the principal knew about a person's [an
educator's] criminal record under Subsection (a)(1); or
(3) the principal becomes aware of an allegation of
misconduct described by Subsection (a)(2)(A), (B), (C), or (D)
[(b)(1)].
(d) The [(c) Except as provided by Subsection (c-2), the]
superintendent or director must notify the agency [State Board for
Educator Certification] by filing a report with the agency [board]
not later than 48 hours [the seventh business day] after [the date]
the superintendent or director:
(1) receives notice [a report] from a principal under
Subsection (c);
(2) [(b-2) or] knew about a person's [an educator's]
termination of employment or resignation or termination of a
contractor's contract following an alleged incident of misconduct
described by Subsection (a) [(b)] or a person's [an employee's]
criminal record under Subsection (a)(1); or
(3) became aware of an allegation of misconduct
described by Subsection (a)(2)(A), (B), (C), or (D) [(b)(1)].
(e) [(c-1)] The report under Subsection (d) [(c):
[(1)] must be[:
[(A) in writing; and
[(B) in a form prescribed by the board; and
[(2) may be] filed through the Internet portal
developed and maintained by the agency [State Board for Educator
Certification] under Section 22A.152 [Subsection (g-1)].
(f) [(c-2) A superintendent or director of a school
district, district of innovation, open-enrollment charter school,
regional education service center, or shared services arrangement
is not required to notify the State Board for Educator
Certification or file a report with the board under Subsection (b)
or (c) if the superintendent or director:
[(1) completes an investigation into an educator's
alleged incident of misconduct described by Subsection (b)(2)(A) or
(A-1) before the educator's termination of employment or
resignation; and
[(2) determines the educator did not engage in the
alleged incident of misconduct described by Subsection (b)(2)(A) or
(A-1).
[(d)] The superintendent or director shall provide to
[notify] the board of trustees or governing body of the educational
entity [school district, open-enrollment charter school, other
charter entity, regional education service center, or shared
services arrangement] and the person a copy [educator of the
filing] of the report filed under [required by] Subsection (d)
[(c)].
(g) [(e)] A superintendent, director, or principal of an
educational entity [a school district, district of innovation,
open-enrollment charter school, other charter entity, regional
education service center, or shared services arrangement] who in
good faith and while acting in an official capacity files a report
with the agency [State Board for Educator Certification] under this
section or communicates with another superintendent, director, or
principal concerning a person's [an educator's] criminal record or
alleged incident of misconduct is immune from civil or criminal
liability that might otherwise be incurred or imposed.
(h) [(f)] The board [State Board for Educator
Certification] shall determine whether to impose sanctions,
including an administrative penalty under Subsection (k) [(i)],
against a principal who fails to provide notification to a
superintendent or director in violation of Subsection (c) [(b-2)]
or against a superintendent or director who fails to file a report
in violation of Subsection (d) [(c)].
(i) [(g)] The commissioner shall adopt and the board [State
Board for Educator Certification] shall propose rules as necessary
to implement this section. In adopting rules to implement this
section, the commissioner shall adopt rules that provide for
transparency measures.
(j) [(g-1) The State Board for Educator Certification
shall develop and maintain an Internet portal through which a
report required under Subsection (c) may be confidentially and
securely filed.
[(h)] The name of a student or minor who is the victim of
abuse or unlawful conduct by a person described by Subsection (a)
[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.
(k) [(i)] If an educator serving as a superintendent or
director is required to file a report under Subsection (d) [(c)] and
fails to file the report by the date required by 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 (c) [(b-2)] and
fails to provide the notice by the date required by that subsection,
the board [State Board for Educator Certification] may impose on
the educator an administrative penalty of not less than $500 and not
more than $10,000. The board [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.
(l) [(j)] A superintendent or director required to file a
report under Subsection (d) [(c)] commits an offense if the
superintendent or director fails to file the report by the date
required by that subsection [with intent to conceal an educator's
criminal record or alleged incident of misconduct]. A principal
required to notify a superintendent or director about a person's
[an educator's] criminal record or alleged incident of misconduct
under Subsection (c) [(b-2)] commits an offense if the principal
fails to provide the notice by the date required by that subsection
[with intent to conceal an educator's criminal record or alleged
incident of misconduct]. An offense under this subsection is a
state jail felony.
(m) [(k)] The commissioner shall periodically, randomly, or
on request by a member of the legislature conduct site visits and
[may] review the records of an educational entity [a school
district, district of innovation, open-enrollment charter school,
other charter entity, regional education service center, or shared
services arrangement] to ensure compliance with the requirement to
report misconduct under this section.
SECTION 1.08. (a) This section takes effect only if H.B.
1025, 89th Legislature, Regular Session, 2025, becomes law.
(b) Section 22A.051, Education Code, as added by this Act,
is amended by adding Subsection (d-1) to read as follows:
(d-1) Not later than 24 hours after receiving a report under
Subsection (d), the agency shall notify the division of inspector
general established under Subchapter E, Chapter 7, and the division
of inspector general shall conduct an investigation into the
allegation of misconduct in accordance with that subchapter.
SECTION 1.09. Subchapter B, Chapter 22A, Education Code, as
added by this Act, is amended by adding Sections 22A.052 and 22A.053
to read as follows:
Sec. 22A.052. CONCEALMENT OF MISCONDUCT. (a)
Notwithstanding any other law, if the board of trustees of a school
district or the governing body of an open-enrollment charter school
or other charter entity determines that a superintendent,
principal, or other district or school employee intentionally or
knowingly concealed or delayed the reporting of a person's
misconduct described by Section 22A.051(a)(2)(A), (B), (C), or (D),
the board or governing body shall immediately terminate the
employment of that superintendent, principal, or other employee.
(b) The board of trustees of a school district or the
governing body of an open-enrollment charter school or other
charter entity must include in the employment contract of a person
who is required to report misconduct under Section 22A.051 a
provision that the person's employment will be terminated if the
person engages in conduct described by Subsection (a).
Sec. 22A.053. REQUIREMENT TO REPORT MISCONDUCT TO LAW
ENFORCEMENT; OFFENSE. (a) Not later than 48 hours after the
superintendent or director of an educational entity becomes aware
that an employee of or contractor with the entity is alleged to have
engaged in conduct described by Section 22A.051(a)(2)(A), (B), (C),
or (D), the superintendent or director shall report the allegation
and provide any evidence possessed by the superintendent or
director regarding the allegation to the appropriate local law
enforcement agency and prosecuting attorney.
(b) For purposes of making a report under Subsection (a), an
appropriate local law enforcement agency does not include a police
department operated by the educational entity.
(c) A superintendent or director described by Subsection
(a) commits an offense if the superintendent or director, with
intent to conceal a person's conduct, fails to make the report or
provide evidence as required by Subsection (a). An offense under
this subsection is a state jail felony.
(d) If conduct that constitutes an offense under this
section also constitutes an offense under Section 261.109, Family
Code, the actor may be prosecuted only under this section.
SECTION 1.10. Section 21.0061, Education Code, is
transferred to Subchapter B, Chapter 22A, Education Code, as added
by this Act, redesignated as Section 22A.054, Education Code, and
amended to read as follows:
Sec. 22A.054 [21.0061]. NOTICE [TO PARENT OR GUARDIAN]
ABOUT [EDUCATOR] MISCONDUCT; CIVIL PENALTY. (a) As soon as
practicable but not later than 24 hours after becoming aware that an
employee or contractor is alleged to have engaged in misconduct
described by Section 22A.051(a)(2)(A), (B), (C), or (D), the [The]
board of trustees or governing body of an educational entity [a
school district, district of innovation, open-enrollment charter
school, other charter entity, regional education service center, or
shared services arrangement] shall provide [adopt a policy under
which] notice [is provided] to:
(1) the parent or guardian of a student with whom the
person [an educator] is alleged to have engaged in the misconduct
[described by Section 21.006(b)(2)(A) or (A-1)] informing the
parent or guardian:
(A) [(1)] that the alleged misconduct occurred;
(B) [(2)] whether the person [educator] was
terminated following an investigation of the alleged misconduct or
resigned before completion of the investigation; and
(C) [(3)] whether a report was submitted to the
agency [State Board for Educator Certification] concerning the
alleged misconduct; and
(2) students and staff who were potentially impacted
by the misconduct regarding guidance, resources, and contact
information for a person to whom students or staff may provide
information regarding the misconduct.
(b) The board of trustees or governing body of an
educational entity is liable to the state for a civil penalty in an
amount of $1,000 for each day in which the board or governing body
is not in compliance with Subsection (a). The board or governing
body must publicly disclose the penalty amount and the reason for
the penalty at the board's or governing body's next meeting. [The
policy required by this section must require that information
specified by Subsection (a)(1) be provided as soon as feasible
after the employing entity becomes aware that alleged misconduct
may have occurred.
[(c) In this section, "other charter entity" has the meaning
assigned by Section 21.006.]
SECTION 1.11. Sections 21.007 and 21.009, Education Code,
are transferred to Subchapter B, Chapter 22A, Education Code, as
added by this Act, redesignated as Sections 22A.055 and 22A.056,
Education Code, and amended to read as follows:
Sec. 22A.055 [21.007]. NOTICE ON CERTIFICATION RECORD OF
ALLEGED MISCONDUCT. (a) [In this section, "board" means the State
Board for Educator Certification.
[(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 determined by the board].
(b) [(c)] The board must notify an educator in writing when
placing a notice of an alleged incident of misconduct on the public
certification records of the educator.
(c) [(d)] The board must provide an opportunity for an
educator to show cause why the notice should not be placed on the
educator's public certification records. The board shall propose
rules establishing the length of time that a notice may remain on
the educator's public certification records before the board must:
(1) initiate a proceeding to impose a sanction on the
educator on the basis of the alleged misconduct; or
(2) remove the notice from the educator's public
certification records.
(d) [(e)] If it is determined that the educator has not
engaged in the alleged incident of misconduct, the board shall
immediately remove the notice from the educator's public
certification records.
(e) [(f)] The board shall propose rules necessary to
administer this section.
Sec. 22A.056 [21.009]. PRE-EMPLOYMENT AFFIDAVIT. (a) An
applicant for employment with an educational entity, or an
applicant for a position described by Section 21.003(a) or (b) with
a [school district, district of innovation, open-enrollment
charter school,] private school, [regional education service
center, or shared services arrangement] must submit, using a form
adopted by the agency, a pre-employment affidavit disclosing
whether the applicant has ever been charged with, adjudicated for,
or convicted of an offense involving misconduct described by
Section 22A.051(a)(2) [having an inappropriate relationship with a
minor].
(b) An applicant who answers affirmatively concerning an
offense involving misconduct described by Section 22A.051(a)(2)
[inappropriate relationship with a minor] must disclose in the
affidavit all relevant facts pertaining to the charge,
adjudication, or conviction, including, for a charge, whether the
charge was determined to be true or false.
(c) An applicant is not precluded from being employed based
on a disclosed charge if the employing entity determines based on
the information disclosed in the affidavit that the charge was
false.
(d) On determining [A determination] that an employee
failed to disclose information required to be disclosed by an
applicant under this section, the educational entity or private
school at which the employee is employed shall terminate the
employee's [is grounds for termination of] employment.
(e) The board [State Board for Educator Certification] may
revoke the certificate of an administrator if the board determines
it is reasonable to believe that the administrator employed an
applicant [for a position] described by Subsection (a) [Section
21.003(a) or (b)] despite being aware that the applicant had been
adjudicated for or convicted of having an inappropriate
relationship with a minor.
SECTION 1.12. Chapter 22A, Education Code, as added by this
Act, is amended by adding Subchapter C, and a heading is added to
that subchapter to read as follows:
SUBCHAPTER C. INVESTIGATION OF MISCONDUCT
SECTION 1.13. Section 22.094, Education Code, is
transferred to Subchapter C, Chapter 22A, Education Code, as added
by this Act, redesignated as Section 22A.101, Education Code, and
amended to read as follows:
Sec. 22A.101 [22.094]. NOTICE OF ALLEGED MISCONDUCT;
INVESTIGATION; HEARING. (a) A person who is employed by or
contracting with an educational entity, who does not hold a
certification or permit issued under Subchapter B, Chapter 21,
[described by Section 22.093(b)] and who is the subject of a report
that alleges misconduct described by Section 22A.051(a)(2)(A),
(B), (C), or (D) [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.
(b) On receiving a report filed under Section 22A.051(d)
[22.093(f)] or making an identification described by Subsection (a)
regarding a person described by Subsection (a), the commissioner
shall promptly send to the person who is the subject of the report
or identification a notice that includes:
(1) a statement informing the person that the person
must request a hearing on the merits of the allegations of
misconduct within the period provided by Subsection (c);
(2) a request that the person submit a written
response within the period provided by Subsection (c) to show cause
why the commissioner should not pursue an investigation; and
(3) a statement informing the person that if the
person does not timely submit a written response to show cause as
provided by Subdivision (2), the agency shall provide information
indicating the person is under investigation in the manner provided
by Subsection (d).
(c) A person entitled to a hearing under Subsection (a) must
request a hearing and submit a written response to show cause not
later than the 10th day after the date the person receives the
notice from the commissioner provided under Subsection (b).
(d) If a person who receives notice provided under
Subsection (b) does not timely submit a written response to show
cause why the commissioner should not pursue an investigation, the
commissioner shall instruct the agency to make available through
the Internet portal developed and maintained by the agency under
Section 22A.152 [22.095] information indicating that the person is
under investigation for alleged misconduct.
(e) If a person entitled to a hearing under Subsection (a)
does not request a hearing as provided by Subsection (c), the
commissioner shall:
(1) based on the report filed under Section 22A.051(d)
[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 22A.051(a)(2)(A), (B),
(C), or (D) [22.093(c)(1)(A) or (B)], instruct the agency to add the
person's name to the registry maintained under Section 22A.151
[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 22A.051(a)(2)(A), (B), (C), or (D)
[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 22A.151 [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 22A.051(a)(2)(A), (B), (C), or
(D) [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 22A.152 [22.095] the
information indicating that the person is under investigation for
alleged misconduct.
(h) The commissioner shall adopt rules as necessary to
implement this section.
SECTION 1.14. Section 21.062, Education Code, is
transferred to Subchapter C, Chapter 22A, Education Code, as added
by this Act, redesignated as Section 22A.102, Education Code, and
amended to read as follows:
Sec. 22A.102 [21.062]. ISSUANCE OF SUBPOENAS. (a) During
an investigation by the commissioner of an educator or person who is
employed by or contracting with an educational entity for an
alleged incident of misconduct, the commissioner may issue a
subpoena to compel:
(1) the attendance of a relevant witness; or
(2) the production, for inspection or copying, of
relevant evidence that is located in this state.
(b) A subpoena may be served personally or by certified
mail.
(c) If a person fails to comply with a subpoena, the
commissioner, acting through the attorney general, may file suit to
enforce the subpoena in a district court in this state. On finding
that good cause exists for issuing the subpoena, the court shall
order the person to comply with the subpoena. The court may punish
a person who fails to obey the court order.
(d) All information and materials subpoenaed or compiled in
connection with an investigation described by Subsection (a) are
confidential and not subject to disclosure under Chapter 552,
Government Code.
(e) Except as provided by a protective order, and
notwithstanding Subsection (d), all information and materials
subpoenaed or compiled in connection with an investigation
described by Subsection (a) may be used in a disciplinary
proceeding against a person [an educator] based on an alleged
incident of misconduct.
SECTION 1.15. Subchapter C, Chapter 22A, Education Code, as
added by this Act, is amended by adding Section 22A.103 to read as
follows:
Sec. 22A.103. MANDATORY TERMINATION OR REVOCATION OF
CERTIFICATE OF EMPLOYEE WHO ATTEMPTS TO RESIGN OR SURRENDER
CERTIFICATE PENDING INVESTIGATION. (a) If a person employed by an
educational entity attempts to resign while the educational entity
is investigating an allegation that the person engaged in
misconduct described by Section 22A.051(a)(2)(A), (B), (C), or (D),
the educational entity:
(1) may not accept the person's resignation;
(2) shall terminate the person's employment; and
(3) shall complete the investigation.
(b) If a person issued a certificate under Subchapter B,
Chapter 21, attempts to surrender the certificate while the board
is investigating an allegation that the person engaged in
misconduct described by Section 22A.051(a)(2)(A), (B), (C), or (D),
the board:
(1) may not accept the surrender;
(2) shall revoke the certificate; and
(3) shall complete the investigation.
(c) The termination of a person's employment or revocation
of a person's certificate under this section does not preclude an
educational entity or the board from completing an investigation of
an allegation that the person engaged in misconduct described by
Section 22A.051(a)(2)(A), (B), (C), or (D) or the board from
imposing penalties on the person if the board determines that the
person engaged in the misconduct.
SECTION 1.16. Chapter 22A, Education Code, as added by this
Act, is amended by adding Subchapter D, and a heading is added to
that subchapter to read as follows:
SUBCHAPTER D. PERSONS NOT ELIGIBLE FOR EMPLOYMENT OR VOLUNTEERING
SECTION 1.17. Section 22.092, Education Code, is
transferred to Subchapter D, Chapter 22A, Education Code, as added
by this Act, redesignated as Section 22A.151, Education Code, and
amended to read as follows:
Sec. 22A.151 [22.092]. REGISTRY OF PERSONS NOT ELIGIBLE FOR
EMPLOYMENT OR VOLUNTEERING IN PUBLIC SCHOOLS. (a) The agency shall
maintain and make available through the Internet portal developed
and maintained by the agency under Section 22A.152 [22.095] a
registry of persons who are not eligible to be employed by or
volunteer at an educational entity [a school district, district of
innovation, open-enrollment charter school, other charter entity,
regional education service center, or shared services
arrangement].
(b) An educational entity [A school district, district of
innovation, open-enrollment charter school, other charter entity,
regional education service center, or shared services arrangement]
shall discharge or refuse to hire, or terminate or refuse to accept
volunteer services from, a person listed on the registry maintained
under this section.
(c) A contractor who provides services to an educational
entity may not assign duties at the entity to a person listed on the
registry maintained under this section.
(d) The registry maintained under this section must list the
following persons as not eligible to be employed by or volunteer at
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 22A.154(b) [21.058(b)];
(4) a person whose certification or permit, or
application for a certification or permit, issued under Subchapter
B, Chapter 21, is denied or revoked by the board [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 whose certification or permit issued
under Subchapter B, Chapter 21, is suspended by the board for a
reason other than under Section 21.105(c), 21.160(c), or 21.210(c)
for the period of the suspension;
(6) a person who is determined by the commissioner
under Section 22A.101 [22.094] to have engaged in misconduct
described by Section 22A.051(a)(2)(A), (B), (C), or (D)
[22.093(c)(1)(A) or (B)]; and
(7) a person for whom the agency receives notice under
Article 42.018, Code of Criminal Procedure.
(e) A person described by Subsection (d) must be listed on
the registry maintained under this section regardless of whether
the person resigned from the person's position before the
completion of an investigation into the alleged misconduct.
(f) [(d)] The agency shall provide equivalent access to the
registry maintained under this section to:
(1) private schools;
(2) public schools; [and]
(3) nonprofit teacher organizations approved by the
commissioner for the purpose of participating in the tutoring
program established under Section 33.913; and
(4) contractors who provide services to an educational
entity.
(g) [(e)] The commissioner [agency] shall adopt rules as
necessary to implement this section, including rules that provide
for transparency measures.
SECTION 1.18. Sections 22.095 and 22.096, Education Code,
are transferred to Subchapter D, Chapter 22A, Education Code, as
added by this Act, redesignated as Sections 22A.152 and 22A.153,
Education Code, and amended to read as follows:
Sec. 22A.152 [22.095]. INTERNET PORTAL. (a) The agency
shall develop and maintain an Internet portal through which:
(1) a report required under Section 22A.051(d)
[22.093(f)] may be confidentially and securely filed; [and]
(2) the agency provides:
(A) electronic confirmation to the person filing
a report under Subdivision (1) that the report has been received;
and
(B) notice to the parent or guardian of a student
or minor involved in an allegation of misconduct included in the
report that the report has been submitted; and
(3) the agency makes available:
(A) the registry of persons who are not eligible
to be employed in public schools as described by Section 22A.151
[22.092]; and
(B) information indicating that a person is under
investigation for alleged misconduct in accordance with Section
22A.101(d) [22.094(d)], provided that the agency must provide the
information through a procedure other than the registry described
under Paragraph (A).
(b) The agency shall develop a form on which a report
described by Subsection (a)(1) made through the Internet portal
must be submitted and ensure that each field on the form includes a
uniform standard of data entry and must be completed before the form
may be submitted.
(c) Not later than 48 hours after receipt of a report
concerning an educator under this section, the agency shall submit
the report to the board.
Sec. 22A.153 [22.096]. COMPLIANCE MONITORING. The agency
shall periodically, randomly, or on request by a member of the
legislature conduct site visits and review the records of
educational entities [school districts, districts of innovation,
open-enrollment charter schools, other charter entities, regional
education service centers, and shared services arrangements] to
ensure compliance with Section 22A.151(b) [22.092(b)].
SECTION 1.19. Section 21.058, Education Code, is
transferred to Subchapter D, Chapter 22A, Education Code, as added
by this Act, redesignated as Section 22A.154, Education Code, and
amended to read as follows:
Sec. 22A.154 [21.058]. REVOCATION OF CERTIFICATE, [AND]
TERMINATION OF EMPLOYMENT, AND LISTING ON REGISTRY BASED ON
CONVICTION OF OR PLACEMENT ON DEFERRED ADJUDICATION COMMUNITY
SUPERVISION FOR CERTAIN OFFENSES. (a) The procedures described by
this section [Subsections (b) and (c)] apply only to[:
[(1)] conviction of or placement on deferred
adjudication community supervision for:
(1) an offense for which a defendant is required to
register as a sex offender under Chapter 62, Code of Criminal
Procedure;
(2) [conviction of] a felony offense under Title 4,
Title 5, or Title 8, Penal Code[, if the victim of the offense was
under 18 years of age at the time the offense was committed]; or
(3) [conviction of or placement on deferred
adjudication community supervision for] an offense under Chapter 43
[Section 43.24], Penal Code.
(b) Notwithstanding Section 21.041(b)(7), not later than
the fifth day after the date the agency or board receives notice
under Article 42.018, Code of Criminal Procedure, of the conviction
or placement on deferred adjudication community supervision of a
person who holds a certificate under Subchapter B, Chapter 21 or who
is employed by a school district or open-enrollment charter school:
(1) the agency shall:
(A) list the person in the registry maintained
under Section 22A.151; and
(B) provide to the person and to any school
district or open-enrollment charter school employing the person at
the time of the inclusion in the registry written notice of:
(i) the listing in the registry; and
(ii) the basis for the listing; and
(2) if applicable [this subchapter], the board shall:
(A) [(1)] revoke the certificate held by the
person; and
(B) [(2)] provide to the person[, to the agency,]
and to any school district or open-enrollment charter school
employing the person at the time of revocation written notice of:
(i) [(A)] the revocation; and
(ii) [(B)] the basis for the revocation.
(c) A school district or open-enrollment charter school
that receives notice under Subsection (b) of the listing of a person
in the registry maintained under Section 22A.151 or the revocation
of a person's certificate issued under Subchapter B, Chapter 21,
[this subchapter] shall:
(1) immediately remove the person [whose certificate
has been revoked] from campus or from an administrative office, as
applicable, to prevent the person from having any contact with a
student; [and]
(2) for a [if the] person [is] employed under a
probationary, continuing, or term contract under Chapter 21 [this
chapter], with the approval of the board of trustees or governing
body or a designee of the board or governing body:
(A) suspend the person without pay;
(B) provide the person with written notice that
the person's contract is void as provided by Subsection (e)
[(c-2)]; and
(C) terminate the employment of the person the
day notice is received; and
(3) for a person not described by Subdivision (2),
terminate the employment of the person the day notice is received
[as soon as practicable].
(d) [(c-1)] If a school district or open-enrollment charter
school becomes aware that a person employed by the district or
school [under a probationary, continuing, or term contract under
this chapter] has been convicted of or received deferred
adjudication for a felony offense, and the person is not subject to
Subsection (c), the district or school may:
(1) for a person employed under a probationary,
continuing, or term contract under this chapter, with the approval
of the board of trustees or governing body or a designee of the
board of trustees or governing body:
(A) [(1)] suspend the person without pay;
(B) [(2)] provide the person with written notice
that the person's contract is void as provided by Subsection (e)
[(c-2)]; and
(C) [(3)] terminate the employment of the person
as soon as practicable; or
(2) for a person not described by Subdivision (1),
terminate the employment of the person as soon as practicable.
(e) [(c-2)] A person's probationary, continuing, or term
contract under Chapter 21 is void if, with the approval of the board
of trustees or governing body or a designee of the board or
governing body, the school district or open-enrollment charter
school takes action under Subsection (c)(2)(B) or (d)(1)(B)
[(c-1)(2)].
(f) [(d)] A person whose certificate is revoked under
Subsection (b) may reapply for a certificate in accordance with
board rules.
(g) [(e)] Action taken by a school district or
open-enrollment charter school under Subsection (c) or (d) [(c-1)]
is not subject to appeal under this chapter, and the notice and
hearing requirements of this chapter do not apply to the action.
SECTION 1.20. Section 22.085, Education Code, is
transferred to Subchapter D, Chapter 22A, Education Code, as added
by this Act, redesignated as Section 22A.155, Education Code, and
amended to read as follows:
Sec. 22A.155 [22.085]. EMPLOYEES AND APPLICANTS CONVICTED
OF OR PLACED ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR
CERTAIN OFFENSES. (a) An educational entity [A school district,
open-enrollment charter school, or shared services arrangement]
shall discharge or refuse to hire an employee or applicant for
employment if the entity [district, school, or shared services
arrangement] obtains information through a criminal history record
information review that the employee or applicant has been[:
[(1)] convicted of or placed on deferred adjudication
community supervision for:
(1) an offense for which a defendant is required to
register as a sex offender under Chapter 62, Code of Criminal
Procedure; [or]
(2) [convicted of:
[(A)] a felony offense under Title 4, Title 5, or
Title 8, Penal Code[, if the victim of the offense was under 18
years of age at the time the offense was committed];
(3) an offense under Chapter 43, Penal Code; or
(4) [(B)] an offense under the laws of another state
or federal law that is equivalent to an offense under Subdivision
(1), (2), or (3) [Paragraph (A)].
(b) Subsection (a) does not apply if the employee or
applicant for employment committed an offense under Title 4, Title
5, or Title 8, Penal Code and:
(1) the date of the offense is more than 30 years
before:
(A) the effective date of S.B. No. 9, Acts of the
80th Legislature, Regular Session, 2007, in the case of a person
employed by a school district, open-enrollment charter school, or
shared services arrangement as of that date; or
(B) the date the person's employment will begin,
in the case of a person applying for employment with a school
district, open-enrollment charter school, or shared services
arrangement after the effective date of S.B. No. 9, Acts of the 80th
Legislature, Regular Session, 2007; and
(2) the employee or applicant for employment satisfied
all terms of the court order entered on conviction.
(c) An educational entity [A school district,
open-enrollment charter school, or shared services arrangement]
may not allow a person who is an employee of or applicant for
employment by a qualified school contractor or an entity that
contracts with the entity [district, school, or shared services
arrangement] to serve [at the district or school or] for the entity
[shared services arrangement] if the entity [district, school, or
shared services arrangement] obtains information described by
Subsection (a) through a criminal history record information review
concerning the employee or applicant. An educational entity [A
school district, open-enrollment charter school, or shared
services arrangement] must ensure that an entity that the
educational entity [district, school, or shared services
arrangement] contracts with for services has obtained all criminal
history record information as required by Section 22.0834.
(d) An educational entity or [A school district,
open-enrollment charter school,] private school[, regional
education service center, or shared services arrangement] may
discharge an employee if the entity [district] or school obtains
information of the employee's conviction of a felony or of a
misdemeanor involving moral turpitude that the employee did not
disclose to the board [State Board for Educator Certification] or
the entity or [district,] school[, service center, or shared
services arrangement]. An employee discharged under this section
is considered to have been discharged for misconduct for purposes
of Section 207.044, Labor Code.
(e) The board [State Board for Educator Certification] may
impose a sanction on an educator, or the agency may impose a
sanction on an employee who is not an educator, who does not
discharge another [an] employee or refuse to hire an applicant for
employment if the educator or employee knows or should have known,
through a criminal history record information review, that the
other employee or applicant has been[:
[(1)] convicted of or placed on deferred adjudication
community supervision for an offense described by Subsection (a)
[(a)(1); or
[(2) convicted of an offense described by Subsection
(a)(2)].
(f) Each school year, the superintendent of a school
district or chief operating officer of an open-enrollment charter
school shall certify to the commissioner that the district or
school has complied with this section.
SECTION 1.21. Chapter 22A, Education Code, as added by this
Act, is amended by adding Subchapter E to read as follows:
SUBCHAPTER E. OTHER REPORTING REQUIREMENTS
Sec. 22A.201. REPORT BY EDUCATIONAL ENTITIES TO AGENCY. An
educational entity shall include in the entity's Public Education
Information Management System (PEIMS) report the number of
employees alleged to have engaged in misconduct described by
Section 22A.051(a)(2)(A), (B), (C), or (D) during the preceding
school year, disaggregated by whether the employee is an educator
and type of misconduct.
Sec. 22A.202. REPORT BY AGENCY. (a) The agency, in
cooperation with the board, shall, on a quarterly basis, submit to
the legislature and post on the agency's Internet website a report
on employee misconduct reported under this chapter.
(b) A report under Subsection (a) must include the number of
employees added to the registry maintained under Section 22A.151
for misconduct described by Section 22A.051(a)(2)(A), (B), (C), or
(D), disaggregated by type of misconduct, house district, senate
district, and, if applicable, school district.
SECTION 1.22. Chapter 22A, Education Code, as added by this
Act, is amended by adding Subchapter F, and a heading is added to
that subchapter to read as follows:
SUBCHAPTER F. REQUIRED MISCONDUCT REPORTING: PRIVATE SCHOOLS
SECTION 1.23. Section 21.0062, Education Code, is
transferred to Subchapter F, Chapter 22A, Education Code, as added
by this Act, redesignated as Section 22A.251, Education Code, and
amended to read as follows:
Sec. 22A.251 [21.0062]. REQUIREMENT TO REPORT MISCONDUCT:
PRIVATE SCHOOLS. (a) In this section, "private [:
[(1) "Abuse" has the meaning assigned by Section
261.001, Family Code, and includes any sexual conduct involving a
student or minor and private school educator.
[(2) "Private] school educator" means a person
employed by or seeking employment in a private school for a position
in which the person would be required to hold a certificate issued
under Subchapter B, Chapter 21, if the person were employed by a
school district.
(b) In addition to the reporting requirement under Section
261.101, Family Code, the chief administrative officer of a private
school shall notify the board [State Board for Educator
Certification] if a private school educator:
(1) has a criminal record and the private school
obtained information about the educator's criminal record; or
(2) was terminated and there is evidence that the
educator:
(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) If there is evidence that a private school educator may
have engaged in misconduct described by Subsection (b) and the
educator resigns from employment before completion of the
investigation, the chief administrative officer of the private
school shall submit the evidence of misconduct collected to the
board [State Board for Educator Certification].
(d) The chief administrative officer of the private school
must notify the board [State Board for Educator Certification] by
filing a report with the board not later than the seventh business
day after the date the chief administrative officer knew that a
private school educator:
(1) has a criminal record under Subsection (b)(1); or
(2) was terminated following an alleged incident of
misconduct described by Subsection (b)(2).
(e) The report filed under Subsection (d) must be:
(1) in writing; and
(2) in a form prescribed by the board.
(f) Any person who knows or has reason to believe that a
private school educator engaged in the misconduct described by
Subsection (b)(2) may file a report with the board [State Board for
Educator Certification] under this section.
(g) A chief administrative officer of a private school or
any other person who in good faith files a report with the board
[State Board for Educator Certification] under this section or
communicates with a chief administrative officer or other
administrator of a private school concerning the criminal record of
or an alleged incident of misconduct by a private school educator is
immune from civil or criminal liability that might otherwise be
incurred or imposed.
(h) The name of a student or minor who is the victim of abuse
or unlawful conduct by a private school 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) The board [State Board for Educator Certification]
shall propose rules as necessary to implement this section.
ARTICLE 2. CONFORMING CHANGES
SECTION 2.01. Section 7.028(a), Education Code, is amended
to read as follows:
(a) Except as provided by Section 22A.051(m) [21.006(k)],
22A.153 [22.093(l), 22.096], 28.006, 29.001(5), 29.010(a),
33.006(h), 37.1083, 37.1084, 38.003, or 39.003, the agency may
monitor compliance with requirements applicable to a process or
program provided by a school district, campus, program, or school
granted charters under Chapter 12, including the process described
by Subchapter F, Chapter 11, or a program described by Subchapter B,
C, D, E, F, H, or I, Chapter 29, or Subchapter A, Chapter 37, only as
necessary to ensure:
(1) compliance with federal law and regulations;
(2) financial accountability, including compliance
with grant requirements;
(3) data integrity for purposes of:
(A) the Public Education Information Management
System (PEIMS); and
(B) accountability under Chapters 39 and 39A; and
(4) qualification for funding under Chapter 48.
SECTION 2.02. Section 12.0271, Education Code, is amended
to read as follows:
Sec. 12.0271. FAILURE TO DISCHARGE OR REFUSE TO HIRE OR
TERMINATE OR REFUSE SERVICES FROM CERTAIN EMPLOYEES, [OR]
APPLICANTS, OR VOLUNTEERS. A home-rule school district commits a
material violation of the school district's charter if the school
district fails to comply with the duty to discharge or refuse to
hire, or terminate or refuse to accept volunteer services from,
certain employees, [or] applicants for employment, or volunteers
under Section 22A.151 or 22A.155, as applicable [22.085 or 22.092].
SECTION 2.03. Section 12.0631, Education Code, is amended
to read as follows:
Sec. 12.0631. FAILURE TO DISCHARGE OR REFUSE TO HIRE OR
TERMINATE OR REFUSE SERVICES FROM CERTAIN EMPLOYEES, [OR]
APPLICANTS, OR VOLUNTEERS. A campus or campus program granted a
charter under this subchapter commits a material violation of its
charter if the campus or program fails to comply with the duty to
discharge or refuse to hire, or terminate or refuse to accept
volunteer services from, certain employees, [or] applicants for
employment, or volunteers under Section 12.1059, 22A.151, or
22A.155, as applicable [22.085, or 22.092].
SECTION 2.04. Section 12.104(b), Education Code, is amended
to read as follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense;
(2) the provisions in Chapter 554, Government Code;
and
(3) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) reading instruments and accelerated reading
instruction programs under Section 28.006;
(D) accelerated instruction under Section
28.0211;
(E) high school graduation requirements under
Section 28.025;
(F) special education programs under Subchapter
A, Chapter 29;
(G) bilingual education under Subchapter B,
Chapter 29;
(H) prekindergarten programs under Subchapter E
or E-1, Chapter 29, except class size limits for prekindergarten
classes imposed under Section 25.112, which do not apply;
(I) extracurricular activities under Section
33.081;
(J) discipline management practices or behavior
management techniques under Section 37.0021;
(K) health and safety under Chapter 38;
(L) the provisions of Subchapter A, Chapter 39;
(M) public school accountability and special
investigations under Subchapters A, B, C, D, F, G, and J, Chapter
39, and Chapter 39A;
(N) the requirement under Section 22A.051
[21.006] to report an educator's misconduct;
(O) intensive programs of instruction under
Section 28.0213;
(P) the right of a school employee to report a
crime, as provided by Section 37.148;
(Q) bullying prevention policies and procedures
under Section 37.0832;
(R) the right of a school under Section 37.0052
to place a student who has engaged in certain bullying behavior in a
disciplinary alternative education program or to expel the student;
(S) the right under Section 37.0151 to report to
local law enforcement certain conduct constituting assault or
harassment;
(T) a parent's right to information regarding the
provision of assistance for learning difficulties to the parent's
child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
(U) establishment of residency under Section
25.001;
(V) school safety requirements under Sections
37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,
37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and
37.2071 and Subchapter J, Chapter 37;
(W) the early childhood literacy and mathematics
proficiency plans under Section 11.185;
(X) the college, career, and military readiness
plans under Section 11.186; and
(Y) parental options to retain a student under
Section 28.02124.
SECTION 2.05. Section 12.1059, Education Code, is amended
to read as follows:
Sec. 12.1059. REQUIREMENTS FOR EMPLOYMENT OF CERTAIN
EMPLOYEES. A person may not be employed by or serve as a teacher,
librarian, educational aide, administrator, or school counselor
for an open-enrollment charter school unless:
(1) the person has been approved by the agency
following a review of the person's national criminal history record
information as provided by Section 22.0832; and
(2) the school has confirmed that the person is not
included in the registry under Section 22A.151 [22.092].
SECTION 2.06. Section 12.1151, Education Code, is amended
to read as follows:
Sec. 12.1151. FAILURE TO DISCHARGE OR REFUSE TO HIRE OR
TERMINATE OR REFUSE SERVICES FROM CERTAIN EMPLOYEES, [OR]
APPLICANTS, OR VOLUNTEERS. An open-enrollment charter school
commits a material violation of the school's charter if the school
fails to comply with the duty to discharge or refuse to hire, or
terminate or refuse to accept volunteer services from, certain
employees, [or] applicants for employment, or volunteers under
Section 12.1059, 22A.151, or 22A.155, as applicable [22.085, or
22.092].
SECTION 2.07. Section 12.252(b), Education Code, is amended
to read as follows:
(b) An adult education program operated under a charter
granted under this subchapter is subject to:
(1) a provision of this title establishing a criminal
offense; and
(2) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary as determined by the
commissioner to monitor compliance with this subchapter and, as
applicable, Subchapter D;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) high school graduation requirements under
Section 28.025, to the extent applicable to a program participant;
(D) special education programs under Subchapter
A, Chapter 29;
(E) bilingual education under Subchapter B,
Chapter 29;
(F) health and safety under Chapter 38;
(G) the requirement under Section 22A.051
[21.006] to report an educator's misconduct; and
(H) the right of an employee to report a crime, as
provided by Section 37.148.
SECTION 2.08. Section 12A.008(b-1), Education Code, is
amended to read as follows:
(b-1) The commissioner may terminate a district's
designation as a district of innovation if the district fails to
comply with the duty to discharge or refuse to hire certain
employees or applicants for employment under Section 12.1059,
applicable to the district under Section 12A.004(a)(1), or Section
22A.151 or 22A.155 [22.085 or 22.092].
SECTION 2.09. Section 21.054(e), Education Code, is amended
to read as follows:
(e) Continuing education requirements for a principal must
provide that not more than 25 percent of the training required every
five years include instruction regarding:
(1) effective and efficient management, including:
(A) collecting and analyzing information;
(B) making decisions and managing time; and
(C) supervising student discipline and managing
behavior;
(2) recognizing early warning indicators that a
student may be at risk of dropping out of school;
(3) digital learning, digital teaching, and
integrating technology into campus curriculum and instruction;
(4) effective implementation of a comprehensive
school counseling program under Section 33.005;
(5) mental health programs addressing a mental health
condition;
(6) educating diverse student populations, including:
(A) students who are educationally
disadvantaged;
(B) emergent bilingual students; and
(C) students at risk of dropping out of school;
and
(7) preventing, recognizing, and reporting any sexual
conduct between an educator and student that is prohibited under
Section 21.12, Penal Code, or for which reporting is required under
Section 22A.051 [21.006] of this code.
SECTION 2.10. Section 22.0815(a), Education Code, is
amended to read as follows:
(a) In this section, "other charter entity" has the meaning
assigned by Section 22A.001 [21.006].
SECTION 2.11. Section 22.0825(a), Education Code, is
amended to read as follows:
(a) In this section, "other charter entity" has the meaning
assigned by Section 22A.001 [21.006].
SECTION 2.12. Section 22.0833(g), Education Code, is
amended to read as follows:
(g) A school district, open-enrollment charter school, or
shared services arrangement shall provide the agency with the name
of a person to whom this section applies. The agency shall obtain
all criminal history record information of the person through the
criminal history clearinghouse as provided by Section 411.0845,
Government Code. The agency shall examine the criminal history
record information of the person and notify the district, school,
or shared services arrangement if the person may not be hired or
must be discharged as provided by Section 22A.155 [22.085].
SECTION 2.13. Section 22.0834(o), Education Code, is
amended to read as follows:
(o) A school district, charter school, regional education
service center, commercial transportation company, education
shared services arrangement, or qualified school contractor,
contracting entity, or subcontracting entity may not permit an
employee to whom Subsection (a) applies to provide services at a
school if the employee has been convicted of a felony or misdemeanor
offense that would prevent a person from being employed under
Section 22A.155(a) [22.085(a)].
SECTION 2.14. Section 22.0836(g), Education Code, is
amended to read as follows:
(g) A school district, open-enrollment charter school, or
shared services arrangement shall provide the agency with the name
of a person to whom this section applies. The agency shall obtain
all criminal history record information of the person through the
criminal history clearinghouse as provided by Section 411.0845,
Government Code. The agency shall examine the criminal history
record information and certification records of the person and
notify the district, school, or shared services arrangement if the
person:
(1) may not be hired or must be discharged as provided
by Section 22A.155 [22.085]; or
(2) may not be employed as a substitute teacher
because the person's educator certification has been revoked or is
suspended.
SECTION 2.15. Section 33.913(b), Education Code, is amended
to read as follows:
(b) To participate in the program as a tutor, a person must:
(1) be an active or retired teacher;
(2) apply for the position in a manner specified by the
nonprofit organization;
(3) designate in the application whether the person
plans to provide tutoring:
(A) for compensation, on a volunteer basis, or
both; and
(B) in person, online, or both; and
(4) not be included in the registry of persons not
eligible for employment by a public school under Section 22A.151
[22.092].
SECTION 2.16. Section 39.0302(a), Education Code, is
amended to read as follows:
(a) During an agency investigation or audit of a school
district under Section 39.0301(e) or (f), a special investigation
under Section 39.003(a)(8) or (14), a compliance review under
Section 22A.051(m) [21.006(k), 22.093(l),] or 22A.153 [22.096], or
an investigation by the State Board for Educator Certification of
an educator for an alleged violation of an assessment instrument
security procedure established under Section 39.0301(a), the
commissioner may issue a subpoena to compel the attendance of a
relevant witness or the production, for inspection or copying, of
relevant evidence that is located in this state.
SECTION 2.17. Section 810.003(a), Health and Safety Code,
is amended to read as follows:
(a) The department, in collaboration with each
participating state agency, shall establish an interagency
reportable conduct search engine for persons to search information
on reportable conduct in accordance with this chapter and rules
adopted under this chapter maintained by:
(1) the Department of Family and Protective Services
in the central registry established under Section 261.002, Family
Code;
(2) the Health and Human Services Commission in the
employee misconduct registry established under Chapter 253;
(3) the Texas Education Agency in the registry
established under Section 22A.151 [22.092], Education Code; and
(4) the Texas Juvenile Justice Department in the
integrated certification information system and in any informal
list the Texas Juvenile Justice Department maintains.
SECTION 2.18. Section 810.004(b), Health and Safety Code,
is amended to read as follows:
(b) In addition to the eligible individuals described by
Subsection (a), each participating state agency shall designate
additional users who are eligible to access the search engine and
may require those users to determine whether an individual has
engaged in reportable conduct. The additional designated users may
include controlling persons, hiring managers, or administrators
of:
(1) licensed or certified long-term care providers,
including:
(A) home and community support services agencies
licensed under Chapter 142;
(B) nursing facilities licensed under Chapter
242;
(C) assisted living facilities licensed under
Chapter 247;
(D) prescribed pediatric extended care centers
licensed under Chapter 248A;
(E) intermediate care facilities for individuals
with an intellectual disability licensed under Chapter 252;
(F) state supported living centers, as defined by
Section 531.002; and
(G) day activity and health services facilities
licensed under Chapter 103, Human Resources Code;
(2) providers under a Section 1915(c) waiver program,
as defined by Section 521.0001 [531.001], Government Code;
(3) juvenile probation departments and registered
juvenile justice facilities;
(4) independent school districts, districts of
innovation, open-enrollment charter schools, other charter
entities, as defined by Section 22A.001 [21.006], Education Code,
regional education service centers, education shared services
arrangements, or any other educational entity or provider that is
authorized to access the registry established under Section 22A.151
[22.092], Education Code;
(5) private schools that:
(A) offer a course of instruction for students in
this state in one or more grades from prekindergarten through grade
12; and
(B) are:
(i) accredited by an organization
recognized by the Texas Education Agency or the Texas Private
School Accreditation Commission;
(ii) listed in the database of the National
Center for Education Statistics of the United States Department of
Education; or
(iii) otherwise authorized by Texas
Education Agency rule to access the search engine; and
(6) nonprofit teacher organizations approved by the
commissioner of education for the purpose of participating in the
tutoring program established under Section 33.913, Education Code.
SECTION 2.19. The following provisions of the Education
Code are repealed:
(1) the heading to Section 21.006;
(2) the heading to Subchapter C-1, Chapter 22;
(3) Section 22.091; and
(4) Section 22.093.
ARTICLE 3. TRANSITION AND EFFECTIVE DATE
SECTION 3.01. This Act applies beginning with the 2025-2026
school year.
SECTION 3.02. To the extent of any conflict, this Act
prevails over another Act of the 89th Legislature, Regular Session,
2025, relating to nonsubstantive additions to and corrections in
enacted codes.
SECTION 3.03. Except as otherwise provided by this Act,
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.