89R19773 TYPED
By: Leach H.B. No. 7
A BILL TO BE ENTITLED
AN ACT
relating to parental rights in public education and to the
reporting of certain misconduct and child abuse and neglect;
authorizing an administrative penalty; creating criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. PARENTAL RIGHTS
SECTION 1.01. Section 7.057, Education Code, is amended by
amending Subsections (a) and (e) and adding Subsections (c-1) and
(g) to read as follows:
(a) Except as provided by Subsection (e), a person may
appeal in writing to the commissioner if the person is aggrieved
by[:
[(1) the school laws of this state; or
[(2)] actions or decisions of any school district
board of trustees that violate:
(1) [(A)] the school laws of this state; or
(2) [(B)] a provision of a written employment contract
between the school district and a school district employee, if a
violation causes or would cause monetary harm to the employee.
(c-1) In an appeal against a school district, the
commissioner may:
(1) if the record is insufficient for the commissioner
to resolve the appeal, remand the case to the district and order an
investigation and development of the record; or
(2) if the commissioner determines that an action or
decision of the district's board of trustees violated a law or
provision described by Subsection (a):
(A) reverse the case or remand the case to the
board of trustees for additional proceedings; and
(B) order the board of trustees to take
corrective action the commissioner determines appropriate to
remedy the violation.
(e) This section does not apply to:
(1) a case to which Subchapter G, Chapter 21, applies;
[or]
(2) a case involving extracurricular activities; or
(3) a student disciplinary action under Chapter 37.
(g) The commissioner may adopt rules as necessary to
implement this section.
SECTION 1.02. Subchapter C, Chapter 7, Education Code, is
amended by adding Sections 7.0571 and 7.0572 to read as follows:
Sec. 7.0571. REMAND. (a) In an appeal against a school
district under Section 7.057, the commissioner may remand the case
to the district for rehearing under Chapter 26A if the commissioner
determines that the appeal would have likely succeeded on the
merits if not for:
(1) a fatal procedural error at the district level;
(2) failure to allege the correct statutory violation;
or
(3) failure to develop necessary evidence at the
district level.
(b) In remanding a case under Subsection (a), the
commissioner may:
(1) identify specific issues or law for the school
district to address; and
(2) alter the timelines provided under Chapter 26A.
(c) A case remanded under this section may be appealed again
under Section 7.057, and the timelines established by that section
apply to the appeal unless the commissioner provides for a shorter
timeline.
(d) The commissioner may adopt rules as necessary to
implement this section.
Sec. 7.0572. DISPUTE RESOLUTION FACILITATION. (a) The
commissioner shall develop a program for the training and review of
dispute resolution facilitators.
(b) The commissioner shall establish requirements for a
person to qualify as a dispute resolution facilitator under this
section.
(c) In an appeal against a school district under Section
7.057, the commissioner may refer to dispute resolution
facilitation under this section a case involving a grievance by a
parent of or person standing in parental relation to a student
enrolled in the district arising from the parent's or person's
status as a parent of or person standing in parental relation to the
student if:
(1) the grievance does not allege:
(A) conduct described by Section 7.057(a) or (e);
or
(B) conduct for which Title 1 or 2, other than
Section 11.151(b), makes a specific decision of the district's
board of trustees final and unappealable or not subject to review;
and
(2) the commissioner determines that the district's
conduct should be reviewed for substantial error that is apparent
from the record.
(d) The commissioner shall appoint a dispute resolution
facilitator to an appeal referred to dispute resolution
facilitation under Subsection (c). A dispute resolution
facilitator:
(1) shall:
(A) propose factual findings related to the
grievance;
(B) consider information provided by the person
who filed the grievance and the school district;
(C) facilitate a resolution between the person
who filed the grievance and the school district; and
(D) if no resolution is possible, render a
decision that includes findings of fact and conclusions of law; and
(2) may recommend a remand of the grievance or grant
relief or redress to the person who filed the grievance in the same
manner as the commissioner under Section 7.057.
(e) The commissioner may adopt or reject the final
determination of a dispute resolution facilitator. If the
commissioner rejects the determination, no decision on the matter
is issued. If the commissioner adopts the determination, the
determination is binding on the parties. A determination by the
commissioner under this subsection is final and may not be
appealed, including under Section 7.057(d).
(f) The school district against which the grievance was
filed shall pay the cost of the dispute resolution facilitator, the
hearing room, the certified court reporter at the hearing, and the
production of any original hearing transcript.
(g) Section 7.057(a-1) applies to conduct that may be
referred to dispute resolution facilitation under Subsection
(c)(1).
(h) The commissioner may adopt rules as necessary to
implement this section.
SECTION 1.03. Subchapter A, Chapter 11, Education Code, is
amended by adding Section 11.004 to read as follows:
Sec. 11.004. COMPLIANCE WITH MANDATORY POLICY. A school
district, the district's board of trustees, and the district's
employees shall implement and comply with each policy the district
is required to adopt under this code or other law.
SECTION 1.04. The heading to Section 11.1518, Education
Code, is amended to read as follows:
Sec. 11.1518. TRUSTEE INFORMATION [POSTED ON WEBSITE].
SECTION 1.05. Section 11.1518, Education Code, is amended
by amending Subsection (c) and adding Subsections (d) and (e) to
read as follows:
(c) Not later than the 30th day after a new person is sworn
in as a member [Each time there is a change in the membership] of a
school district's board of trustees, the district shall update the
information required under Subsection (a) and, as applicable:
(1) post the updated information on the district's
Internet website; or
(2) submit the updated information to the agency for
posting on the agency's Internet website in accordance with
Subsection (b).
(d) A school district shall annually submit to the agency
the information required under Subsection (a) for each member of
the district's board of trustees. The information must:
(1) identify the member designated as chair; and
(2) be updated as required by Subsection (c).
(e) The commissioner may adopt rules as necessary to
implement this section.
SECTION 1.06. Section 12A.004(a), Education Code, is
amended to read as follows:
(a) A local innovation plan may not provide for the
exemption of a district designated as a district of innovation from
the following provisions of this title:
(1) a state or federal requirement applicable to an
open-enrollment charter school operating under Subchapter D,
Chapter 12;
(2) Subchapters A, C, D, and E, Chapter 11, except that
a district may be exempt from Sections 11.1511(b)(5) and (14) and
Section 11.162;
(3) the grievance policy under Chapter 26A;
(4) state curriculum and graduation requirements
adopted under Chapter 28; and
(5) [(4)] academic and financial accountability and
sanctions under Chapters 39 and 39A.
SECTION 1.07. Section 21.048(c-1), Education Code, is
amended to read as follows:
(c-1) The results of an examination administered under this
section are confidential and are not subject to disclosure under
Chapter 552, Government Code, unless the disclosure is regarding
notification to a parent of the assignment of an uncertified
teacher to a classroom as required by Section 26.0083 [21.057].
SECTION 1.08. Chapter 26, Education Code, is amended by
adding Sections 26.0021 and 26.0022 to read as follows:
Sec. 26.0021. PARENTAL RIGHTS INFORMATION. (a) The agency
shall create and maintain a document that informs a parent of the
parent's rights regarding the education of the parent's child
provided under this chapter.
(b) The document must:
(1) include information regarding accessing the
contents of this chapter;
(2) be made publicly available in a prominent place on
the Internet website of the agency and each school district; and
(3) be provided to parents at the beginning of each
school year in an electronic or hard copy format.
Sec. 26.0022. RIGHT TO SELECT EDUCATIONAL SETTING. A
parent is entitled to choose the educational setting for the
parent's child, including public school, private school, or home
school.
SECTION 1.09. Section 26.004(b), Education Code, is amended
to read as follows:
(b) A parent is entitled to access to all written records of
a school district concerning the parent's child, including:
(1) attendance records;
(2) test scores;
(3) grades;
(4) disciplinary records;
(5) counseling records;
(6) psychological records;
(7) applications for admission;
(8) health and immunization information;
(9) teacher and school counselor evaluations;
(10) reports of behavioral patterns; [and]
(11) records relating to assistance provided for
learning difficulties, including information collected regarding
any intervention strategies used with the child; and
(12) records relating to library materials checked out
by the child from a school library.
SECTION 1.10. Section 26.006, Education Code, is amended by
adding Subsection (g) to read as follows:
(g) Each school district and open-enrollment charter school
shall post on the home page of the district's or school's Internet
website a notice stating that a parent of a student enrolled in the
district or school is entitled to review the materials described by
Subsection (a)(1) and may request that the district or school make
the materials available for review as provided by this section.
SECTION 1.11. Chapter 26, Education Code, is amended by
adding Section 26.0062 to read as follows:
Sec. 26.0062. REQUIRED DISCLOSURE REGARDING INSTRUCTIONAL
PLAN. (a) Each school district shall adopt a policy to make
available on the district's Internet website at the beginning of
each semester an instructional plan or course syllabus for each
class offered in the district for that semester.
(b) The policy adopted under Subsection (a) must:
(1) require each teacher to provide before the
beginning of each semester a copy of the teacher's instructional
plan or course syllabus for each class for which the teacher
provides instruction to:
(A) district administration; and
(B) the parent of each student enrolled in the
class; and
(2) provide for additional copies of an instructional
plan or course syllabus to be made available to a parent of a
student enrolled in the class on the parent's request.
SECTION 1.12. Section 21.057, Education Code, is
transferred to Chapter 26, Education Code, redesignated as Section
26.0083, Education Code, and amended to read as follows:
Sec. 26.0083 [21.057]. PARENTAL NOTIFICATION REGARDING
TEACHER CERTIFICATION. (a) A school district that assigns an
inappropriately certified or uncertified teacher to the same
classroom for more than 30 consecutive instructional days during
the same school year shall provide written notice of the assignment
to a parent or guardian of each student in that classroom.
(b) The superintendent of the school district shall provide
the notice required by Subsection (a) not later than the 30th
instructional day after the date of the assignment of the
inappropriately certified or uncertified teacher.
(c) The school district shall:
(1) make a good-faith effort to ensure that the notice
required by this section is provided in a bilingual form to any
parent or guardian whose primary language is not English;
(2) retain a copy of any notice provided under this
section; and
(3) make information relating to teacher
certification available to the public on request.
(d) For purposes of this section, "inappropriately
certified or uncertified teacher":
(1) includes:
(A) an individual serving on an emergency
certificate issued under Section 21.041(b)(2); or
(B) an individual who does not hold any
certificate or permit issued under this chapter and is not employed
as specified by Subdivision (2)(E); and
(2) does not include an individual:
(A) who is a certified teacher assigned to teach
a class or classes outside his or her area of certification, as
determined by rules proposed by the board in specifying the
certificate required for each assignment;
(B) serving on a certificate issued due to a
hearing impairment under Section 21.048;
(C) serving on a certificate issued pursuant to
enrollment in an approved alternative certification program under
Section 21.049;
(D) certified by another state or country and
serving on a certificate issued under Section 21.052;
(E) serving on a school district teaching permit
issued under Section 21.055; or
(F) employed under a waiver granted by the
commissioner pursuant to Section 7.056.
(e) This section does not apply if a school is required in
accordance with Section 1006, Every Student Succeeds Act (20 U.S.C.
Section 6312(e)(1)(B)(ii)), to provide notice to a parent or
guardian regarding a teacher who does not meet certification
requirements at the grade level and subject area in which the
teacher is assigned, provided the school provides notice as
required by that Act.
SECTION 1.13. Section 26.009, Education Code, is amended by
amending Subsections (a) and (b) and adding Subsections (a-1),
(a-2), (c), and (d) to read as follows:
(a) An employee or contractor of a school district must
obtain the written consent of a child's parent in the manner
required by Subsection (a-2) before the employee or contractor may:
(1) conduct a psychological or psychiatric
examination or[,] test[,] or psychological or psychiatric
treatment, unless the examination, test, or treatment is required
under Section 38.004 or state or federal law regarding requirements
for special education; or
(2) subject to Subsection (b), make or authorize the
making of a videotape of a child or record or authorize the
recording of a child's voice.
(a-1) For purposes of Subsection (a):
(1) "Psychological or psychiatric examination or
test" means a method designed to elicit information regarding an
attitude, habit, trait, opinion, belief, feeling, or mental
disorder or a condition thought to lead to a mental disorder,
regardless of the manner in which the method is presented or
characterized, including a method that is presented or
characterized as a survey, check-in, or screening or is embedded in
an academic lesson.
(2) "Psychological or psychiatric treatment" means
the planned, systematic use of a method or technique that is
designed to affect behavioral, emotional, or attitudinal
characteristics of an individual or group.
(a-2) Written consent for a parent's child to participate in
a district activity described by Subsection (a) must be obtained
for each separate activity in which the child participates, and
each written consent must be signed by the parent and returned to
the district. A child may not participate in the activity unless
the district receives the parent's signed written consent to that
activity.
(b) An employee or contractor of a school district is not
required to obtain the consent of a child's parent before the
employee or contractor may make a videotape of a child or authorize
the recording of a child's voice if the videotape or voice recording
is to be used only for:
(1) purposes of safety, including the maintenance of
order and discipline in common areas of the school or on school
buses;
(2) a purpose related to a cocurricular or
extracurricular activity;
(3) a purpose related to regular classroom
instruction;
(4) media coverage of the school; or
(5) a purpose related to the promotion of student
safety under Section 29.022.
(c) A school district shall retain the written informed
consent of a child's parent obtained under this section as part of
the child's education records.
(d) Nothing in this section may be construed to:
(1) require an employee or contractor of a school
district to obtain the written consent of a child's parent before
verbally asking the child about the child's general well-being;
(2) affect a child's consent to counseling under
Section 32.004, Family Code; or
(3) affect the duty to report child abuse or neglect
under Chapter 261, Family Code, or an investigation of a report of
abuse or neglect under that chapter.
SECTION 1.14. Section 26.011(a), Education Code, is amended
to read as follows:
(a) The board of trustees of each school district shall
adopt a grievance procedure that complies with Chapter 26A under
which the board shall address each complaint that the board
receives concerning violation of a right guaranteed by this
chapter.
SECTION 1.15. Subtitle E, Title 2, Education Code, is
amended by adding Chapter 26A to read as follows:
CHAPTER 26A. GRIEVANCE POLICY
Sec. 26A.001. GRIEVANCE POLICY. (a) The board of trustees
of a school district shall adopt a grievance policy to address
grievances received by the district.
(b) The policy must provide for the following levels of
review, subject to Subsection (c):
(1) review by:
(A) the principal of the school district campus
at which the grievance is filed or the principal's designee; or
(B) for a grievance that arises from subject
matter unrelated to a campus, review by an administrator at the
school district's central office;
(2) if established by the policy, an appeal to an
administrator at the school district's central office;
(3) an appeal to the superintendent of the school
district or the superintendent's designee; and
(4) an appeal to the board of trustees of the school
district.
(c) A review or appeal on a grievance must be conducted by a
person with the authority to address the grievance unless a
preliminary hearing is necessary to develop a record or a
recommendation for the board of trustees of the school district.
(d) The board of trustees of a school district may delegate
the authority to hear and decide a grievance to a committee of at
least three members composed only of members of the board of
trustees. For purposes of an appeal to the commissioner under
Section 7.057, a decision by the committee is a decision of the
board of trustees.
(e) The policy must:
(1) prohibit the board of trustees of the school
district or a district employee from retaliating against a student
or parent of or person standing in parental relation to a student
who files a grievance in accordance with the policy;
(2) require a person involved in reviewing a grievance
under the policy to recuse himself or herself from reviewing the
grievance if the person is the subject of the grievance;
(3) provide for a higher level of review under
Subsection (b) if the person who would otherwise review the
grievance is required to recuse himself or herself under
Subdivision (2);
(4) provide for the creation and retention of a record
of each hearing on the grievance, including:
(A) documents submitted by the person who filed
the grievance or determined relevant by school district personnel;
and
(B) a written record of the decision, including
an explanation of the basis for the decision and an indication of
each document that supports the decision;
(5) allow the person who filed the grievance to
supplement the record with additional documents or add additional
claims;
(6) allow for a remand to a lower level of review under
Subsection (b) to develop a record at any time, including at the
board of trustees level of review;
(7) require the school district to direct a grievance
that is filed with the incorrect administrator to the appropriate
administrator and consider the grievance filed on the date on which
the grievance was initially filed; and
(8) for a grievance before the board of trustees of the
school district, require that:
(A) the person who filed the grievance be
provided at least five business days before the date on which the
meeting to discuss the grievance will be held a description of any
information the board of trustees intends to rely on that is not
contained in the record; and
(B) the meeting at which the grievance is
discussed be recorded by video or audio recording or by transcript
created by a certified court reporter.
Sec. 26A.002. TIMELINES FOR FILING AND APPEAL. The policy
adopted under Section 26A.001 must:
(1) provide at least:
(A) for a grievance filed by a parent of or person
standing in parental relation to a student enrolled in the school
district:
(i) 60 days to file a grievance from the
date on which the parent or person knew or had reason to know of the
facts giving rise to the grievance; or
(ii) if the parent or person engaged in
informal attempts to resolve the grievance, the later of 90 days to
file a grievance from the date described by Subparagraph (i) or 30
days to file a grievance from the date on which the district
provided information to the parent or person regarding how to file
the grievance; and
(B) 20 days to file an appeal after the date on
which a decision on the grievance was made;
(2) for a hearing that is not before the board of
trustees of the school district, require:
(A) the district to hold a hearing not later than
the 10th day after the date on which the grievance or appeal was
filed; and
(B) a written decision to be made not later than
the 20th day after the date on which the hearing was held that
includes:
(i) any relief or redress to be provided;
and
(ii) information regarding filing an
appeal, including the timeline to appeal under this section and
Section 7.057, if applicable; and
(3) for a hearing before the board of trustees of the
school district, require the board of trustees to:
(A) hold a meeting to discuss the grievance not
later than the 60th day after the date on which the previous
decision on the grievance was made; and
(B) make a decision on the grievance not later
than the 30th day after the date on which the meeting is held under
Paragraph (A).
Sec. 26A.003. POSTING OF PROCEDURES AND FORMS. (a) The
board of trustees of a school district shall develop, make publicly
available in a prominent location on the district's Internet
website, and include in the district's student handbook:
(1) procedures for resolving grievances;
(2) standardized forms for filing a grievance, a
notice of appeal, or a request for a hearing under this chapter; and
(3) the method by which a grievance may be filed
electronically.
(b) A school district shall ensure that a grievance may be
submitted electronically at the location on the district's Internet
website at which the information described by Subsection (a) is
available.
(c) A school district shall submit and make accessible to
the agency the location on the district's Internet website at which
the information described by Subsection (a) is available.
SECTION 1.16. Section 28.004, Education Code, is amended by
adding Subsection (i-2) to read as follows:
(i-2) Before a student may be provided with human sexuality
instruction, a school district must obtain the written consent of
the student's parent. A request for written consent under this
subsection:
(1) may not be included with any other notification or
request for written consent provided to the parent, other than the
notice provided under Subsection (i); and
(2) must be provided to the parent not later than the
14th day before the date on which the human sexuality instruction
begins.
SECTION 1.17. Section 12A.004(a), Education Code, as
amended by this Act, applies to a local innovation plan adopted or
renewed before, on, or after the effective date of this Act.
SECTION 1.18. (a) Except as provided by Subsection (b) of
this section, this article applies beginning with the 2025-2026
school year.
(b) The changes in law made by this article apply to an
appeal filed with the commissioner of education on or after
September 1, 2025. An appeal filed with the commissioner before
September 1, 2025, is governed by the law in effect on the date the
appeal was filed, and the former law is continued in effect for that
purpose.
ARTICLE 2. REPORTING OF MISCONDUCT AND CHILD ABUSE AND NEGLECT
SECTION 2.01. Article 42.018(a), Code of Criminal
Procedure, is amended to read as follows:
(a) This article applies only to:
(1) conviction or deferred adjudication community
supervision granted on the basis of:
(A) an offense for which a conviction or grant of
deferred adjudication community supervision requires the defendant
to register as a sex offender under Chapter 62;
(B) an offense under Section 21.12 or 43.24,
Penal Code;
(C) a felony offense under Chapter 43, Penal
Code;
(D) a felony offense involving school property;
or
(E) an offense under the laws of another state or
federal law that is equivalent to an offense under Paragraph (A),
(B), (C), or (D); or
(2) conviction of:
(A) a felony [an] offense under Title 5, Penal
Code[, if the victim of the offense was under 18 years of age at the
time the offense was committed]; or
(B) an offense under the laws of another state or
federal law that is equivalent to an offense under Paragraph (A)
[(3) conviction or deferred adjudication community
supervision granted on the basis of an offense under Section 43.24,
Penal Code].
SECTION 2.02. Subtitle D, Title 2, Education Code, is
amended by adding Chapter 22A, and a heading is added to that
chapter to read as follows:
CHAPTER 22A. EMPLOYEE AND SERVICE PROVIDER MISCONDUCT
SECTION 2.03. Chapter 22A, Education Code, as added by this
Act, is amended by adding Subchapter A, and a heading is added to
that subchapter to read as follows:
SUBCHAPTER A. GENERAL PROVISIONS
SECTION 2.04. Section 21.006(a), Education Code, is
transferred to Subchapter A, Chapter 22A, Education Code, as added
by this Act, redesignated as Section 22A.001, Education Code, and
amended to read as follows:
Sec. 22A.001. DEFINITIONS. [(a)] In this chapter
[section]:
(1) "Abuse" has the meaning assigned by Section
261.001, Family Code, and includes any sexual conduct involving [an
educator and] a student or minor.
(2) "Board" means the State Board for Educator
Certification.
(3) "Educational entity" means a school district,
district of innovation, open-enrollment charter school, other
charter entity, regional education service center, or shared
services arrangement.
(4) "Other charter entity" means:
(A) a school district operating under a home-rule
school district charter adopted under Subchapter B, Chapter 12;
(B) a campus or campus program operating under a
charter granted under Subchapter C, Chapter 12; and
(C) an entity that contracts to partner with a
school district under Section 11.174(a)(2) to operate a district
campus under a charter granted to the entity by the district under
Subchapter C, Chapter 12.
(5) "Registry" means the registry of persons who are
not eligible to be employed by or act as a service provider for an
educational entity maintained under Section 22A.151.
(6) "Service provider" means a person who provides
services to an educational entity. The term includes:
(A) a contractor or subcontractor for an
educational entity;
(B) a provider of tutoring services for an
educational entity;
(C) an entity that has entered into a contract to
operate a school district campus under Section 11.174;
(D) a staffing provider for an educational
entity; and
(E) a person employed by or under the control of a
person described by Paragraph (A), (B), (C), or (D).
SECTION 2.05. Subchapter A, Chapter 22A, Education Code, as
added by this Act, is amended by adding Section 22A.002 to read as
follows:
Sec. 22A.002. CONFIDENTIALITY. (a) Unless disclosure is
required by other law and except as provided by Subsection (b), a
complaint, statement, recording, note, file, record, memorandum,
or report that is received, obtained, or created by the board or
agency relating to the review or investigation of an allegation of
misconduct involving a person who is an applicant for or holder of a
certification or permit issued by the board or for which a person is
required to be included in the registry is confidential and not
subject to disclosure under Chapter 552, Government Code.
(b) Subsection (a) does not prohibit the disclosure of
information described by Subsection (a) for purposes of:
(1) a report required under Subchapter B, Chapter 21,
Subchapter C-1, Chapter 22, or this chapter; or
(2) an administrative or other legal proceeding
brought under Chapter 2001, Government Code.
SECTION 2.06. Chapter 22A, Education Code, as added by this
Act, is amended by adding Subchapter B, and a heading is added to
that subchapter to read as follows:
SUBCHAPTER B. REQUIRED MISCONDUCT REPORTING
SECTION 2.07. Sections 21.006(b), (b-1), (b-2), (c), (c-1),
(c-2), (d), (e), (f), (g), (g-1), (h), (i), (j), and (k), Education
Code, are transferred to Subchapter B, Chapter 22A, Education Code,
as added by this Act, redesignated as Section 22A.051, Education
Code, and amended to read as follows:
Sec. 22A.051. REQUIREMENT TO REPORT EDUCATOR MISCONDUCT TO
BOARD. (a) [(b)] In addition to the reporting requirement under
Section 261.101, Family Code, and except as provided by Subsection
(f) [(c-2)], the superintendent or director of an educational
entity [a school district, district of innovation, open-enrollment
charter school, other charter entity, regional education service
center, or shared services arrangement] shall notify the board
[State Board for Educator Certification] if:
(1) an educator employed by or seeking employment by
the entity [school district, district of innovation, charter
school, other charter entity, service center, or shared services
arrangement] has a criminal record and the entity [school district,
district of innovation, charter school, other charter entity,
service center, or shared services arrangement] obtained
information about the educator's criminal record by a means other
than the criminal history clearinghouse established under Section
411.0845, Government Code;
(2) an educator's employment at the entity [school
district, district of innovation, charter school, other charter
entity, service center, or shared services arrangement] was
terminated and there is evidence that the educator:
(A) abused or otherwise committed an unlawful act
with a student or minor, including by engaging in conduct that
involves physical mistreatment or constitutes a threat of violence
to a student or minor and that is not justified under Chapter 9,
Penal Code, regardless of whether the conduct resulted in bodily
injury;
(B) [(A-1)] was involved in a romantic
relationship with or solicited or engaged in sexual contact with a
student or minor;
(C) engaged in inappropriate communications with
a student or minor;
(D) failed to maintain appropriate boundaries
with a student or minor;
(E) [(B)] possessed, transferred, sold, or
distributed a controlled substance, as defined by Chapter 481,
Health and Safety Code, or by 21 U.S.C. Section 801 et seq.;
(F) [(C)] illegally transferred, appropriated,
or expended funds or other property of the entity [school district,
district of innovation, charter school, other charter entity,
service center, or shared services arrangement];
(G) [(D)] attempted by fraudulent or
unauthorized means to obtain or alter a professional certificate or
license for the purpose of promotion or additional compensation; or
(H) [(E)] committed a criminal offense or any
part of a criminal offense on school property or at a
school-sponsored event;
(3) the educator resigned and there is evidence that
the educator engaged in misconduct described by Subdivision (2);
(4) the superintendent or director becomes aware of
evidence that an educator employed by the entity engaged in
misconduct described by Subdivision (2)(A), (B), (C), or (D); or
(5) [(4)] the educator engaged in conduct that
violated the assessment instrument security procedures established
under Section 39.0301.
(b) [(b-1)] A superintendent or director of an educational
entity [a school district, district of innovation, open-enrollment
charter school, other charter entity, regional education service
center, or shared services arrangement] shall complete an
investigation of an educator that involves evidence that the
educator may have engaged in misconduct described by Subsection
(a)(2)(A), (B), (C), or (D) [(b)(2)(A) or (A-1)], despite the
educator's resignation from employment before completion of the
investigation.
(c) [(b-2)] The principal of a school district, district of
innovation, open-enrollment charter school, or other charter
entity campus must notify the superintendent or director of the
[school] district, [district of innovation, charter] school, or
[other charter] entity:
(1) except as provided by Subdivision (2), not later
than the seventh business day after the date:
(A) [(1)] of an educator's termination of
employment or resignation following an alleged incident of
misconduct described by Subsection (a) [(b)]; or
(B) [(2)] the principal knew about an educator's
criminal record under Subsection (a)(1); or
(2) not later than 48 hours after the principal
becomes aware of evidence of misconduct described by Subsection
(a)(2)(A), (B), (C), or (D) [(b)(1)].
(d) [(c)] Except as provided by Subsection (f) [(c-2)], the
superintendent or director must notify the board [State Board for
Educator Certification] by filing a report with the board:
(1) except as provided by Subdivision (2), not later
than the seventh business day after the date the superintendent or
director:
(A) receives notice [a report] from a principal
under Subsection (c) [(b-2)]; or
(B) knew about an educator's termination of
employment or resignation following an alleged incident of
misconduct described by Subsection (a) [(b)] or an educator's
[employee's] criminal record under Subsection (a)(1); or
(2) not later than 48 hours after the superintendent
or director:
(A) receives notice from a principal under
Subsection (c); or
(B) became aware of evidence of misconduct
described by Subsection (a)(2)(A), (B), (C), or (D) [(b)(1)].
(e) [(c-1)] The report under Subsection (d) must be [(c)]:
(1) [must be:
[(A)] in writing;
(2) [and
[(B)] in a form prescribed by the board; and
(3) [(2) may be] filed through the Internet portal
developed and maintained by the agency under Section 22A.155 [State
Board for Educator Certification under Subsection (g-1)].
(f) [(c-2)] A superintendent or director of an educational
entity [a school district, district of innovation, open-enrollment
charter school, regional education service center, or shared
services arrangement] is not required to notify the board [State
Board for Educator Certification] or file a report with the board
under Subsection (a) [(b)] or (d) [(c)] if the superintendent or
director has reasonable cause to believe the educator who is
alleged to have engaged in the misconduct is deceased[:
[(1) completes an investigation into an educator's
alleged incident of misconduct described by Subsection (b)(2)(A) or
(A-1) before the educator's termination of employment or
resignation; and
[(2) determines the educator did not engage in the
alleged incident of misconduct described by Subsection (b)(2)(A) or
(A-1)].
(g) [(d)] The superintendent or director shall notify the
board of trustees or governing body of the educational entity
[school district, open-enrollment charter school, other charter
entity, regional education service center, or shared services
arrangement] and the educator of the filing of the report required
by Subsection (d) [(c)].
(h) [(e)] A superintendent, director, or principal of an
educational entity [a school district, district of innovation,
open-enrollment charter school, other charter entity, regional
education service center, or shared services arrangement] who in
good faith and while acting in an official capacity files a report
with the board [State Board for Educator Certification] under this
section or communicates with another superintendent, director, or
principal concerning an educator's criminal record or alleged
incident of misconduct is immune from civil or criminal liability
that might otherwise be incurred or imposed.
(i) [(f)] The board [State Board for Educator
Certification] shall determine whether to impose sanctions,
including an administrative penalty under Subsection (l) [(i)],
against a principal who fails to provide notification to a
superintendent or director in violation of Subsection (c) [(b-2)]
or against a superintendent or director who fails to file a report
in violation of Subsection (d) [(c)].
(j) [(g)] The board [State Board for Educator
Certification] shall propose rules as necessary to implement this
section.
(k) [(g-1) The State Board for Educator Certification
shall develop and maintain an Internet portal through which a
report required under Subsection (c) may be confidentially and
securely filed.
[(h)] The name of a student or minor who is the victim of
abuse or unlawful conduct by an educator must be included in a
report filed under this section, but the name of the student or
minor is not public information under Chapter 552, Government Code.
(l) [(i)] If an educator serving as a superintendent or
director is required to file a report under Subsection (d) [(c)] and
fails to file the report by the date required by that subsection, or
if an educator serving as a principal is required to notify a
superintendent or director about an educator's criminal record or
alleged incident of misconduct under Subsection (c) [(b-2)] and
fails to provide the notice by the date required by that subsection,
the board [State Board for Educator Certification] may impose on
the educator an administrative penalty of not less than $500 and not
more than $10,000. The board [State Board for Educator
Certification] may not renew the certification of an educator
against whom an administrative penalty is imposed under this
subsection until the penalty is paid.
(m) [(j)] A superintendent or director required to file a
report under Subsection (d) [(c)] commits an offense if the
superintendent or director fails to file the report by the date
required by that subsection with intent to conceal an educator's
criminal record or alleged incident of misconduct described by
Subsection (a)(2)(A), (B), (E), (F), (G), or (H). A principal
required to notify a superintendent or director about an educator's
criminal record or alleged incident of misconduct under Subsection
(c) [(b-2)] commits an offense if the principal fails to provide the
notice by the date required by that subsection with intent to
conceal an educator's criminal record or alleged incident of
misconduct described by Subsection (a)(2)(A), (B), (E), (F), (G),
or (H). An offense under this subsection is a state jail felony.
(n) [(k)] The commissioner may review the records of an
educational entity [a school district, district of innovation,
open-enrollment charter school, other charter entity, regional
education service center, or shared services arrangement] to ensure
compliance with the requirement to report misconduct under this
section.
SECTION 2.08. Section 22.093, Education Code, is
transferred to Subchapter B, Chapter 22A, Education Code, as added
by this Act, redesignated as Section 22A.052, Education Code, and
amended to read as follows:
Sec. 22A.052 [22.093]. REQUIREMENT TO REPORT EMPLOYEE OR
SERVICE PROVIDER MISCONDUCT TO AGENCY. (a) [In this section,
"abuse" has the meaning assigned by Section 261.001, Family Code,
and includes any sexual conduct involving a student or minor.
[(b)] This section applies to:
(1) a person who is employed by an educational entity
[a school district, district of innovation, open-enrollment
charter school, other charter entity, regional education service
center, or shared services arrangement] and who does not hold a
certification or permit issued under Subchapter B, Chapter 21; or
(2) a service provider for an educational entity who
has or will have direct contact with students.
(b) [(c)] In addition to the reporting requirement under
Section 261.101, Family Code, the superintendent or director of an
educational entity [a school district, district of innovation,
open-enrollment charter school, other charter entity, regional
education service center, or shared services arrangement] shall
notify the commissioner if the superintendent or director:
(1) becomes aware of [an employee's employment at the
school district, district of innovation, charter school, other
charter entity, service center, or shared services arrangement was
terminated and there is] evidence that a person described by
Subsection (a) engaged in misconduct described by Section
22A.051(a)(2)(A), (B), (C), or (D) [the employee:
[(A) abused or otherwise committed an unlawful
act with a student or minor; or
[(B) was involved in a romantic relationship with
or solicited or engaged in sexual contact with a student or minor];
or
(2) obtained criminal history record information
relating to misconduct described by Subdivision (1) for a person
described by Subsection (a) [the employee resigned and there is
evidence that the employee engaged in misconduct described by
Subdivision (1)].
(c) [(d)] A superintendent or director of an educational
entity [a school district, district of innovation, open-enrollment
charter school, other charter entity, regional education service
center, or shared services arrangement] shall complete an
investigation of a person described by Subsection (a) [an employee]
that involves evidence that the person [employee] may have engaged
in misconduct described by Subsection (b)(1) [(c)(1)(A) or (B)],
despite the person's termination of or [employee's] resignation
from employment or cessation of services for the entity before
completion of the investigation.
(d) [(e)] The principal of a school district, district of
innovation, open-enrollment charter school, or other charter
entity campus must notify the superintendent or director of the
[school] district, [district of innovation, charter] school, or
[other charter] entity not later than 48 hours [the seventh
business day] after the principal becomes aware of evidence of
[date of an employee's termination of employment or resignation
following] an alleged incident of misconduct described by
Subsection (b)(1) [(c)(1)(A) or (B)].
(e) [(f)] The superintendent or director of an educational
entity must notify the commissioner by filing a report with the
commissioner not later than 48 hours [the seventh business day]
after the [date the] superintendent or director:
(1) receives notice [a report] from a principal under
Subsection (d);
(2) [(e) or] knew about the [an employee's]
termination of [employment] or resignation from employment or
cessation of services of a person described by Subsection (a) for
the entity following an alleged incident of misconduct described by
Subsection (b)(1); or
(3) became aware of evidence of misconduct described
by Subsection (b)(1) [(c)(1)(A) or (B)].
(f) The report under Subsection (e) must be:
(1) in writing; [and]
(2) in a form prescribed by the commissioner; and
(3) filed through the Internet portal developed and
maintained by the agency under Section 22A.155.
(g) A superintendent or director of an educational entity is
not required to notify the agency or file a report with the agency
under Subsection (b) or (e) if the superintendent or director has
reasonable cause to believe that the person who is alleged to have
engaged in misconduct is deceased.
(h) The superintendent or director shall notify the board of
trustees or governing body of the educational entity [school
district, district of innovation, open-enrollment charter school,
other charter entity, regional education service center, or shared
services arrangement] and the person [employee] of the filing of
the report required by Subsection (e) [(f)].
(i) [(h)] A superintendent or director who in good faith and
while acting in an official capacity files a report with the
commissioner under Subsection (e) [(f)] or a principal who in good
faith and while acting in an official capacity notifies a
superintendent or director under Subsection (d) [(e)] is immune
from civil or criminal liability that might otherwise be incurred
or imposed.
(j) [(i)] The commissioner shall refer an educator who
fails to file a report in violation of Subsection (e) [(f)] to the
State Board for Educator Certification, and the board shall
determine whether to impose sanctions against the educator.
(k) [(j)] The name of a student or minor who is the victim of
abuse or unlawful conduct by an employee must be included in a
report filed under this section, but the name of the student or
minor is not public information under Chapter 552, Government Code.
(l) [(k)] A superintendent or director required to file a
report under Subsection (e) [(f)] commits an offense if the
superintendent or director fails to file the report by the date
required by that subsection with intent to conceal a person's [an
employee's] criminal record or alleged incident of misconduct
described by Section 22A.051(a)(2)(A) or (B). A principal
required to notify a superintendent or director about a person's
[an employee's] alleged incident of misconduct under Subsection (d)
[(e)] commits an offense if the principal fails to provide the
notice by the date required by that subsection with intent to
conceal a person's [an employee's] alleged incident of misconduct
described by Section 22A.051(a)(2)(A) or (B). An offense under
this subsection is a state jail felony.
(m) [(l)] The commissioner may review the records of an
educational entity [a school district, district of innovation,
open-enrollment charter school, other charter entity, regional
education service center, or shared services arrangement] to ensure
compliance with the requirement to report misconduct under this
section.
(n) [(m)] The commissioner shall adopt rules as necessary
to implement this section.
SECTION 2.09. Section 21.0061, Education Code, is
transferred to Subchapter B, Chapter 22A, Education Code, as added
by this Act, redesignated as Section 22A.053, Education Code, and
amended to read as follows:
Sec. 22A.053 [21.0061]. NOTICE TO PARENT OR GUARDIAN ABOUT
[EDUCATOR] MISCONDUCT. (a) The board of trustees or governing body
of an educational entity [a school district, district of
innovation, open-enrollment charter school, other charter entity,
regional education service center, or shared services arrangement]
shall adopt a policy under which notice is provided to the parent or
guardian of a student with whom a person employed by or acting as a
service provider for the entity [an educator] is alleged to have
engaged in misconduct described by Section 22A.051(a)(2)(A), (B),
(C), or (D) [Section 21.006(b)(2)(A) or (A-1)] informing the parent
or guardian:
(1) that the alleged misconduct occurred;
(2) whether the person [educator] was terminated
following an investigation of the alleged misconduct or resigned
before completion of the investigation; and
(3) whether a report was submitted to the agency or
board [State Board for Educator Certification] concerning the
alleged misconduct.
(b) The policy required by this section must require that
information specified by Subsection (a)(1) be provided as soon as
feasible after the educational [employing] entity becomes aware
that alleged misconduct may have occurred.
[(c) In this section, "other charter entity" has the meaning
assigned by Section 21.006.]
SECTION 2.10. Sections 21.007 and 21.009, Education Code,
are transferred to Subchapter B, Chapter 22A, Education Code, as
added by this Act, redesignated as Sections 22A.054 and 22A.055,
Education Code, and amended to read as follows:
Sec. 22A.054 [21.007]. NOTICE ON CERTIFICATION RECORD OF
ALLEGED MISCONDUCT; INCLUSION IN REGISTRY. (a) [In this section,
"board" means the State Board for Educator Certification.
[(b)] The board shall adopt a procedure for placing a notice
of alleged misconduct on an educator's public certification
records. The procedure adopted by the board must provide for
immediate placement of a notice of alleged misconduct on an
educator's public certification records if the alleged misconduct
presents a risk to the health, safety, or welfare of a student or
minor as determined by the board.
(b) [(c)] The board must notify:
(1) an educator in writing when placing a notice of an
alleged incident of misconduct on the public certification records
of the educator; and
(2) the agency for purposes of placing the educator on
the registry in accordance with Subsection (c).
(c) On receiving a notification under Subsection (b), the
agency shall immediately place the educator on the registry and
include information indicating that the educator is under
investigation for alleged misconduct.
(d) The board must provide an opportunity for an educator to
show cause why the notice should not be placed on the educator's
public certification records. The board shall propose rules
establishing the length of time that a notice may remain on the
educator's public certification records before the board must:
(1) initiate a proceeding to impose a sanction on the
educator on the basis of the alleged misconduct; or
(2) remove the notice from the educator's public
certification records.
(e) If it is determined that the educator has not engaged in
the alleged incident of misconduct, the board shall immediately
remove:
(1) the notice from the educator's public
certification records; and
(2) notify the agency to remove the educator from the
registry.
(f) The board shall propose rules necessary to administer
this section.
Sec. 22A.055 [21.009]. PRE-EMPLOYMENT OR PRE-SERVICE
AFFIDAVIT. (a) A person applying [An applicant] for employment
with or who will act as a service provider for an educational entity
[a position described by Section 21.003(a) or (b) with a school
district, district of innovation, open-enrollment charter school,
private school, regional education service center, or shared
services arrangement] must submit, using a form adopted by the
agency, consent for release of the person's employment records and
a pre-employment or pre-service affidavit disclosing whether the
person [applicant] has ever been:
(1) investigated by a law enforcement or child
protective services agency for, or charged with, adjudicated for,
or convicted of an offense involving, conduct described by Section
22A.051(a)(2)(A), (B), (C), or (D);
(2) investigated by a licensing authority or had a
license, certificate, or permit denied, suspended, revoked, or
subject to another sanction in this state or another state for
conduct described by Section 22A.051(a)(2)(A), (B), (C), or (D);
(3) included in the registry;
(4) employed or is currently employed by or has acted
or is currently acting as a service provider for a public or private
school; and
(5) terminated or discharged or has resigned, in lieu
of being terminated or discharged, from a public or private school
[having an inappropriate relationship with a minor].
(b) A person [An applicant] who answers affirmatively
concerning an action listed under Subsection (a) [inappropriate
relationship with a minor] must disclose in the affidavit all
relevant facts known to the person pertaining to the matter
[charge, adjudication, or conviction], including, if applicable to
the action [for a charge], whether the allegation [charge] was
determined to be true or false.
(c) A person or service provider [An applicant] is not
precluded from being employed by or providing services to an
educational entity based on a disclosed allegation [charge] if the
[employing] entity determines based on the information disclosed in
the affidavit that the allegation [charge] was false.
(d) A determination that an employee or person providing
services failed to disclose information required to be disclosed by
a person [an applicant] under this section is grounds for
termination of employment or service.
(e) An educational entity shall discharge or refuse to hire
or allow to act as a service provider for the entity a person
against whom a determination has been made under Subsection (d).
(f) The board [State Board for Educator Certification] may
revoke the certificate of an administrator if the board determines
it is reasonable to believe that the administrator employed a
person or accepted services from a service provider [an applicant
for a position described by Section 21.003(a) or (b)] despite being
aware that the person knowingly failed to disclose information
required to be disclosed under Subsection (a) [applicant had been
adjudicated for or convicted of having an inappropriate
relationship with a minor].
(g) A person commits an offense if the person fails to
disclose information required to be disclosed under Subsection (a).
An offense under this subsection is a Class B misdemeanor.
SECTION 2.11. Chapter 22A, Education Code, as added by this
Act, is amended by adding Subchapter C, and a heading is added to
that subchapter to read as follows:
SUBCHAPTER C. INVESTIGATION OF MISCONDUCT
SECTION 2.12. Section 22.094, Education Code, is
transferred to Subchapter C, Chapter 22A, Education Code, as added
by this Act, redesignated as Section 22A.101, Education Code, and
amended to read as follows:
Sec. 22A.101 [22.094]. NOTICE OF ALLEGED MISCONDUCT;
INVESTIGATION; HEARING. (a) This section applies to a [A] person
described by Section 22A.052(a) [22.093(b) and] who is:
(1) the subject of a report that alleges misconduct
described by Section 22A.051(a)(2);
(2) [22.093(c)(1)(A) or (B) or who is] identified as
having engaged in [that] misconduct described by Subdivision (1)
using the interagency reportable conduct search engine established
under Chapter 810, Health and Safety Code; or
(3) the subject of a complaint alleging misconduct
described by Subdivision (1) filed with the agency.
(b) A person to whom this section applies [,] is entitled to
a hearing on the merits of the allegations of misconduct under the
procedures provided by Chapter 2001, Government Code, to contest
the allegation in the report, [or] search engine, or complaint.
(c) [(b)] On receiving a report filed under Section
22A.052(e) or a complaint alleging misconduct described by
Subsection (a)(1) [22.093(f)] or making an identification
described by Subsection (a), the commissioner shall promptly send
to the person who is the subject of the report or identification a
notice that includes:
(1) a statement informing the person that the person
must request a hearing on the merits of the allegations of
misconduct within the period provided by Subsection (d) [(c)];
(2) a request that the person submit a written
response within the period provided by Subsection (d) [(c)] to show
cause why the commissioner should not pursue an investigation; and
(3) a statement informing the person that if the
person does not timely submit a written response to show cause as
provided by Subdivision (2), the agency shall provide information
indicating the person is under investigation in the manner provided
by Subsection (e) [(d)].
(d) [(c)] A person entitled to a hearing under Subsection
(b) [(a)] must request a hearing and submit a written response to
show cause not later than the 10th day after the date the person
receives the notice from the commissioner provided under Subsection
(c) [(b)].
(e) [(d)] If a person who receives notice provided under
Subsection (c) [(b)] does not timely submit a written response to
show cause why the commissioner should not pursue an investigation,
the commissioner shall instruct the agency to make available
through the Internet portal developed and maintained by the agency
under Section 22A.155 [22.095] information indicating that the
person is under investigation for alleged misconduct.
(f) [(e)] If a person entitled to a hearing under Subsection
(b) [(a)] does not request a hearing as provided by Subsection (d)
[(c)], the commissioner shall:
(1) based on the report filed under Section 22A.052(e)
[22.093(f)], the complaint alleging misconduct, or the
identification described by Subsection (a), make a determination
whether the person engaged in misconduct; and
(2) if the commissioner determines that the person
engaged in misconduct described by Section 22A.051(a)(2)(A), (B),
(C), or (D) [22.093(c)(1)(A) or (B)], instruct the agency to add the
person's name to the registry [maintained under Section 22.092].
(g) [(f)] If a person entitled to a hearing under Subsection
(b) [(a)] requests a hearing as provided by Subsection (d) [(c)] and
the final decision in that hearing determines that the person
engaged in misconduct described by Section 22A.051(a)(2)(A), (B),
(C), or (D) [22.093(c)(1)(A) or (B)], the commissioner shall
instruct the agency to add the person's name to the registry
[maintained under Section 22.092].
(h) [(g)] If a person entitled to a hearing under Subsection
(b) [(a)] requests a hearing as provided by Subsection (d) [(c)] and
the final decision in that hearing determines that the person did
not engage in misconduct described by Section 22A.051(a)(2)(A),
(B), (C), or (D) [22.093(c)(1)(A) or (B)], the commissioner shall
instruct the agency to immediately remove from the Internet portal
developed and maintained by the agency under Section 22A.155
[22.095] the information indicating that the person is under
investigation for alleged misconduct.
(i) [(h)] The commissioner shall adopt rules as necessary
to implement this section. In adopting rules, the commissioner
shall follow any guidelines adopted by the board regarding
sanctions for misconduct described by Section 22A.051(a)(2)(A),
(C), or (D).
SECTION 2.13. Subchapter C, Chapter 22A, Education Code, as
added by this Act, is amended by adding Section 22A.102 to read as
follows:
Sec. 22A.102. PRELIMINARY DETERMINATION. To the extent
feasible, not later than the 30th day after receipt of a report
under Section 22A.051(d) or 22A.052(e), the board or agency, as
applicable, shall, based on a preliminary review of the report,
make a determination regarding whether the person who is the
subject of the report engaged in the alleged misconduct.
SECTION 2.14. Section 21.062, Education Code, is
transferred to Subchapter C, Chapter 22A, Education Code, as added
by this Act, redesignated as Section 22A.103, Education Code, and
amended to read as follows:
Sec. 22A.103 [21.062]. ISSUANCE OF SUBPOENAS. (a) During
an investigation by the commissioner of an educator or person who is
employed by or providing services to an educational entity for an
alleged incident of misconduct, the commissioner may issue a
subpoena to compel:
(1) the attendance of a relevant witness; or
(2) the production[, for inspection or copying,] of
relevant evidence that is located in this state.
(a-1) A response to a subpoena described by Subsection
(a)(2) must be submitted through the Internet portal developed and
maintained by the agency under Section 22A.155 unless the
commissioner authorizes a different method of submission.
(b) A subpoena may be served personally, electronically, or
by certified mail.
(c) If a person fails to comply with a subpoena, the
commissioner, acting through the attorney general, may file suit to
enforce the subpoena in a district court in this state. On finding
that good cause exists for issuing the subpoena, the court shall
order the person to comply with the subpoena. The court may punish
a person who fails to obey the court order.
(d) All information and materials subpoenaed or compiled in
connection with an investigation described by Subsection (a) are
confidential and not subject to disclosure under Chapter 552,
Government Code.
(e) Except as provided by a protective order, and
notwithstanding Subsection (d), all information and materials
subpoenaed or compiled in connection with an investigation
described by Subsection (a) may be used in a disciplinary
proceeding against a person [an educator] based on an alleged
incident of misconduct.
SECTION 2.15. Subchapter C, Chapter 22A, Education Code, as
added by this Act, is amended by adding Section 22A.104 to read as
follows:
Sec. 22A.104. RESTRICTION ON SURRENDER OF CERTIFICATE OR
PERMIT PENDING INVESTIGATION. If a person issued a certificate or
permit under Subchapter B, Chapter 21, attempts to surrender the
certificate or permit while the board is investigating an
allegation that the person engaged in misconduct described by
Section 22A.051(a)(2)(A), (B), (C), or (D), the board may not
accept the surrender unless the person agrees to be included in the
registry.
SECTION 2.16. Chapter 22A, Education Code, as added by this
Act, is amended by adding Subchapter D, and a heading is added to
that subchapter to read as follows:
SUBCHAPTER D. PERSONS NOT ELIGIBLE FOR EMPLOYMENT OR PROVISION OF
SERVICES
SECTION 2.17. Section 22.092, Education Code, is
transferred to Subchapter D, Chapter 22A, Education Code, as added
by this Act, redesignated as Section 22A.151, Education Code, and
amended to read as follows:
Sec. 22A.151 [22.092]. REGISTRY OF PERSONS NOT ELIGIBLE
FOR EMPLOYMENT IN OR PROVISION OF SERVICES TO EDUCATIONAL ENTITIES
[PUBLIC SCHOOLS]. (a) The agency shall maintain and make available
through the Internet portal developed and maintained by the agency
under Section 22A.155 [22.095] a registry of persons who are not
eligible to be employed by or act as a service provider for an
educational entity [a school district, district of innovation,
open-enrollment charter school, other charter entity, regional
education service center, or shared services arrangement].
(b) An educational entity [A school district, district of
innovation, open-enrollment charter school, other charter entity,
regional education service center, or shared services arrangement]
shall discharge or refuse to hire, or terminate or refuse to accept
services from, a person listed on the registry [maintained under
this section].
(c) An educational entity may not allow a person who is
listed on the registry to:
(1) act as a service provider for the entity; or
(2) be present at an event sponsored by the entity.
(d) The registry [maintained under this section] must list
the following persons as not eligible to be employed by or act as a
service provider for an educational entity [public schools]:
(1) a person determined by the agency under Section
22.0832 as a person who would not be eligible for educator
certification under Subchapter B, Chapter 21;
(2) a person determined by the agency to be not
eligible for employment based on the person's criminal history
record information review, as provided by Section 22.0833;
(3) a person who is not eligible for employment based
on criminal history record information received by the agency under
Section 22A.201(b) [21.058(b)];
(4) a person whose certification or permit, or
application for a certification or permit, issued under Subchapter
B, Chapter 21, is denied or revoked by the board and who has not been
issued a certificate or permit under that subchapter subsequent to
that denial or revocation [State Board for Educator Certification
on a finding that the person engaged in misconduct described by
Section 21.006(b)(2)(A) or (A-1)]; [and]
(5) a person whose certification or permit issued
under Subchapter B, Chapter 21, is suspended by the board for a
reason other than under Section 21.105(c), 21.160(c), or 21.210(c)
for the period of the suspension;
(6) a person who is determined by the commissioner
under Section 22A.101 [22.094] to have engaged in misconduct
described by Section 22A.051(a)(2)(A), (B), (C), or (D);
(7) a person temporarily included in the registry
under Section 22A.152 or 22A.153 for the term of the placement;
(8) subject to Subsection (e), a person who is
determined by the State Board for Educator Certification to have
engaged in electioneering under Section 22B.003; and
(9) subject to Subsection (e), a person who is
determined by the commissioner under Section 22B.005 or by another
governmental body to have engaged in electioneering under Section
22B.003 [22.093(c)(1)(A) or (B)].
(e) The agency shall remove a person included in the
registry under Subsection (d)(8) or (9) not later than:
(1) the third anniversary of the date on which the
person was included in the registry under the applicable
subdivision if the person was the superintendent or director of an
educational entity at the time the person was included in the
registry; or
(2) the first anniversary of the date on which the
person was included in the registry under the applicable
subdivision if the person held a position other than a position
described by Subdivision (1) of this subsection at the time the
person was included in the registry.
(f) The registry must include information indicating
whether a person's listing in the registry expires. A prohibition
applicable to a person included in the registry no longer applies to
a person whose listing in the registry has expired and, if
applicable, whose certification or permit under Subchapter B,
Chapter 21, has been reinstated.
(g) [(d)] The agency shall provide equivalent access to the
registry [maintained under this section] to:
(1) private schools;
(2) educational entities [public schools]; [and]
(3) nonprofit teacher organizations approved by the
commissioner for the purpose of participating in the tutoring
program established under Section 33.913;
(4) entities that have entered into a contract to
operate a school district campus under Section 11.174; and
(5) service providers for an educational entity that
are authorized by the entity to access the registry.
(h) Each school year, the superintendent or director of an
educational entity shall certify to the commissioner that the
entity has complied with this section. If feasible, the
commissioner by rule shall consolidate the requirement under this
subsection with other reporting requirements applicable to the
entity.
(i) [(e)] The commissioner [agency] shall adopt rules as
necessary to implement this section.
SECTION 2.18. Subchapter D, Chapter 22A, Education Code, as
added by this Act, is amended by adding Sections 22A.152, 22A.153,
and 22A.154 to read as follows:
Sec. 22A.152. TEMPORARY INCLUSION IN REGISTRY BASED ON
CONTINUING AND IMMINENT THREAT TO PUBLIC WELFARE. (a) The
commissioner shall temporarily include a person in the registry if
the commissioner, based on evidence or information presented to the
commissioner regarding a complaint alleging misconduct by the
person, determines that the person's continued employment at or
provision of services to an educational entity constitutes a
continuing and imminent threat to the public welfare.
(b) A person may be temporarily included in the registry
without notice or hearing on the complaint alleging the person's
misconduct if:
(1) proceedings for a hearing before the State Office
of Administrative Hearings are initiated simultaneously with the
temporary inclusion; and
(2) a hearing is held as soon as possible under this
chapter and Chapter 2001, Government Code.
(c) The State Office of Administrative Hearings shall hold a
preliminary hearing not later than the 17th day after the date of
the temporary inclusion to determine whether probable cause exists
that the person's employment at or provision of services to an
educational entity constitutes a continuing and imminent threat to
the public welfare. The probable cause hearing shall be conducted
as a de novo hearing.
(d) The State Office of Administrative Hearings shall hold a
final hearing on the matter not later than the 61st day after the
date of the temporary inclusion.
(e) The commissioner by rule shall adopt procedures for the
temporary inclusion of a person in the registry under this section.
Sec. 22A.153. TEMPORARY INCLUSION IN REGISTRY FOR CERTAIN
ARRESTS. (a) The commissioner may temporarily include a person who
is employed by or acting as a service provider for an educational
entity in the registry if the educator is arrested for an offense
listed under Section 22A.201(a).
(b) Before temporarily including a person described by
Subsection (a) in the registry, the commissioner must verify that
the person arrested for an offense described by that subsection is
the same person who is employed by or acting as a service provider
for an educational entity.
(c) An inclusion in the registry under this section remains
in effect until the final disposition of the case.
(d) Sections 22A.152(b), (c), and (d) apply to a temporary
inclusion in the registry under this section.
(e) The commissioner shall adopt rules to implement this
section, including rules regarding evidence that serves as proof of
final disposition of a case.
Sec. 22A.154. REPORTING TO LAW ENFORCEMENT. (a) The agency
shall refer to an appropriate local law enforcement agency any
allegation of misconduct that results in the inclusion of a person
in the registry that has not already been referred to a local law
enforcement agency.
(b) The agency may refer any allegation of misconduct to an
appropriate local law enforcement agency if the agency believes the
allegation includes evidence of criminal conduct.
(c) The agency shall maintain a record of each allegation of
misconduct referred to a local law enforcement agency under this
section.
SECTION 2.19. Sections 22.095 and 22.096, Education Code,
are transferred to Subchapter D, Chapter 22A, Education Code, as
added by this Act, redesignated as Sections 22A.155 and 22A.156,
Education Code, and amended to read as follows:
Sec. 22A.155 [22.095]. INTERNET PORTAL. (a) The agency
shall develop and maintain an Internet portal through which:
(1) a report required under Section 22A.051(d),
22A.052(e), or 22A.301(d) [22.093(f)] may be confidentially and
securely filed; and
(2) the agency makes available:
(A) the registry of persons who are not eligible
to be employed by or act as service providers for educational
entities [in public schools] as described by Section 22A.151
[22.092]; and
(B) information indicating that a person is under
investigation for alleged misconduct in accordance with Section
22A.101(e) [22.094(d)], provided that the agency must provide the
information through a procedure other than the registry [described
under Paragraph (A)].
(b) The Internet portal must comply with any requirements
adopted by the board for filing reports under Sections 22A.051 and
22A.301.
Sec. 22A.156 [22.096]. COMPLIANCE MONITORING; AGENCY
INVESTIGATION AND REVIEW. (a) The agency shall periodically
[conduct site visits and] review the records of educational
entities [school districts, districts of innovation,
open-enrollment charter schools, other charter entities, regional
education service centers, and shared services arrangements] to
ensure compliance with Section 22A.151(b) [22.092(b)].
(b) The agency shall review the investigations conducted by
educational entities involving allegations of misconduct described
by Section 22A.051(a)(2)(A), (B), (C), or (D) to ensure that the
investigations are conducted using appropriate investigative
protocols, including when cooperating with a law enforcement agency
or the Department of Family and Protective Services in accordance
with the policy adopted under Section 38.004. If the agency
determines that an educational entity failed to follow appropriate
investigative protocols, the commissioner may authorize a special
investigation under Section 39.003.
(c) The agency may directly investigate allegations of
misconduct described by Section 22A.051(a)(2)(A), (B), (C), or (D),
regardless of whether a report or complaint was filed with the
agency.
SECTION 2.20. Section 22.085, Education Code, is
transferred to Subchapter D, Chapter 22A, Education Code, as added
by this Act, redesignated as Section 22A.157, Education Code, and
amended to read as follows:
Sec. 22A.157 [22.085]. EMPLOYEES AND APPLICANTS CONVICTED
OF OR PLACED ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR
CERTAIN OFFENSES. (a) An educational entity [A school district,
open-enrollment charter school, or shared services arrangement]
shall discharge or refuse to hire an employee or applicant for
employment if the entity [district, school, or shared services
arrangement] obtains information through a criminal history record
information review that the employee or applicant has been:
(1) convicted of or placed on deferred adjudication
community supervision for an offense described by Section
22A.201(a)(1) [for which a defendant is required to register as a
sex offender under Chapter 62, Code of Criminal Procedure]; or
(2) convicted of an [:
[(A) a felony] offense described by Section
22A.201(a)(2) [under Title 5, Penal Code, if the victim of the
offense was under 18 years of age at the time the offense was
committed; or
[(B) an offense under the laws of another state
or federal law that is equivalent to an offense under Subdivision
(1) or Paragraph (A)].
(b) Subsection (a) does not apply if the employee or
applicant for employment committed an offense under Title 5, Penal
Code and:
(1) the date of the offense is more than 30 years
before:
(A) the effective date of S.B. No. 9, Acts of the
80th Legislature, Regular Session, 2007, in the case of a person
employed by a school district, open-enrollment charter school, or
shared services arrangement as of that date; or
(B) the date the person's employment will begin,
in the case of a person applying for employment with a school
district, open-enrollment charter school, or shared services
arrangement after the effective date of S.B. No. 9, Acts of the 80th
Legislature, Regular Session, 2007; and
(2) the employee or applicant for employment satisfied
all terms of the court order entered on conviction.
(c) An educational entity [A school district,
open-enrollment charter school, or shared services arrangement]
may not allow a person who is an employee of or applicant for
employment by a qualified school contractor or an entity that
contracts with the entity [district, school, or shared services
arrangement] to serve [at the district or school or] for the entity
[shared services arrangement] if the entity [district, school, or
shared services arrangement] obtains information described by
Subsection (a) through a criminal history record information review
concerning the employee or applicant. An educational entity [A
school district, open-enrollment charter school, or shared
services arrangement] must ensure that an entity that the
educational entity [district, school, or shared services
arrangement] contracts with for services has obtained all criminal
history record information as required by Section 22.0834.
(d) An educational entity or [A school district,
open-enrollment charter school,] private school[, regional
education service center, or shared services arrangement] may
discharge an employee if the entity [district] or school obtains
information of the employee's conviction of a felony or of a
misdemeanor involving moral turpitude that the employee did not
disclose to the board [State Board for Educator Certification] or
the entity or [district,] school[, service center, or shared
services arrangement]. An employee discharged under this section
is considered to have been discharged for misconduct for purposes
of Section 207.044, Labor Code.
(e) The board [State Board for Educator Certification] may
impose a sanction on an educator who does not discharge an employee
or refuse to hire an applicant for employment if the educator knows
or should have known, through a criminal history record information
review, that the employee or applicant has been:
(1) convicted of or placed on deferred adjudication
community supervision for an offense described by Subsection
(a)(1); or
(2) convicted of an offense described by Subsection
(a)(2).
(f) Each school year, the superintendent of a school
district or chief operating officer of an open-enrollment charter
school shall certify to the commissioner that the district or
school has complied with this section.
SECTION 2.21. Chapter 22A, Education Code, as added by this
Act, is amended by adding Subchapter E, and a heading is added to
that subchapter to read as follows:
SUBCHAPTER E. DENIAL OR REVOCATION OF EDUCATOR CERTIFICATION FOR
MISCONDUCT
SECTION 2.22. Section 21.058, Education Code, is
transferred to Subchapter E, Chapter 22A, Education Code, as added
by this Act, redesignated as Section 22A.201, Education Code, and
amended to read as follows:
Sec. 22A.201 [21.058]. DENIAL OR REVOCATION OF CERTIFICATE
AND TERMINATION OF EMPLOYMENT BASED ON CONVICTION OF OR PLACEMENT
ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN
OFFENSES. (a) The procedures described by this section
[Subsections (b) and (c)] apply only to:
(1) conviction of or placement on deferred
adjudication community supervision for:
(A) an offense for which a defendant is required
to register as a sex offender under Chapter 62, Code of Criminal
Procedure;
(B) an offense under Section 21.12 or 43.24,
Penal Code;
(C) a felony offense under Chapter 43, Penal
Code;
(D) a felony offense involving school property;
or
(E) an offense under the laws of another state or
federal law that is equivalent to an offense under Paragraph (A),
(B), (C), or (D); or
(2) conviction of:
(A) a felony offense under Title 5, Penal Code[,
if the victim of the offense was under 18 years of age at the time
the offense was committed]; or
(B) an offense under the laws of another state or
federal law that is equivalent to an offense under Paragraph (A)
[(3) conviction of or placement on deferred
adjudication community supervision for an offense under Section
43.24, Penal Code].
(b) Notwithstanding Section 21.041(b)(7), not later than
the fifth day after the date the board receives notice under Article
42.018, Code of Criminal Procedure, of the conviction or placement
on deferred adjudication community supervision of a person who
holds a certificate under Subchapter B, Chapter 21 [this
subchapter], the board shall:
(1) revoke the certificate held by the person; and
(2) provide to the person, to the agency, and to any
school district or open-enrollment charter school employing the
person at the time of revocation written notice of:
(A) the revocation; and
(B) the basis for the revocation.
(c) A school district or open-enrollment charter school
that receives notice under Subsection (b) of the revocation of a
person's certificate issued under Subchapter B, Chapter 21, [this
subchapter] shall:
(1) immediately remove the person whose certificate
has been revoked from campus or from an administrative office, as
applicable, to prevent the person from having any contact with a
student; and
(2) for a [if the] person [is] employed under a
probationary, continuing, or term contract under Chapter 21 [this
chapter], with the approval of the board of trustees or governing
body or a designee of the board or governing body:
(A) suspend the person without pay;
(B) provide the person with written notice that
the person's contract is void as provided by Subsection (e)
[(c-2)]; and
(C) terminate the employment of the person as
soon as practicable.
(d) [(c-1)] If a school district or open-enrollment charter
school becomes aware that a person employed by the district or
school under a probationary, continuing, or term contract under
Chapter 21 [this chapter] has been convicted of or received
deferred adjudication for a felony offense, and the person is not
subject to Subsection (c), the district or school may, with the
approval of the board of trustees or governing body or a designee of
the board of trustees or governing body:
(1) suspend the person without pay;
(2) provide the person with written notice that the
person's contract is void as provided by Subsection (e) [(c-2)];
and
(3) terminate the employment of the person as soon as
practicable.
(e) [(c-2)] A person's probationary, continuing, or term
contract under Chapter 21 is void if, with the approval of the board
of trustees or governing body or a designee of the board or
governing body, the school district or open-enrollment charter
school takes action under Subsection (c)(2)(B) or (d)(2)
[(c-1)(2)].
(f) The board or a school district may not issue a
certificate or permit under Subchapter B, Chapter 21, to a person
who has been convicted of or placed on deferred adjudication for an
offense described by Subsection (a)(1) or who has been convicted of
an offense described by Subsection (a)(2) [(d) A person whose
certificate is revoked under Subsection (b) may reapply for a
certificate in accordance with board rules].
(g) [(e)] Action taken by a school district or
open-enrollment charter school under Subsection (c) or (d) [(c-1)]
is not subject to appeal under this chapter, and the notice and
hearing requirements of this chapter do not apply to the action.
SECTION 2.23. Subchapter E, Chapter 22A, Education Code, as
added by this Act, is amended by adding Sections 22A.202 and 22A.203
to read as follows:
Sec. 22A.202. TEMPORARY SUSPENSION OF CERTIFICATION OR
PERMIT BASED ON CONTINUING AND IMMINENT THREAT TO PUBLIC WELFARE.
(a) The board may, by a majority vote of the board or of a
five-person committee of board members designated by the board,
temporarily suspend an educator's certification or permit issued
under Subchapter B, Chapter 21, if the board, based on evidence or
information presented to the board regarding a complaint alleging
misconduct by the educator, determines that the educator's
continued certification or permit issuance constitutes a
continuing and imminent threat to the public welfare.
(b) Notwithstanding Chapter 551, Government Code, the board
or a committee described by Subsection (a) may hold a meeting by
telephone conference call if the board or committee determines that
immediate action is required and convening the board or committee
at one location would be inconvenient for any member of the board or
committee.
(c) An educator's certification or permit may be
temporarily suspended under this section without notice or hearing
on the complaint alleging the educator's misconduct if:
(1) proceedings for a hearing before the State Office
of Administrative Hearings are initiated simultaneously with the
temporary suspension; and
(2) a hearing is held as soon as possible under this
chapter and Chapter 2001, Government Code.
(d) The State Office of Administrative Hearings shall hold a
preliminary hearing not later than the 17th day after the date of
the temporary suspension to determine whether probable cause exists
that the educator's certification or permit issuance constitutes a
continuing and imminent threat to the public welfare. The probable
cause hearing shall be conducted as a de novo hearing.
(e) The State Office of Administrative Hearings shall hold a
final hearing on the matter not later than the 61st day after the
date of the temporary suspension.
(f) The board shall propose rules adopting procedures for
the temporary suspension of an educator's certification or permit
under this section.
Sec. 22A.203. TEMPORARY SUSPENSION OF CERTIFICATION OR
PERMIT FOR CERTAIN ARRESTS. (a) The board may, by a majority vote
of the board or of a five-person committee of board members
designated by the board, temporarily suspend an educator's
certification or permit issued under Subchapter B, Chapter 21, if
the educator is arrested for an offense listed under Section
22A.201(a).
(b) Before suspending an educator's certification or permit
under Subsection (a), the board or committee, as applicable, must
verify that the person arrested for an offense described by that
subsection is the same person who holds a certification or permit
issued under Subchapter B, Chapter 21, by the board.
(c) A suspension under this section remains in effect until
the final disposition of the case.
(d) Sections 22A.202(c), (d), and (e) apply to a suspension
under this section.
(e) The board shall propose rules to implement this section,
including rules regarding evidence that serves as proof of final
disposition of a case.
SECTION 2.24. Chapter 22A, Education Code, as added by this
Act, is amended by adding Subchapter F to read as follows:
SUBCHAPTER F. OTHER REPORTING REQUIREMENTS
Sec. 22A.251. REPORT BY AGENCY. The agency, in cooperation
with the board, shall, on a quarterly basis, post on the agency's
Internet website a report on employee and service provider
misconduct reported under this chapter. The report must be
disaggregated by type of misconduct.
SECTION 2.25. Chapter 22A, Education Code, as added by this
Act, is amended by adding Subchapter G, and a heading is added to
that subchapter to read as follows:
SUBCHAPTER G. REQUIRED MISCONDUCT REPORTING: PRIVATE SCHOOLS
SECTION 2.26. Section 21.0062, Education Code, is
transferred to Subchapter G, Chapter 22A, Education Code, as added
by this Act, redesignated as Section 22A.301, Education Code, and
amended to read as follows:
Sec. 22A.301 [21.0062]. REQUIREMENT TO REPORT MISCONDUCT:
PRIVATE SCHOOLS. (a) In this section, "private [:
[(1) "Abuse" has the meaning assigned by Section
261.001, Family Code, and includes any sexual conduct involving a
student or minor and private school educator.
[(2) "Private] school educator" means a person
employed by or seeking employment in a private school for a position
in which the person would be required to hold a certificate issued
under Subchapter B, Chapter 21, if the person were employed by a
school district.
(b) In addition to the reporting requirement under Section
261.101, Family Code, the chief administrative officer of a private
school shall notify the board [State Board for Educator
Certification] if:
(1) a private school educator[:
[(1)] has a criminal record and the private school
obtained information about the educator's criminal record; or
(2) the chief administrative officer becomes aware of
evidence that a private school educator engaged in misconduct
described by Section 22A.051(a)(2)(A), (B), (C), or (D) [was
terminated and there is evidence that the educator:
[(A) abused or otherwise committed an unlawful
act with a student or minor; or
[(B) was involved in a romantic relationship with
or solicited or engaged in sexual contact with a student or minor].
(c) If there is evidence that a private school educator may
have engaged in misconduct described by Subsection (b) and the
educator resigns from employment before completion of the
investigation, the chief administrative officer of the private
school shall submit the evidence of misconduct collected to the
board [State Board for Educator Certification].
(d) The chief administrative officer of the private school
must notify the board [State Board for Educator Certification] by
filing a report with the board:
(1) not later than the seventh business day after the
date the chief administrative officer knew that a private school
educator[:
[(1)] has a criminal record under Subsection (b)(1);
or
(2) not later than 48 hours after the chief
administrative officer becomes aware of evidence of [was terminated
following] an alleged incident of misconduct described by
Subsection (b)(2).
(e) The report filed under Subsection (d) must be:
(1) in writing; [and]
(2) in a form prescribed by the board; and
(3) filed through the Internet portal developed and
maintained by the agency under Section 22A.155.
(f) Any person who knows or has reason to believe that a
private school educator engaged in the misconduct described by
Subsection (b)(2) may file a report with the board [State Board for
Educator Certification] under this section.
(g) A chief administrative officer of a private school or
any other person who in good faith files a report with the board
[State Board for Educator Certification] under this section or
communicates with a chief administrative officer or other
administrator of a private school concerning the criminal record of
or an alleged incident of misconduct by a private school educator is
immune from civil or criminal liability that might otherwise be
incurred or imposed.
(h) The name of a student or minor who is the victim of abuse
or unlawful conduct by a private school educator must be included in
a report filed under this section, but the name of the student or
minor is not public information under Chapter 552, Government Code.
(i) The board [State Board for Educator Certification]
shall propose rules as necessary to implement this section.
SECTION 2.27. Section 39.003(a), Education Code, is amended
to read as follows:
(a) The commissioner 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 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 board of trustees or between the board and
the district administration if it appears that the conflict
involves a violation of a role or duty of the 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 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;
(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);
(13) when an excessive number of students is
graduating with a particular endorsement under Section
28.025(c-1);
(14) in response to a complaint submitted to the
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 agency to make a determination
relating to public school accountability, including accreditation,
under this chapter;
(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;
(16) when a school district for any reason fails to:
(A) produce, at the request of the agency,
evidence or an investigation report relating to a person [an
educator] who is under investigation by the State Board for
Educator Certification or the agency; or
(B) timely submit a report required under Chapter
22A regarding a person who is required to be reported to the State
Board for Educator Certification or the agency under that chapter;
[or]
(17) in response to an alleged violation of Section
22B.003; or
(18) as the commissioner otherwise determines
necessary.
SECTION 2.28. Section 261.001, Family Code, is amended by
amending Subdivision (1) and adding Subdivision (3-a) to read as
follows:
(1) "Abuse" includes the following acts or omissions
by a person:
(A) mental or emotional injury to a child that
results in an observable and material impairment in the child's
growth, development, or psychological functioning;
(B) causing or permitting the child to be in a
situation in which the child sustains a mental or emotional injury
that results in an observable and material impairment in the
child's growth, development, or psychological functioning;
(C) physical injury that results in substantial
harm to the child, or the genuine threat of substantial harm from
physical injury to the child, including an injury that is at
variance with the history or explanation given and excluding an
accident or reasonable discipline by a parent, guardian, or
managing or possessory conservator that does not expose the child
to a substantial risk of harm;
(D) failure to make a reasonable effort to
prevent an action by another person that results in physical injury
that results in substantial harm to the child;
(E) sexual conduct harmful to a child's mental,
emotional, or physical welfare, including conduct that constitutes
the offense of continuous sexual abuse of young child or disabled
individual under Section 21.02, Penal Code, indecency with a child
under Section 21.11, Penal Code, improper relationship between
educator and student under Section 21.12, Penal Code, sexual
assault under Section 22.011, Penal Code, or aggravated sexual
assault under Section 22.021, Penal Code;
(F) failure to make a reasonable effort to
prevent sexual conduct harmful to a child;
(G) compelling or encouraging the child to engage
in sexual conduct as defined by Section 43.01, Penal Code,
including compelling or encouraging the child in a manner that
constitutes an offense of trafficking of persons under Section
20A.02(a)(7) or (8), Penal Code, solicitation of prostitution under
Section 43.021, Penal Code, or compelling prostitution under
Section 43.05(a)(2), Penal Code;
(H) causing, permitting, encouraging, engaging
in, or allowing the photographing, filming, or depicting of the
child if the person knew or should have known that the resulting
photograph, film, or depiction of the child is obscene as defined by
Section 43.21, Penal Code, or pornographic;
(I) the current use by a person of a controlled
substance as defined by Chapter 481, Health and Safety Code, in a
manner or to the extent that the use results in physical, mental, or
emotional injury to a child;
(J) causing, expressly permitting, or
encouraging a child to use a controlled substance as defined by
Chapter 481, Health and Safety Code;
(K) causing, permitting, encouraging, engaging
in, or allowing a sexual performance by a child as defined by
Section 43.25, Penal Code;
(L) knowingly causing, permitting, encouraging,
engaging in, or allowing a child to be trafficked in a manner
punishable as an offense under Section 20A.02(a)(5), (6), (7), or
(8), Penal Code, or the failure to make a reasonable effort to
prevent a child from being trafficked in a manner punishable as an
offense under any of those sections; or
(M) forcing or coercing a child to enter into a
marriage.
(3-a) "Law enforcement agency" means:
(A) the Department of Public Safety;
(B) the police department of a municipality;
(C) the sheriff's office of a county; or
(D) a constable's office of a county.
SECTION 2.29. Section 261.103(a), Family Code, is amended
to read as follows:
(a) Except as provided by Subsections (b) and (c) and
Section 261.405, a report shall be made to:
(1) a [any local or state] law enforcement agency;
(2) the department; or
(3) the state agency that operates, licenses,
certifies, or registers the facility in which the alleged abuse or
neglect occurred.
SECTION 2.30. Sections 261.104(b) and (d), Family Code, are
amended to read as follows:
(b) If the individual making a report of child abuse or
neglect uses the toll-free telephone number the department operates
for reporting child abuse or neglect and the individual is
unwilling to provide the information described by Subsection
(a)(4), the department representative receiving the report shall
notify the individual that:
(1) the department is not authorized to accept an
anonymous report of abuse or neglect;
(2) the individual may report the abuse or neglect by
making a report to a [any local or state] law enforcement agency;
and
(3) the identity of an individual making a report
under this subchapter is confidential and may be disclosed only:
(A) as provided by Section 261.201; or
(B) to a law enforcement officer for the purposes
of conducting a criminal investigation of the report.
(d) If a report of abuse or neglect is made orally, the
department or [local or state] law enforcement agency receiving the
report shall:
(1) notify the individual making the report that:
(A) the report is being recorded; and
(B) making a false report is a criminal offense
under Section 261.107 punishable as a state jail felony or a third
degree felony; and
(2) make an audio recording of the report.
SECTION 2.31. Sections 261.105(a), (b), and (d), Family
Code, are amended to read as follows:
(a) All reports received by a [local or state] law
enforcement agency that allege abuse or neglect by a person
responsible for a child's care, custody, or welfare shall be
referred immediately to the department.
(b) The department shall immediately notify the appropriate
[state or local] law enforcement agency of any report it receives,
other than a report from a law enforcement agency, that concerns the
suspected abuse or neglect of a child or death of a child from abuse
or neglect.
(d) If the department initiates an investigation and
determines that the abuse or neglect does not involve a person
responsible for the child's care, custody, or welfare, the
department shall refer the report to the appropriate [a] law
enforcement agency for further investigation. If the department
determines that the abuse or neglect involves an employee of a
public or private elementary or secondary school, [and that the
child is a student at the school,] the department shall [orally]
notify, in writing, the superintendent of the school district, the
director of the open-enrollment charter school, or the chief
executive officer of the private school in which the employee is
employed about the investigation. The written notice required by
this subsection may be provided by e-mail to the official e-mail
address of the appropriate official, if that e-mail address is
publicly available.
SECTION 2.32. Sections 261.301(a) and (c), Family Code, are
amended to read as follows:
(a) With assistance from the appropriate [state or local]
law enforcement agency as provided by this section, the department
shall make a prompt and thorough investigation of a report of child
abuse or neglect allegedly committed by a person responsible for a
child's care, custody, or welfare. The investigation shall be
conducted without regard to any pending suit affecting the
parent-child relationship.
(c) The department is not required to investigate a report
that alleges child abuse, neglect, or exploitation by a person
other than a person responsible for a child's care, custody, or
welfare. The appropriate [state or local] law enforcement agency
shall investigate that report if the agency determines an
investigation should be conducted.
SECTION 2.33. Section 261.304(a), Family Code, is amended
to read as follows:
(a) If an individual makes an anonymous report of child
abuse or neglect by a person responsible for a child's care,
custody, or welfare to a [local or state] law enforcement agency and
the agency refers the report to the department, the department
shall conduct a preliminary investigation to determine whether
there is any evidence to corroborate the report.
SECTION 2.34. Section 261.308, Family Code, is amended by
adding Subsection (f) to read as follows:
(f) The department shall release information required to be
released to the Texas Education Agency or the State Board for
Educator Certification under Subsection (d) or (e) by submitting
the information through the Internet portal developed and
maintained by the agency under Section 22A.155, Education Code.
SECTION 2.35. Section 261.402(b), Family Code, is amended
to read as follows:
(b) A state agency shall immediately notify the appropriate
[state or local] law enforcement agency of any report the agency
receives, other than a report from a law enforcement agency, that
concerns the suspected abuse, neglect, or exploitation of a child
or the death of a child from abuse or neglect. If the state agency
finds evidence indicating that a child may have been abused,
neglected, or exploited, the agency shall report the evidence to
the appropriate law enforcement agency.
SECTION 2.36. This article applies beginning with the
2025-2026 school year.
SECTION 2.37. Sections 22A.051 and 22A.052, Education Code,
as transferred, redesignated, and amended by this article, apply
only to an offense committed on or after September 1, 2025. An
offense committed before September 1, 2025, is governed by the law
in effect on the date the offense was committed, and the former law
is continued in effect for that purpose. For purposes of this
section, an offense was committed before September 1, 2025, if any
element of the offense occurred before that date.
ARTICLE 3. CONFORMING CHANGES
SECTION 3.01. Section 7.028(a), Education Code, is amended
to read as follows:
(a) Except as provided by Section 22A.051(n) [21.006(k)],
22A.052(m) [22.093(l)], 22A.156 [22.096], 28.006, 29.001(5),
29.010(a), 33.006(h), 37.1083, 37.1084, 38.003, or 39.003, the
agency may monitor compliance with requirements applicable to a
process or program provided by a school district, campus, program,
or school granted charters under Chapter 12, including the process
described by Subchapter F, Chapter 11, or a program described by
Subchapter B, C, D, E, F, H, or I, Chapter 29, or Subchapter A,
Chapter 37, only as necessary to ensure:
(1) compliance with federal law and regulations;
(2) financial accountability, including compliance
with grant requirements;
(3) data integrity for purposes of:
(A) the Public Education Information Management
System (PEIMS); and
(B) accountability under Chapters 39 and 39A; and
(4) qualification for funding under Chapter 48.
SECTION 3.02. Section 12.0271, Education Code, is amended
to read as follows:
Sec. 12.0271. FAILURE TO DISCHARGE OR REFUSE TO HIRE OR
TERMINATE OR REFUSE SERVICES FROM CERTAIN EMPLOYEES, [OR]
APPLICANTS, OR SERVICE PROVIDERS. A home-rule school district
commits a material violation of the school district's charter if
the school district fails to comply with the duty to discharge or
refuse to hire, or terminate or refuse to accept services from,
certain employees, [or] applicants for employment, or service
providers under Section 22A.151 or 22A.157, as applicable [22.085
or 22.092].
SECTION 3.03. Section 12.0631, Education Code, is amended
to read as follows:
Sec. 12.0631. FAILURE TO DISCHARGE OR REFUSE TO HIRE OR
TERMINATE OR REFUSE SERVICES FROM CERTAIN EMPLOYEES, [OR]
APPLICANTS, OR SERVICE PROVIDERS. A campus or campus program
granted a charter under this subchapter commits a material
violation of its charter if the campus or program fails to comply
with the duty to discharge or refuse to hire, or terminate or refuse
to accept services from, certain employees, [or] applicants for
employment, or service providers under Section 12.1059, 22A.151, or
22A.157, as applicable [22.085, or 22.092].
SECTION 3.04. Section 12.104(b), Education Code, is amended
to read as follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense;
(2) the provisions in Chapter 554, Government Code;
and
(3) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) reading instruments and accelerated reading
instruction programs under Section 28.006;
(D) accelerated instruction under Section
28.0211;
(E) high school graduation requirements under
Section 28.025;
(F) special education programs under Subchapter
A, Chapter 29;
(G) bilingual education under Subchapter B,
Chapter 29;
(H) prekindergarten programs under Subchapter E
or E-1, Chapter 29, except class size limits for prekindergarten
classes imposed under Section 25.112, which do not apply;
(I) extracurricular activities under Section
33.081;
(J) discipline management practices or behavior
management techniques under Section 37.0021;
(K) health and safety under Chapter 38;
(L) the provisions of Subchapter A, Chapter 39;
(M) public school accountability and special
investigations under Subchapters A, B, C, D, F, G, and J, Chapter
39, and Chapter 39A;
(N) the requirement under Section 22A.051 or
22A.052 [21.006] to report [an educator's] misconduct;
(O) intensive programs of instruction under
Section 28.0213;
(P) the right of a school employee to report a
crime, as provided by Section 37.148;
(Q) bullying prevention policies and procedures
under Section 37.0832;
(R) the right of a school under Section 37.0052
to place a student who has engaged in certain bullying behavior in a
disciplinary alternative education program or to expel the student;
(S) the right under Section 37.0151 to report to
local law enforcement certain conduct constituting assault or
harassment;
(T) a parent's right to information regarding the
provision of assistance for learning difficulties to the parent's
child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
(U) establishment of residency under Section
25.001;
(V) school safety requirements under Sections
37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,
37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and
37.2071 and Subchapter J, Chapter 37;
(W) the early childhood literacy and mathematics
proficiency plans under Section 11.185;
(X) the college, career, and military readiness
plans under Section 11.186; and
(Y) parental options to retain a student under
Section 28.02124.
SECTION 3.05. Section 12.1059, Education Code, is amended
to read as follows:
Sec. 12.1059. REQUIREMENTS FOR EMPLOYMENT OF CERTAIN
EMPLOYEES. A person may not be employed by or serve as a teacher,
librarian, educational aide, administrator, or school counselor
for an open-enrollment charter school unless:
(1) the person has been approved by the agency
following a review of the person's national criminal history record
information as provided by Section 22.0832; and
(2) the school has confirmed that the person is not
included in the registry under Section 22A.151 [22.092].
SECTION 3.06. Section 12.1151, Education Code, is amended
to read as follows:
Sec. 12.1151. FAILURE TO DISCHARGE OR REFUSE TO HIRE OR
TERMINATE OR REFUSE SERVICES FROM CERTAIN EMPLOYEES, [OR]
APPLICANTS, OR SERVICE PROVIDERS. An open-enrollment charter
school commits a material violation of the school's charter if the
school fails to comply with the duty to discharge or refuse to hire,
or terminate or refuse to accept services from, certain employees,
[or] applicants for employment, or service providers under Section
12.1059, 22A.151, or 22A.157, as applicable [22.085, or 22.092].
SECTION 3.07. Section 12.252(b), Education Code, is amended
to read as follows:
(b) An adult education program operated under a charter
granted under this subchapter is subject to:
(1) a provision of this title establishing a criminal
offense; and
(2) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary as determined by the
commissioner to monitor compliance with this subchapter and, as
applicable, Subchapter D;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) high school graduation requirements under
Section 28.025, to the extent applicable to a program participant;
(D) special education programs under Subchapter
A, Chapter 29;
(E) bilingual education under Subchapter B,
Chapter 29;
(F) health and safety under Chapter 38;
(G) the requirement under Section 22A.051 or
22A.052 [21.006] to report [an educator's] misconduct; and
(H) the right of an employee to report a crime, as
provided by Section 37.148.
SECTION 3.08. Section 12A.008(b-1), Education Code, is
amended to read as follows:
(b-1) The commissioner may terminate a district's
designation as a district of innovation if the district fails to
comply with the duty to discharge or refuse to hire certain
employees or applicants for employment under Section 12.1059,
applicable to the district under Section 12A.004(a)(1), or Section
22A.151 or 22A.157 [22.085 or 22.092].
SECTION 3.09. Section 21.054(e), Education Code, is amended
to read as follows:
(e) Continuing education requirements for a principal must
provide that not more than 25 percent of the training required every
five years include instruction regarding:
(1) effective and efficient management, including:
(A) collecting and analyzing information;
(B) making decisions and managing time; and
(C) supervising student discipline and managing
behavior;
(2) recognizing early warning indicators that a
student may be at risk of dropping out of school;
(3) digital learning, digital teaching, and
integrating technology into campus curriculum and instruction;
(4) effective implementation of a comprehensive
school counseling program under Section 33.005;
(5) mental health programs addressing a mental health
condition;
(6) educating diverse student populations, including:
(A) students who are educationally
disadvantaged;
(B) emergent bilingual students; and
(C) students at risk of dropping out of school;
and
(7) preventing, recognizing, and reporting any sexual
conduct between an educator and student that is prohibited under
Section 21.12, Penal Code, or for which reporting is required under
Section 22A.051 [21.006] of this code.
SECTION 3.10. Section 21.0585, Education Code, is amended
to read as follows:
Sec. 21.0585. NOTICE TO AGENCY REGARDING REVOCATION OF
CERTIFICATE OR PERMIT FOR CERTAIN MISCONDUCT. The board shall
promptly notify the agency for purposes of Section 22A.151 [22.092]
if the board revokes a certificate or permit of a person on a
finding that the person engaged in misconduct described by Section
22A.051(a)(2)(A), (B), (C), or (D) [21.006(b)(2)(A) or (A-1)].
SECTION 3.11. Section 22.0815(a), Education Code, is
amended to read as follows:
(a) In this section, "other charter entity" has the meaning
assigned by Section 22A.001 [21.006].
SECTION 3.12. Section 22.0825(a), Education Code, is
amended to read as follows:
(a) In this section, "other charter entity" has the meaning
assigned by Section 22A.001 [21.006].
SECTION 3.13. Section 22.0833(g), Education Code, is
amended to read as follows:
(g) A school district, open-enrollment charter school, or
shared services arrangement shall provide the agency with the name
of a person to whom this section applies. The agency shall obtain
all criminal history record information of the person through the
criminal history clearinghouse as provided by Section 411.0845,
Government Code. The agency shall examine the criminal history
record information of the person and notify the district, school,
or shared services arrangement if the person may not be hired or
must be discharged as provided by Section 22A.157 [22.085].
SECTION 3.14. Section 22.0834(o), Education Code, is
amended to read as follows:
(o) A school district, charter school, regional education
service center, commercial transportation company, education
shared services arrangement, or qualified school contractor,
contracting entity, or subcontracting entity may not permit an
employee to whom Subsection (a) applies to provide services at a
school if the employee has been convicted of a felony or misdemeanor
offense that would prevent a person from being employed under
Section 22A.157(a) [22.085(a)].
SECTION 3.15. Section 22.0836(g), Education Code, is
amended to read as follows:
(g) A school district, open-enrollment charter school, or
shared services arrangement shall provide the agency with the name
of a person to whom this section applies. The agency shall obtain
all criminal history record information of the person through the
criminal history clearinghouse as provided by Section 411.0845,
Government Code. The agency shall examine the criminal history
record information and certification records of the person and
notify the district, school, or shared services arrangement if the
person:
(1) may not be hired or must be discharged as provided
by Section 22A.157 [22.085]; or
(2) may not be employed as a substitute teacher
because the person's educator certification has been revoked or is
suspended.
SECTION 3.16. Section 33.913(b), Education Code, is amended
to read as follows:
(b) To participate in the program as a tutor, a person must:
(1) be an active or retired teacher;
(2) apply for the position in a manner specified by the
nonprofit organization;
(3) designate in the application whether the person
plans to provide tutoring:
(A) for compensation, on a volunteer basis, or
both; and
(B) in person, online, or both; and
(4) not be included in the registry of persons not
eligible for employment by a public school under Section 22A.151
[22.092].
SECTION 3.17. Section 39.0302(a), Education Code, is
amended to read as follows:
(a) During an agency investigation or audit of a school
district under Section 39.0301(e) or (f), a special investigation
under Section 39.003(a)(8) or (14), a compliance review under
Section 22A.051(n), 22A.052(m) [21.006(k), 22.093(l)], or 22A.156
[22.096], or an investigation by the State Board for Educator
Certification of an educator for an alleged violation of an
assessment instrument security procedure established under Section
39.0301(a), the commissioner may issue a subpoena to compel the
attendance of a relevant witness or the production, for inspection
or copying, of relevant evidence that is located in this state.
SECTION 3.18. Section 810.003(a), Health and Safety Code,
is amended to read as follows:
(a) The department, in collaboration with each
participating state agency, shall establish an interagency
reportable conduct search engine for persons to search information
on reportable conduct in accordance with this chapter and rules
adopted under this chapter maintained by:
(1) the Department of Family and Protective Services
in the central registry established under Section 261.002, Family
Code;
(2) the Health and Human Services Commission in the
employee misconduct registry established under Chapter 253;
(3) the Texas Education Agency in the registry
established under Section 22A.151 [22.092], Education Code; and
(4) the Texas Juvenile Justice Department in the
integrated certification information system and in any informal
list the Texas Juvenile Justice Department maintains.
SECTION 3.19. Section 810.004(b), Health and Safety Code,
is amended to read as follows:
(b) In addition to the eligible individuals described by
Subsection (a), each participating state agency shall designate
additional users who are eligible to access the search engine and
may require those users to determine whether an individual has
engaged in reportable conduct. The additional designated users may
include controlling persons, hiring managers, or administrators
of:
(1) licensed or certified long-term care providers,
including:
(A) home and community support services agencies
licensed under Chapter 142;
(B) nursing facilities licensed under Chapter
242;
(C) assisted living facilities licensed under
Chapter 247;
(D) prescribed pediatric extended care centers
licensed under Chapter 248A;
(E) intermediate care facilities for individuals
with an intellectual disability licensed under Chapter 252;
(F) state supported living centers, as defined by
Section 531.002; and
(G) day activity and health services facilities
licensed under Chapter 103, Human Resources Code;
(2) providers under a Section 1915(c) waiver program,
as defined by Section 521.0001 [531.001], Government Code;
(3) juvenile probation departments and registered
juvenile justice facilities;
(4) independent school districts, districts of
innovation, open-enrollment charter schools, other charter
entities, as defined by Section 22A.001 [21.006], Education Code,
regional education service centers, education shared services
arrangements, or any other educational entity or provider that is
authorized to access the registry established under Section 22A.151
[22.092], Education Code;
(5) private schools that:
(A) offer a course of instruction for students in
this state in one or more grades from prekindergarten through grade
12; and
(B) are:
(i) accredited by an organization
recognized by the Texas Education Agency or the Texas Private
School Accreditation Commission;
(ii) listed in the database of the National
Center for Education Statistics of the United States Department of
Education; or
(iii) otherwise authorized by Texas
Education Agency rule to access the search engine; and
(6) nonprofit teacher organizations approved by the
commissioner of education for the purpose of participating in the
tutoring program established under Section 33.913, Education Code.
SECTION 3.20. The following provisions of the Education
Code are repealed:
(1) the heading to Section 21.006;
(2) the heading to Subchapter C-1, Chapter 22; and
(3) Section 22.091.
ARTICLE 4. TRANSITION; SEVERABILITY; EFFECTIVE DATE
SECTION 4.01. To the extent of any conflict, this Act
prevails over another Act of the 89th Legislature, Regular Session,
2025, relating to nonsubstantive additions to and corrections in
enacted codes.
SECTION 4.02. It is the intent of the legislature that every
provision, section, subsection, sentence, clause, phrase, or word
in this Act, and every application of the provisions in this Act to
each person or entity, is severable from each other. If any
application of any provision in this Act to any person, group of
persons, or circumstances is found by a court to be invalid for any
reason, the remaining applications of that provision to all other
persons and circumstances shall be severed and may not be affected.
SECTION 4.03. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2025.