Texas 2025 - 89th Regular

Texas House Bill HB5406 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Lowe H.B. No. 5406
	2	+
	3	+
2	4
3	5
4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to the creation of the office of inspector general,
7	9		appointed by the State Board of Education, with jurisdiction to
8	10		investigate allegations of public school employee misconduct.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Subtitle D, Title 2, Education Code, is amended
11	13		by adding Chapter 22A to read as follows:
12	14		CHAPTER 22A. OFFICE OF INSPECTOR GENERAL
13	15		SUBCHAPTER A. GENERAL PROVISIONS
14	16		Sec. 22A.001. DEFINITION. In this chapter, "office" means
15	17		the office of inspector general established under this chapter.
16	18		Sec. 22A.002. OFFICE OF INSPECTOR GENERAL. (a) The office
17	19		of inspector general is established as a division of the State Board
18	20		of Education. The office shall operate independently in performing
19	21		the office's duties under this chapter, and the board may not
20	22		maintain control of or have a vested interest in or exert influence
21	23		over the office.
22	24		(b) The board shall appoint an inspector general to serve as
23	25		director of the office. The inspector general serves a term of four
24	26		years and must be limited to no greater than 12 years total as
25	27		inspector general, whether consecutive or non-consecutive. The
26	28		inspector general may be removed for cause only by a unanimous vote
27	29		of the board. A former inspector general may be employed in the
28	30		office in a subordinate role.
29	31		(c) The board shall provide staff and administrative
30	32		resources and support services as necessary to ensure that
31	33		investigations authorized by this chapter are conducted
32	34		expeditiously.
33	35		SUBCHAPTER B. POWERS AND DUTIES
34	36		Sec. 22A.051. GENERAL RESPONSIBILITIES. (a) The office is
35	37		responsible for the investigation of allegations of public school
36	38		employee misconduct described by Section 21.006(b)(2)(A) or (A-1)
37	39		or 22.093(c)(1)(A) or (B).
38	40		(b) The office may:
39	41		(1) receive and investigate allegations of public
40	42		school employee misconduct described by Section 21.006(b)(2)(A) or
41	43		(A-1) or 22.093(c)(1)(A) or (B);
42	44		(2) conduct special investigations authorized by the
43	45		board under Section 39.003(a); and
44	46		(3) make findings of fact regarding an allegation
45	47		described by Subdivision (1).
46	48		(c) The office shall perform all other duties and exercise
47	49		all other powers granted to the office by this chapter or other law.
48	50		Sec. 22A.052. GENERAL POWERS. (a) The office has all the
49	51		powers necessary or appropriate to carry out its responsibilities
50	52		and functions under this chapter and other law.
51	53		(b) Subject to Subsection (c), in conducting an
52	54		investigation under this chapter, the office may:
53	55		(1) attend any meeting or proceeding of a school
54	56		district or open-enrollment charter school, including a meeting or
55	57		proceeding that is closed to the public, except for a private
56	58		consultation of the entity with its attorney permitted under
57	59		Section 551.071, Government Code; and
58	60		(2) inspect the records, documents, and files of a
59	61		school district or open-enrollment charter school, including any
60	62		record, document, or file that is not subject to public disclosure
61	63		under Chapter 552, Government Code, or other law.
62	64		(c) The office's authority under Subsection (b) applies
63	65		only to a meeting, a proceeding, or information that is relevant to
64	66		the discovery of relevant information regarding an allegation of
65	67		public school employee misconduct described by Section
66	68		21.006(b)(2)(A) or (A-1) or 22.093(c)(1)(A) or (B). The office may
67	69		not inspect a record, document, or file that is a privileged
68	70		communication between an individual and the individual's attorney.
69	71		(d) The inspection or disclosure of a record, document, or
70	72		file for purposes of an investigation under this chapter is not a
71	73		voluntary disclosure under Section 552.007, Government Code. A
72	74		record, document, or file made available to the office for purposes
73	75		of an investigation under this chapter is not subject to public
74	76		disclosure by the office.
75	77		Sec. 22A.053. SUBPOENAS. (a) The inspector general may
76	78		issue a subpoena to compel the attendance of a relevant witness at
77	79		a hearing or deposition under this chapter or to compel the
78	80		production, for inspection or copying, of books, papers, records,
79	81		documents, or other relevant materials, including electronic data,
80	82		in connection with an investigation, review, hearing, or
81	83		deposition conducted under this chapter.
82	84		(b) A subpoena may be served personally or by certified
83	85		mail. If a person fails to comply with a subpoena, the inspector
84	86		general, acting through the attorney general, may file suit to
85	87		enforce the subpoena in a district court in this state.
86	88		(c) On finding that good cause exists for issuing the
87	89		subpoena, the court shall order the person to comply with the
88	90		subpoena. The court may hold in contempt a person who fails to obey
89	91		the court order.
90	92		Sec. 22A.054. COOPERATION WITH LOCAL LAW ENFORCEMENT. The
91	93		office may refer matters for further criminal action to an
92	94		appropriate local law enforcement agency.
93	95		Sec. 22A.055. CONFIDENTIALITY. (a) Information received by
94	96		the office regarding an allegation of misconduct is confidential
95	97		and not subject to disclosure under Chapter 552, Government Code.
96	98		The office shall maintain the information in a manner that
97	99		preserves the information's confidentiality.
98	100		(b) The disclosure of confidential information to the
99	101		office under this chapter does not constitute a waiver of
100	102		confidentiality. Any information disclosed to the office under
101	103		this chapter remains confidential and privileged following
102	104		disclosure.
103	105		(c) This section does not prohibit the office from
104	106		communicating with the Texas Education Agency, the State Board of
105	107		Education, a school district, or an open-enrollment charter school,
106	108		regarding confidential information disclosed to the office by the
107	109		agency, board, district, or open-enrollment charter school.
108	110		Sec. 22A.056. RETALIATION PROHIBITED. (a) The agency, the
109	111		board, a school district, or an open-enrollment charter school may
110	112		not retaliate against:
111	113		(1) a parent of a child enrolled in a school district
112	114		or open-enrollment charter school who in good faith reports an
113	115		allegation of misconduct to the office;
114	116		(2) a child enrolled in a school district or
115	117		open-enrollment charter school whose parent in good faith reports
116	118		an allegation of misconduct to the office; or
117	119		(3) any person, including an employee of the agency,
118	120		board, district, or open-enrollment charter school, who in good
119	121		faith cooperates with the office in an investigation.
120	122		(b) The office shall collaborate with the board to establish
121	123		consequences for a retaliatory action taken in violation of this
122	124		section.
123	125		Sec. 22A.057. REPORT. The inspector general shall issue
124	126		and file with the board a report that contains the inspector
125	127		general's final determinations regarding an allegation of
126	128		misconduct and any recommended actions to be taken as a result of
127	129		the allegation.
128	130		SECTION 2. Section 39.003(a), Education Code, is amended to
129	131		read as follows:
130	132		(a) The commissioner, or inspector general as established
131	133		by Chapter 22A, may authorize special investigations to be
132	134		conducted:
133	135		(1) when excessive numbers of absences of students
134	136		eligible to be tested on state assessment instruments are
135	137		determined;
136	138		(2) when excessive numbers of allowable exemptions
137	139		from the required state assessment instruments are determined;
138	140		(3) in response to complaints submitted to the State
139	141		Board of Education [agency] with respect to alleged violations of
140	142		civil rights or other requirements imposed on the state by federal
141	143		law or court order;
142	144		(4) in response to established compliance reviews of
143	145		the district's financial accounting practices and state and federal
144	146		program requirements;
145	147		(5) when extraordinary numbers of student placements
146	148		in disciplinary alternative education programs, other than
147	149		placements under Sections 37.006 and 37.007, are determined;
148	150		(6) in response to an allegation involving a conflict
149	151		between members of the school board of trustees or between the State
150	152		Board of Education [board] the district administration if it
151	153		appears that the conflict involves a violation of a role or duty of
152	154		the school board members or the administration clearly defined by
153	155		this code;
154	156		(7) when excessive numbers of students in special
155	157		education programs under Subchapter A, Chapter 29, are assessed
156	158		through assessment instruments developed or adopted under Section
157	159		39.023(b);
158	160		(8) in response to an allegation regarding or an
159	161		analysis using a statistical method result indicating a possible
160	162		violation of an assessment instrument security procedure
161	163		established under Section 39.0301, including for the purpose of
162	164		investigating or auditing a school district under that section;
163	165		(9) when a significant pattern of decreased academic
164	166		performance has developed as a result of the promotion in the
165	167		preceding two school years of students who did not perform
166	168		satisfactorily as determined by the commissioner, or inspector
167	169		general as established by Chapter 22A, under Section 39.0241(a) on
168	170		assessment instruments administered under Section 39.023(a), (c),
169	171		or (l);
170	172		(10) when excessive numbers of students eligible to
171	173		enroll fail to complete an Algebra II course or any other advanced
172	174		course as determined by the commissioner, or inspector general as
173	175		established by Chapter 22A;
174	176		(11) when resource allocation practices as evaluated
175	177		under Section 39.0821 indicate a potential for significant
176	178		improvement in resource allocation;
177	179		[(12) when a disproportionate number of students of a
178	180		particular demographic group is graduating with a particular
179	181		endorsement under Section 28.025(c-1);]
180	182		(12) [(13)] when an excessive number of students is
181	183		graduating with a particular endorsement under Section
182	184		28.025(c-1);
183	185		(13) [(14)] in response to a complaint submitted to the
184	186		board [agency] with respect to alleged inaccurate data that is
185	187		reported through the Public Education Information Management
186	188		System (PEIMS) or through other reports required by state or
187	189		federal law or rule or court order and that is used by the board
188	190		[agency] to make a determination relating to public school
189	191		accountability, including accreditation, under this chapter;
190	192		(14) [(15)] when 10 percent or more of the students
191	193		graduating in a particular school year from a particular high
192	194		school campus are awarded a diploma based on the determination of an
193	195		individual graduation committee under Section 28.0258;
194	196		(15) [(16)] when a school district for any reason
195	197		fails to produce, at the request of the board [agency], evidence or
196	198		an investigation report relating to an educator who is under
197	199		investigation by the State Board for Educator Certification; [or]
198	200		(16) [(17)] by the office of inspector general for the
199	201		purpose of investigating allegations of public school employee
200	202		misconduct described by Section 21.006(b)(2)(A) or (A-1) or
201	203		22.093(c)(1)(A) or (B); or
202	204		(17) as the commissioner or inspector general
203	205		otherwise determines necessary.
204	206		SECTION 3. As soon as practicable after the effective date
205	207		of this Act, the State Board of Education shall appoint an inspector
206	208		general under Chapter 22A, Education Code, as added by this Act.
207	209		SECTION 4. This Act takes effect September 1, 2025.