By: Lowe H.B. No. 5406
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the office of inspector general,
appointed by the State Board of Education, with jurisdiction to
investigate allegations of public school employee misconduct.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle D, Title 2, Education Code, is amended
by adding Chapter 22A to read as follows:
CHAPTER 22A. OFFICE OF INSPECTOR GENERAL
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 22A.001. DEFINITION. In this chapter, "office" means
the office of inspector general established under this chapter.
Sec. 22A.002. OFFICE OF INSPECTOR GENERAL. (a) The office
of inspector general is established as a division of the State Board
of Education. The office shall operate independently in performing
the office's duties under this chapter, and the board may not
maintain control of or have a vested interest in or exert influence
over the office.
(b) The board shall appoint an inspector general to serve as
director of the office. The inspector general serves a term of four
years and must be limited to no greater than 12 years total as
inspector general, whether consecutive or non-consecutive. The
inspector general may be removed for cause only by a unanimous vote
of the board. A former inspector general may be employed in the
office in a subordinate role.
(c) The board shall provide staff and administrative
resources and support services as necessary to ensure that
investigations authorized by this chapter are conducted
expeditiously.
SUBCHAPTER B. POWERS AND DUTIES
Sec. 22A.051. GENERAL RESPONSIBILITIES. (a) The office is
responsible for the investigation of allegations of public school
employee misconduct described by Section 21.006(b)(2)(A) or (A-1)
or 22.093(c)(1)(A) or (B).
(b) The office may:
(1) receive and investigate allegations of public
school employee misconduct described by Section 21.006(b)(2)(A) or
(A-1) or 22.093(c)(1)(A) or (B);
(2) conduct special investigations authorized by the
board under Section 39.003(a); and
(3) make findings of fact regarding an allegation
described by Subdivision (1).
(c) The office shall perform all other duties and exercise
all other powers granted to the office by this chapter or other law.
Sec. 22A.052. GENERAL POWERS. (a) The office has all the
powers necessary or appropriate to carry out its responsibilities
and functions under this chapter and other law.
(b) Subject to Subsection (c), in conducting an
investigation under this chapter, the office may:
(1) attend any meeting or proceeding of a school
district or open-enrollment charter school, including a meeting or
proceeding that is closed to the public, except for a private
consultation of the entity with its attorney permitted under
Section 551.071, Government Code; and
(2) inspect the records, documents, and files of a
school district or open-enrollment charter school, including any
record, document, or file that is not subject to public disclosure
under Chapter 552, Government Code, or other law.
(c) The office's authority under Subsection (b) applies
only to a meeting, a proceeding, or information that is relevant to
the discovery of relevant information regarding an allegation of
public school employee misconduct described by Section
21.006(b)(2)(A) or (A-1) or 22.093(c)(1)(A) or (B). The office may
not inspect a record, document, or file that is a privileged
communication between an individual and the individual's attorney.
(d) The inspection or disclosure of a record, document, or
file for purposes of an investigation under this chapter is not a
voluntary disclosure under Section 552.007, Government Code. A
record, document, or file made available to the office for purposes
of an investigation under this chapter is not subject to public
disclosure by the office.
Sec. 22A.053. SUBPOENAS. (a) The inspector general may
issue a subpoena to compel the attendance of a relevant witness at
a hearing or deposition under this chapter or to compel the
production, for inspection or copying, of books, papers, records,
documents, or other relevant materials, including electronic data,
in connection with an investigation, review, hearing, or
deposition conducted under this chapter.
(b) A subpoena may be served personally or by certified
mail. If a person fails to comply with a subpoena, the inspector
general, acting through the attorney general, may file suit to
enforce the subpoena in a district court in this state.
(c) On finding that good cause exists for issuing the
subpoena, the court shall order the person to comply with the
subpoena. The court may hold in contempt a person who fails to obey
the court order.
Sec. 22A.054. COOPERATION WITH LOCAL LAW ENFORCEMENT. The
office may refer matters for further criminal action to an
appropriate local law enforcement agency.
Sec. 22A.055. CONFIDENTIALITY. (a) Information received by
the office regarding an allegation of misconduct is confidential
and not subject to disclosure under Chapter 552, Government Code.
The office shall maintain the information in a manner that
preserves the information's confidentiality.
(b) The disclosure of confidential information to the
office under this chapter does not constitute a waiver of
confidentiality. Any information disclosed to the office under
this chapter remains confidential and privileged following
disclosure.
(c) This section does not prohibit the office from
communicating with the Texas Education Agency, the State Board of
Education, a school district, or an open-enrollment charter school,
regarding confidential information disclosed to the office by the
agency, board, district, or open-enrollment charter school.
Sec. 22A.056. RETALIATION PROHIBITED. (a) The agency, the
board, a school district, or an open-enrollment charter school may
not retaliate against:
(1) a parent of a child enrolled in a school district
or open-enrollment charter school who in good faith reports an
allegation of misconduct to the office;
(2) a child enrolled in a school district or
open-enrollment charter school whose parent in good faith reports
an allegation of misconduct to the office; or
(3) any person, including an employee of the agency,
board, district, or open-enrollment charter school, who in good
faith cooperates with the office in an investigation.
(b) The office shall collaborate with the board to establish
consequences for a retaliatory action taken in violation of this
section.
Sec. 22A.057. REPORT. The inspector general shall issue
and file with the board a report that contains the inspector
general's final determinations regarding an allegation of
misconduct and any recommended actions to be taken as a result of
the allegation.
SECTION 2. Section 39.003(a), Education Code, is amended to
read as follows:
(a) The commissioner, or inspector general as established
by Chapter 22A, may authorize special investigations to be
conducted:
(1) when excessive numbers of absences of students
eligible to be tested on state assessment instruments are
determined;
(2) when excessive numbers of allowable exemptions
from the required state assessment instruments are determined;
(3) in response to complaints submitted to the State
Board of Education [agency] with respect to alleged violations of
civil rights or other requirements imposed on the state by federal
law or court order;
(4) in response to established compliance reviews of
the district's financial accounting practices and state and federal
program requirements;
(5) when extraordinary numbers of student placements
in disciplinary alternative education programs, other than
placements under Sections 37.006 and 37.007, are determined;
(6) in response to an allegation involving a conflict
between members of the school board of trustees or between the State
Board of Education [board] the district administration if it
appears that the conflict involves a violation of a role or duty of
the school board members or the administration clearly defined by
this code;
(7) when excessive numbers of students in special
education programs under Subchapter A, Chapter 29, are assessed
through assessment instruments developed or adopted under Section
39.023(b);
(8) in response to an allegation regarding or an
analysis using a statistical method result indicating a possible
violation of an assessment instrument security procedure
established under Section 39.0301, including for the purpose of
investigating or auditing a school district under that section;
(9) when a significant pattern of decreased academic
performance has developed as a result of the promotion in the
preceding two school years of students who did not perform
satisfactorily as determined by the commissioner, or inspector
general as established by Chapter 22A, under Section 39.0241(a) on
assessment instruments administered under Section 39.023(a), (c),
or (l);
(10) when excessive numbers of students eligible to
enroll fail to complete an Algebra II course or any other advanced
course as determined by the commissioner, or inspector general as
established by Chapter 22A;
(11) when resource allocation practices as evaluated
under Section 39.0821 indicate a potential for significant
improvement in resource allocation;
[(12) when a disproportionate number of students of a
particular demographic group is graduating with a particular
endorsement under Section 28.025(c-1);]
(12) [(13)] when an excessive number of students is
graduating with a particular endorsement under Section
28.025(c-1);
(13) [(14)] in response to a complaint submitted to the
board [agency] with respect to alleged inaccurate data that is
reported through the Public Education Information Management
System (PEIMS) or through other reports required by state or
federal law or rule or court order and that is used by the board
[agency] to make a determination relating to public school
accountability, including accreditation, under this chapter;
(14) [(15)] when 10 percent or more of the students
graduating in a particular school year from a particular high
school campus are awarded a diploma based on the determination of an
individual graduation committee under Section 28.0258;
(15) [(16)] when a school district for any reason
fails to produce, at the request of the board [agency], evidence or
an investigation report relating to an educator who is under
investigation by the State Board for Educator Certification; [or]
(16) [(17)] by the office of inspector general for the
purpose of investigating allegations of public school employee
misconduct described by Section 21.006(b)(2)(A) or (A-1) or
22.093(c)(1)(A) or (B); or
(17) as the commissioner or inspector general
otherwise determines necessary.
SECTION 3. As soon as practicable after the effective date
of this Act, the State Board of Education shall appoint an inspector
general under Chapter 22A, Education Code, as added by this Act.
SECTION 4. This Act takes effect September 1, 2025.