Texas 2025 - 89th Regular

Texas House Bill HB5393 Compare Versions

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Old	New	Differences
1	1	89R13853 MEW-D
2	2	By: Shaheen H.B. No. 5393
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the reporting and investigation of misconduct by public
10	10	and private school employees; creating a criminal offense;
11	11	providing a civil penalty.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	ARTICLE 1. SCHOOL EMPLOYEE MISCONDUCT
14	14	SECTION 1.01. Articles 42.018(a) and (b), Code of Criminal
15	15	Procedure, are amended to read as follows:
16	16	(a) This article applies only to[:
17	17	[(1)] conviction or deferred adjudication community
18	18	supervision granted on the basis of:
19	19	(1) an offense for which a conviction or grant of
20	20	deferred adjudication community supervision requires the defendant
21	21	to register as a sex offender under Chapter 62;
22	22	(2) a felony [conviction of an] offense under Title 4,
23	23	Title 5, or Title 8, Penal Code[, if the victim of the offense was
24	24	under 18 years of age at the time the offense was committed]; or
25	25	(3) [conviction or deferred adjudication community
26	26	supervision granted on the basis of] an offense under Chapter 43
27	27	[Section 43.24], Penal Code.
28	28	(b) Not later than the fifth day after the date a person who
29	29	holds a certificate issued under Subchapter B, Chapter 21,
30	30	Education Code, or who is employed by a school district or
31	31	open-enrollment charter school is convicted or granted deferred
32	32	adjudication on the basis of an offense, the clerk of the court in
33	33	which the conviction or deferred adjudication is entered shall
34	34	provide [to the State Board for Educator Certification] written
35	35	notice of the person's conviction or deferred adjudication,
36	36	including the offense on which the conviction or deferred
37	37	adjudication was based, to:
38	38	(1) the State Board for Educator Certification and the
39	39	Texas Education Agency for a person who holds a certificate issued
40	40	under Subchapter B, Chapter 21, Education Code; or
41	41	(2) the Texas Education Agency for a person not
42	42	described by Subdivision (1) who is employed by a school district or
43	43	open-enrollment charter school.
44	44	SECTION 1.02. Section 21.0585, Education Code, is amended
45	45	to read as follows:
46	46	Sec. 21.0585. NOTICE TO AGENCY REGARDING REVOCATION OF
47	47	CERTIFICATE OR PERMIT FOR CERTAIN MISCONDUCT. The board shall, not
48	48	later than 24 hours after revocation, [promptly] notify the agency
49	49	for purposes of Section 22A.151 [22.092] if the board revokes a
50	50	certificate or permit of a person on a finding that the person
51	51	engaged in misconduct described by Section 22A.051(a)(2)(A), (B),
52	52	(C), or (D) [21.006(b)(2)(A) or (A-1)].
53	53	SECTION 1.03. Subtitle D, Title 2, Education Code, is
54	54	amended by adding Chapter 22A, and a heading is added to that
55	55	chapter to read as follows:
56	56	CHAPTER 22A. EMPLOYEE MISCONDUCT
57	57	SECTION 1.04. Chapter 22A, Education Code, as added by this
58	58	Act, is amended by adding Subchapter A, and a heading is added to
59	59	that subchapter to read as follows:
60	60	SUBCHAPTER A. GENERAL PROVISIONS
61	61	SECTION 1.05. Section 21.006(a), Education Code, is
62	62	transferred to Subchapter A, Chapter 22A, Education Code, as added
63	63	by this Act, redesignated as Section 22A.001, Education Code, and
64	64	amended to read as follows:
65	65	Sec. 22A.001. DEFINITIONS. [(a)] In this chapter
66	66	[section]:
67	67	(1) "Abuse" has the meaning assigned by Section
68	68	261.001, Family Code, and includes any sexual conduct involving [an
69	69	educator and] a student or minor.
70	70	(2) "Board" means the State Board for Educator
71	71	Certification.
72	72	(3) "Educational entity" means a school district,
73	73	district of innovation, open-enrollment charter school, other
74	74	charter entity, regional education service center, or shared
75	75	services arrangement.
76	76	(4) "Other charter entity" means:
77	77	(A) a school district operating under a home-rule
78	78	school district charter adopted under Subchapter B, Chapter 12;
79	79	(B) a campus or campus program operating under a
80	80	charter granted under Subchapter C, Chapter 12; and
81	81	(C) an entity that contracts to partner with a
82	82	school district under Section 11.174(a)(2) to operate a district
83	83	campus under a charter granted to the entity by the district under
84	84	Subchapter C, Chapter 12.
85	85	SECTION 1.06. Chapter 22A, Education Code, as added by this
86	86	Act, is amended by adding Subchapter B, and a heading is added to
87	87	that subchapter to read as follows:
88	88	SUBCHAPTER B. REQUIRED MISCONDUCT REPORTING
89	89	SECTION 1.07. Sections 21.006(b), (b-1), (b-2), (c), (c-1),
90	90	(c-2), (d), (e), (f), (g), (g-1), (h), (i), (j), and (k), Education
91	91	Code, are transferred to Subchapter B, Chapter 22A, Education Code,
92	92	as added by this Act, redesignated as Section 22A.051, Education
93	93	Code, and amended to read as follows:
94	94	Sec. 22A.051. REQUIREMENT TO REPORT MISCONDUCT TO AGENCY.
95	95	(a) [(b)] In addition to the reporting requirement under Section
96	96	261.101, Family Code, [and except as provided by Subsection (c-2),]
97	97	the superintendent or director of an educational entity [a school
98	98	district, district of innovation, open-enrollment charter school,
99	99	other charter entity, regional education service center, or shared
100	100	services arrangement] shall notify the agency [State Board for
101	101	Educator Certification] if:
102	102	(1) a person [an educator] employed by or seeking
103	103	employment by the educational entity [school district, district of
104	104	innovation, charter school, other charter entity, service center,
105	105	or shared services arrangement] has a criminal record and the
106	106	educational entity [school district, district of innovation,
107	107	charter school, other charter entity, service center, or shared
108	108	services arrangement] obtained information about the person's
109	109	[educator's] criminal record by a means other than the criminal
110	110	history clearinghouse established under Section 411.0845,
111	111	Government Code;
112	112	(2) a person's [an educator's] employment at or
113	113	contract with the educational entity [school district, district of
114	114	innovation, charter school, other charter entity, service center,
115	115	or shared services arrangement] was terminated and there is
116	116	evidence that the person [educator]:
117	117	(A) abused or otherwise committed an unlawful act
118	118	with a student or minor, including by:
119	119	(i) engaging in conduct that causes bodily
120	120	injury or serious mental deficiency, impairment, or injury or
121	121	constitutes a threat of violence to a student or minor and that is
122	122	not justified under Chapter 9, Penal Code;
123	123	(ii) engaging in the offense of child
124	124	grooming under Section 15.032, Penal Code; or
125	125	(iii) engaging in sexual advances, requests
126	126	for sexual favors or images, or other verbal or physical conduct of
127	127	a sexual nature with a student or minor;
128	128	(B) [(A-1)] was involved in a romantic
129	129	relationship with or solicited or engaged in sexual contact with a
130	130	student or minor;
131	131	(C) engaged in a communication with a student or
132	132	minor, with intent to arouse or gratify the sexual desire of any
133	133	person immediately before, during, or immediately after the
134	134	communication, that involved:
135	135	(i) a message between the person and the
136	136	student or minor without:
137	137	(a) written consent of the student's
138	138	or minor's parent or guardian; or
139	139	(b) the inclusion of the student's or
140	140	minor's parent or guardian, a school administrator, or the entire
141	141	student body of the campus at which the person was employed;
142	142	(ii) a personal discussion unrelated to
143	143	educational needs; or
144	144	(iii) contact through personal social
145	145	media;
146	146	(D) engaged in a communication with a student or
147	147	minor with intent to coerce the student or minor to conceal a
148	148	communication described by Paragraph (C) from the student's or
149	149	minor's parent or guardian, school administrators, or law
150	150	enforcement;
151	151	(E) [(B)] possessed, transferred, sold, or
152	152	distributed a controlled substance, as defined by Chapter 481,
153	153	Health and Safety Code, or by 21 U.S.C. Section 801 et seq.;
154	154	(F) [(C)] illegally transferred, appropriated,
155	155	or expended funds or other property of the educational entity
156	156	[school district, district of innovation, charter school, other
157	157	charter entity, service center, or shared services arrangement];
158	158	(G) [(D)] attempted by fraudulent or
159	159	unauthorized means to obtain or alter a professional certificate or
160	160	license for the purpose of promotion or additional compensation; or
161	161	(H) [(E)] committed a criminal offense or any
162	162	part of a criminal offense on school property or at a
163	163	school-sponsored event;
164	164	(3) a person employed by or contracting with the
165	165	educational entity [the educator] resigned or terminated the
166	166	contractor's contract, as applicable, and there is evidence that
167	167	the person [educator] engaged in misconduct described by
168	168	Subdivision (2);
169	169	(4) the superintendent or director becomes aware that
170	170	a person employed by or contracting with the educational entity is
171	171	alleged to have engaged in misconduct described by Subdivision
172	172	(2)(A), (B), (C), or (D); or
173	173	(5) a person employed by the educational entity [(4)
174	174	the educator] engaged in conduct that violated the assessment
175	175	instrument security procedures established under Section 39.0301.
176	176	(b) [(b-1)] A superintendent or director of an educational
177	177	entity [a school district, district of innovation, open-enrollment
178	178	charter school, other charter entity, regional education service
179	179	center, or shared services arrangement] shall complete an
180	180	investigation of a person [an educator] that involves evidence that
181	181	the person [educator] may have engaged in misconduct described by
182	182	Subsection (a)(2)(A), (B), (C), or (D) [(b)(2)(A) or (A-1)],
183	183	despite the person's [educator's] resignation from employment
184	184	before completion of the investigation.
185	185	(c) [(b-2)] The principal of a school district, district of
186	186	innovation, open-enrollment charter school, or other charter
187	187	entity campus must notify the superintendent or director of the
188	188	[school] district, [district of innovation, charter] school, or
189	189	[other charter] entity not later than 48 hours [the seventh
190	190	business day] after [the date]:
191	191	(1) a person's [of an educator's] termination of
192	192	employment or resignation or termination of a contractor's contract
193	193	following an alleged incident of misconduct described by Subsection
194	194	(a) [(b)]; [or]
195	195	(2) the principal knew about a person's [an
196	196	educator's] criminal record under Subsection (a)(1); or
197	197	(3) the principal becomes aware of an allegation of
198	198	misconduct described by Subsection (a)(2)(A), (B), (C), or (D)
199	199	[(b)(1)].
200	200	(d) The [(c) Except as provided by Subsection (c-2), the]
201	201	superintendent or director must notify the agency [State Board for
202	202	Educator Certification] by filing a report with the agency [board]
203	203	not later than 48 hours [the seventh business day] after [the date]
204	204	the superintendent or director:
205	205	(1) receives notice [a report] from a principal under
206	206	Subsection (c);
207	207	(2) [(b-2) or] knew about a person's [an educator's]
208	208	termination of employment or resignation or termination of a
209	209	contractor's contract following an alleged incident of misconduct
210	210	described by Subsection (a) [(b)] or a person's [an employee's]
211	211	criminal record under Subsection (a)(1); or
212	212	(3) became aware of an allegation of misconduct
213	213	described by Subsection (a)(2)(A), (B), (C), or (D) [(b)(1)].
214	214	(e) [(c-1)] The report under Subsection (d) [(c):
215	215	[(1)] must be[:
216	216	[(A) in writing; and
217	217	[(B) in a form prescribed by the board; and
218	218	[(2) may be] filed through the Internet portal
219	219	developed and maintained by the agency [State Board for Educator
220	220	Certification] under Section 22A.152 [Subsection (g-1)].
221	221	(f) [(c-2) A superintendent or director of a school
222	222	district, district of innovation, open-enrollment charter school,
223	223	regional education service center, or shared services arrangement
224	224	is not required to notify the State Board for Educator
225	225	Certification or file a report with the board under Subsection (b)
226	226	or (c) if the superintendent or director:
227	227	[(1) completes an investigation into an educator's
228	228	alleged incident of misconduct described by Subsection (b)(2)(A) or
229	229	(A-1) before the educator's termination of employment or
230	230	resignation; and
231	231	[(2) determines the educator did not engage in the
232	232	alleged incident of misconduct described by Subsection (b)(2)(A) or
233	233	(A-1).
234	234	[(d)] The superintendent or director shall provide to
235	235	[notify] the board of trustees or governing body of the educational
236	236	entity [school district, open-enrollment charter school, other
237	237	charter entity, regional education service center, or shared
238	238	services arrangement] and the person a copy [educator of the
239	239	filing] of the report filed under [required by] Subsection (d)
240	240	[(c)].
241	241	(g) [(e)] A superintendent, director, or principal of an
242	242	educational entity [a school district, district of innovation,
243	243	open-enrollment charter school, other charter entity, regional
244	244	education service center, or shared services arrangement] who in
245	245	good faith and while acting in an official capacity files a report
246	246	with the agency [State Board for Educator Certification] under this
247	247	section or communicates with another superintendent, director, or
248	248	principal concerning a person's [an educator's] criminal record or
249	249	alleged incident of misconduct is immune from civil or criminal
250	250	liability that might otherwise be incurred or imposed.
251	251	(h) [(f)] The board [State Board for Educator
252	252	Certification] shall determine whether to impose sanctions,
253	253	including an administrative penalty under Subsection (k) [(i)],
254	254	against a principal who fails to provide notification to a
255	255	superintendent or director in violation of Subsection (c) [(b-2)]
256	256	or against a superintendent or director who fails to file a report
257	257	in violation of Subsection (d) [(c)].
258	258	(i) [(g)] The commissioner shall adopt and the board [State
259	259	Board for Educator Certification] shall propose rules as necessary
260	260	to implement this section. In adopting rules to implement this
261	261	section, the commissioner shall adopt rules that provide for
262	262	transparency measures.
263	263	(j) [(g-1) The State Board for Educator Certification
264	264	shall develop and maintain an Internet portal through which a
265	265	report required under Subsection (c) may be confidentially and
266	266	securely filed.
267	267	[(h)] The name of a student or minor who is the victim of
268	268	abuse or unlawful conduct by a person described by Subsection (a)
269	269	[an educator] must be included in a report filed under this section,
270	270	but the name of the student or minor is not public information under
271	271	Chapter 552, Government Code.
272	272	(k) [(i)] If an educator serving as a superintendent or
273	273	director is required to file a report under Subsection (d) [(c)] and
274	274	fails to file the report by the date required by that subsection, or
275	275	if an educator serving as a principal is required to notify a
276	276	superintendent or director about an educator's criminal record or
277	277	alleged incident of misconduct under Subsection (c) [(b-2)] and
278	278	fails to provide the notice by the date required by that subsection,
279	279	the board [State Board for Educator Certification] may impose on
280	280	the educator an administrative penalty of not less than $500 and not
281	281	more than $10,000. The board [State Board for Educator
282	282	Certification] may not renew the certification of an educator
283	283	against whom an administrative penalty is imposed under this
284	284	subsection until the penalty is paid.
285	285	(l) [(j)] A superintendent or director required to file a
286	286	report under Subsection (d) [(c)] commits an offense if the
287	287	superintendent or director fails to file the report by the date
288	288	required by that subsection [with intent to conceal an educator's
289	289	criminal record or alleged incident of misconduct]. A principal
290	290	required to notify a superintendent or director about a person's
291	291	[an educator's] criminal record or alleged incident of misconduct
292	292	under Subsection (c) [(b-2)] commits an offense if the principal
293	293	fails to provide the notice by the date required by that subsection
294	294	[with intent to conceal an educator's criminal record or alleged
295	295	incident of misconduct]. An offense under this subsection is a
296	296	state jail felony.
297	297	(m) [(k)] The commissioner shall periodically, randomly, or
298	298	on request by a member of the legislature conduct site visits and
299	299	[may] review the records of an educational entity [a school
300	300	district, district of innovation, open-enrollment charter school,
301	301	other charter entity, regional education service center, or shared
302	302	services arrangement] to ensure compliance with the requirement to
303	303	report misconduct under this section.
304	304	SECTION 1.08. (a) This section takes effect only if H.B.
305	305	1025, 89th Legislature, Regular Session, 2025, becomes law.
306	306	(b) Section 22A.051, Education Code, as added by this Act,
307	307	is amended by adding Subsection (d-1) to read as follows:
308	308	(d-1) Not later than 24 hours after receiving a report under
309	309	Subsection (d), the agency shall notify the division of inspector
310	310	general established under Subchapter E, Chapter 7, and the division
311	311	of inspector general shall conduct an investigation into the
312	312	allegation of misconduct in accordance with that subchapter.
313	313	SECTION 1.09. Subchapter B, Chapter 22A, Education Code, as
314	314	added by this Act, is amended by adding Sections 22A.052 and 22A.053
315	315	to read as follows:
316	316	Sec. 22A.052. CONCEALMENT OF MISCONDUCT. (a)
317	317	Notwithstanding any other law, if the board of trustees of a school
318	318	district or the governing body of an open-enrollment charter school
319	319	or other charter entity determines that a superintendent,
320	320	principal, or other district or school employee intentionally or
321	321	knowingly concealed or delayed the reporting of a person's
322	322	misconduct described by Section 22A.051(a)(2)(A), (B), (C), or (D),
323	323	the board or governing body shall immediately terminate the
324	324	employment of that superintendent, principal, or other employee.
325	325	(b) The board of trustees of a school district or the
326	326	governing body of an open-enrollment charter school or other
327	327	charter entity must include in the employment contract of a person
328	328	who is required to report misconduct under Section 22A.051 a
329	329	provision that the person's employment will be terminated if the
330	330	person engages in conduct described by Subsection (a).
331	331	Sec. 22A.053. REQUIREMENT TO REPORT MISCONDUCT TO LAW
332	332	ENFORCEMENT; OFFENSE. (a) Not later than 48 hours after the
333	333	superintendent or director of an educational entity becomes aware
334	334	that an employee of or contractor with the entity is alleged to have
335	335	engaged in conduct described by Section 22A.051(a)(2)(A), (B), (C),
336	336	or (D), the superintendent or director shall report the allegation
337	337	and provide any evidence possessed by the superintendent or
338	338	director regarding the allegation to the appropriate local law
339	339	enforcement agency and prosecuting attorney.
340	340	(b) For purposes of making a report under Subsection (a), an
341	341	appropriate local law enforcement agency does not include a police
342	342	department operated by the educational entity.
343	343	(c) A superintendent or director described by Subsection
344	344	(a) commits an offense if the superintendent or director, with
345	345	intent to conceal a person's conduct, fails to make the report or
346	346	provide evidence as required by Subsection (a). An offense under
347	347	this subsection is a state jail felony.
348	348	(d) If conduct that constitutes an offense under this
349	349	section also constitutes an offense under Section 261.109, Family
350	350	Code, the actor may be prosecuted only under this section.
351	351	SECTION 1.10. Section 21.0061, Education Code, is
352	352	transferred to Subchapter B, Chapter 22A, Education Code, as added
353	353	by this Act, redesignated as Section 22A.054, Education Code, and
354	354	amended to read as follows:
355	355	Sec. 22A.054 [21.0061]. NOTICE [TO PARENT OR GUARDIAN]
356	356	ABOUT [EDUCATOR] MISCONDUCT; CIVIL PENALTY. (a) As soon as
357	357	practicable but not later than 24 hours after becoming aware that an
358	358	employee or contractor is alleged to have engaged in misconduct
359	359	described by Section 22A.051(a)(2)(A), (B), (C), or (D), the [The]
360	360	board of trustees or governing body of an educational entity [a
361	361	school district, district of innovation, open-enrollment charter
362	362	school, other charter entity, regional education service center, or
363	363	shared services arrangement] shall provide [adopt a policy under
364	364	which] notice [is provided] to:
365	365	(1) the parent or guardian of a student with whom the
366	366	person [an educator] is alleged to have engaged in the misconduct
367	367	[described by Section 21.006(b)(2)(A) or (A-1)] informing the
368	368	parent or guardian:
369	369	(A) [(1)] that the alleged misconduct occurred;
370	370	(B) [(2)] whether the person [educator] was
371	371	terminated following an investigation of the alleged misconduct or
372	372	resigned before completion of the investigation; and
373	373	(C) [(3)] whether a report was submitted to the
374	374	agency [State Board for Educator Certification] concerning the
375	375	alleged misconduct; and
376	376	(2) students and staff who were potentially impacted
377	377	by the misconduct regarding guidance, resources, and contact
378	378	information for a person to whom students or staff may provide
379	379	information regarding the misconduct.
380	380	(b) The board of trustees or governing body of an
381	381	educational entity is liable to the state for a civil penalty in an
382	382	amount of $1,000 for each day in which the board or governing body
383	383	is not in compliance with Subsection (a). The board or governing
384	384	body must publicly disclose the penalty amount and the reason for
385	385	the penalty at the board's or governing body's next meeting. [The
386	386	policy required by this section must require that information
387	387	specified by Subsection (a)(1) be provided as soon as feasible
388	388	after the employing entity becomes aware that alleged misconduct
389	389	may have occurred.
390	390	[(c) In this section, "other charter entity" has the meaning
391	391	assigned by Section 21.006.]
392	392	SECTION 1.11. Sections 21.007 and 21.009, Education Code,
393	393	are transferred to Subchapter B, Chapter 22A, Education Code, as
394	394	added by this Act, redesignated as Sections 22A.055 and 22A.056,
395	395	Education Code, and amended to read as follows:
396	396	Sec. 22A.055 [21.007]. NOTICE ON CERTIFICATION RECORD OF
397	397	ALLEGED MISCONDUCT. (a) [In this section, "board" means the State
398	398	Board for Educator Certification.
399	399	[(b)] The board shall adopt a procedure for placing a notice
400	400	of alleged misconduct on an educator's public certification
401	401	records. The procedure adopted by the board must provide for
402	402	immediate placement of a notice of alleged misconduct on an
403	403	educator's public certification records if the alleged misconduct
404	404	presents a risk to the health, safety, or welfare of a student or
405	405	minor [as determined by the board].
406	406	(b) [(c)] The board must notify an educator in writing when
407	407	placing a notice of an alleged incident of misconduct on the public
408	408	certification records of the educator.
409	409	(c) [(d)] The board must provide an opportunity for an
410	410	educator to show cause why the notice should not be placed on the
411	411	educator's public certification records. The board shall propose
412	412	rules establishing the length of time that a notice may remain on
413	413	the educator's public certification records before the board must:
414	414	(1) initiate a proceeding to impose a sanction on the
415	415	educator on the basis of the alleged misconduct; or
416	416	(2) remove the notice from the educator's public
417	417	certification records.
418	418	(d) [(e)] If it is determined that the educator has not
419	419	engaged in the alleged incident of misconduct, the board shall
420	420	immediately remove the notice from the educator's public
421	421	certification records.
422	422	(e) [(f)] The board shall propose rules necessary to
423	423	administer this section.
424	424	Sec. 22A.056 [21.009]. PRE-EMPLOYMENT AFFIDAVIT. (a) An
425	425	applicant for employment with an educational entity, or an
426	426	applicant for a position described by Section 21.003(a) or (b) with
427	427	a [school district, district of innovation, open-enrollment
428	428	charter school,] private school, [regional education service
429	429	center, or shared services arrangement] must submit, using a form
430	430	adopted by the agency, a pre-employment affidavit disclosing
431	431	whether the applicant has ever been charged with, adjudicated for,
432	432	or convicted of an offense involving misconduct described by
433	433	Section 22A.051(a)(2) [having an inappropriate relationship with a
434	434	minor].
435	435	(b) An applicant who answers affirmatively concerning an
436	436	offense involving misconduct described by Section 22A.051(a)(2)
437	437	[inappropriate relationship with a minor] must disclose in the
438	438	affidavit all relevant facts pertaining to the charge,
439	439	adjudication, or conviction, including, for a charge, whether the
440	440	charge was determined to be true or false.
441	441	(c) An applicant is not precluded from being employed based
442	442	on a disclosed charge if the employing entity determines based on
443	443	the information disclosed in the affidavit that the charge was
444	444	false.
445	445	(d) On determining [A determination] that an employee
446	446	failed to disclose information required to be disclosed by an
447	447	applicant under this section, the educational entity or private
448	448	school at which the employee is employed shall terminate the
449	449	employee's [is grounds for termination of] employment.
450	450	(e) The board [State Board for Educator Certification] may
451	451	revoke the certificate of an administrator if the board determines
452	452	it is reasonable to believe that the administrator employed an
453	453	applicant [for a position] described by Subsection (a) [Section
454	454	21.003(a) or (b)] despite being aware that the applicant had been
455	455	adjudicated for or convicted of having an inappropriate
456	456	relationship with a minor.
457	457	SECTION 1.12. Chapter 22A, Education Code, as added by this
458	458	Act, is amended by adding Subchapter C, and a heading is added to
459	459	that subchapter to read as follows:
460	460	SUBCHAPTER C. INVESTIGATION OF MISCONDUCT
461	461	SECTION 1.13. Section 22.094, Education Code, is
462	462	transferred to Subchapter C, Chapter 22A, Education Code, as added
463	463	by this Act, redesignated as Section 22A.101, Education Code, and
464	464	amended to read as follows:
465	465	Sec. 22A.101 [22.094]. NOTICE OF ALLEGED MISCONDUCT;
466	466	INVESTIGATION; HEARING. (a) A person who is employed by or
467	467	contracting with an educational entity, who does not hold a
468	468	certification or permit issued under Subchapter B, Chapter 21,
469	469	[described by Section 22.093(b)] and who is the subject of a report
470	470	that alleges misconduct described by Section 22A.051(a)(2)(A),
471	471	(B), (C), or (D) [22.093(c)(1)(A) or (B)] or who is identified as
472	472	having engaged in that misconduct using the interagency reportable
473	473	conduct search engine established under Chapter 810, Health and
474	474	Safety Code, is entitled to a hearing on the merits of the
475	475	allegations of misconduct under the procedures provided by Chapter
476	476	2001, Government Code, to contest the allegation in the report or
477	477	search engine.
478	478	(b) On receiving a report filed under Section 22A.051(d)
479	479	[22.093(f)] or making an identification described by Subsection (a)
480	480	regarding a person described by Subsection (a), the commissioner
481	481	shall promptly send to the person who is the subject of the report
482	482	or identification a notice that includes:
483	483	(1) a statement informing the person that the person
484	484	must request a hearing on the merits of the allegations of
485	485	misconduct within the period provided by Subsection (c);
486	486	(2) a request that the person submit a written
487	487	response within the period provided by Subsection (c) to show cause
488	488	why the commissioner should not pursue an investigation; and
489	489	(3) a statement informing the person that if the
490	490	person does not timely submit a written response to show cause as
491	491	provided by Subdivision (2), the agency shall provide information
492	492	indicating the person is under investigation in the manner provided
493	493	by Subsection (d).
494	494	(c) A person entitled to a hearing under Subsection (a) must
495	495	request a hearing and submit a written response to show cause not
496	496	later than the 10th day after the date the person receives the
497	497	notice from the commissioner provided under Subsection (b).
498	498	(d) If a person who receives notice provided under
499	499	Subsection (b) does not timely submit a written response to show
500	500	cause why the commissioner should not pursue an investigation, the
501	501	commissioner shall instruct the agency to make available through
502	502	the Internet portal developed and maintained by the agency under
503	503	Section 22A.152 [22.095] information indicating that the person is
504	504	under investigation for alleged misconduct.
505	505	(e) If a person entitled to a hearing under Subsection (a)
506	506	does not request a hearing as provided by Subsection (c), the
507	507	commissioner shall:
508	508	(1) based on the report filed under Section 22A.051(d)
509	509	[22.093(f)] or the identification described by Subsection (a), make
510	510	a determination whether the person engaged in misconduct; and
511	511	(2) if the commissioner determines that the person
512	512	engaged in misconduct described by Section 22A.051(a)(2)(A), (B),
513	513	(C), or (D) [22.093(c)(1)(A) or (B)], instruct the agency to add the
514	514	person's name to the registry maintained under Section 22A.151
515	515	[22.092].
516	516	(f) If a person entitled to a hearing under Subsection (a)
517	517	requests a hearing as provided by Subsection (c) and the final
518	518	decision in that hearing determines that the person engaged in
519	519	misconduct described by Section 22A.051(a)(2)(A), (B), (C), or (D)
520	520	[22.093(c)(1)(A) or (B)], the commissioner shall instruct the
521	521	agency to add the person's name to the registry maintained under
522	522	Section 22A.151 [22.092].
523	523	(g) If a person entitled to a hearing under Subsection (a)
524	524	requests a hearing as provided by Subsection (c) and the final
525	525	decision in that hearing determines that the person did not engage
526	526	in misconduct described by Section 22A.051(a)(2)(A), (B), (C), or
527	527	(D) [22.093(c)(1)(A) or (B)], the commissioner shall instruct the
528	528	agency to immediately remove from the Internet portal developed and
529	529	maintained by the agency under Section 22A.152 [22.095] the
530	530	information indicating that the person is under investigation for
531	531	alleged misconduct.
532	532	(h) The commissioner shall adopt rules as necessary to
533	533	implement this section.
534	534	SECTION 1.14. Section 21.062, Education Code, is
535	535	transferred to Subchapter C, Chapter 22A, Education Code, as added
536	536	by this Act, redesignated as Section 22A.102, Education Code, and
537	537	amended to read as follows:
538	538	Sec. 22A.102 [21.062]. ISSUANCE OF SUBPOENAS. (a) During
539	539	an investigation by the commissioner of an educator or person who is
540	540	employed by or contracting with an educational entity for an
541	541	alleged incident of misconduct, the commissioner may issue a
542	542	subpoena to compel:
543	543	(1) the attendance of a relevant witness; or
544	544	(2) the production, for inspection or copying, of
545	545	relevant evidence that is located in this state.
546	546	(b) A subpoena may be served personally or by certified
547	547	mail.
548	548	(c) If a person fails to comply with a subpoena, the
549	549	commissioner, acting through the attorney general, may file suit to
550	550	enforce the subpoena in a district court in this state. On finding
551	551	that good cause exists for issuing the subpoena, the court shall
552	552	order the person to comply with the subpoena. The court may punish
553	553	a person who fails to obey the court order.
554	554	(d) All information and materials subpoenaed or compiled in
555	555	connection with an investigation described by Subsection (a) are
556	556	confidential and not subject to disclosure under Chapter 552,
557	557	Government Code.
558	558	(e) Except as provided by a protective order, and
559	559	notwithstanding Subsection (d), all information and materials
560	560	subpoenaed or compiled in connection with an investigation
561	561	described by Subsection (a) may be used in a disciplinary
562	562	proceeding against a person [an educator] based on an alleged
563	563	incident of misconduct.
564	564	SECTION 1.15. Subchapter C, Chapter 22A, Education Code, as
565	565	added by this Act, is amended by adding Section 22A.103 to read as
566	566	follows:
567	567	Sec. 22A.103. MANDATORY TERMINATION OR REVOCATION OF
568	568	CERTIFICATE OF EMPLOYEE WHO ATTEMPTS TO RESIGN OR SURRENDER
569	569	CERTIFICATE PENDING INVESTIGATION. (a) If a person employed by an
570	570	educational entity attempts to resign while the educational entity
571	571	is investigating an allegation that the person engaged in
572	572	misconduct described by Section 22A.051(a)(2)(A), (B), (C), or (D),
573	573	the educational entity:
574	574	(1) may not accept the person's resignation;
575	575	(2) shall terminate the person's employment; and
576	576	(3) shall complete the investigation.
577	577	(b) If a person issued a certificate under Subchapter B,
578	578	Chapter 21, attempts to surrender the certificate while the board
579	579	is investigating an allegation that the person engaged in
580	580	misconduct described by Section 22A.051(a)(2)(A), (B), (C), or (D),
581	581	the board:
582	582	(1) may not accept the surrender;
583	583	(2) shall revoke the certificate; and
584	584	(3) shall complete the investigation.
585	585	(c) The termination of a person's employment or revocation
586	586	of a person's certificate under this section does not preclude an
587	587	educational entity or the board from completing an investigation of
588	588	an allegation that the person engaged in misconduct described by
589	589	Section 22A.051(a)(2)(A), (B), (C), or (D) or the board from
590	590	imposing penalties on the person if the board determines that the
591	591	person engaged in the misconduct.
592	592	SECTION 1.16. Chapter 22A, Education Code, as added by this
593	593	Act, is amended by adding Subchapter D, and a heading is added to
594	594	that subchapter to read as follows:
595	595	SUBCHAPTER D. PERSONS NOT ELIGIBLE FOR EMPLOYMENT OR VOLUNTEERING
596	596	SECTION 1.17. Section 22.092, Education Code, is
597	597	transferred to Subchapter D, Chapter 22A, Education Code, as added
598	598	by this Act, redesignated as Section 22A.151, Education Code, and
599	599	amended to read as follows:
600	600	Sec. 22A.151 [22.092]. REGISTRY OF PERSONS NOT ELIGIBLE FOR
601	601	EMPLOYMENT OR VOLUNTEERING IN PUBLIC SCHOOLS. (a) The agency shall
602	602	maintain and make available through the Internet portal developed
603	603	and maintained by the agency under Section 22A.152 [22.095] a
604	604	registry of persons who are not eligible to be employed by or
605	605	volunteer at an educational entity [a school district, district of
606	606	innovation, open-enrollment charter school, other charter entity,
607	607	regional education service center, or shared services
608	608	arrangement].
609	609	(b) An educational entity [A school district, district of
610	610	innovation, open-enrollment charter school, other charter entity,
611	611	regional education service center, or shared services arrangement]
612	612	shall discharge or refuse to hire, or terminate or refuse to accept
613	613	volunteer services from, a person listed on the registry maintained
614	614	under this section.
615	615	(c) A contractor who provides services to an educational
616	616	entity may not assign duties at the entity to a person listed on the
617	617	registry maintained under this section.
618	618	(d) The registry maintained under this section must list the
619	619	following persons as not eligible to be employed by or volunteer at
620	620	public schools:
621	621	(1) a person determined by the agency under Section
622	622	22.0832 as a person who would not be eligible for educator
623	623	certification under Subchapter B, Chapter 21;
624	624	(2) a person determined by the agency to be not
625	625	eligible for employment based on the person's criminal history
626	626	record information review, as provided by Section 22.0833;
627	627	(3) a person who is not eligible for employment based
628	628	on criminal history record information received by the agency under
629	629	Section 22A.154(b) [21.058(b)];
630	630	(4) a person whose certification or permit, or
631	631	application for a certification or permit, issued under Subchapter
632	632	B, Chapter 21, is denied or revoked by the board [State Board for
633	633	Educator Certification on a finding that the person engaged in
634	634	misconduct described by Section 21.006(b)(2)(A) or (A-1)]; [and]
635	635	(5) a person whose certification or permit issued
636	636	under Subchapter B, Chapter 21, is suspended by the board for a
637	637	reason other than under Section 21.105(c), 21.160(c), or 21.210(c)
638	638	for the period of the suspension;
639	639	(6) a person who is determined by the commissioner
640	640	under Section 22A.101 [22.094] to have engaged in misconduct
641	641	described by Section 22A.051(a)(2)(A), (B), (C), or (D)
642	642	[22.093(c)(1)(A) or (B)]; and
643	643	(7) a person for whom the agency receives notice under
644	644	Article 42.018, Code of Criminal Procedure.
645	645	(e) A person described by Subsection (d) must be listed on
646	646	the registry maintained under this section regardless of whether
647	647	the person resigned from the person's position before the
648	648	completion of an investigation into the alleged misconduct.
649	649	(f) [(d)] The agency shall provide equivalent access to the
650	650	registry maintained under this section to:
651	651	(1) private schools;
652	652	(2) public schools; [and]
653	653	(3) nonprofit teacher organizations approved by the
654	654	commissioner for the purpose of participating in the tutoring
655	655	program established under Section 33.913; and
656	656	(4) contractors who provide services to an educational
657	657	entity.
658	658	(g) [(e)] The commissioner [agency] shall adopt rules as
659	659	necessary to implement this section, including rules that provide
660	660	for transparency measures.
661	661	SECTION 1.18. Sections 22.095 and 22.096, Education Code,
662	662	are transferred to Subchapter D, Chapter 22A, Education Code, as
663	663	added by this Act, redesignated as Sections 22A.152 and 22A.153,
664	664	Education Code, and amended to read as follows:
665	665	Sec. 22A.152 [22.095]. INTERNET PORTAL. (a) The agency
666	666	shall develop and maintain an Internet portal through which:
667	667	(1) a report required under Section 22A.051(d)
668	668	[22.093(f)] may be confidentially and securely filed; [and]
669	669	(2) the agency provides:
670	670	(A) electronic confirmation to the person filing
671	671	a report under Subdivision (1) that the report has been received;
672	672	and
673	673	(B) notice to the parent or guardian of a student
674	674	or minor involved in an allegation of misconduct included in the
675	675	report that the report has been submitted; and
676	676	(3) the agency makes available:
677	677	(A) the registry of persons who are not eligible
678	678	to be employed in public schools as described by Section 22A.151
679	679	[22.092]; and
680	680	(B) information indicating that a person is under
681	681	investigation for alleged misconduct in accordance with Section
682	682	22A.101(d) [22.094(d)], provided that the agency must provide the
683	683	information through a procedure other than the registry described
684	684	under Paragraph (A).
685	685	(b) The agency shall develop a form on which a report
686	686	described by Subsection (a)(1) made through the Internet portal
687	687	must be submitted and ensure that each field on the form includes a
688	688	uniform standard of data entry and must be completed before the form
689	689	may be submitted.
690	690	(c) Not later than 48 hours after receipt of a report
691	691	concerning an educator under this section, the agency shall submit
692	692	the report to the board.
693	693	Sec. 22A.153 [22.096]. COMPLIANCE MONITORING. The agency
694	694	shall periodically, randomly, or on request by a member of the
695	695	legislature conduct site visits and review the records of
696	696	educational entities [school districts, districts of innovation,
697	697	open-enrollment charter schools, other charter entities, regional
698	698	education service centers, and shared services arrangements] to
699	699	ensure compliance with Section 22A.151(b) [22.092(b)].
700	700	SECTION 1.19. Section 21.058, Education Code, is
701	701	transferred to Subchapter D, Chapter 22A, Education Code, as added
702	702	by this Act, redesignated as Section 22A.154, Education Code, and
703	703	amended to read as follows:
704	704	Sec. 22A.154 [21.058]. REVOCATION OF CERTIFICATE, [AND]
705	705	TERMINATION OF EMPLOYMENT, AND LISTING ON REGISTRY BASED ON
706	706	CONVICTION OF OR PLACEMENT ON DEFERRED ADJUDICATION COMMUNITY
707	707	SUPERVISION FOR CERTAIN OFFENSES. (a) The procedures described by
708	708	this section [Subsections (b) and (c)] apply only to[:
709	709	[(1)] conviction of or placement on deferred
710	710	adjudication community supervision for:
711	711	(1) an offense for which a defendant is required to
712	712	register as a sex offender under Chapter 62, Code of Criminal
713	713	Procedure;
714	714	(2) [conviction of] a felony offense under Title 4,
715	715	Title 5, or Title 8, Penal Code[, if the victim of the offense was
716	716	under 18 years of age at the time the offense was committed]; or
717	717	(3) [conviction of or placement on deferred
718	718	adjudication community supervision for] an offense under Chapter 43
719	719	[Section 43.24], Penal Code.
720	720	(b) Notwithstanding Section 21.041(b)(7), not later than
721	721	the fifth day after the date the agency or board receives notice
722	722	under Article 42.018, Code of Criminal Procedure, of the conviction
723	723	or placement on deferred adjudication community supervision of a
724	724	person who holds a certificate under Subchapter B, Chapter 21 or who
725	725	is employed by a school district or open-enrollment charter school:
726	726	(1) the agency shall:
727	727	(A) list the person in the registry maintained
728	728	under Section 22A.151; and
729	729	(B) provide to the person and to any school
730	730	district or open-enrollment charter school employing the person at
731	731	the time of the inclusion in the registry written notice of:
732	732	(i) the listing in the registry; and
733	733	(ii) the basis for the listing; and
734	734	(2) if applicable [this subchapter], the board shall:
735	735	(A) [(1)] revoke the certificate held by the
736	736	person; and
737	737	(B) [(2)] provide to the person[, to the agency,]
738	738	and to any school district or open-enrollment charter school
739	739	employing the person at the time of revocation written notice of:
740	740	(i) [(A)] the revocation; and
741	741	(ii) [(B)] the basis for the revocation.
742	742	(c) A school district or open-enrollment charter school
743	743	that receives notice under Subsection (b) of the listing of a person
744	744	in the registry maintained under Section 22A.151 or the revocation
745	745	of a person's certificate issued under Subchapter B, Chapter 21,
746	746	[this subchapter] shall:
747	747	(1) immediately remove the person [whose certificate
748	748	has been revoked] from campus or from an administrative office, as
749	749	applicable, to prevent the person from having any contact with a
750	750	student; [and]
751	751	(2) for a [if the] person [is] employed under a
752	752	probationary, continuing, or term contract under Chapter 21 [this
753	753	chapter], with the approval of the board of trustees or governing
754	754	body or a designee of the board or governing body:
755	755	(A) suspend the person without pay;
756	756	(B) provide the person with written notice that
757	757	the person's contract is void as provided by Subsection (e)
758	758	[(c-2)]; and
759	759	(C) terminate the employment of the person the
760	760	day notice is received; and
761	761	(3) for a person not described by Subdivision (2),
762	762	terminate the employment of the person the day notice is received
763	763	[as soon as practicable].
764	764	(d) [(c-1)] If a school district or open-enrollment charter
765	765	school becomes aware that a person employed by the district or
766	766	school [under a probationary, continuing, or term contract under
767	767	this chapter] has been convicted of or received deferred
768	768	adjudication for a felony offense, and the person is not subject to
769	769	Subsection (c), the district or school may:
770	770	(1) for a person employed under a probationary,
771	771	continuing, or term contract under this chapter, with the approval
772	772	of the board of trustees or governing body or a designee of the
773	773	board of trustees or governing body:
774	774	(A) [(1)] suspend the person without pay;
775	775	(B) [(2)] provide the person with written notice
776	776	that the person's contract is void as provided by Subsection (e)
777	777	[(c-2)]; and
778	778	(C) [(3)] terminate the employment of the person
779	779	as soon as practicable; or
780	780	(2) for a person not described by Subdivision (1),
781	781	terminate the employment of the person as soon as practicable.
782	782	(e) [(c-2)] A person's probationary, continuing, or term
783	783	contract under Chapter 21 is void if, with the approval of the board
784	784	of trustees or governing body or a designee of the board or
785	785	governing body, the school district or open-enrollment charter
786	786	school takes action under Subsection (c)(2)(B) or (d)(1)(B)
787	787	[(c-1)(2)].
788	788	(f) [(d)] A person whose certificate is revoked under
789	789	Subsection (b) may reapply for a certificate in accordance with
790	790	board rules.
791	791	(g) [(e)] Action taken by a school district or
792	792	open-enrollment charter school under Subsection (c) or (d) [(c-1)]
793	793	is not subject to appeal under this chapter, and the notice and
794	794	hearing requirements of this chapter do not apply to the action.
795	795	SECTION 1.20. Section 22.085, Education Code, is
796	796	transferred to Subchapter D, Chapter 22A, Education Code, as added
797	797	by this Act, redesignated as Section 22A.155, Education Code, and
798	798	amended to read as follows:
799	799	Sec. 22A.155 [22.085]. EMPLOYEES AND APPLICANTS CONVICTED
800	800	OF OR PLACED ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR
801	801	CERTAIN OFFENSES. (a) An educational entity [A school district,
802	802	open-enrollment charter school, or shared services arrangement]
803	803	shall discharge or refuse to hire an employee or applicant for
804	804	employment if the entity [district, school, or shared services
805	805	arrangement] obtains information through a criminal history record
806	806	information review that the employee or applicant has been[:
807	807	[(1)] convicted of or placed on deferred adjudication
808	808	community supervision for:
809	809	(1) an offense for which a defendant is required to
810	810	register as a sex offender under Chapter 62, Code of Criminal
811	811	Procedure; [or]
812	812	(2) [convicted of:
813	813	[(A)] a felony offense under Title 4, Title 5, or
814	814	Title 8, Penal Code[, if the victim of the offense was under 18
815	815	years of age at the time the offense was committed];
816	816	(3) an offense under Chapter 43, Penal Code; or
817	817	(4) [(B)] an offense under the laws of another state
818	818	or federal law that is equivalent to an offense under Subdivision
819	819	(1), (2), or (3) [Paragraph (A)].
820	820	(b) Subsection (a) does not apply if the employee or
821	821	applicant for employment committed an offense under Title 4, Title
822	822	5, or Title 8, Penal Code and:
823	823	(1) the date of the offense is more than 30 years
824	824	before:
825	825	(A) the effective date of S.B. No. 9, Acts of the
826	826	80th Legislature, Regular Session, 2007, in the case of a person
827	827	employed by a school district, open-enrollment charter school, or
828	828	shared services arrangement as of that date; or
829	829	(B) the date the person's employment will begin,
830	830	in the case of a person applying for employment with a school
831	831	district, open-enrollment charter school, or shared services
832	832	arrangement after the effective date of S.B. No. 9, Acts of the 80th
833	833	Legislature, Regular Session, 2007; and
834	834	(2) the employee or applicant for employment satisfied
835	835	all terms of the court order entered on conviction.
836	836	(c) An educational entity [A school district,
837	837	open-enrollment charter school, or shared services arrangement]
838	838	may not allow a person who is an employee of or applicant for
839	839	employment by a qualified school contractor or an entity that
840	840	contracts with the entity [district, school, or shared services
841	841	arrangement] to serve [at the district or school or] for the entity
842	842	[shared services arrangement] if the entity [district, school, or
843	843	shared services arrangement] obtains information described by
844	844	Subsection (a) through a criminal history record information review
845	845	concerning the employee or applicant. An educational entity [A
846	846	school district, open-enrollment charter school, or shared
847	847	services arrangement] must ensure that an entity that the
848	848	educational entity [district, school, or shared services
849	849	arrangement] contracts with for services has obtained all criminal
850	850	history record information as required by Section 22.0834.
851	851	(d) An educational entity or [A school district,
852	852	open-enrollment charter school,] private school[, regional
853	853	education service center, or shared services arrangement] may
854	854	discharge an employee if the entity [district] or school obtains
855	855	information of the employee's conviction of a felony or of a
856	856	misdemeanor involving moral turpitude that the employee did not
857	857	disclose to the board [State Board for Educator Certification] or
858	858	the entity or [district,] school[, service center, or shared
859	859	services arrangement]. An employee discharged under this section
860	860	is considered to have been discharged for misconduct for purposes
861	861	of Section 207.044, Labor Code.
862	862	(e) The board [State Board for Educator Certification] may
863	863	impose a sanction on an educator, or the agency may impose a
864	864	sanction on an employee who is not an educator, who does not
865	865	discharge another [an] employee or refuse to hire an applicant for
866	866	employment if the educator or employee knows or should have known,
867	867	through a criminal history record information review, that the
868	868	other employee or applicant has been[:
869	869	[(1)] convicted of or placed on deferred adjudication
870	870	community supervision for an offense described by Subsection (a)
871	871	[(a)(1); or
872	872	[(2) convicted of an offense described by Subsection
873	873	(a)(2)].
874	874	(f) Each school year, the superintendent of a school
875	875	district or chief operating officer of an open-enrollment charter
876	876	school shall certify to the commissioner that the district or
877	877	school has complied with this section.
878	878	SECTION 1.21. Chapter 22A, Education Code, as added by this
879	879	Act, is amended by adding Subchapter E to read as follows:
880	880	SUBCHAPTER E. OTHER REPORTING REQUIREMENTS
881	881	Sec. 22A.201. REPORT BY EDUCATIONAL ENTITIES TO AGENCY. An
882	882	educational entity shall include in the entity's Public Education
883	883	Information Management System (PEIMS) report the number of
884	884	employees alleged to have engaged in misconduct described by
885	885	Section 22A.051(a)(2)(A), (B), (C), or (D) during the preceding
886	886	school year, disaggregated by whether the employee is an educator
887	887	and type of misconduct.
888	888	Sec. 22A.202. REPORT BY AGENCY. (a) The agency, in
889	889	cooperation with the board, shall, on a quarterly basis, submit to
890	890	the legislature and post on the agency's Internet website a report
891	891	on employee misconduct reported under this chapter.
892	892	(b) A report under Subsection (a) must include the number of
893	893	employees added to the registry maintained under Section 22A.151
894	894	for misconduct described by Section 22A.051(a)(2)(A), (B), (C), or
895	895	(D), disaggregated by type of misconduct, house district, senate
896	896	district, and, if applicable, school district.
897	897	SECTION 1.22. Chapter 22A, Education Code, as added by this
898	898	Act, is amended by adding Subchapter F, and a heading is added to
899	899	that subchapter to read as follows:
900	900	SUBCHAPTER F. REQUIRED MISCONDUCT REPORTING: PRIVATE SCHOOLS
901	901	SECTION 1.23. Section 21.0062, Education Code, is
902	902	transferred to Subchapter F, Chapter 22A, Education Code, as added
903	903	by this Act, redesignated as Section 22A.251, Education Code, and
904	904	amended to read as follows:
905	905	Sec. 22A.251 [21.0062]. REQUIREMENT TO REPORT MISCONDUCT:
906	906	PRIVATE SCHOOLS. (a) In this section, "private [:
907	907	[(1) "Abuse" has the meaning assigned by Section
908	908	261.001, Family Code, and includes any sexual conduct involving a
909	909	student or minor and private school educator.
910	910	[(2) "Private] school educator" means a person
911	911	employed by or seeking employment in a private school for a position
912	912	in which the person would be required to hold a certificate issued
913	913	under Subchapter B, Chapter 21, if the person were employed by a
914	914	school district.
915	915	(b) In addition to the reporting requirement under Section
916	916	261.101, Family Code, the chief administrative officer of a private
917	917	school shall notify the board [State Board for Educator
918	918	Certification] if a private school educator:
919	919	(1) has a criminal record and the private school
920	920	obtained information about the educator's criminal record; or
921	921	(2) was terminated and there is evidence that the
922	922	educator:
923	923	(A) abused or otherwise committed an unlawful act
924	924	with a student or minor; or
925	925	(B) was involved in a romantic relationship with
926	926	or solicited or engaged in sexual contact with a student or minor.
927	927	(c) If there is evidence that a private school educator may
928	928	have engaged in misconduct described by Subsection (b) and the
929	929	educator resigns from employment before completion of the
930	930	investigation, the chief administrative officer of the private
931	931	school shall submit the evidence of misconduct collected to the
932	932	board [State Board for Educator Certification].
933	933	(d) The chief administrative officer of the private school
934	934	must notify the board [State Board for Educator Certification] by
935	935	filing a report with the board not later than the seventh business
936	936	day after the date the chief administrative officer knew that a
937	937	private school educator:
938	938	(1) has a criminal record under Subsection (b)(1); or
939	939	(2) was terminated following an alleged incident of
940	940	misconduct described by Subsection (b)(2).
941	941	(e) The report filed under Subsection (d) must be:
942	942	(1) in writing; and
943	943	(2) in a form prescribed by the board.
944	944	(f) Any person who knows or has reason to believe that a
945	945	private school educator engaged in the misconduct described by
946	946	Subsection (b)(2) may file a report with the board [State Board for
947	947	Educator Certification] under this section.
948	948	(g) A chief administrative officer of a private school or
949	949	any other person who in good faith files a report with the board
950	950	[State Board for Educator Certification] under this section or
951	951	communicates with a chief administrative officer or other
952	952	administrator of a private school concerning the criminal record of
953	953	or an alleged incident of misconduct by a private school educator is
954	954	immune from civil or criminal liability that might otherwise be
955	955	incurred or imposed.
956	956	(h) The name of a student or minor who is the victim of abuse
957	957	or unlawful conduct by a private school educator must be included in
958	958	a report filed under this section, but the name of the student or
959	959	minor is not public information under Chapter 552, Government Code.
960	960	(i) The board [State Board for Educator Certification]
961	961	shall propose rules as necessary to implement this section.
962	962	ARTICLE 2. CONFORMING CHANGES
963	963	SECTION 2.01. Section 7.028(a), Education Code, is amended
964	964	to read as follows:
965	965	(a) Except as provided by Section 22A.051(m) [21.006(k)],
966	966	22A.153 [22.093(l), 22.096], 28.006, 29.001(5), 29.010(a),
967	967	33.006(h), 37.1083, 37.1084, 38.003, or 39.003, the agency may
968	968	monitor compliance with requirements applicable to a process or
969	969	program provided by a school district, campus, program, or school
970	970	granted charters under Chapter 12, including the process described
971	971	by Subchapter F, Chapter 11, or a program described by Subchapter B,
972	972	C, D, E, F, H, or I, Chapter 29, or Subchapter A, Chapter 37, only as
973	973	necessary to ensure:
974	974	(1) compliance with federal law and regulations;
975	975	(2) financial accountability, including compliance
976	976	with grant requirements;
977	977	(3) data integrity for purposes of:
978	978	(A) the Public Education Information Management
979	979	System (PEIMS); and
980	980	(B) accountability under Chapters 39 and 39A; and
981	981	(4) qualification for funding under Chapter 48.
982	982	SECTION 2.02. Section 12.0271, Education Code, is amended
983	983	to read as follows:
984	984	Sec. 12.0271. FAILURE TO DISCHARGE OR REFUSE TO HIRE OR
985	985	TERMINATE OR REFUSE SERVICES FROM CERTAIN EMPLOYEES, [OR]
986	986	APPLICANTS, OR VOLUNTEERS. A home-rule school district commits a
987	987	material violation of the school district's charter if the school
988	988	district fails to comply with the duty to discharge or refuse to
989	989	hire, or terminate or refuse to accept volunteer services from,
990	990	certain employees, [or] applicants for employment, or volunteers
991	991	under Section 22A.151 or 22A.155, as applicable [22.085 or 22.092].
992	992	SECTION 2.03. Section 12.0631, Education Code, is amended
993	993	to read as follows:
994	994	Sec. 12.0631. FAILURE TO DISCHARGE OR REFUSE TO HIRE OR
995	995	TERMINATE OR REFUSE SERVICES FROM CERTAIN EMPLOYEES, [OR]
996	996	APPLICANTS, OR VOLUNTEERS. A campus or campus program granted a
997	997	charter under this subchapter commits a material violation of its
998	998	charter if the campus or program fails to comply with the duty to
999	999	discharge or refuse to hire, or terminate or refuse to accept
1000	1000	volunteer services from, certain employees, [or] applicants for
1001	1001	employment, or volunteers under Section 12.1059, 22A.151, or
1002	1002	22A.155, as applicable [22.085, or 22.092].
1003	1003	SECTION 2.04. Section 12.104(b), Education Code, is amended
1004	1004	to read as follows:
1005	1005	(b) An open-enrollment charter school is subject to:
1006	1006	(1) a provision of this title establishing a criminal
1007	1007	offense;
1008	1008	(2) the provisions in Chapter 554, Government Code;
1009	1009	and
1010	1010	(3) a prohibition, restriction, or requirement, as
1011	1011	applicable, imposed by this title or a rule adopted under this
1012	1012	title, relating to:
1013	1013	(A) the Public Education Information Management
1014	1014	System (PEIMS) to the extent necessary to monitor compliance with
1015	1015	this subchapter as determined by the commissioner;
1016	1016	(B) criminal history records under Subchapter C,
1017	1017	Chapter 22;
1018	1018	(C) reading instruments and accelerated reading
1019	1019	instruction programs under Section 28.006;
1020	1020	(D) accelerated instruction under Section
1021	1021	28.0211;
1022	1022	(E) high school graduation requirements under
1023	1023	Section 28.025;
1024	1024	(F) special education programs under Subchapter
1025	1025	A, Chapter 29;
1026	1026	(G) bilingual education under Subchapter B,
1027	1027	Chapter 29;
1028	1028	(H) prekindergarten programs under Subchapter E
1029	1029	or E-1, Chapter 29, except class size limits for prekindergarten
1030	1030	classes imposed under Section 25.112, which do not apply;
1031	1031	(I) extracurricular activities under Section
1032	1032	33.081;
1033	1033	(J) discipline management practices or behavior
1034	1034	management techniques under Section 37.0021;
1035	1035	(K) health and safety under Chapter 38;
1036	1036	(L) the provisions of Subchapter A, Chapter 39;
1037	1037	(M) public school accountability and special
1038	1038	investigations under Subchapters A, B, C, D, F, G, and J, Chapter
1039	1039	39, and Chapter 39A;
1040	1040	(N) the requirement under Section 22A.051
1041	1041	[21.006] to report an educator's misconduct;
1042	1042	(O) intensive programs of instruction under
1043	1043	Section 28.0213;
1044	1044	(P) the right of a school employee to report a
1045	1045	crime, as provided by Section 37.148;
1046	1046	(Q) bullying prevention policies and procedures
1047	1047	under Section 37.0832;
1048	1048	(R) the right of a school under Section 37.0052
1049	1049	to place a student who has engaged in certain bullying behavior in a
1050	1050	disciplinary alternative education program or to expel the student;
1051	1051	(S) the right under Section 37.0151 to report to
1052	1052	local law enforcement certain conduct constituting assault or
1053	1053	harassment;
1054	1054	(T) a parent's right to information regarding the
1055	1055	provision of assistance for learning difficulties to the parent's
1056	1056	child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
1057	1057	(U) establishment of residency under Section
1058	1058	25.001;
1059	1059	(V) school safety requirements under Sections
1060	1060	37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,
1061	1061	37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and
1062	1062	37.2071 and Subchapter J, Chapter 37;
1063	1063	(W) the early childhood literacy and mathematics
1064	1064	proficiency plans under Section 11.185;
1065	1065	(X) the college, career, and military readiness
1066	1066	plans under Section 11.186; and
1067	1067	(Y) parental options to retain a student under
1068	1068	Section 28.02124.
1069	1069	SECTION 2.05. Section 12.1059, Education Code, is amended
1070	1070	to read as follows:
1071	1071	Sec. 12.1059. REQUIREMENTS FOR EMPLOYMENT OF CERTAIN
1072	1072	EMPLOYEES. A person may not be employed by or serve as a teacher,
1073	1073	librarian, educational aide, administrator, or school counselor
1074	1074	for an open-enrollment charter school unless:
1075	1075	(1) the person has been approved by the agency
1076	1076	following a review of the person's national criminal history record
1077	1077	information as provided by Section 22.0832; and
1078	1078	(2) the school has confirmed that the person is not
1079	1079	included in the registry under Section 22A.151 [22.092].
1080	1080	SECTION 2.06. Section 12.1151, Education Code, is amended
1081	1081	to read as follows:
1082	1082	Sec. 12.1151. FAILURE TO DISCHARGE OR REFUSE TO HIRE OR
1083	1083	TERMINATE OR REFUSE SERVICES FROM CERTAIN EMPLOYEES, [OR]
1084	1084	APPLICANTS, OR VOLUNTEERS. An open-enrollment charter school
1085	1085	commits a material violation of the school's charter if the school
1086	1086	fails to comply with the duty to discharge or refuse to hire, or
1087	1087	terminate or refuse to accept volunteer services from, certain
1088	1088	employees, [or] applicants for employment, or volunteers under
1089	1089	Section 12.1059, 22A.151, or 22A.155, as applicable [22.085, or
1090	1090	22.092].
1091	1091	SECTION 2.07. Section 12.252(b), Education Code, is amended
1092	1092	to read as follows:
1093	1093	(b) An adult education program operated under a charter
1094	1094	granted under this subchapter is subject to:
1095	1095	(1) a provision of this title establishing a criminal
1096	1096	offense; and
1097	1097	(2) a prohibition, restriction, or requirement, as
1098	1098	applicable, imposed by this title or a rule adopted under this
1099	1099	title, relating to:
1100	1100	(A) the Public Education Information Management
1101	1101	System (PEIMS) to the extent necessary as determined by the
1102	1102	commissioner to monitor compliance with this subchapter and, as
1103	1103	applicable, Subchapter D;
1104	1104	(B) criminal history records under Subchapter C,
1105	1105	Chapter 22;
1106	1106	(C) high school graduation requirements under
1107	1107	Section 28.025, to the extent applicable to a program participant;
1108	1108	(D) special education programs under Subchapter
1109	1109	A, Chapter 29;
1110	1110	(E) bilingual education under Subchapter B,
1111	1111	Chapter 29;
1112	1112	(F) health and safety under Chapter 38;
1113	1113	(G) the requirement under Section 22A.051
1114	1114	[21.006] to report an educator's misconduct; and
1115	1115	(H) the right of an employee to report a crime, as
1116	1116	provided by Section 37.148.
1117	1117	SECTION 2.08. Section 12A.008(b-1), Education Code, is
1118	1118	amended to read as follows:
1119	1119	(b-1) The commissioner may terminate a district's
1120	1120	designation as a district of innovation if the district fails to
1121	1121	comply with the duty to discharge or refuse to hire certain
1122	1122	employees or applicants for employment under Section 12.1059,
1123	1123	applicable to the district under Section 12A.004(a)(1), or Section
1124	1124	22A.151 or 22A.155 [22.085 or 22.092].
1125	1125	SECTION 2.09. Section 21.054(e), Education Code, is amended
1126	1126	to read as follows:
1127	1127	(e) Continuing education requirements for a principal must
1128	1128	provide that not more than 25 percent of the training required every
1129	1129	five years include instruction regarding:
1130	1130	(1) effective and efficient management, including:
1131	1131	(A) collecting and analyzing information;
1132	1132	(B) making decisions and managing time; and
1133	1133	(C) supervising student discipline and managing
1134	1134	behavior;
1135	1135	(2) recognizing early warning indicators that a
1136	1136	student may be at risk of dropping out of school;
1137	1137	(3) digital learning, digital teaching, and
1138	1138	integrating technology into campus curriculum and instruction;
1139	1139	(4) effective implementation of a comprehensive
1140	1140	school counseling program under Section 33.005;
1141	1141	(5) mental health programs addressing a mental health
1142	1142	condition;
1143	1143	(6) educating diverse student populations, including:
1144	1144	(A) students who are educationally
1145	1145	disadvantaged;
1146	1146	(B) emergent bilingual students; and
1147	1147	(C) students at risk of dropping out of school;
1148	1148	and
1149	1149	(7) preventing, recognizing, and reporting any sexual
1150	1150	conduct between an educator and student that is prohibited under
1151	1151	Section 21.12, Penal Code, or for which reporting is required under
1152	1152	Section 22A.051 [21.006] of this code.
1153	1153	SECTION 2.10. Section 22.0815(a), Education Code, is
1154	1154	amended to read as follows:
1155	1155	(a) In this section, "other charter entity" has the meaning
1156	1156	assigned by Section 22A.001 [21.006].
1157	1157	SECTION 2.11. Section 22.0825(a), Education Code, is
1158	1158	amended to read as follows:
1159	1159	(a) In this section, "other charter entity" has the meaning
1160	1160	assigned by Section 22A.001 [21.006].
1161	1161	SECTION 2.12. Section 22.0833(g), Education Code, is
1162	1162	amended to read as follows:
1163	1163	(g) A school district, open-enrollment charter school, or
1164	1164	shared services arrangement shall provide the agency with the name
1165	1165	of a person to whom this section applies. The agency shall obtain
1166	1166	all criminal history record information of the person through the
1167	1167	criminal history clearinghouse as provided by Section 411.0845,
1168	1168	Government Code. The agency shall examine the criminal history
1169	1169	record information of the person and notify the district, school,
1170	1170	or shared services arrangement if the person may not be hired or
1171	1171	must be discharged as provided by Section 22A.155 [22.085].
1172	1172	SECTION 2.13. Section 22.0834(o), Education Code, is
1173	1173	amended to read as follows:
1174	1174	(o) A school district, charter school, regional education
1175	1175	service center, commercial transportation company, education
1176	1176	shared services arrangement, or qualified school contractor,
1177	1177	contracting entity, or subcontracting entity may not permit an
1178	1178	employee to whom Subsection (a) applies to provide services at a
1179	1179	school if the employee has been convicted of a felony or misdemeanor
1180	1180	offense that would prevent a person from being employed under
1181	1181	Section 22A.155(a) [22.085(a)].
1182	1182	SECTION 2.14. Section 22.0836(g), Education Code, is
1183	1183	amended to read as follows:
1184	1184	(g) A school district, open-enrollment charter school, or
1185	1185	shared services arrangement shall provide the agency with the name
1186	1186	of a person to whom this section applies. The agency shall obtain
1187	1187	all criminal history record information of the person through the
1188	1188	criminal history clearinghouse as provided by Section 411.0845,
1189	1189	Government Code. The agency shall examine the criminal history
1190	1190	record information and certification records of the person and
1191	1191	notify the district, school, or shared services arrangement if the
1192	1192	person:
1193	1193	(1) may not be hired or must be discharged as provided
1194	1194	by Section 22A.155 [22.085]; or
1195	1195	(2) may not be employed as a substitute teacher
1196	1196	because the person's educator certification has been revoked or is
1197	1197	suspended.
1198	1198	SECTION 2.15. Section 33.913(b), Education Code, is amended
1199	1199	to read as follows:
1200	1200	(b) To participate in the program as a tutor, a person must:
1201	1201	(1) be an active or retired teacher;
1202	1202	(2) apply for the position in a manner specified by the
1203	1203	nonprofit organization;
1204	1204	(3) designate in the application whether the person
1205	1205	plans to provide tutoring:
1206	1206	(A) for compensation, on a volunteer basis, or
1207	1207	both; and
1208	1208	(B) in person, online, or both; and
1209	1209	(4) not be included in the registry of persons not
1210	1210	eligible for employment by a public school under Section 22A.151
1211	1211	[22.092].
1212	1212	SECTION 2.16. Section 39.0302(a), Education Code, is
1213	1213	amended to read as follows:
1214	1214	(a) During an agency investigation or audit of a school
1215	1215	district under Section 39.0301(e) or (f), a special investigation
1216	1216	under Section 39.003(a)(8) or (14), a compliance review under
1217	1217	Section 22A.051(m) [21.006(k), 22.093(l),] or 22A.153 [22.096], or
1218	1218	an investigation by the State Board for Educator Certification of
1219	1219	an educator for an alleged violation of an assessment instrument
1220	1220	security procedure established under Section 39.0301(a), the
1221	1221	commissioner may issue a subpoena to compel the attendance of a
1222	1222	relevant witness or the production, for inspection or copying, of
1223	1223	relevant evidence that is located in this state.
1224	1224	SECTION 2.17. Section 810.003(a), Health and Safety Code,
1225	1225	is amended to read as follows:
1226	1226	(a) The department, in collaboration with each
1227	1227	participating state agency, shall establish an interagency
1228	1228	reportable conduct search engine for persons to search information
1229	1229	on reportable conduct in accordance with this chapter and rules
1230	1230	adopted under this chapter maintained by:
1231	1231	(1) the Department of Family and Protective Services
1232	1232	in the central registry established under Section 261.002, Family
1233	1233	Code;
1234	1234	(2) the Health and Human Services Commission in the
1235	1235	employee misconduct registry established under Chapter 253;
1236	1236	(3) the Texas Education Agency in the registry
1237	1237	established under Section 22A.151 [22.092], Education Code; and
1238	1238	(4) the Texas Juvenile Justice Department in the
1239	1239	integrated certification information system and in any informal
1240	1240	list the Texas Juvenile Justice Department maintains.
1241	1241	SECTION 2.18. Section 810.004(b), Health and Safety Code,
1242	1242	is amended to read as follows:
1243	1243	(b) In addition to the eligible individuals described by
1244	1244	Subsection (a), each participating state agency shall designate
1245	1245	additional users who are eligible to access the search engine and
1246	1246	may require those users to determine whether an individual has
1247	1247	engaged in reportable conduct. The additional designated users may
1248	1248	include controlling persons, hiring managers, or administrators
1249	1249	of:
1250	1250	(1) licensed or certified long-term care providers,
1251	1251	including:
1252	1252	(A) home and community support services agencies
1253	1253	licensed under Chapter 142;
1254	1254	(B) nursing facilities licensed under Chapter
1255	1255	242;
1256	1256	(C) assisted living facilities licensed under
1257	1257	Chapter 247;
1258	1258	(D) prescribed pediatric extended care centers
1259	1259	licensed under Chapter 248A;
1260	1260	(E) intermediate care facilities for individuals
1261	1261	with an intellectual disability licensed under Chapter 252;
1262	1262	(F) state supported living centers, as defined by
1263	1263	Section 531.002; and
1264	1264	(G) day activity and health services facilities
1265	1265	licensed under Chapter 103, Human Resources Code;
1266	1266	(2) providers under a Section 1915(c) waiver program,
1267	1267	as defined by Section 521.0001 [531.001], Government Code;
1268	1268	(3) juvenile probation departments and registered
1269	1269	juvenile justice facilities;
1270	1270	(4) independent school districts, districts of
1271	1271	innovation, open-enrollment charter schools, other charter
1272	1272	entities, as defined by Section 22A.001 [21.006], Education Code,
1273	1273	regional education service centers, education shared services
1274	1274	arrangements, or any other educational entity or provider that is
1275	1275	authorized to access the registry established under Section 22A.151
1276	1276	[22.092], Education Code;
1277	1277	(5) private schools that:
1278	1278	(A) offer a course of instruction for students in
1279	1279	this state in one or more grades from prekindergarten through grade
1280	1280	12; and
1281	1281	(B) are:
1282	1282	(i) accredited by an organization
1283	1283	recognized by the Texas Education Agency or the Texas Private
1284	1284	School Accreditation Commission;
1285	1285	(ii) listed in the database of the National
1286	1286	Center for Education Statistics of the United States Department of
1287	1287	Education; or
1288	1288	(iii) otherwise authorized by Texas
1289	1289	Education Agency rule to access the search engine; and
1290	1290	(6) nonprofit teacher organizations approved by the
1291	1291	commissioner of education for the purpose of participating in the
1292	1292	tutoring program established under Section 33.913, Education Code.
1293	1293	SECTION 2.19. The following provisions of the Education
1294	1294	Code are repealed:
1295	1295	(1) the heading to Section 21.006;
1296	1296	(2) the heading to Subchapter C-1, Chapter 22;
1297	1297	(3) Section 22.091; and
1298	1298	(4) Section 22.093.
1299	1299	ARTICLE 3. TRANSITION AND EFFECTIVE DATE
1300	1300	SECTION 3.01. This Act applies beginning with the 2025-2026
1301	1301	school year.
1302	1302	SECTION 3.02. To the extent of any conflict, this Act
1303	1303	prevails over another Act of the 89th Legislature, Regular Session,
1304	1304	2025, relating to nonsubstantive additions to and corrections in
1305	1305	enacted codes.
1306	1306	SECTION 3.03. Except as otherwise provided by this Act,
1307	1307	this Act takes effect immediately if it receives a vote of
1308	1308	two-thirds of all the members elected to each house, as provided by
1309	1309	Section 39, Article III, Texas Constitution. If this Act does not
1310	1310	receive the vote necessary for immediate effect, this Act takes
1311	1311	effect September 1, 2025.