Texas 2025 - 89th Regular

Texas House Bill HB7 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R19773 TYPED
2	2	By: Leach H.B. No. 7
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to parental rights in public education and to the
10	10	reporting of certain misconduct and child abuse and neglect;
11	11	authorizing an administrative penalty; creating criminal offenses.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	ARTICLE 1. PARENTAL RIGHTS
14	14	SECTION 1.01. Section 7.057, Education Code, is amended by
15	15	amending Subsections (a) and (e) and adding Subsections (c-1) and
16	16	(g) to read as follows:
17	17	(a) Except as provided by Subsection (e), a person may
18	18	appeal in writing to the commissioner if the person is aggrieved
19	19	by[:
20	20	[(1) the school laws of this state; or
21	21	[(2)] actions or decisions of any school district
22	22	board of trustees that violate:
23	23	(1) [(A)] the school laws of this state; or
24	24	(2) [(B)] a provision of a written employment contract
25	25	between the school district and a school district employee, if a
26	26	violation causes or would cause monetary harm to the employee.
27	27	(c-1) In an appeal against a school district, the
28	28	commissioner may:
29	29	(1) if the record is insufficient for the commissioner
30	30	to resolve the appeal, remand the case to the district and order an
31	31	investigation and development of the record; or
32	32	(2) if the commissioner determines that an action or
33	33	decision of the district's board of trustees violated a law or
34	34	provision described by Subsection (a):
35	35	(A) reverse the case or remand the case to the
36	36	board of trustees for additional proceedings; and
37	37	(B) order the board of trustees to take
38	38	corrective action the commissioner determines appropriate to
39	39	remedy the violation.
40	40	(e) This section does not apply to:
41	41	(1) a case to which Subchapter G, Chapter 21, applies;
42	42	[or]
43	43	(2) a case involving extracurricular activities; or
44	44	(3) a student disciplinary action under Chapter 37.
45	45	(g) The commissioner may adopt rules as necessary to
46	46	implement this section.
47	47	SECTION 1.02. Subchapter C, Chapter 7, Education Code, is
48	48	amended by adding Sections 7.0571 and 7.0572 to read as follows:
49	49	Sec. 7.0571. REMAND. (a) In an appeal against a school
50	50	district under Section 7.057, the commissioner may remand the case
51	51	to the district for rehearing under Chapter 26A if the commissioner
52	52	determines that the appeal would have likely succeeded on the
53	53	merits if not for:
54	54	(1) a fatal procedural error at the district level;
55	55	(2) failure to allege the correct statutory violation;
56	56	or
57	57	(3) failure to develop necessary evidence at the
58	58	district level.
59	59	(b) In remanding a case under Subsection (a), the
60	60	commissioner may:
61	61	(1) identify specific issues or law for the school
62	62	district to address; and
63	63	(2) alter the timelines provided under Chapter 26A.
64	64	(c) A case remanded under this section may be appealed again
65	65	under Section 7.057, and the timelines established by that section
66	66	apply to the appeal unless the commissioner provides for a shorter
67	67	timeline.
68	68	(d) The commissioner may adopt rules as necessary to
69	69	implement this section.
70	70	Sec. 7.0572. DISPUTE RESOLUTION FACILITATION. (a) The
71	71	commissioner shall develop a program for the training and review of
72	72	dispute resolution facilitators.
73	73	(b) The commissioner shall establish requirements for a
74	74	person to qualify as a dispute resolution facilitator under this
75	75	section.
76	76	(c) In an appeal against a school district under Section
77	77	7.057, the commissioner may refer to dispute resolution
78	78	facilitation under this section a case involving a grievance by a
79	79	parent of or person standing in parental relation to a student
80	80	enrolled in the district arising from the parent's or person's
81	81	status as a parent of or person standing in parental relation to the
82	82	student if:
83	83	(1) the grievance does not allege:
84	84	(A) conduct described by Section 7.057(a) or (e);
85	85	or
86	86	(B) conduct for which Title 1 or 2, other than
87	87	Section 11.151(b), makes a specific decision of the district's
88	88	board of trustees final and unappealable or not subject to review;
89	89	and
90	90	(2) the commissioner determines that the district's
91	91	conduct should be reviewed for substantial error that is apparent
92	92	from the record.
93	93	(d) The commissioner shall appoint a dispute resolution
94	94	facilitator to an appeal referred to dispute resolution
95	95	facilitation under Subsection (c). A dispute resolution
96	96	facilitator:
97	97	(1) shall:
98	98	(A) propose factual findings related to the
99	99	grievance;
100	100	(B) consider information provided by the person
101	101	who filed the grievance and the school district;
102	102	(C) facilitate a resolution between the person
103	103	who filed the grievance and the school district; and
104	104	(D) if no resolution is possible, render a
105	105	decision that includes findings of fact and conclusions of law; and
106	106	(2) may recommend a remand of the grievance or grant
107	107	relief or redress to the person who filed the grievance in the same
108	108	manner as the commissioner under Section 7.057.
109	109	(e) The commissioner may adopt or reject the final
110	110	determination of a dispute resolution facilitator. If the
111	111	commissioner rejects the determination, no decision on the matter
112	112	is issued. If the commissioner adopts the determination, the
113	113	determination is binding on the parties. A determination by the
114	114	commissioner under this subsection is final and may not be
115	115	appealed, including under Section 7.057(d).
116	116	(f) The school district against which the grievance was
117	117	filed shall pay the cost of the dispute resolution facilitator, the
118	118	hearing room, the certified court reporter at the hearing, and the
119	119	production of any original hearing transcript.
120	120	(g) Section 7.057(a-1) applies to conduct that may be
121	121	referred to dispute resolution facilitation under Subsection
122	122	(c)(1).
123	123	(h) The commissioner may adopt rules as necessary to
124	124	implement this section.
125	125	SECTION 1.03. Subchapter A, Chapter 11, Education Code, is
126	126	amended by adding Section 11.004 to read as follows:
127	127	Sec. 11.004. COMPLIANCE WITH MANDATORY POLICY. A school
128	128	district, the district's board of trustees, and the district's
129	129	employees shall implement and comply with each policy the district
130	130	is required to adopt under this code or other law.
131	131	SECTION 1.04. The heading to Section 11.1518, Education
132	132	Code, is amended to read as follows:
133	133	Sec. 11.1518. TRUSTEE INFORMATION [POSTED ON WEBSITE].
134	134	SECTION 1.05. Section 11.1518, Education Code, is amended
135	135	by amending Subsection (c) and adding Subsections (d) and (e) to
136	136	read as follows:
137	137	(c) Not later than the 30th day after a new person is sworn
138	138	in as a member [Each time there is a change in the membership] of a
139	139	school district's board of trustees, the district shall update the
140	140	information required under Subsection (a) and, as applicable:
141	141	(1) post the updated information on the district's
142	142	Internet website; or
143	143	(2) submit the updated information to the agency for
144	144	posting on the agency's Internet website in accordance with
145	145	Subsection (b).
146	146	(d) A school district shall annually submit to the agency
147	147	the information required under Subsection (a) for each member of
148	148	the district's board of trustees. The information must:
149	149	(1) identify the member designated as chair; and
150	150	(2) be updated as required by Subsection (c).
151	151	(e) The commissioner may adopt rules as necessary to
152	152	implement this section.
153	153	SECTION 1.06. Section 12A.004(a), Education Code, is
154	154	amended to read as follows:
155	155	(a) A local innovation plan may not provide for the
156	156	exemption of a district designated as a district of innovation from
157	157	the following provisions of this title:
158	158	(1) a state or federal requirement applicable to an
159	159	open-enrollment charter school operating under Subchapter D,
160	160	Chapter 12;
161	161	(2) Subchapters A, C, D, and E, Chapter 11, except that
162	162	a district may be exempt from Sections 11.1511(b)(5) and (14) and
163	163	Section 11.162;
164	164	(3) the grievance policy under Chapter 26A;
165	165	(4) state curriculum and graduation requirements
166	166	adopted under Chapter 28; and
167	167	(5) [(4)] academic and financial accountability and
168	168	sanctions under Chapters 39 and 39A.
169	169	SECTION 1.07. Section 21.048(c-1), Education Code, is
170	170	amended to read as follows:
171	171	(c-1) The results of an examination administered under this
172	172	section are confidential and are not subject to disclosure under
173	173	Chapter 552, Government Code, unless the disclosure is regarding
174	174	notification to a parent of the assignment of an uncertified
175	175	teacher to a classroom as required by Section 26.0083 [21.057].
176	176	SECTION 1.08. Chapter 26, Education Code, is amended by
177	177	adding Sections 26.0021 and 26.0022 to read as follows:
178	178	Sec. 26.0021. PARENTAL RIGHTS INFORMATION. (a) The agency
179	179	shall create and maintain a document that informs a parent of the
180	180	parent's rights regarding the education of the parent's child
181	181	provided under this chapter.
182	182	(b) The document must:
183	183	(1) include information regarding accessing the
184	184	contents of this chapter;
185	185	(2) be made publicly available in a prominent place on
186	186	the Internet website of the agency and each school district; and
187	187	(3) be provided to parents at the beginning of each
188	188	school year in an electronic or hard copy format.
189	189	Sec. 26.0022. RIGHT TO SELECT EDUCATIONAL SETTING. A
190	190	parent is entitled to choose the educational setting for the
191	191	parent's child, including public school, private school, or home
192	192	school.
193	193	SECTION 1.09. Section 26.004(b), Education Code, is amended
194	194	to read as follows:
195	195	(b) A parent is entitled to access to all written records of
196	196	a school district concerning the parent's child, including:
197	197	(1) attendance records;
198	198	(2) test scores;
199	199	(3) grades;
200	200	(4) disciplinary records;
201	201	(5) counseling records;
202	202	(6) psychological records;
203	203	(7) applications for admission;
204	204	(8) health and immunization information;
205	205	(9) teacher and school counselor evaluations;
206	206	(10) reports of behavioral patterns; [and]
207	207	(11) records relating to assistance provided for
208	208	learning difficulties, including information collected regarding
209	209	any intervention strategies used with the child; and
210	210	(12) records relating to library materials checked out
211	211	by the child from a school library.
212	212	SECTION 1.10. Section 26.006, Education Code, is amended by
213	213	adding Subsection (g) to read as follows:
214	214	(g) Each school district and open-enrollment charter school
215	215	shall post on the home page of the district's or school's Internet
216	216	website a notice stating that a parent of a student enrolled in the
217	217	district or school is entitled to review the materials described by
218	218	Subsection (a)(1) and may request that the district or school make
219	219	the materials available for review as provided by this section.
220	220	SECTION 1.11. Chapter 26, Education Code, is amended by
221	221	adding Section 26.0062 to read as follows:
222	222	Sec. 26.0062. REQUIRED DISCLOSURE REGARDING INSTRUCTIONAL
223	223	PLAN. (a) Each school district shall adopt a policy to make
224	224	available on the district's Internet website at the beginning of
225	225	each semester an instructional plan or course syllabus for each
226	226	class offered in the district for that semester.
227	227	(b) The policy adopted under Subsection (a) must:
228	228	(1) require each teacher to provide before the
229	229	beginning of each semester a copy of the teacher's instructional
230	230	plan or course syllabus for each class for which the teacher
231	231	provides instruction to:
232	232	(A) district administration; and
233	233	(B) the parent of each student enrolled in the
234	234	class; and
235	235	(2) provide for additional copies of an instructional
236	236	plan or course syllabus to be made available to a parent of a
237	237	student enrolled in the class on the parent's request.
238	238	SECTION 1.12. Section 21.057, Education Code, is
239	239	transferred to Chapter 26, Education Code, redesignated as Section
240	240	26.0083, Education Code, and amended to read as follows:
241	241	Sec. 26.0083 [21.057]. PARENTAL NOTIFICATION REGARDING
242	242	TEACHER CERTIFICATION. (a) A school district that assigns an
243	243	inappropriately certified or uncertified teacher to the same
244	244	classroom for more than 30 consecutive instructional days during
245	245	the same school year shall provide written notice of the assignment
246	246	to a parent or guardian of each student in that classroom.
247	247	(b) The superintendent of the school district shall provide
248	248	the notice required by Subsection (a) not later than the 30th
249	249	instructional day after the date of the assignment of the
250	250	inappropriately certified or uncertified teacher.
251	251	(c) The school district shall:
252	252	(1) make a good-faith effort to ensure that the notice
253	253	required by this section is provided in a bilingual form to any
254	254	parent or guardian whose primary language is not English;
255	255	(2) retain a copy of any notice provided under this
256	256	section; and
257	257	(3) make information relating to teacher
258	258	certification available to the public on request.
259	259	(d) For purposes of this section, "inappropriately
260	260	certified or uncertified teacher":
261	261	(1) includes:
262	262	(A) an individual serving on an emergency
263	263	certificate issued under Section 21.041(b)(2); or
264	264	(B) an individual who does not hold any
265	265	certificate or permit issued under this chapter and is not employed
266	266	as specified by Subdivision (2)(E); and
267	267	(2) does not include an individual:
268	268	(A) who is a certified teacher assigned to teach
269	269	a class or classes outside his or her area of certification, as
270	270	determined by rules proposed by the board in specifying the
271	271	certificate required for each assignment;
272	272	(B) serving on a certificate issued due to a
273	273	hearing impairment under Section 21.048;
274	274	(C) serving on a certificate issued pursuant to
275	275	enrollment in an approved alternative certification program under
276	276	Section 21.049;
277	277	(D) certified by another state or country and
278	278	serving on a certificate issued under Section 21.052;
279	279	(E) serving on a school district teaching permit
280	280	issued under Section 21.055; or
281	281	(F) employed under a waiver granted by the
282	282	commissioner pursuant to Section 7.056.
283	283	(e) This section does not apply if a school is required in
284	284	accordance with Section 1006, Every Student Succeeds Act (20 U.S.C.
285	285	Section 6312(e)(1)(B)(ii)), to provide notice to a parent or
286	286	guardian regarding a teacher who does not meet certification
287	287	requirements at the grade level and subject area in which the
288	288	teacher is assigned, provided the school provides notice as
289	289	required by that Act.
290	290	SECTION 1.13. Section 26.009, Education Code, is amended by
291	291	amending Subsections (a) and (b) and adding Subsections (a-1),
292	292	(a-2), (c), and (d) to read as follows:
293	293	(a) An employee or contractor of a school district must
294	294	obtain the written consent of a child's parent in the manner
295	295	required by Subsection (a-2) before the employee or contractor may:
296	296	(1) conduct a psychological or psychiatric
297	297	examination or[,] test[,] or psychological or psychiatric
298	298	treatment, unless the examination, test, or treatment is required
299	299	under Section 38.004 or state or federal law regarding requirements
300	300	for special education; or
301	301	(2) subject to Subsection (b), make or authorize the
302	302	making of a videotape of a child or record or authorize the
303	303	recording of a child's voice.
304	304	(a-1) For purposes of Subsection (a):
305	305	(1) "Psychological or psychiatric examination or
306	306	test" means a method designed to elicit information regarding an
307	307	attitude, habit, trait, opinion, belief, feeling, or mental
308	308	disorder or a condition thought to lead to a mental disorder,
309	309	regardless of the manner in which the method is presented or
310	310	characterized, including a method that is presented or
311	311	characterized as a survey, check-in, or screening or is embedded in
312	312	an academic lesson.
313	313	(2) "Psychological or psychiatric treatment" means
314	314	the planned, systematic use of a method or technique that is
315	315	designed to affect behavioral, emotional, or attitudinal
316	316	characteristics of an individual or group.
317	317	(a-2) Written consent for a parent's child to participate in
318	318	a district activity described by Subsection (a) must be obtained
319	319	for each separate activity in which the child participates, and
320	320	each written consent must be signed by the parent and returned to
321	321	the district. A child may not participate in the activity unless
322	322	the district receives the parent's signed written consent to that
323	323	activity.
324	324	(b) An employee or contractor of a school district is not
325	325	required to obtain the consent of a child's parent before the
326	326	employee or contractor may make a videotape of a child or authorize
327	327	the recording of a child's voice if the videotape or voice recording
328	328	is to be used only for:
329	329	(1) purposes of safety, including the maintenance of
330	330	order and discipline in common areas of the school or on school
331	331	buses;
332	332	(2) a purpose related to a cocurricular or
333	333	extracurricular activity;
334	334	(3) a purpose related to regular classroom
335	335	instruction;
336	336	(4) media coverage of the school; or
337	337	(5) a purpose related to the promotion of student
338	338	safety under Section 29.022.
339	339	(c) A school district shall retain the written informed
340	340	consent of a child's parent obtained under this section as part of
341	341	the child's education records.
342	342	(d) Nothing in this section may be construed to:
343	343	(1) require an employee or contractor of a school
344	344	district to obtain the written consent of a child's parent before
345	345	verbally asking the child about the child's general well-being;
346	346	(2) affect a child's consent to counseling under
347	347	Section 32.004, Family Code; or
348	348	(3) affect the duty to report child abuse or neglect
349	349	under Chapter 261, Family Code, or an investigation of a report of
350	350	abuse or neglect under that chapter.
351	351	SECTION 1.14. Section 26.011(a), Education Code, is amended
352	352	to read as follows:
353	353	(a) The board of trustees of each school district shall
354	354	adopt a grievance procedure that complies with Chapter 26A under
355	355	which the board shall address each complaint that the board
356	356	receives concerning violation of a right guaranteed by this
357	357	chapter.
358	358	SECTION 1.15. Subtitle E, Title 2, Education Code, is
359	359	amended by adding Chapter 26A to read as follows:
360	360	CHAPTER 26A. GRIEVANCE POLICY
361	361	Sec. 26A.001. GRIEVANCE POLICY. (a) The board of trustees
362	362	of a school district shall adopt a grievance policy to address
363	363	grievances received by the district.
364	364	(b) The policy must provide for the following levels of
365	365	review, subject to Subsection (c):
366	366	(1) review by:
367	367	(A) the principal of the school district campus
368	368	at which the grievance is filed or the principal's designee; or
369	369	(B) for a grievance that arises from subject
370	370	matter unrelated to a campus, review by an administrator at the
371	371	school district's central office;
372	372	(2) if established by the policy, an appeal to an
373	373	administrator at the school district's central office;
374	374	(3) an appeal to the superintendent of the school
375	375	district or the superintendent's designee; and
376	376	(4) an appeal to the board of trustees of the school
377	377	district.
378	378	(c) A review or appeal on a grievance must be conducted by a
379	379	person with the authority to address the grievance unless a
380	380	preliminary hearing is necessary to develop a record or a
381	381	recommendation for the board of trustees of the school district.
382	382	(d) The board of trustees of a school district may delegate
383	383	the authority to hear and decide a grievance to a committee of at
384	384	least three members composed only of members of the board of
385	385	trustees. For purposes of an appeal to the commissioner under
386	386	Section 7.057, a decision by the committee is a decision of the
387	387	board of trustees.
388	388	(e) The policy must:
389	389	(1) prohibit the board of trustees of the school
390	390	district or a district employee from retaliating against a student
391	391	or parent of or person standing in parental relation to a student
392	392	who files a grievance in accordance with the policy;
393	393	(2) require a person involved in reviewing a grievance
394	394	under the policy to recuse himself or herself from reviewing the
395	395	grievance if the person is the subject of the grievance;
396	396	(3) provide for a higher level of review under
397	397	Subsection (b) if the person who would otherwise review the
398	398	grievance is required to recuse himself or herself under
399	399	Subdivision (2);
400	400	(4) provide for the creation and retention of a record
401	401	of each hearing on the grievance, including:
402	402	(A) documents submitted by the person who filed
403	403	the grievance or determined relevant by school district personnel;
404	404	and
405	405	(B) a written record of the decision, including
406	406	an explanation of the basis for the decision and an indication of
407	407	each document that supports the decision;
408	408	(5) allow the person who filed the grievance to
409	409	supplement the record with additional documents or add additional
410	410	claims;
411	411	(6) allow for a remand to a lower level of review under
412	412	Subsection (b) to develop a record at any time, including at the
413	413	board of trustees level of review;
414	414	(7) require the school district to direct a grievance
415	415	that is filed with the incorrect administrator to the appropriate
416	416	administrator and consider the grievance filed on the date on which
417	417	the grievance was initially filed; and
418	418	(8) for a grievance before the board of trustees of the
419	419	school district, require that:
420	420	(A) the person who filed the grievance be
421	421	provided at least five business days before the date on which the
422	422	meeting to discuss the grievance will be held a description of any
423	423	information the board of trustees intends to rely on that is not
424	424	contained in the record; and
425	425	(B) the meeting at which the grievance is
426	426	discussed be recorded by video or audio recording or by transcript
427	427	created by a certified court reporter.
428	428	Sec. 26A.002. TIMELINES FOR FILING AND APPEAL. The policy
429	429	adopted under Section 26A.001 must:
430	430	(1) provide at least:
431	431	(A) for a grievance filed by a parent of or person
432	432	standing in parental relation to a student enrolled in the school
433	433	district:
434	434	(i) 60 days to file a grievance from the
435	435	date on which the parent or person knew or had reason to know of the
436	436	facts giving rise to the grievance; or
437	437	(ii) if the parent or person engaged in
438	438	informal attempts to resolve the grievance, the later of 90 days to
439	439	file a grievance from the date described by Subparagraph (i) or 30
440	440	days to file a grievance from the date on which the district
441	441	provided information to the parent or person regarding how to file
442	442	the grievance; and
443	443	(B) 20 days to file an appeal after the date on
444	444	which a decision on the grievance was made;
445	445	(2) for a hearing that is not before the board of
446	446	trustees of the school district, require:
447	447	(A) the district to hold a hearing not later than
448	448	the 10th day after the date on which the grievance or appeal was
449	449	filed; and
450	450	(B) a written decision to be made not later than
451	451	the 20th day after the date on which the hearing was held that
452	452	includes:
453	453	(i) any relief or redress to be provided;
454	454	and
455	455	(ii) information regarding filing an
456	456	appeal, including the timeline to appeal under this section and
457	457	Section 7.057, if applicable; and
458	458	(3) for a hearing before the board of trustees of the
459	459	school district, require the board of trustees to:
460	460	(A) hold a meeting to discuss the grievance not
461	461	later than the 60th day after the date on which the previous
462	462	decision on the grievance was made; and
463	463	(B) make a decision on the grievance not later
464	464	than the 30th day after the date on which the meeting is held under
465	465	Paragraph (A).
466	466	Sec. 26A.003. POSTING OF PROCEDURES AND FORMS. (a) The
467	467	board of trustees of a school district shall develop, make publicly
468	468	available in a prominent location on the district's Internet
469	469	website, and include in the district's student handbook:
470	470	(1) procedures for resolving grievances;
471	471	(2) standardized forms for filing a grievance, a
472	472	notice of appeal, or a request for a hearing under this chapter; and
473	473	(3) the method by which a grievance may be filed
474	474	electronically.
475	475	(b) A school district shall ensure that a grievance may be
476	476	submitted electronically at the location on the district's Internet
477	477	website at which the information described by Subsection (a) is
478	478	available.
479	479	(c) A school district shall submit and make accessible to
480	480	the agency the location on the district's Internet website at which
481	481	the information described by Subsection (a) is available.
482	482	SECTION 1.16. Section 28.004, Education Code, is amended by
483	483	adding Subsection (i-2) to read as follows:
484	484	(i-2) Before a student may be provided with human sexuality
485	485	instruction, a school district must obtain the written consent of
486	486	the student's parent. A request for written consent under this
487	487	subsection:
488	488	(1) may not be included with any other notification or
489	489	request for written consent provided to the parent, other than the
490	490	notice provided under Subsection (i); and
491	491	(2) must be provided to the parent not later than the
492	492	14th day before the date on which the human sexuality instruction
493	493	begins.
494	494	SECTION 1.17. Section 12A.004(a), Education Code, as
495	495	amended by this Act, applies to a local innovation plan adopted or
496	496	renewed before, on, or after the effective date of this Act.
497	497	SECTION 1.18. (a) Except as provided by Subsection (b) of
498	498	this section, this article applies beginning with the 2025-2026
499	499	school year.
500	500	(b) The changes in law made by this article apply to an
501	501	appeal filed with the commissioner of education on or after
502	502	September 1, 2025. An appeal filed with the commissioner before
503	503	September 1, 2025, is governed by the law in effect on the date the
504	504	appeal was filed, and the former law is continued in effect for that
505	505	purpose.
506	506	ARTICLE 2. REPORTING OF MISCONDUCT AND CHILD ABUSE AND NEGLECT
507	507	SECTION 2.01. Article 42.018(a), Code of Criminal
508	508	Procedure, is amended to read as follows:
509	509	(a) This article applies only to:
510	510	(1) conviction or deferred adjudication community
511	511	supervision granted on the basis of:
512	512	(A) an offense for which a conviction or grant of
513	513	deferred adjudication community supervision requires the defendant
514	514	to register as a sex offender under Chapter 62;
515	515	(B) an offense under Section 21.12 or 43.24,
516	516	Penal Code;
517	517	(C) a felony offense under Chapter 43, Penal
518	518	Code;
519	519	(D) a felony offense involving school property;
520	520	or
521	521	(E) an offense under the laws of another state or
522	522	federal law that is equivalent to an offense under Paragraph (A),
523	523	(B), (C), or (D); or
524	524	(2) conviction of:
525	525	(A) a felony [an] offense under Title 5, Penal
526	526	Code[, if the victim of the offense was under 18 years of age at the
527	527	time the offense was committed]; or
528	528	(B) an offense under the laws of another state or
529	529	federal law that is equivalent to an offense under Paragraph (A)
530	530	[(3) conviction or deferred adjudication community
531	531	supervision granted on the basis of an offense under Section 43.24,
532	532	Penal Code].
533	533	SECTION 2.02. Subtitle D, Title 2, Education Code, is
534	534	amended by adding Chapter 22A, and a heading is added to that
535	535	chapter to read as follows:
536	536	CHAPTER 22A. EMPLOYEE AND SERVICE PROVIDER MISCONDUCT
537	537	SECTION 2.03. Chapter 22A, Education Code, as added by this
538	538	Act, is amended by adding Subchapter A, and a heading is added to
539	539	that subchapter to read as follows:
540	540	SUBCHAPTER A. GENERAL PROVISIONS
541	541	SECTION 2.04. Section 21.006(a), Education Code, is
542	542	transferred to Subchapter A, Chapter 22A, Education Code, as added
543	543	by this Act, redesignated as Section 22A.001, Education Code, and
544	544	amended to read as follows:
545	545	Sec. 22A.001. DEFINITIONS. [(a)] In this chapter
546	546	[section]:
547	547	(1) "Abuse" has the meaning assigned by Section
548	548	261.001, Family Code, and includes any sexual conduct involving [an
549	549	educator and] a student or minor.
550	550	(2) "Board" means the State Board for Educator
551	551	Certification.
552	552	(3) "Educational entity" means a school district,
553	553	district of innovation, open-enrollment charter school, other
554	554	charter entity, regional education service center, or shared
555	555	services arrangement.
556	556	(4) "Other charter entity" means:
557	557	(A) a school district operating under a home-rule
558	558	school district charter adopted under Subchapter B, Chapter 12;
559	559	(B) a campus or campus program operating under a
560	560	charter granted under Subchapter C, Chapter 12; and
561	561	(C) an entity that contracts to partner with a
562	562	school district under Section 11.174(a)(2) to operate a district
563	563	campus under a charter granted to the entity by the district under
564	564	Subchapter C, Chapter 12.
565	565	(5) "Registry" means the registry of persons who are
566	566	not eligible to be employed by or act as a service provider for an
567	567	educational entity maintained under Section 22A.151.
568	568	(6) "Service provider" means a person who provides
569	569	services to an educational entity. The term includes:
570	570	(A) a contractor or subcontractor for an
571	571	educational entity;
572	572	(B) a provider of tutoring services for an
573	573	educational entity;
574	574	(C) an entity that has entered into a contract to
575	575	operate a school district campus under Section 11.174;
576	576	(D) a staffing provider for an educational
577	577	entity; and
578	578	(E) a person employed by or under the control of a
579	579	person described by Paragraph (A), (B), (C), or (D).
580	580	SECTION 2.05. Subchapter A, Chapter 22A, Education Code, as
581	581	added by this Act, is amended by adding Section 22A.002 to read as
582	582	follows:
583	583	Sec. 22A.002. CONFIDENTIALITY. (a) Unless disclosure is
584	584	required by other law and except as provided by Subsection (b), a
585	585	complaint, statement, recording, note, file, record, memorandum,
586	586	or report that is received, obtained, or created by the board or
587	587	agency relating to the review or investigation of an allegation of
588	588	misconduct involving a person who is an applicant for or holder of a
589	589	certification or permit issued by the board or for which a person is
590	590	required to be included in the registry is confidential and not
591	591	subject to disclosure under Chapter 552, Government Code.
592	592	(b) Subsection (a) does not prohibit the disclosure of
593	593	information described by Subsection (a) for purposes of:
594	594	(1) a report required under Subchapter B, Chapter 21,
595	595	Subchapter C-1, Chapter 22, or this chapter; or
596	596	(2) an administrative or other legal proceeding
597	597	brought under Chapter 2001, Government Code.
598	598	SECTION 2.06. Chapter 22A, Education Code, as added by this
599	599	Act, is amended by adding Subchapter B, and a heading is added to
600	600	that subchapter to read as follows:
601	601	SUBCHAPTER B. REQUIRED MISCONDUCT REPORTING
602	602	SECTION 2.07. Sections 21.006(b), (b-1), (b-2), (c), (c-1),
603	603	(c-2), (d), (e), (f), (g), (g-1), (h), (i), (j), and (k), Education
604	604	Code, are transferred to Subchapter B, Chapter 22A, Education Code,
605	605	as added by this Act, redesignated as Section 22A.051, Education
606	606	Code, and amended to read as follows:
607	607	Sec. 22A.051. REQUIREMENT TO REPORT EDUCATOR MISCONDUCT TO
608	608	BOARD. (a) [(b)] In addition to the reporting requirement under
609	609	Section 261.101, Family Code, and except as provided by Subsection
610	610	(f) [(c-2)], the superintendent or director of an educational
611	611	entity [a school district, district of innovation, open-enrollment
612	612	charter school, other charter entity, regional education service
613	613	center, or shared services arrangement] shall notify the board
614	614	[State Board for Educator Certification] if:
615	615	(1) an educator employed by or seeking employment by
616	616	the entity [school district, district of innovation, charter
617	617	school, other charter entity, service center, or shared services
618	618	arrangement] has a criminal record and the entity [school district,
619	619	district of innovation, charter school, other charter entity,
620	620	service center, or shared services arrangement] obtained
621	621	information about the educator's criminal record by a means other
622	622	than the criminal history clearinghouse established under Section
623	623	411.0845, Government Code;
624	624	(2) an educator's employment at the entity [school
625	625	district, district of innovation, charter school, other charter
626	626	entity, service center, or shared services arrangement] was
627	627	terminated and there is evidence that the educator:
628	628	(A) abused or otherwise committed an unlawful act
629	629	with a student or minor, including by engaging in conduct that
630	630	involves physical mistreatment or constitutes a threat of violence
631	631	to a student or minor and that is not justified under Chapter 9,
632	632	Penal Code, regardless of whether the conduct resulted in bodily
633	633	injury;
634	634	(B) [(A-1)] was involved in a romantic
635	635	relationship with or solicited or engaged in sexual contact with a
636	636	student or minor;
637	637	(C) engaged in inappropriate communications with
638	638	a student or minor;
639	639	(D) failed to maintain appropriate boundaries
640	640	with a student or minor;
641	641	(E) [(B)] possessed, transferred, sold, or
642	642	distributed a controlled substance, as defined by Chapter 481,
643	643	Health and Safety Code, or by 21 U.S.C. Section 801 et seq.;
644	644	(F) [(C)] illegally transferred, appropriated,
645	645	or expended funds or other property of the entity [school district,
646	646	district of innovation, charter school, other charter entity,
647	647	service center, or shared services arrangement];
648	648	(G) [(D)] attempted by fraudulent or
649	649	unauthorized means to obtain or alter a professional certificate or
650	650	license for the purpose of promotion or additional compensation; or
651	651	(H) [(E)] committed a criminal offense or any
652	652	part of a criminal offense on school property or at a
653	653	school-sponsored event;
654	654	(3) the educator resigned and there is evidence that
655	655	the educator engaged in misconduct described by Subdivision (2);
656	656	(4) the superintendent or director becomes aware of
657	657	evidence that an educator employed by the entity engaged in
658	658	misconduct described by Subdivision (2)(A), (B), (C), or (D); or
659	659	(5) [(4)] the educator engaged in conduct that
660	660	violated the assessment instrument security procedures established
661	661	under Section 39.0301.
662	662	(b) [(b-1)] A superintendent or director of an educational
663	663	entity [a school district, district of innovation, open-enrollment
664	664	charter school, other charter entity, regional education service
665	665	center, or shared services arrangement] shall complete an
666	666	investigation of an educator that involves evidence that the
667	667	educator may have engaged in misconduct described by Subsection
668	668	(a)(2)(A), (B), (C), or (D) [(b)(2)(A) or (A-1)], despite the
669	669	educator's resignation from employment before completion of the
670	670	investigation.
671	671	(c) [(b-2)] The principal of a school district, district of
672	672	innovation, open-enrollment charter school, or other charter
673	673	entity campus must notify the superintendent or director of the
674	674	[school] district, [district of innovation, charter] school, or
675	675	[other charter] entity:
676	676	(1) except as provided by Subdivision (2), not later
677	677	than the seventh business day after the date:
678	678	(A) [(1)] of an educator's termination of
679	679	employment or resignation following an alleged incident of
680	680	misconduct described by Subsection (a) [(b)]; or
681	681	(B) [(2)] the principal knew about an educator's
682	682	criminal record under Subsection (a)(1); or
683	683	(2) not later than 48 hours after the principal
684	684	becomes aware of evidence of misconduct described by Subsection
685	685	(a)(2)(A), (B), (C), or (D) [(b)(1)].
686	686	(d) [(c)] Except as provided by Subsection (f) [(c-2)], the
687	687	superintendent or director must notify the board [State Board for
688	688	Educator Certification] by filing a report with the board:
689	689	(1) except as provided by Subdivision (2), not later
690	690	than the seventh business day after the date the superintendent or
691	691	director:
692	692	(A) receives notice [a report] from a principal
693	693	under Subsection (c) [(b-2)]; or
694	694	(B) knew about an educator's termination of
695	695	employment or resignation following an alleged incident of
696	696	misconduct described by Subsection (a) [(b)] or an educator's
697	697	[employee's] criminal record under Subsection (a)(1); or
698	698	(2) not later than 48 hours after the superintendent
699	699	or director:
700	700	(A) receives notice from a principal under
701	701	Subsection (c); or
702	702	(B) became aware of evidence of misconduct
703	703	described by Subsection (a)(2)(A), (B), (C), or (D) [(b)(1)].
704	704	(e) [(c-1)] The report under Subsection (d) must be [(c)]:
705	705	(1) [must be:
706	706	[(A)] in writing;
707	707	(2) [and
708	708	[(B)] in a form prescribed by the board; and
709	709	(3) [(2) may be] filed through the Internet portal
710	710	developed and maintained by the agency under Section 22A.155 [State
711	711	Board for Educator Certification under Subsection (g-1)].
712	712	(f) [(c-2)] A superintendent or director of an educational
713	713	entity [a school district, district of innovation, open-enrollment
714	714	charter school, regional education service center, or shared
715	715	services arrangement] is not required to notify the board [State
716	716	Board for Educator Certification] or file a report with the board
717	717	under Subsection (a) [(b)] or (d) [(c)] if the superintendent or
718	718	director has reasonable cause to believe the educator who is
719	719	alleged to have engaged in the misconduct is deceased[:
720	720	[(1) completes an investigation into an educator's
721	721	alleged incident of misconduct described by Subsection (b)(2)(A) or
722	722	(A-1) before the educator's termination of employment or
723	723	resignation; and
724	724	[(2) determines the educator did not engage in the
725	725	alleged incident of misconduct described by Subsection (b)(2)(A) or
726	726	(A-1)].
727	727	(g) [(d)] The superintendent or director shall notify the
728	728	board of trustees or governing body of the educational entity
729	729	[school district, open-enrollment charter school, other charter
730	730	entity, regional education service center, or shared services
731	731	arrangement] and the educator of the filing of the report required
732	732	by Subsection (d) [(c)].
733	733	(h) [(e)] A superintendent, director, or principal of an
734	734	educational entity [a school district, district of innovation,
735	735	open-enrollment charter school, other charter entity, regional
736	736	education service center, or shared services arrangement] who in
737	737	good faith and while acting in an official capacity files a report
738	738	with the board [State Board for Educator Certification] under this
739	739	section or communicates with another superintendent, director, or
740	740	principal concerning an educator's criminal record or alleged
741	741	incident of misconduct is immune from civil or criminal liability
742	742	that might otherwise be incurred or imposed.
743	743	(i) [(f)] The board [State Board for Educator
744	744	Certification] shall determine whether to impose sanctions,
745	745	including an administrative penalty under Subsection (l) [(i)],
746	746	against a principal who fails to provide notification to a
747	747	superintendent or director in violation of Subsection (c) [(b-2)]
748	748	or against a superintendent or director who fails to file a report
749	749	in violation of Subsection (d) [(c)].
750	750	(j) [(g)] The board [State Board for Educator
751	751	Certification] shall propose rules as necessary to implement this
752	752	section.
753	753	(k) [(g-1) The State Board for Educator Certification
754	754	shall develop and maintain an Internet portal through which a
755	755	report required under Subsection (c) may be confidentially and
756	756	securely filed.
757	757	[(h)] The name of a student or minor who is the victim of
758	758	abuse or unlawful conduct by an educator must be included in a
759	759	report filed under this section, but the name of the student or
760	760	minor is not public information under Chapter 552, Government Code.
761	761	(l) [(i)] If an educator serving as a superintendent or
762	762	director is required to file a report under Subsection (d) [(c)] and
763	763	fails to file the report by the date required by that subsection, or
764	764	if an educator serving as a principal is required to notify a
765	765	superintendent or director about an educator's criminal record or
766	766	alleged incident of misconduct under Subsection (c) [(b-2)] and
767	767	fails to provide the notice by the date required by that subsection,
768	768	the board [State Board for Educator Certification] may impose on
769	769	the educator an administrative penalty of not less than $500 and not
770	770	more than $10,000. The board [State Board for Educator
771	771	Certification] may not renew the certification of an educator
772	772	against whom an administrative penalty is imposed under this
773	773	subsection until the penalty is paid.
774	774	(m) [(j)] A superintendent or director required to file a
775	775	report under Subsection (d) [(c)] commits an offense if the
776	776	superintendent or director fails to file the report by the date
777	777	required by that subsection with intent to conceal an educator's
778	778	criminal record or alleged incident of misconduct described by
779	779	Subsection (a)(2)(A), (B), (E), (F), (G), or (H). A principal
780	780	required to notify a superintendent or director about an educator's
781	781	criminal record or alleged incident of misconduct under Subsection
782	782	(c) [(b-2)] commits an offense if the principal fails to provide the
783	783	notice by the date required by that subsection with intent to
784	784	conceal an educator's criminal record or alleged incident of
785	785	misconduct described by Subsection (a)(2)(A), (B), (E), (F), (G),
786	786	or (H). An offense under this subsection is a state jail felony.
787	787	(n) [(k)] The commissioner may review the records of an
788	788	educational entity [a school district, district of innovation,
789	789	open-enrollment charter school, other charter entity, regional
790	790	education service center, or shared services arrangement] to ensure
791	791	compliance with the requirement to report misconduct under this
792	792	section.
793	793	SECTION 2.08. Section 22.093, Education Code, is
794	794	transferred to Subchapter B, Chapter 22A, Education Code, as added
795	795	by this Act, redesignated as Section 22A.052, Education Code, and
796	796	amended to read as follows:
797	797	Sec. 22A.052 [22.093]. REQUIREMENT TO REPORT EMPLOYEE OR
798	798	SERVICE PROVIDER MISCONDUCT TO AGENCY. (a) [In this section,
799	799	"abuse" has the meaning assigned by Section 261.001, Family Code,
800	800	and includes any sexual conduct involving a student or minor.
801	801	[(b)] This section applies to:
802	802	(1) a person who is employed by an educational entity
803	803	[a school district, district of innovation, open-enrollment
804	804	charter school, other charter entity, regional education service
805	805	center, or shared services arrangement] and who does not hold a
806	806	certification or permit issued under Subchapter B, Chapter 21; or
807	807	(2) a service provider for an educational entity who
808	808	has or will have direct contact with students.
809	809	(b) [(c)] In addition to the reporting requirement under
810	810	Section 261.101, Family Code, the superintendent or director of an
811	811	educational entity [a school district, district of innovation,
812	812	open-enrollment charter school, other charter entity, regional
813	813	education service center, or shared services arrangement] shall
814	814	notify the commissioner if the superintendent or director:
815	815	(1) becomes aware of [an employee's employment at the
816	816	school district, district of innovation, charter school, other
817	817	charter entity, service center, or shared services arrangement was
818	818	terminated and there is] evidence that a person described by
819	819	Subsection (a) engaged in misconduct described by Section
820	820	22A.051(a)(2)(A), (B), (C), or (D) [the employee:
821	821	[(A) abused or otherwise committed an unlawful
822	822	act with a student or minor; or
823	823	[(B) was involved in a romantic relationship with
824	824	or solicited or engaged in sexual contact with a student or minor];
825	825	or
826	826	(2) obtained criminal history record information
827	827	relating to misconduct described by Subdivision (1) for a person
828	828	described by Subsection (a) [the employee resigned and there is
829	829	evidence that the employee engaged in misconduct described by
830	830	Subdivision (1)].
831	831	(c) [(d)] A superintendent or director of an educational
832	832	entity [a school district, district of innovation, open-enrollment
833	833	charter school, other charter entity, regional education service
834	834	center, or shared services arrangement] shall complete an
835	835	investigation of a person described by Subsection (a) [an employee]
836	836	that involves evidence that the person [employee] may have engaged
837	837	in misconduct described by Subsection (b)(1) [(c)(1)(A) or (B)],
838	838	despite the person's termination of or [employee's] resignation
839	839	from employment or cessation of services for the entity before
840	840	completion of the investigation.
841	841	(d) [(e)] The principal of a school district, district of
842	842	innovation, open-enrollment charter school, or other charter
843	843	entity campus must notify the superintendent or director of the
844	844	[school] district, [district of innovation, charter] school, or
845	845	[other charter] entity not later than 48 hours [the seventh
846	846	business day] after the principal becomes aware of evidence of
847	847	[date of an employee's termination of employment or resignation
848	848	following] an alleged incident of misconduct described by
849	849	Subsection (b)(1) [(c)(1)(A) or (B)].
850	850	(e) [(f)] The superintendent or director of an educational
851	851	entity must notify the commissioner by filing a report with the
852	852	commissioner not later than 48 hours [the seventh business day]
853	853	after the [date the] superintendent or director:
854	854	(1) receives notice [a report] from a principal under
855	855	Subsection (d);
856	856	(2) [(e) or] knew about the [an employee's]
857	857	termination of [employment] or resignation from employment or
858	858	cessation of services of a person described by Subsection (a) for
859	859	the entity following an alleged incident of misconduct described by
860	860	Subsection (b)(1); or
861	861	(3) became aware of evidence of misconduct described
862	862	by Subsection (b)(1) [(c)(1)(A) or (B)].
863	863	(f) The report under Subsection (e) must be:
864	864	(1) in writing; [and]
865	865	(2) in a form prescribed by the commissioner; and
866	866	(3) filed through the Internet portal developed and
867	867	maintained by the agency under Section 22A.155.
868	868	(g) A superintendent or director of an educational entity is
869	869	not required to notify the agency or file a report with the agency
870	870	under Subsection (b) or (e) if the superintendent or director has
871	871	reasonable cause to believe that the person who is alleged to have
872	872	engaged in misconduct is deceased.
873	873	(h) The superintendent or director shall notify the board of
874	874	trustees or governing body of the educational entity [school
875	875	district, district of innovation, open-enrollment charter school,
876	876	other charter entity, regional education service center, or shared
877	877	services arrangement] and the person [employee] of the filing of
878	878	the report required by Subsection (e) [(f)].
879	879	(i) [(h)] A superintendent or director who in good faith and
880	880	while acting in an official capacity files a report with the
881	881	commissioner under Subsection (e) [(f)] or a principal who in good
882	882	faith and while acting in an official capacity notifies a
883	883	superintendent or director under Subsection (d) [(e)] is immune
884	884	from civil or criminal liability that might otherwise be incurred
885	885	or imposed.
886	886	(j) [(i)] The commissioner shall refer an educator who
887	887	fails to file a report in violation of Subsection (e) [(f)] to the
888	888	State Board for Educator Certification, and the board shall
889	889	determine whether to impose sanctions against the educator.
890	890	(k) [(j)] The name of a student or minor who is the victim of
891	891	abuse or unlawful conduct by an employee must be included in a
892	892	report filed under this section, but the name of the student or
893	893	minor is not public information under Chapter 552, Government Code.
894	894	(l) [(k)] A superintendent or director required to file a
895	895	report under Subsection (e) [(f)] commits an offense if the
896	896	superintendent or director fails to file the report by the date
897	897	required by that subsection with intent to conceal a person's [an
898	898	employee's] criminal record or alleged incident of misconduct
899	899	described by Section 22A.051(a)(2)(A) or (B). A principal
900	900	required to notify a superintendent or director about a person's
901	901	[an employee's] alleged incident of misconduct under Subsection (d)
902	902	[(e)] commits an offense if the principal fails to provide the
903	903	notice by the date required by that subsection with intent to
904	904	conceal a person's [an employee's] alleged incident of misconduct
905	905	described by Section 22A.051(a)(2)(A) or (B). An offense under
906	906	this subsection is a state jail felony.
907	907	(m) [(l)] The commissioner may review the records of an
908	908	educational entity [a school district, district of innovation,
909	909	open-enrollment charter school, other charter entity, regional
910	910	education service center, or shared services arrangement] to ensure
911	911	compliance with the requirement to report misconduct under this
912	912	section.
913	913	(n) [(m)] The commissioner shall adopt rules as necessary
914	914	to implement this section.
915	915	SECTION 2.09. Section 21.0061, Education Code, is
916	916	transferred to Subchapter B, Chapter 22A, Education Code, as added
917	917	by this Act, redesignated as Section 22A.053, Education Code, and
918	918	amended to read as follows:
919	919	Sec. 22A.053 [21.0061]. NOTICE TO PARENT OR GUARDIAN ABOUT
920	920	[EDUCATOR] MISCONDUCT. (a) The board of trustees or governing body
921	921	of an educational entity [a school district, district of
922	922	innovation, open-enrollment charter school, other charter entity,
923	923	regional education service center, or shared services arrangement]
924	924	shall adopt a policy under which notice is provided to the parent or
925	925	guardian of a student with whom a person employed by or acting as a
926	926	service provider for the entity [an educator] is alleged to have
927	927	engaged in misconduct described by Section 22A.051(a)(2)(A), (B),
928	928	(C), or (D) [Section 21.006(b)(2)(A) or (A-1)] informing the parent
929	929	or guardian:
930	930	(1) that the alleged misconduct occurred;
931	931	(2) whether the person [educator] was terminated
932	932	following an investigation of the alleged misconduct or resigned
933	933	before completion of the investigation; and
934	934	(3) whether a report was submitted to the agency or
935	935	board [State Board for Educator Certification] concerning the
936	936	alleged misconduct.
937	937	(b) The policy required by this section must require that
938	938	information specified by Subsection (a)(1) be provided as soon as
939	939	feasible after the educational [employing] entity becomes aware
940	940	that alleged misconduct may have occurred.
941	941	[(c) In this section, "other charter entity" has the meaning
942	942	assigned by Section 21.006.]
943	943	SECTION 2.10. Sections 21.007 and 21.009, Education Code,
944	944	are transferred to Subchapter B, Chapter 22A, Education Code, as
945	945	added by this Act, redesignated as Sections 22A.054 and 22A.055,
946	946	Education Code, and amended to read as follows:
947	947	Sec. 22A.054 [21.007]. NOTICE ON CERTIFICATION RECORD OF
948	948	ALLEGED MISCONDUCT; INCLUSION IN REGISTRY. (a) [In this section,
949	949	"board" means the State Board for Educator Certification.
950	950	[(b)] The board shall adopt a procedure for placing a notice
951	951	of alleged misconduct on an educator's public certification
952	952	records. The procedure adopted by the board must provide for
953	953	immediate placement of a notice of alleged misconduct on an
954	954	educator's public certification records if the alleged misconduct
955	955	presents a risk to the health, safety, or welfare of a student or
956	956	minor as determined by the board.
957	957	(b) [(c)] The board must notify:
958	958	(1) an educator in writing when placing a notice of an
959	959	alleged incident of misconduct on the public certification records
960	960	of the educator; and
961	961	(2) the agency for purposes of placing the educator on
962	962	the registry in accordance with Subsection (c).
963	963	(c) On receiving a notification under Subsection (b), the
964	964	agency shall immediately place the educator on the registry and
965	965	include information indicating that the educator is under
966	966	investigation for alleged misconduct.
967	967	(d) The board must provide an opportunity for an educator to
968	968	show cause why the notice should not be placed on the educator's
969	969	public certification records. The board shall propose rules
970	970	establishing the length of time that a notice may remain on the
971	971	educator's public certification records before the board must:
972	972	(1) initiate a proceeding to impose a sanction on the
973	973	educator on the basis of the alleged misconduct; or
974	974	(2) remove the notice from the educator's public
975	975	certification records.
976	976	(e) If it is determined that the educator has not engaged in
977	977	the alleged incident of misconduct, the board shall immediately
978	978	remove:
979	979	(1) the notice from the educator's public
980	980	certification records; and
981	981	(2) notify the agency to remove the educator from the
982	982	registry.
983	983	(f) The board shall propose rules necessary to administer
984	984	this section.
985	985	Sec. 22A.055 [21.009]. PRE-EMPLOYMENT OR PRE-SERVICE
986	986	AFFIDAVIT. (a) A person applying [An applicant] for employment
987	987	with or who will act as a service provider for an educational entity
988	988	[a position described by Section 21.003(a) or (b) with a school
989	989	district, district of innovation, open-enrollment charter school,
990	990	private school, regional education service center, or shared
991	991	services arrangement] must submit, using a form adopted by the
992	992	agency, consent for release of the person's employment records and
993	993	a pre-employment or pre-service affidavit disclosing whether the
994	994	person [applicant] has ever been:
995	995	(1) investigated by a law enforcement or child
996	996	protective services agency for, or charged with, adjudicated for,
997	997	or convicted of an offense involving, conduct described by Section
998	998	22A.051(a)(2)(A), (B), (C), or (D);
999	999	(2) investigated by a licensing authority or had a
1000	1000	license, certificate, or permit denied, suspended, revoked, or
1001	1001	subject to another sanction in this state or another state for
1002	1002	conduct described by Section 22A.051(a)(2)(A), (B), (C), or (D);
1003	1003	(3) included in the registry;
1004	1004	(4) employed or is currently employed by or has acted
1005	1005	or is currently acting as a service provider for a public or private
1006	1006	school; and
1007	1007	(5) terminated or discharged or has resigned, in lieu
1008	1008	of being terminated or discharged, from a public or private school
1009	1009	[having an inappropriate relationship with a minor].
1010	1010	(b) A person [An applicant] who answers affirmatively
1011	1011	concerning an action listed under Subsection (a) [inappropriate
1012	1012	relationship with a minor] must disclose in the affidavit all
1013	1013	relevant facts known to the person pertaining to the matter
1014	1014	[charge, adjudication, or conviction], including, if applicable to
1015	1015	the action [for a charge], whether the allegation [charge] was
1016	1016	determined to be true or false.
1017	1017	(c) A person or service provider [An applicant] is not
1018	1018	precluded from being employed by or providing services to an
1019	1019	educational entity based on a disclosed allegation [charge] if the
1020	1020	[employing] entity determines based on the information disclosed in
1021	1021	the affidavit that the allegation [charge] was false.
1022	1022	(d) A determination that an employee or person providing
1023	1023	services failed to disclose information required to be disclosed by
1024	1024	a person [an applicant] under this section is grounds for
1025	1025	termination of employment or service.
1026	1026	(e) An educational entity shall discharge or refuse to hire
1027	1027	or allow to act as a service provider for the entity a person
1028	1028	against whom a determination has been made under Subsection (d).
1029	1029	(f) The board [State Board for Educator Certification] may
1030	1030	revoke the certificate of an administrator if the board determines
1031	1031	it is reasonable to believe that the administrator employed a
1032	1032	person or accepted services from a service provider [an applicant
1033	1033	for a position described by Section 21.003(a) or (b)] despite being
1034	1034	aware that the person knowingly failed to disclose information
1035	1035	required to be disclosed under Subsection (a) [applicant had been
1036	1036	adjudicated for or convicted of having an inappropriate
1037	1037	relationship with a minor].
1038	1038	(g) A person commits an offense if the person fails to
1039	1039	disclose information required to be disclosed under Subsection (a).
1040	1040	An offense under this subsection is a Class B misdemeanor.
1041	1041	SECTION 2.11. Chapter 22A, Education Code, as added by this
1042	1042	Act, is amended by adding Subchapter C, and a heading is added to
1043	1043	that subchapter to read as follows:
1044	1044	SUBCHAPTER C. INVESTIGATION OF MISCONDUCT
1045	1045	SECTION 2.12. Section 22.094, Education Code, is
1046	1046	transferred to Subchapter C, Chapter 22A, Education Code, as added
1047	1047	by this Act, redesignated as Section 22A.101, Education Code, and
1048	1048	amended to read as follows:
1049	1049	Sec. 22A.101 [22.094]. NOTICE OF ALLEGED MISCONDUCT;
1050	1050	INVESTIGATION; HEARING. (a) This section applies to a [A] person
1051	1051	described by Section 22A.052(a) [22.093(b) and] who is:
1052	1052	(1) the subject of a report that alleges misconduct
1053	1053	described by Section 22A.051(a)(2);
1054	1054	(2) [22.093(c)(1)(A) or (B) or who is] identified as
1055	1055	having engaged in [that] misconduct described by Subdivision (1)
1056	1056	using the interagency reportable conduct search engine established
1057	1057	under Chapter 810, Health and Safety Code; or
1058	1058	(3) the subject of a complaint alleging misconduct
1059	1059	described by Subdivision (1) filed with the agency.
1060	1060	(b) A person to whom this section applies [,] is entitled to
1061	1061	a hearing on the merits of the allegations of misconduct under the
1062	1062	procedures provided by Chapter 2001, Government Code, to contest
1063	1063	the allegation in the report, [or] search engine, or complaint.
1064	1064	(c) [(b)] On receiving a report filed under Section
1065	1065	22A.052(e) or a complaint alleging misconduct described by
1066	1066	Subsection (a)(1) [22.093(f)] or making an identification
1067	1067	described by Subsection (a), the commissioner shall promptly send
1068	1068	to the person who is the subject of the report or identification a
1069	1069	notice that includes:
1070	1070	(1) a statement informing the person that the person
1071	1071	must request a hearing on the merits of the allegations of
1072	1072	misconduct within the period provided by Subsection (d) [(c)];
1073	1073	(2) a request that the person submit a written
1074	1074	response within the period provided by Subsection (d) [(c)] to show
1075	1075	cause why the commissioner should not pursue an investigation; and
1076	1076	(3) a statement informing the person that if the
1077	1077	person does not timely submit a written response to show cause as
1078	1078	provided by Subdivision (2), the agency shall provide information
1079	1079	indicating the person is under investigation in the manner provided
1080	1080	by Subsection (e) [(d)].
1081	1081	(d) [(c)] A person entitled to a hearing under Subsection
1082	1082	(b) [(a)] must request a hearing and submit a written response to
1083	1083	show cause not later than the 10th day after the date the person
1084	1084	receives the notice from the commissioner provided under Subsection
1085	1085	(c) [(b)].
1086	1086	(e) [(d)] If a person who receives notice provided under
1087	1087	Subsection (c) [(b)] does not timely submit a written response to
1088	1088	show cause why the commissioner should not pursue an investigation,
1089	1089	the commissioner shall instruct the agency to make available
1090	1090	through the Internet portal developed and maintained by the agency
1091	1091	under Section 22A.155 [22.095] information indicating that the
1092	1092	person is under investigation for alleged misconduct.
1093	1093	(f) [(e)] If a person entitled to a hearing under Subsection
1094	1094	(b) [(a)] does not request a hearing as provided by Subsection (d)
1095	1095	[(c)], the commissioner shall:
1096	1096	(1) based on the report filed under Section 22A.052(e)
1097	1097	[22.093(f)], the complaint alleging misconduct, or the
1098	1098	identification described by Subsection (a), make a determination
1099	1099	whether the person engaged in misconduct; and
1100	1100	(2) if the commissioner determines that the person
1101	1101	engaged in misconduct described by Section 22A.051(a)(2)(A), (B),
1102	1102	(C), or (D) [22.093(c)(1)(A) or (B)], instruct the agency to add the
1103	1103	person's name to the registry [maintained under Section 22.092].
1104	1104	(g) [(f)] If a person entitled to a hearing under Subsection
1105	1105	(b) [(a)] requests a hearing as provided by Subsection (d) [(c)] and
1106	1106	the final decision in that hearing determines that the person
1107	1107	engaged in misconduct described by Section 22A.051(a)(2)(A), (B),
1108	1108	(C), or (D) [22.093(c)(1)(A) or (B)], the commissioner shall
1109	1109	instruct the agency to add the person's name to the registry
1110	1110	[maintained under Section 22.092].
1111	1111	(h) [(g)] If a person entitled to a hearing under Subsection
1112	1112	(b) [(a)] requests a hearing as provided by Subsection (d) [(c)] and
1113	1113	the final decision in that hearing determines that the person did
1114	1114	not engage in misconduct described by Section 22A.051(a)(2)(A),
1115	1115	(B), (C), or (D) [22.093(c)(1)(A) or (B)], the commissioner shall
1116	1116	instruct the agency to immediately remove from the Internet portal
1117	1117	developed and maintained by the agency under Section 22A.155
1118	1118	[22.095] the information indicating that the person is under
1119	1119	investigation for alleged misconduct.
1120	1120	(i) [(h)] The commissioner shall adopt rules as necessary
1121	1121	to implement this section. In adopting rules, the commissioner
1122	1122	shall follow any guidelines adopted by the board regarding
1123	1123	sanctions for misconduct described by Section 22A.051(a)(2)(A),
1124	1124	(C), or (D).
1125	1125	SECTION 2.13. Subchapter C, Chapter 22A, Education Code, as
1126	1126	added by this Act, is amended by adding Section 22A.102 to read as
1127	1127	follows:
1128	1128	Sec. 22A.102. PRELIMINARY DETERMINATION. To the extent
1129	1129	feasible, not later than the 30th day after receipt of a report
1130	1130	under Section 22A.051(d) or 22A.052(e), the board or agency, as
1131	1131	applicable, shall, based on a preliminary review of the report,
1132	1132	make a determination regarding whether the person who is the
1133	1133	subject of the report engaged in the alleged misconduct.
1134	1134	SECTION 2.14. Section 21.062, Education Code, is
1135	1135	transferred to Subchapter C, Chapter 22A, Education Code, as added
1136	1136	by this Act, redesignated as Section 22A.103, Education Code, and
1137	1137	amended to read as follows:
1138	1138	Sec. 22A.103 [21.062]. ISSUANCE OF SUBPOENAS. (a) During
1139	1139	an investigation by the commissioner of an educator or person who is
1140	1140	employed by or providing services to an educational entity for an
1141	1141	alleged incident of misconduct, the commissioner may issue a
1142	1142	subpoena to compel:
1143	1143	(1) the attendance of a relevant witness; or
1144	1144	(2) the production[, for inspection or copying,] of
1145	1145	relevant evidence that is located in this state.
1146	1146	(a-1) A response to a subpoena described by Subsection
1147	1147	(a)(2) must be submitted through the Internet portal developed and
1148	1148	maintained by the agency under Section 22A.155 unless the
1149	1149	commissioner authorizes a different method of submission.
1150	1150	(b) A subpoena may be served personally, electronically, or
1151	1151	by certified mail.
1152	1152	(c) If a person fails to comply with a subpoena, the
1153	1153	commissioner, acting through the attorney general, may file suit to
1154	1154	enforce the subpoena in a district court in this state. On finding
1155	1155	that good cause exists for issuing the subpoena, the court shall
1156	1156	order the person to comply with the subpoena. The court may punish
1157	1157	a person who fails to obey the court order.
1158	1158	(d) All information and materials subpoenaed or compiled in
1159	1159	connection with an investigation described by Subsection (a) are
1160	1160	confidential and not subject to disclosure under Chapter 552,
1161	1161	Government Code.
1162	1162	(e) Except as provided by a protective order, and
1163	1163	notwithstanding Subsection (d), all information and materials
1164	1164	subpoenaed or compiled in connection with an investigation
1165	1165	described by Subsection (a) may be used in a disciplinary
1166	1166	proceeding against a person [an educator] based on an alleged
1167	1167	incident of misconduct.
1168	1168	SECTION 2.15. Subchapter C, Chapter 22A, Education Code, as
1169	1169	added by this Act, is amended by adding Section 22A.104 to read as
1170	1170	follows:
1171	1171	Sec. 22A.104. RESTRICTION ON SURRENDER OF CERTIFICATE OR
1172	1172	PERMIT PENDING INVESTIGATION. If a person issued a certificate or
1173	1173	permit under Subchapter B, Chapter 21, attempts to surrender the
1174	1174	certificate or permit while the board is investigating an
1175	1175	allegation that the person engaged in misconduct described by
1176	1176	Section 22A.051(a)(2)(A), (B), (C), or (D), the board may not
1177	1177	accept the surrender unless the person agrees to be included in the
1178	1178	registry.
1179	1179	SECTION 2.16. Chapter 22A, Education Code, as added by this
1180	1180	Act, is amended by adding Subchapter D, and a heading is added to
1181	1181	that subchapter to read as follows:
1182	1182	SUBCHAPTER D. PERSONS NOT ELIGIBLE FOR EMPLOYMENT OR PROVISION OF
1183	1183	SERVICES
1184	1184	SECTION 2.17. Section 22.092, Education Code, is
1185	1185	transferred to Subchapter D, Chapter 22A, Education Code, as added
1186	1186	by this Act, redesignated as Section 22A.151, Education Code, and
1187	1187	amended to read as follows:
1188	1188	Sec. 22A.151 [22.092]. REGISTRY OF PERSONS NOT ELIGIBLE
1189	1189	FOR EMPLOYMENT IN OR PROVISION OF SERVICES TO EDUCATIONAL ENTITIES
1190	1190	[PUBLIC SCHOOLS]. (a) The agency shall maintain and make available
1191	1191	through the Internet portal developed and maintained by the agency
1192	1192	under Section 22A.155 [22.095] a registry of persons who are not
1193	1193	eligible to be employed by or act as a service provider for an
1194	1194	educational entity [a school district, district of innovation,
1195	1195	open-enrollment charter school, other charter entity, regional
1196	1196	education service center, or shared services arrangement].
1197	1197	(b) An educational entity [A school district, district of
1198	1198	innovation, open-enrollment charter school, other charter entity,
1199	1199	regional education service center, or shared services arrangement]
1200	1200	shall discharge or refuse to hire, or terminate or refuse to accept
1201	1201	services from, a person listed on the registry [maintained under
1202	1202	this section].
1203	1203	(c) An educational entity may not allow a person who is
1204	1204	listed on the registry to:
1205	1205	(1) act as a service provider for the entity; or
1206	1206	(2) be present at an event sponsored by the entity.
1207	1207	(d) The registry [maintained under this section] must list
1208	1208	the following persons as not eligible to be employed by or act as a
1209	1209	service provider for an educational entity [public schools]:
1210	1210	(1) a person determined by the agency under Section
1211	1211	22.0832 as a person who would not be eligible for educator
1212	1212	certification under Subchapter B, Chapter 21;
1213	1213	(2) a person determined by the agency to be not
1214	1214	eligible for employment based on the person's criminal history
1215	1215	record information review, as provided by Section 22.0833;
1216	1216	(3) a person who is not eligible for employment based
1217	1217	on criminal history record information received by the agency under
1218	1218	Section 22A.201(b) [21.058(b)];
1219	1219	(4) a person whose certification or permit, or
1220	1220	application for a certification or permit, issued under Subchapter
1221	1221	B, Chapter 21, is denied or revoked by the board and who has not been
1222	1222	issued a certificate or permit under that subchapter subsequent to
1223	1223	that denial or revocation [State Board for Educator Certification
1224	1224	on a finding that the person engaged in misconduct described by
1225	1225	Section 21.006(b)(2)(A) or (A-1)]; [and]
1226	1226	(5) a person whose certification or permit issued
1227	1227	under Subchapter B, Chapter 21, is suspended by the board for a
1228	1228	reason other than under Section 21.105(c), 21.160(c), or 21.210(c)
1229	1229	for the period of the suspension;
1230	1230	(6) a person who is determined by the commissioner
1231	1231	under Section 22A.101 [22.094] to have engaged in misconduct
1232	1232	described by Section 22A.051(a)(2)(A), (B), (C), or (D);
1233	1233	(7) a person temporarily included in the registry
1234	1234	under Section 22A.152 or 22A.153 for the term of the placement;
1235	1235	(8) subject to Subsection (e), a person who is
1236	1236	determined by the State Board for Educator Certification to have
1237	1237	engaged in electioneering under Section 22B.003; and
1238	1238	(9) subject to Subsection (e), a person who is
1239	1239	determined by the commissioner under Section 22B.005 or by another
1240	1240	governmental body to have engaged in electioneering under Section
1241	1241	22B.003 [22.093(c)(1)(A) or (B)].
1242	1242	(e) The agency shall remove a person included in the
1243	1243	registry under Subsection (d)(8) or (9) not later than:
1244	1244	(1) the third anniversary of the date on which the
1245	1245	person was included in the registry under the applicable
1246	1246	subdivision if the person was the superintendent or director of an
1247	1247	educational entity at the time the person was included in the
1248	1248	registry; or
1249	1249	(2) the first anniversary of the date on which the
1250	1250	person was included in the registry under the applicable
1251	1251	subdivision if the person held a position other than a position
1252	1252	described by Subdivision (1) of this subsection at the time the
1253	1253	person was included in the registry.
1254	1254	(f) The registry must include information indicating
1255	1255	whether a person's listing in the registry expires. A prohibition
1256	1256	applicable to a person included in the registry no longer applies to
1257	1257	a person whose listing in the registry has expired and, if
1258	1258	applicable, whose certification or permit under Subchapter B,
1259	1259	Chapter 21, has been reinstated.
1260	1260	(g) [(d)] The agency shall provide equivalent access to the
1261	1261	registry [maintained under this section] to:
1262	1262	(1) private schools;
1263	1263	(2) educational entities [public schools]; [and]
1264	1264	(3) nonprofit teacher organizations approved by the
1265	1265	commissioner for the purpose of participating in the tutoring
1266	1266	program established under Section 33.913;
1267	1267	(4) entities that have entered into a contract to
1268	1268	operate a school district campus under Section 11.174; and
1269	1269	(5) service providers for an educational entity that
1270	1270	are authorized by the entity to access the registry.
1271	1271	(h) Each school year, the superintendent or director of an
1272	1272	educational entity shall certify to the commissioner that the
1273	1273	entity has complied with this section. If feasible, the
1274	1274	commissioner by rule shall consolidate the requirement under this
1275	1275	subsection with other reporting requirements applicable to the
1276	1276	entity.
1277	1277	(i) [(e)] The commissioner [agency] shall adopt rules as
1278	1278	necessary to implement this section.
1279	1279	SECTION 2.18. Subchapter D, Chapter 22A, Education Code, as
1280	1280	added by this Act, is amended by adding Sections 22A.152, 22A.153,
1281	1281	and 22A.154 to read as follows:
1282	1282	Sec. 22A.152. TEMPORARY INCLUSION IN REGISTRY BASED ON
1283	1283	CONTINUING AND IMMINENT THREAT TO PUBLIC WELFARE. (a) The
1284	1284	commissioner shall temporarily include a person in the registry if
1285	1285	the commissioner, based on evidence or information presented to the
1286	1286	commissioner regarding a complaint alleging misconduct by the
1287	1287	person, determines that the person's continued employment at or
1288	1288	provision of services to an educational entity constitutes a
1289	1289	continuing and imminent threat to the public welfare.
1290	1290	(b) A person may be temporarily included in the registry
1291	1291	without notice or hearing on the complaint alleging the person's
1292	1292	misconduct if:
1293	1293	(1) proceedings for a hearing before the State Office
1294	1294	of Administrative Hearings are initiated simultaneously with the
1295	1295	temporary inclusion; and
1296	1296	(2) a hearing is held as soon as possible under this
1297	1297	chapter and Chapter 2001, Government Code.
1298	1298	(c) The State Office of Administrative Hearings shall hold a
1299	1299	preliminary hearing not later than the 17th day after the date of
1300	1300	the temporary inclusion to determine whether probable cause exists
1301	1301	that the person's employment at or provision of services to an
1302	1302	educational entity constitutes a continuing and imminent threat to
1303	1303	the public welfare. The probable cause hearing shall be conducted
1304	1304	as a de novo hearing.
1305	1305	(d) The State Office of Administrative Hearings shall hold a
1306	1306	final hearing on the matter not later than the 61st day after the
1307	1307	date of the temporary inclusion.
1308	1308	(e) The commissioner by rule shall adopt procedures for the
1309	1309	temporary inclusion of a person in the registry under this section.
1310	1310	Sec. 22A.153. TEMPORARY INCLUSION IN REGISTRY FOR CERTAIN
1311	1311	ARRESTS. (a) The commissioner may temporarily include a person who
1312	1312	is employed by or acting as a service provider for an educational
1313	1313	entity in the registry if the educator is arrested for an offense
1314	1314	listed under Section 22A.201(a).
1315	1315	(b) Before temporarily including a person described by
1316	1316	Subsection (a) in the registry, the commissioner must verify that
1317	1317	the person arrested for an offense described by that subsection is
1318	1318	the same person who is employed by or acting as a service provider
1319	1319	for an educational entity.
1320	1320	(c) An inclusion in the registry under this section remains
1321	1321	in effect until the final disposition of the case.
1322	1322	(d) Sections 22A.152(b), (c), and (d) apply to a temporary
1323	1323	inclusion in the registry under this section.
1324	1324	(e) The commissioner shall adopt rules to implement this
1325	1325	section, including rules regarding evidence that serves as proof of
1326	1326	final disposition of a case.
1327	1327	Sec. 22A.154. REPORTING TO LAW ENFORCEMENT. (a) The agency
1328	1328	shall refer to an appropriate local law enforcement agency any
1329	1329	allegation of misconduct that results in the inclusion of a person
1330	1330	in the registry that has not already been referred to a local law
1331	1331	enforcement agency.
1332	1332	(b) The agency may refer any allegation of misconduct to an
1333	1333	appropriate local law enforcement agency if the agency believes the
1334	1334	allegation includes evidence of criminal conduct.
1335	1335	(c) The agency shall maintain a record of each allegation of
1336	1336	misconduct referred to a local law enforcement agency under this
1337	1337	section.
1338	1338	SECTION 2.19. Sections 22.095 and 22.096, Education Code,
1339	1339	are transferred to Subchapter D, Chapter 22A, Education Code, as
1340	1340	added by this Act, redesignated as Sections 22A.155 and 22A.156,
1341	1341	Education Code, and amended to read as follows:
1342	1342	Sec. 22A.155 [22.095]. INTERNET PORTAL. (a) The agency
1343	1343	shall develop and maintain an Internet portal through which:
1344	1344	(1) a report required under Section 22A.051(d),
1345	1345	22A.052(e), or 22A.301(d) [22.093(f)] may be confidentially and
1346	1346	securely filed; and
1347	1347	(2) the agency makes available:
1348	1348	(A) the registry of persons who are not eligible
1349	1349	to be employed by or act as service providers for educational
1350	1350	entities [in public schools] as described by Section 22A.151
1351	1351	[22.092]; and
1352	1352	(B) information indicating that a person is under
1353	1353	investigation for alleged misconduct in accordance with Section
1354	1354	22A.101(e) [22.094(d)], provided that the agency must provide the
1355	1355	information through a procedure other than the registry [described
1356	1356	under Paragraph (A)].
1357	1357	(b) The Internet portal must comply with any requirements
1358	1358	adopted by the board for filing reports under Sections 22A.051 and
1359	1359	22A.301.
1360	1360	Sec. 22A.156 [22.096]. COMPLIANCE MONITORING; AGENCY
1361	1361	INVESTIGATION AND REVIEW. (a) The agency shall periodically
1362	1362	[conduct site visits and] review the records of educational
1363	1363	entities [school districts, districts of innovation,
1364	1364	open-enrollment charter schools, other charter entities, regional
1365	1365	education service centers, and shared services arrangements] to
1366	1366	ensure compliance with Section 22A.151(b) [22.092(b)].
1367	1367	(b) The agency shall review the investigations conducted by
1368	1368	educational entities involving allegations of misconduct described
1369	1369	by Section 22A.051(a)(2)(A), (B), (C), or (D) to ensure that the
1370	1370	investigations are conducted using appropriate investigative
1371	1371	protocols, including when cooperating with a law enforcement agency
1372	1372	or the Department of Family and Protective Services in accordance
1373	1373	with the policy adopted under Section 38.004. If the agency
1374	1374	determines that an educational entity failed to follow appropriate
1375	1375	investigative protocols, the commissioner may authorize a special
1376	1376	investigation under Section 39.003.
1377	1377	(c) The agency may directly investigate allegations of
1378	1378	misconduct described by Section 22A.051(a)(2)(A), (B), (C), or (D),
1379	1379	regardless of whether a report or complaint was filed with the
1380	1380	agency.
1381	1381	SECTION 2.20. Section 22.085, Education Code, is
1382	1382	transferred to Subchapter D, Chapter 22A, Education Code, as added
1383	1383	by this Act, redesignated as Section 22A.157, Education Code, and
1384	1384	amended to read as follows:
1385	1385	Sec. 22A.157 [22.085]. EMPLOYEES AND APPLICANTS CONVICTED
1386	1386	OF OR PLACED ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR
1387	1387	CERTAIN OFFENSES. (a) An educational entity [A school district,
1388	1388	open-enrollment charter school, or shared services arrangement]
1389	1389	shall discharge or refuse to hire an employee or applicant for
1390	1390	employment if the entity [district, school, or shared services
1391	1391	arrangement] obtains information through a criminal history record
1392	1392	information review that the employee or applicant has been:
1393	1393	(1) convicted of or placed on deferred adjudication
1394	1394	community supervision for an offense described by Section
1395	1395	22A.201(a)(1) [for which a defendant is required to register as a
1396	1396	sex offender under Chapter 62, Code of Criminal Procedure]; or
1397	1397	(2) convicted of an [:
1398	1398	[(A) a felony] offense described by Section
1399	1399	22A.201(a)(2) [under Title 5, Penal Code, if the victim of the
1400	1400	offense was under 18 years of age at the time the offense was
1401	1401	committed; or
1402	1402	[(B) an offense under the laws of another state
1403	1403	or federal law that is equivalent to an offense under Subdivision
1404	1404	(1) or Paragraph (A)].
1405	1405	(b) Subsection (a) does not apply if the employee or
1406	1406	applicant for employment committed an offense under Title 5, Penal
1407	1407	Code and:
1408	1408	(1) the date of the offense is more than 30 years
1409	1409	before:
1410	1410	(A) the effective date of S.B. No. 9, Acts of the
1411	1411	80th Legislature, Regular Session, 2007, in the case of a person
1412	1412	employed by a school district, open-enrollment charter school, or
1413	1413	shared services arrangement as of that date; or
1414	1414	(B) the date the person's employment will begin,
1415	1415	in the case of a person applying for employment with a school
1416	1416	district, open-enrollment charter school, or shared services
1417	1417	arrangement after the effective date of S.B. No. 9, Acts of the 80th
1418	1418	Legislature, Regular Session, 2007; and
1419	1419	(2) the employee or applicant for employment satisfied
1420	1420	all terms of the court order entered on conviction.
1421	1421	(c) An educational entity [A school district,
1422	1422	open-enrollment charter school, or shared services arrangement]
1423	1423	may not allow a person who is an employee of or applicant for
1424	1424	employment by a qualified school contractor or an entity that
1425	1425	contracts with the entity [district, school, or shared services
1426	1426	arrangement] to serve [at the district or school or] for the entity
1427	1427	[shared services arrangement] if the entity [district, school, or
1428	1428	shared services arrangement] obtains information described by
1429	1429	Subsection (a) through a criminal history record information review
1430	1430	concerning the employee or applicant. An educational entity [A
1431	1431	school district, open-enrollment charter school, or shared
1432	1432	services arrangement] must ensure that an entity that the
1433	1433	educational entity [district, school, or shared services
1434	1434	arrangement] contracts with for services has obtained all criminal
1435	1435	history record information as required by Section 22.0834.
1436	1436	(d) An educational entity or [A school district,
1437	1437	open-enrollment charter school,] private school[, regional
1438	1438	education service center, or shared services arrangement] may
1439	1439	discharge an employee if the entity [district] or school obtains
1440	1440	information of the employee's conviction of a felony or of a
1441	1441	misdemeanor involving moral turpitude that the employee did not
1442	1442	disclose to the board [State Board for Educator Certification] or
1443	1443	the entity or [district,] school[, service center, or shared
1444	1444	services arrangement]. An employee discharged under this section
1445	1445	is considered to have been discharged for misconduct for purposes
1446	1446	of Section 207.044, Labor Code.
1447	1447	(e) The board [State Board for Educator Certification] may
1448	1448	impose a sanction on an educator who does not discharge an employee
1449	1449	or refuse to hire an applicant for employment if the educator knows
1450	1450	or should have known, through a criminal history record information
1451	1451	review, that the employee or applicant has been:
1452	1452	(1) convicted of or placed on deferred adjudication
1453	1453	community supervision for an offense described by Subsection
1454	1454	(a)(1); or
1455	1455	(2) convicted of an offense described by Subsection
1456	1456	(a)(2).
1457	1457	(f) Each school year, the superintendent of a school
1458	1458	district or chief operating officer of an open-enrollment charter
1459	1459	school shall certify to the commissioner that the district or
1460	1460	school has complied with this section.
1461	1461	SECTION 2.21. Chapter 22A, Education Code, as added by this
1462	1462	Act, is amended by adding Subchapter E, and a heading is added to
1463	1463	that subchapter to read as follows:
1464	1464	SUBCHAPTER E. DENIAL OR REVOCATION OF EDUCATOR CERTIFICATION FOR
1465	1465	MISCONDUCT
1466	1466	SECTION 2.22. Section 21.058, Education Code, is
1467	1467	transferred to Subchapter E, Chapter 22A, Education Code, as added
1468	1468	by this Act, redesignated as Section 22A.201, Education Code, and
1469	1469	amended to read as follows:
1470	1470	Sec. 22A.201 [21.058]. DENIAL OR REVOCATION OF CERTIFICATE
1471	1471	AND TERMINATION OF EMPLOYMENT BASED ON CONVICTION OF OR PLACEMENT
1472	1472	ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN
1473	1473	OFFENSES. (a) The procedures described by this section
1474	1474	[Subsections (b) and (c)] apply only to:
1475	1475	(1) conviction of or placement on deferred
1476	1476	adjudication community supervision for:
1477	1477	(A) an offense for which a defendant is required
1478	1478	to register as a sex offender under Chapter 62, Code of Criminal
1479	1479	Procedure;
1480	1480	(B) an offense under Section 21.12 or 43.24,
1481	1481	Penal Code;
1482	1482	(C) a felony offense under Chapter 43, Penal
1483	1483	Code;
1484	1484	(D) a felony offense involving school property;
1485	1485	or
1486	1486	(E) an offense under the laws of another state or
1487	1487	federal law that is equivalent to an offense under Paragraph (A),
1488	1488	(B), (C), or (D); or
1489	1489	(2) conviction of:
1490	1490	(A) a felony offense under Title 5, Penal Code[,
1491	1491	if the victim of the offense was under 18 years of age at the time
1492	1492	the offense was committed]; or
1493	1493	(B) an offense under the laws of another state or
1494	1494	federal law that is equivalent to an offense under Paragraph (A)
1495	1495	[(3) conviction of or placement on deferred
1496	1496	adjudication community supervision for an offense under Section
1497	1497	43.24, Penal Code].
1498	1498	(b) Notwithstanding Section 21.041(b)(7), not later than
1499	1499	the fifth day after the date the board receives notice under Article
1500	1500	42.018, Code of Criminal Procedure, of the conviction or placement
1501	1501	on deferred adjudication community supervision of a person who
1502	1502	holds a certificate under Subchapter B, Chapter 21 [this
1503	1503	subchapter], the board shall:
1504	1504	(1) revoke the certificate held by the person; and
1505	1505	(2) provide to the person, to the agency, and to any
1506	1506	school district or open-enrollment charter school employing the
1507	1507	person at the time of revocation written notice of:
1508	1508	(A) the revocation; and
1509	1509	(B) the basis for the revocation.
1510	1510	(c) A school district or open-enrollment charter school
1511	1511	that receives notice under Subsection (b) of the revocation of a
1512	1512	person's certificate issued under Subchapter B, Chapter 21, [this
1513	1513	subchapter] shall:
1514	1514	(1) immediately remove the person whose certificate
1515	1515	has been revoked from campus or from an administrative office, as
1516	1516	applicable, to prevent the person from having any contact with a
1517	1517	student; and
1518	1518	(2) for a [if the] person [is] employed under a
1519	1519	probationary, continuing, or term contract under Chapter 21 [this
1520	1520	chapter], with the approval of the board of trustees or governing
1521	1521	body or a designee of the board or governing body:
1522	1522	(A) suspend the person without pay;
1523	1523	(B) provide the person with written notice that
1524	1524	the person's contract is void as provided by Subsection (e)
1525	1525	[(c-2)]; and
1526	1526	(C) terminate the employment of the person as
1527	1527	soon as practicable.
1528	1528	(d) [(c-1)] If a school district or open-enrollment charter
1529	1529	school becomes aware that a person employed by the district or
1530	1530	school under a probationary, continuing, or term contract under
1531	1531	Chapter 21 [this chapter] has been convicted of or received
1532	1532	deferred adjudication for a felony offense, and the person is not
1533	1533	subject to Subsection (c), the district or school may, with the
1534	1534	approval of the board of trustees or governing body or a designee of
1535	1535	the board of trustees or governing body:
1536	1536	(1) suspend the person without pay;
1537	1537	(2) provide the person with written notice that the
1538	1538	person's contract is void as provided by Subsection (e) [(c-2)];
1539	1539	and
1540	1540	(3) terminate the employment of the person as soon as
1541	1541	practicable.
1542	1542	(e) [(c-2)] A person's probationary, continuing, or term
1543	1543	contract under Chapter 21 is void if, with the approval of the board
1544	1544	of trustees or governing body or a designee of the board or
1545	1545	governing body, the school district or open-enrollment charter
1546	1546	school takes action under Subsection (c)(2)(B) or (d)(2)
1547	1547	[(c-1)(2)].
1548	1548	(f) The board or a school district may not issue a
1549	1549	certificate or permit under Subchapter B, Chapter 21, to a person
1550	1550	who has been convicted of or placed on deferred adjudication for an
1551	1551	offense described by Subsection (a)(1) or who has been convicted of
1552	1552	an offense described by Subsection (a)(2) [(d) A person whose
1553	1553	certificate is revoked under Subsection (b) may reapply for a
1554	1554	certificate in accordance with board rules].
1555	1555	(g) [(e)] Action taken by a school district or
1556	1556	open-enrollment charter school under Subsection (c) or (d) [(c-1)]
1557	1557	is not subject to appeal under this chapter, and the notice and
1558	1558	hearing requirements of this chapter do not apply to the action.
1559	1559	SECTION 2.23. Subchapter E, Chapter 22A, Education Code, as
1560	1560	added by this Act, is amended by adding Sections 22A.202 and 22A.203
1561	1561	to read as follows:
1562	1562	Sec. 22A.202. TEMPORARY SUSPENSION OF CERTIFICATION OR
1563	1563	PERMIT BASED ON CONTINUING AND IMMINENT THREAT TO PUBLIC WELFARE.
1564	1564	(a) The board may, by a majority vote of the board or of a
1565	1565	five-person committee of board members designated by the board,
1566	1566	temporarily suspend an educator's certification or permit issued
1567	1567	under Subchapter B, Chapter 21, if the board, based on evidence or
1568	1568	information presented to the board regarding a complaint alleging
1569	1569	misconduct by the educator, determines that the educator's
1570	1570	continued certification or permit issuance constitutes a
1571	1571	continuing and imminent threat to the public welfare.
1572	1572	(b) Notwithstanding Chapter 551, Government Code, the board
1573	1573	or a committee described by Subsection (a) may hold a meeting by
1574	1574	telephone conference call if the board or committee determines that
1575	1575	immediate action is required and convening the board or committee
1576	1576	at one location would be inconvenient for any member of the board or
1577	1577	committee.
1578	1578	(c) An educator's certification or permit may be
1579	1579	temporarily suspended under this section without notice or hearing
1580	1580	on the complaint alleging the educator's misconduct if:
1581	1581	(1) proceedings for a hearing before the State Office
1582	1582	of Administrative Hearings are initiated simultaneously with the
1583	1583	temporary suspension; and
1584	1584	(2) a hearing is held as soon as possible under this
1585	1585	chapter and Chapter 2001, Government Code.
1586	1586	(d) The State Office of Administrative Hearings shall hold a
1587	1587	preliminary hearing not later than the 17th day after the date of
1588	1588	the temporary suspension to determine whether probable cause exists
1589	1589	that the educator's certification or permit issuance constitutes a
1590	1590	continuing and imminent threat to the public welfare. The probable
1591	1591	cause hearing shall be conducted as a de novo hearing.
1592	1592	(e) The State Office of Administrative Hearings shall hold a
1593	1593	final hearing on the matter not later than the 61st day after the
1594	1594	date of the temporary suspension.
1595	1595	(f) The board shall propose rules adopting procedures for
1596	1596	the temporary suspension of an educator's certification or permit
1597	1597	under this section.
1598	1598	Sec. 22A.203. TEMPORARY SUSPENSION OF CERTIFICATION OR
1599	1599	PERMIT FOR CERTAIN ARRESTS. (a) The board may, by a majority vote
1600	1600	of the board or of a five-person committee of board members
1601	1601	designated by the board, temporarily suspend an educator's
1602	1602	certification or permit issued under Subchapter B, Chapter 21, if
1603	1603	the educator is arrested for an offense listed under Section
1604	1604	22A.201(a).
1605	1605	(b) Before suspending an educator's certification or permit
1606	1606	under Subsection (a), the board or committee, as applicable, must
1607	1607	verify that the person arrested for an offense described by that
1608	1608	subsection is the same person who holds a certification or permit
1609	1609	issued under Subchapter B, Chapter 21, by the board.
1610	1610	(c) A suspension under this section remains in effect until
1611	1611	the final disposition of the case.
1612	1612	(d) Sections 22A.202(c), (d), and (e) apply to a suspension
1613	1613	under this section.
1614	1614	(e) The board shall propose rules to implement this section,
1615	1615	including rules regarding evidence that serves as proof of final
1616	1616	disposition of a case.
1617	1617	SECTION 2.24. Chapter 22A, Education Code, as added by this
1618	1618	Act, is amended by adding Subchapter F to read as follows:
1619	1619	SUBCHAPTER F. OTHER REPORTING REQUIREMENTS
1620	1620	Sec. 22A.251. REPORT BY AGENCY. The agency, in cooperation
1621	1621	with the board, shall, on a quarterly basis, post on the agency's
1622	1622	Internet website a report on employee and service provider
1623	1623	misconduct reported under this chapter. The report must be
1624	1624	disaggregated by type of misconduct.
1625	1625	SECTION 2.25. Chapter 22A, Education Code, as added by this
1626	1626	Act, is amended by adding Subchapter G, and a heading is added to
1627	1627	that subchapter to read as follows:
1628	1628	SUBCHAPTER G. REQUIRED MISCONDUCT REPORTING: PRIVATE SCHOOLS
1629	1629	SECTION 2.26. Section 21.0062, Education Code, is
1630	1630	transferred to Subchapter G, Chapter 22A, Education Code, as added
1631	1631	by this Act, redesignated as Section 22A.301, Education Code, and
1632	1632	amended to read as follows:
1633	1633	Sec. 22A.301 [21.0062]. REQUIREMENT TO REPORT MISCONDUCT:
1634	1634	PRIVATE SCHOOLS. (a) In this section, "private [:
1635	1635	[(1) "Abuse" has the meaning assigned by Section
1636	1636	261.001, Family Code, and includes any sexual conduct involving a
1637	1637	student or minor and private school educator.
1638	1638	[(2) "Private] school educator" means a person
1639	1639	employed by or seeking employment in a private school for a position
1640	1640	in which the person would be required to hold a certificate issued
1641	1641	under Subchapter B, Chapter 21, if the person were employed by a
1642	1642	school district.
1643	1643	(b) In addition to the reporting requirement under Section
1644	1644	261.101, Family Code, the chief administrative officer of a private
1645	1645	school shall notify the board [State Board for Educator
1646	1646	Certification] if:
1647	1647	(1) a private school educator[:
1648	1648	[(1)] has a criminal record and the private school
1649	1649	obtained information about the educator's criminal record; or
1650	1650	(2) the chief administrative officer becomes aware of
1651	1651	evidence that a private school educator engaged in misconduct
1652	1652	described by Section 22A.051(a)(2)(A), (B), (C), or (D) [was
1653	1653	terminated and there is evidence that the educator:
1654	1654	[(A) abused or otherwise committed an unlawful
1655	1655	act with a student or minor; or
1656	1656	[(B) was involved in a romantic relationship with
1657	1657	or solicited or engaged in sexual contact with a student or minor].
1658	1658	(c) If there is evidence that a private school educator may
1659	1659	have engaged in misconduct described by Subsection (b) and the
1660	1660	educator resigns from employment before completion of the
1661	1661	investigation, the chief administrative officer of the private
1662	1662	school shall submit the evidence of misconduct collected to the
1663	1663	board [State Board for Educator Certification].
1664	1664	(d) The chief administrative officer of the private school
1665	1665	must notify the board [State Board for Educator Certification] by
1666	1666	filing a report with the board:
1667	1667	(1) not later than the seventh business day after the
1668	1668	date the chief administrative officer knew that a private school
1669	1669	educator[:
1670	1670	[(1)] has a criminal record under Subsection (b)(1);
1671	1671	or
1672	1672	(2) not later than 48 hours after the chief
1673	1673	administrative officer becomes aware of evidence of [was terminated
1674	1674	following] an alleged incident of misconduct described by
1675	1675	Subsection (b)(2).
1676	1676	(e) The report filed under Subsection (d) must be:
1677	1677	(1) in writing; [and]
1678	1678	(2) in a form prescribed by the board; and
1679	1679	(3) filed through the Internet portal developed and
1680	1680	maintained by the agency under Section 22A.155.
1681	1681	(f) Any person who knows or has reason to believe that a
1682	1682	private school educator engaged in the misconduct described by
1683	1683	Subsection (b)(2) may file a report with the board [State Board for
1684	1684	Educator Certification] under this section.
1685	1685	(g) A chief administrative officer of a private school or
1686	1686	any other person who in good faith files a report with the board
1687	1687	[State Board for Educator Certification] under this section or
1688	1688	communicates with a chief administrative officer or other
1689	1689	administrator of a private school concerning the criminal record of
1690	1690	or an alleged incident of misconduct by a private school educator is
1691	1691	immune from civil or criminal liability that might otherwise be
1692	1692	incurred or imposed.
1693	1693	(h) The name of a student or minor who is the victim of abuse
1694	1694	or unlawful conduct by a private school educator must be included in
1695	1695	a report filed under this section, but the name of the student or
1696	1696	minor is not public information under Chapter 552, Government Code.
1697	1697	(i) The board [State Board for Educator Certification]
1698	1698	shall propose rules as necessary to implement this section.
1699	1699	SECTION 2.27. Section 39.003(a), Education Code, is amended
1700	1700	to read as follows:
1701	1701	(a) The commissioner may authorize special investigations
1702	1702	to be conducted:
1703	1703	(1) when excessive numbers of absences of students
1704	1704	eligible to be tested on state assessment instruments are
1705	1705	determined;
1706	1706	(2) when excessive numbers of allowable exemptions
1707	1707	from the required state assessment instruments are determined;
1708	1708	(3) in response to complaints submitted to the agency
1709	1709	with respect to alleged violations of civil rights or other
1710	1710	requirements imposed on the state by federal law or court order;
1711	1711	(4) in response to established compliance reviews of
1712	1712	the district's financial accounting practices and state and federal
1713	1713	program requirements;
1714	1714	(5) when extraordinary numbers of student placements
1715	1715	in disciplinary alternative education programs, other than
1716	1716	placements under Sections 37.006 and 37.007, are determined;
1717	1717	(6) in response to an allegation involving a conflict
1718	1718	between members of the board of trustees or between the board and
1719	1719	the district administration if it appears that the conflict
1720	1720	involves a violation of a role or duty of the board members or the
1721	1721	administration clearly defined by this code;
1722	1722	(7) when excessive numbers of students in special
1723	1723	education programs under Subchapter A, Chapter 29, are assessed
1724	1724	through assessment instruments developed or adopted under Section
1725	1725	39.023(b);
1726	1726	(8) in response to an allegation regarding or an
1727	1727	analysis using a statistical method result indicating a possible
1728	1728	violation of an assessment instrument security procedure
1729	1729	established under Section 39.0301, including for the purpose of
1730	1730	investigating or auditing a school district under that section;
1731	1731	(9) when a significant pattern of decreased academic
1732	1732	performance has developed as a result of the promotion in the
1733	1733	preceding two school years of students who did not perform
1734	1734	satisfactorily as determined by the commissioner under Section
1735	1735	39.0241(a) on assessment instruments administered under Section
1736	1736	39.023(a), (c), or (l);
1737	1737	(10) when excessive numbers of students eligible to
1738	1738	enroll fail to complete an Algebra II course or any other advanced
1739	1739	course as determined by the commissioner;
1740	1740	(11) when resource allocation practices as evaluated
1741	1741	under Section 39.0821 indicate a potential for significant
1742	1742	improvement in resource allocation;
1743	1743	(12) when a disproportionate number of students of a
1744	1744	particular demographic group is graduating with a particular
1745	1745	endorsement under Section 28.025(c-1);
1746	1746	(13) when an excessive number of students is
1747	1747	graduating with a particular endorsement under Section
1748	1748	28.025(c-1);
1749	1749	(14) in response to a complaint submitted to the
1750	1750	agency with respect to alleged inaccurate data that is reported
1751	1751	through the Public Education Information Management System (PEIMS)
1752	1752	or through other reports required by state or federal law or rule or
1753	1753	court order and that is used by the agency to make a determination
1754	1754	relating to public school accountability, including accreditation,
1755	1755	under this chapter;
1756	1756	(15) when 10 percent or more of the students
1757	1757	graduating in a particular school year from a particular high
1758	1758	school campus are awarded a diploma based on the determination of an
1759	1759	individual graduation committee under Section 28.0258;
1760	1760	(16) when a school district for any reason fails to:
1761	1761	(A) produce, at the request of the agency,
1762	1762	evidence or an investigation report relating to a person [an
1763	1763	educator] who is under investigation by the State Board for
1764	1764	Educator Certification or the agency; or
1765	1765	(B) timely submit a report required under Chapter
1766	1766	22A regarding a person who is required to be reported to the State
1767	1767	Board for Educator Certification or the agency under that chapter;
1768	1768	[or]
1769	1769	(17) in response to an alleged violation of Section
1770	1770	22B.003; or
1771	1771	(18) as the commissioner otherwise determines
1772	1772	necessary.
1773	1773	SECTION 2.28. Section 261.001, Family Code, is amended by
1774	1774	amending Subdivision (1) and adding Subdivision (3-a) to read as
1775	1775	follows:
1776	1776	(1) "Abuse" includes the following acts or omissions
1777	1777	by a person:
1778	1778	(A) mental or emotional injury to a child that
1779	1779	results in an observable and material impairment in the child's
1780	1780	growth, development, or psychological functioning;
1781	1781	(B) causing or permitting the child to be in a
1782	1782	situation in which the child sustains a mental or emotional injury
1783	1783	that results in an observable and material impairment in the
1784	1784	child's growth, development, or psychological functioning;
1785	1785	(C) physical injury that results in substantial
1786	1786	harm to the child, or the genuine threat of substantial harm from
1787	1787	physical injury to the child, including an injury that is at
1788	1788	variance with the history or explanation given and excluding an
1789	1789	accident or reasonable discipline by a parent, guardian, or
1790	1790	managing or possessory conservator that does not expose the child
1791	1791	to a substantial risk of harm;
1792	1792	(D) failure to make a reasonable effort to
1793	1793	prevent an action by another person that results in physical injury
1794	1794	that results in substantial harm to the child;
1795	1795	(E) sexual conduct harmful to a child's mental,
1796	1796	emotional, or physical welfare, including conduct that constitutes
1797	1797	the offense of continuous sexual abuse of young child or disabled
1798	1798	individual under Section 21.02, Penal Code, indecency with a child
1799	1799	under Section 21.11, Penal Code, improper relationship between
1800	1800	educator and student under Section 21.12, Penal Code, sexual
1801	1801	assault under Section 22.011, Penal Code, or aggravated sexual
1802	1802	assault under Section 22.021, Penal Code;
1803	1803	(F) failure to make a reasonable effort to
1804	1804	prevent sexual conduct harmful to a child;
1805	1805	(G) compelling or encouraging the child to engage
1806	1806	in sexual conduct as defined by Section 43.01, Penal Code,
1807	1807	including compelling or encouraging the child in a manner that
1808	1808	constitutes an offense of trafficking of persons under Section
1809	1809	20A.02(a)(7) or (8), Penal Code, solicitation of prostitution under
1810	1810	Section 43.021, Penal Code, or compelling prostitution under
1811	1811	Section 43.05(a)(2), Penal Code;
1812	1812	(H) causing, permitting, encouraging, engaging
1813	1813	in, or allowing the photographing, filming, or depicting of the
1814	1814	child if the person knew or should have known that the resulting
1815	1815	photograph, film, or depiction of the child is obscene as defined by
1816	1816	Section 43.21, Penal Code, or pornographic;
1817	1817	(I) the current use by a person of a controlled
1818	1818	substance as defined by Chapter 481, Health and Safety Code, in a
1819	1819	manner or to the extent that the use results in physical, mental, or
1820	1820	emotional injury to a child;
1821	1821	(J) causing, expressly permitting, or
1822	1822	encouraging a child to use a controlled substance as defined by
1823	1823	Chapter 481, Health and Safety Code;
1824	1824	(K) causing, permitting, encouraging, engaging
1825	1825	in, or allowing a sexual performance by a child as defined by
1826	1826	Section 43.25, Penal Code;
1827	1827	(L) knowingly causing, permitting, encouraging,
1828	1828	engaging in, or allowing a child to be trafficked in a manner
1829	1829	punishable as an offense under Section 20A.02(a)(5), (6), (7), or
1830	1830	(8), Penal Code, or the failure to make a reasonable effort to
1831	1831	prevent a child from being trafficked in a manner punishable as an
1832	1832	offense under any of those sections; or
1833	1833	(M) forcing or coercing a child to enter into a
1834	1834	marriage.
1835	1835	(3-a) "Law enforcement agency" means:
1836	1836	(A) the Department of Public Safety;
1837	1837	(B) the police department of a municipality;
1838	1838	(C) the sheriff's office of a county; or
1839	1839	(D) a constable's office of a county.
1840	1840	SECTION 2.29. Section 261.103(a), Family Code, is amended
1841	1841	to read as follows:
1842	1842	(a) Except as provided by Subsections (b) and (c) and
1843	1843	Section 261.405, a report shall be made to:
1844	1844	(1) a [any local or state] law enforcement agency;
1845	1845	(2) the department; or
1846	1846	(3) the state agency that operates, licenses,
1847	1847	certifies, or registers the facility in which the alleged abuse or
1848	1848	neglect occurred.
1849	1849	SECTION 2.30. Sections 261.104(b) and (d), Family Code, are
1850	1850	amended to read as follows:
1851	1851	(b) If the individual making a report of child abuse or
1852	1852	neglect uses the toll-free telephone number the department operates
1853	1853	for reporting child abuse or neglect and the individual is
1854	1854	unwilling to provide the information described by Subsection
1855	1855	(a)(4), the department representative receiving the report shall
1856	1856	notify the individual that:
1857	1857	(1) the department is not authorized to accept an
1858	1858	anonymous report of abuse or neglect;
1859	1859	(2) the individual may report the abuse or neglect by
1860	1860	making a report to a [any local or state] law enforcement agency;
1861	1861	and
1862	1862	(3) the identity of an individual making a report
1863	1863	under this subchapter is confidential and may be disclosed only:
1864	1864	(A) as provided by Section 261.201; or
1865	1865	(B) to a law enforcement officer for the purposes
1866	1866	of conducting a criminal investigation of the report.
1867	1867	(d) If a report of abuse or neglect is made orally, the
1868	1868	department or [local or state] law enforcement agency receiving the
1869	1869	report shall:
1870	1870	(1) notify the individual making the report that:
1871	1871	(A) the report is being recorded; and
1872	1872	(B) making a false report is a criminal offense
1873	1873	under Section 261.107 punishable as a state jail felony or a third
1874	1874	degree felony; and
1875	1875	(2) make an audio recording of the report.
1876	1876	SECTION 2.31. Sections 261.105(a), (b), and (d), Family
1877	1877	Code, are amended to read as follows:
1878	1878	(a) All reports received by a [local or state] law
1879	1879	enforcement agency that allege abuse or neglect by a person
1880	1880	responsible for a child's care, custody, or welfare shall be
1881	1881	referred immediately to the department.
1882	1882	(b) The department shall immediately notify the appropriate
1883	1883	[state or local] law enforcement agency of any report it receives,
1884	1884	other than a report from a law enforcement agency, that concerns the
1885	1885	suspected abuse or neglect of a child or death of a child from abuse
1886	1886	or neglect.
1887	1887	(d) If the department initiates an investigation and
1888	1888	determines that the abuse or neglect does not involve a person
1889	1889	responsible for the child's care, custody, or welfare, the
1890	1890	department shall refer the report to the appropriate [a] law
1891	1891	enforcement agency for further investigation. If the department
1892	1892	determines that the abuse or neglect involves an employee of a
1893	1893	public or private elementary or secondary school, [and that the
1894	1894	child is a student at the school,] the department shall [orally]
1895	1895	notify, in writing, the superintendent of the school district, the
1896	1896	director of the open-enrollment charter school, or the chief
1897	1897	executive officer of the private school in which the employee is
1898	1898	employed about the investigation. The written notice required by
1899	1899	this subsection may be provided by e-mail to the official e-mail
1900	1900	address of the appropriate official, if that e-mail address is
1901	1901	publicly available.
1902	1902	SECTION 2.32. Sections 261.301(a) and (c), Family Code, are
1903	1903	amended to read as follows:
1904	1904	(a) With assistance from the appropriate [state or local]
1905	1905	law enforcement agency as provided by this section, the department
1906	1906	shall make a prompt and thorough investigation of a report of child
1907	1907	abuse or neglect allegedly committed by a person responsible for a
1908	1908	child's care, custody, or welfare. The investigation shall be
1909	1909	conducted without regard to any pending suit affecting the
1910	1910	parent-child relationship.
1911	1911	(c) The department is not required to investigate a report
1912	1912	that alleges child abuse, neglect, or exploitation by a person
1913	1913	other than a person responsible for a child's care, custody, or
1914	1914	welfare. The appropriate [state or local] law enforcement agency
1915	1915	shall investigate that report if the agency determines an
1916	1916	investigation should be conducted.
1917	1917	SECTION 2.33. Section 261.304(a), Family Code, is amended
1918	1918	to read as follows:
1919	1919	(a) If an individual makes an anonymous report of child
1920	1920	abuse or neglect by a person responsible for a child's care,
1921	1921	custody, or welfare to a [local or state] law enforcement agency and
1922	1922	the agency refers the report to the department, the department
1923	1923	shall conduct a preliminary investigation to determine whether
1924	1924	there is any evidence to corroborate the report.
1925	1925	SECTION 2.34. Section 261.308, Family Code, is amended by
1926	1926	adding Subsection (f) to read as follows:
1927	1927	(f) The department shall release information required to be
1928	1928	released to the Texas Education Agency or the State Board for
1929	1929	Educator Certification under Subsection (d) or (e) by submitting
1930	1930	the information through the Internet portal developed and
1931	1931	maintained by the agency under Section 22A.155, Education Code.
1932	1932	SECTION 2.35. Section 261.402(b), Family Code, is amended
1933	1933	to read as follows:
1934	1934	(b) A state agency shall immediately notify the appropriate
1935	1935	[state or local] law enforcement agency of any report the agency
1936	1936	receives, other than a report from a law enforcement agency, that
1937	1937	concerns the suspected abuse, neglect, or exploitation of a child
1938	1938	or the death of a child from abuse or neglect. If the state agency
1939	1939	finds evidence indicating that a child may have been abused,
1940	1940	neglected, or exploited, the agency shall report the evidence to
1941	1941	the appropriate law enforcement agency.
1942	1942	SECTION 2.36. This article applies beginning with the
1943	1943	2025-2026 school year.
1944	1944	SECTION 2.37. Sections 22A.051 and 22A.052, Education Code,
1945	1945	as transferred, redesignated, and amended by this article, apply
1946	1946	only to an offense committed on or after September 1, 2025. An
1947	1947	offense committed before September 1, 2025, is governed by the law
1948	1948	in effect on the date the offense was committed, and the former law
1949	1949	is continued in effect for that purpose. For purposes of this
1950	1950	section, an offense was committed before September 1, 2025, if any
1951	1951	element of the offense occurred before that date.
1952	1952	ARTICLE 3. CONFORMING CHANGES
1953	1953	SECTION 3.01. Section 7.028(a), Education Code, is amended
1954	1954	to read as follows:
1955	1955	(a) Except as provided by Section 22A.051(n) [21.006(k)],
1956	1956	22A.052(m) [22.093(l)], 22A.156 [22.096], 28.006, 29.001(5),
1957	1957	29.010(a), 33.006(h), 37.1083, 37.1084, 38.003, or 39.003, the
1958	1958	agency may monitor compliance with requirements applicable to a
1959	1959	process or program provided by a school district, campus, program,
1960	1960	or school granted charters under Chapter 12, including the process
1961	1961	described by Subchapter F, Chapter 11, or a program described by
1962	1962	Subchapter B, C, D, E, F, H, or I, Chapter 29, or Subchapter A,
1963	1963	Chapter 37, only as necessary to ensure:
1964	1964	(1) compliance with federal law and regulations;
1965	1965	(2) financial accountability, including compliance
1966	1966	with grant requirements;
1967	1967	(3) data integrity for purposes of:
1968	1968	(A) the Public Education Information Management
1969	1969	System (PEIMS); and
1970	1970	(B) accountability under Chapters 39 and 39A; and
1971	1971	(4) qualification for funding under Chapter 48.
1972	1972	SECTION 3.02. Section 12.0271, Education Code, is amended
1973	1973	to read as follows:
1974	1974	Sec. 12.0271. FAILURE TO DISCHARGE OR REFUSE TO HIRE OR
1975	1975	TERMINATE OR REFUSE SERVICES FROM CERTAIN EMPLOYEES, [OR]
1976	1976	APPLICANTS, OR SERVICE PROVIDERS. A home-rule school district
1977	1977	commits a material violation of the school district's charter if
1978	1978	the school district fails to comply with the duty to discharge or
1979	1979	refuse to hire, or terminate or refuse to accept services from,
1980	1980	certain employees, [or] applicants for employment, or service
1981	1981	providers under Section 22A.151 or 22A.157, as applicable [22.085
1982	1982	or 22.092].
1983	1983	SECTION 3.03. Section 12.0631, Education Code, is amended
1984	1984	to read as follows:
1985	1985	Sec. 12.0631. FAILURE TO DISCHARGE OR REFUSE TO HIRE OR
1986	1986	TERMINATE OR REFUSE SERVICES FROM CERTAIN EMPLOYEES, [OR]
1987	1987	APPLICANTS, OR SERVICE PROVIDERS. A campus or campus program
1988	1988	granted a charter under this subchapter commits a material
1989	1989	violation of its charter if the campus or program fails to comply
1990	1990	with the duty to discharge or refuse to hire, or terminate or refuse
1991	1991	to accept services from, certain employees, [or] applicants for
1992	1992	employment, or service providers under Section 12.1059, 22A.151, or
1993	1993	22A.157, as applicable [22.085, or 22.092].
1994	1994	SECTION 3.04. Section 12.104(b), Education Code, is amended
1995	1995	to read as follows:
1996	1996	(b) An open-enrollment charter school is subject to:
1997	1997	(1) a provision of this title establishing a criminal
1998	1998	offense;
1999	1999	(2) the provisions in Chapter 554, Government Code;
2000	2000	and
2001	2001	(3) a prohibition, restriction, or requirement, as
2002	2002	applicable, imposed by this title or a rule adopted under this
2003	2003	title, relating to:
2004	2004	(A) the Public Education Information Management
2005	2005	System (PEIMS) to the extent necessary to monitor compliance with
2006	2006	this subchapter as determined by the commissioner;
2007	2007	(B) criminal history records under Subchapter C,
2008	2008	Chapter 22;
2009	2009	(C) reading instruments and accelerated reading
2010	2010	instruction programs under Section 28.006;
2011	2011	(D) accelerated instruction under Section
2012	2012	28.0211;
2013	2013	(E) high school graduation requirements under
2014	2014	Section 28.025;
2015	2015	(F) special education programs under Subchapter
2016	2016	A, Chapter 29;
2017	2017	(G) bilingual education under Subchapter B,
2018	2018	Chapter 29;
2019	2019	(H) prekindergarten programs under Subchapter E
2020	2020	or E-1, Chapter 29, except class size limits for prekindergarten
2021	2021	classes imposed under Section 25.112, which do not apply;
2022	2022	(I) extracurricular activities under Section
2023	2023	33.081;
2024	2024	(J) discipline management practices or behavior
2025	2025	management techniques under Section 37.0021;
2026	2026	(K) health and safety under Chapter 38;
2027	2027	(L) the provisions of Subchapter A, Chapter 39;
2028	2028	(M) public school accountability and special
2029	2029	investigations under Subchapters A, B, C, D, F, G, and J, Chapter
2030	2030	39, and Chapter 39A;
2031	2031	(N) the requirement under Section 22A.051 or
2032	2032	22A.052 [21.006] to report [an educator's] misconduct;
2033	2033	(O) intensive programs of instruction under
2034	2034	Section 28.0213;
2035	2035	(P) the right of a school employee to report a
2036	2036	crime, as provided by Section 37.148;
2037	2037	(Q) bullying prevention policies and procedures
2038	2038	under Section 37.0832;
2039	2039	(R) the right of a school under Section 37.0052
2040	2040	to place a student who has engaged in certain bullying behavior in a
2041	2041	disciplinary alternative education program or to expel the student;
2042	2042	(S) the right under Section 37.0151 to report to
2043	2043	local law enforcement certain conduct constituting assault or
2044	2044	harassment;
2045	2045	(T) a parent's right to information regarding the
2046	2046	provision of assistance for learning difficulties to the parent's
2047	2047	child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
2048	2048	(U) establishment of residency under Section
2049	2049	25.001;
2050	2050	(V) school safety requirements under Sections
2051	2051	37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,
2052	2052	37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and
2053	2053	37.2071 and Subchapter J, Chapter 37;
2054	2054	(W) the early childhood literacy and mathematics
2055	2055	proficiency plans under Section 11.185;
2056	2056	(X) the college, career, and military readiness
2057	2057	plans under Section 11.186; and
2058	2058	(Y) parental options to retain a student under
2059	2059	Section 28.02124.
2060	2060	SECTION 3.05. Section 12.1059, Education Code, is amended
2061	2061	to read as follows:
2062	2062	Sec. 12.1059. REQUIREMENTS FOR EMPLOYMENT OF CERTAIN
2063	2063	EMPLOYEES. A person may not be employed by or serve as a teacher,
2064	2064	librarian, educational aide, administrator, or school counselor
2065	2065	for an open-enrollment charter school unless:
2066	2066	(1) the person has been approved by the agency
2067	2067	following a review of the person's national criminal history record
2068	2068	information as provided by Section 22.0832; and
2069	2069	(2) the school has confirmed that the person is not
2070	2070	included in the registry under Section 22A.151 [22.092].
2071	2071	SECTION 3.06. Section 12.1151, Education Code, is amended
2072	2072	to read as follows:
2073	2073	Sec. 12.1151. FAILURE TO DISCHARGE OR REFUSE TO HIRE OR
2074	2074	TERMINATE OR REFUSE SERVICES FROM CERTAIN EMPLOYEES, [OR]
2075	2075	APPLICANTS, OR SERVICE PROVIDERS. An open-enrollment charter
2076	2076	school commits a material violation of the school's charter if the
2077	2077	school fails to comply with the duty to discharge or refuse to hire,
2078	2078	or terminate or refuse to accept services from, certain employees,
2079	2079	[or] applicants for employment, or service providers under Section
2080	2080	12.1059, 22A.151, or 22A.157, as applicable [22.085, or 22.092].
2081	2081	SECTION 3.07. Section 12.252(b), Education Code, is amended
2082	2082	to read as follows:
2083	2083	(b) An adult education program operated under a charter
2084	2084	granted under this subchapter is subject to:
2085	2085	(1) a provision of this title establishing a criminal
2086	2086	offense; and
2087	2087	(2) a prohibition, restriction, or requirement, as
2088	2088	applicable, imposed by this title or a rule adopted under this
2089	2089	title, relating to:
2090	2090	(A) the Public Education Information Management
2091	2091	System (PEIMS) to the extent necessary as determined by the
2092	2092	commissioner to monitor compliance with this subchapter and, as
2093	2093	applicable, Subchapter D;
2094	2094	(B) criminal history records under Subchapter C,
2095	2095	Chapter 22;
2096	2096	(C) high school graduation requirements under
2097	2097	Section 28.025, to the extent applicable to a program participant;
2098	2098	(D) special education programs under Subchapter
2099	2099	A, Chapter 29;
2100	2100	(E) bilingual education under Subchapter B,
2101	2101	Chapter 29;
2102	2102	(F) health and safety under Chapter 38;
2103	2103	(G) the requirement under Section 22A.051 or
2104	2104	22A.052 [21.006] to report [an educator's] misconduct; and
2105	2105	(H) the right of an employee to report a crime, as
2106	2106	provided by Section 37.148.
2107	2107	SECTION 3.08. Section 12A.008(b-1), Education Code, is
2108	2108	amended to read as follows:
2109	2109	(b-1) The commissioner may terminate a district's
2110	2110	designation as a district of innovation if the district fails to
2111	2111	comply with the duty to discharge or refuse to hire certain
2112	2112	employees or applicants for employment under Section 12.1059,
2113	2113	applicable to the district under Section 12A.004(a)(1), or Section
2114	2114	22A.151 or 22A.157 [22.085 or 22.092].
2115	2115	SECTION 3.09. Section 21.054(e), Education Code, is amended
2116	2116	to read as follows:
2117	2117	(e) Continuing education requirements for a principal must
2118	2118	provide that not more than 25 percent of the training required every
2119	2119	five years include instruction regarding:
2120	2120	(1) effective and efficient management, including:
2121	2121	(A) collecting and analyzing information;
2122	2122	(B) making decisions and managing time; and
2123	2123	(C) supervising student discipline and managing
2124	2124	behavior;
2125	2125	(2) recognizing early warning indicators that a
2126	2126	student may be at risk of dropping out of school;
2127	2127	(3) digital learning, digital teaching, and
2128	2128	integrating technology into campus curriculum and instruction;
2129	2129	(4) effective implementation of a comprehensive
2130	2130	school counseling program under Section 33.005;
2131	2131	(5) mental health programs addressing a mental health
2132	2132	condition;
2133	2133	(6) educating diverse student populations, including:
2134	2134	(A) students who are educationally
2135	2135	disadvantaged;
2136	2136	(B) emergent bilingual students; and
2137	2137	(C) students at risk of dropping out of school;
2138	2138	and
2139	2139	(7) preventing, recognizing, and reporting any sexual
2140	2140	conduct between an educator and student that is prohibited under
2141	2141	Section 21.12, Penal Code, or for which reporting is required under
2142	2142	Section 22A.051 [21.006] of this code.
2143	2143	SECTION 3.10. Section 21.0585, Education Code, is amended
2144	2144	to read as follows:
2145	2145	Sec. 21.0585. NOTICE TO AGENCY REGARDING REVOCATION OF
2146	2146	CERTIFICATE OR PERMIT FOR CERTAIN MISCONDUCT. The board shall
2147	2147	promptly notify the agency for purposes of Section 22A.151 [22.092]
2148	2148	if the board revokes a certificate or permit of a person on a
2149	2149	finding that the person engaged in misconduct described by Section
2150	2150	22A.051(a)(2)(A), (B), (C), or (D) [21.006(b)(2)(A) or (A-1)].
2151	2151	SECTION 3.11. Section 22.0815(a), Education Code, is
2152	2152	amended to read as follows:
2153	2153	(a) In this section, "other charter entity" has the meaning
2154	2154	assigned by Section 22A.001 [21.006].
2155	2155	SECTION 3.12. Section 22.0825(a), Education Code, is
2156	2156	amended to read as follows:
2157	2157	(a) In this section, "other charter entity" has the meaning
2158	2158	assigned by Section 22A.001 [21.006].
2159	2159	SECTION 3.13. Section 22.0833(g), Education Code, is
2160	2160	amended to read as follows:
2161	2161	(g) A school district, open-enrollment charter school, or
2162	2162	shared services arrangement shall provide the agency with the name
2163	2163	of a person to whom this section applies. The agency shall obtain
2164	2164	all criminal history record information of the person through the
2165	2165	criminal history clearinghouse as provided by Section 411.0845,
2166	2166	Government Code. The agency shall examine the criminal history
2167	2167	record information of the person and notify the district, school,
2168	2168	or shared services arrangement if the person may not be hired or
2169	2169	must be discharged as provided by Section 22A.157 [22.085].
2170	2170	SECTION 3.14. Section 22.0834(o), Education Code, is
2171	2171	amended to read as follows:
2172	2172	(o) A school district, charter school, regional education
2173	2173	service center, commercial transportation company, education
2174	2174	shared services arrangement, or qualified school contractor,
2175	2175	contracting entity, or subcontracting entity may not permit an
2176	2176	employee to whom Subsection (a) applies to provide services at a
2177	2177	school if the employee has been convicted of a felony or misdemeanor
2178	2178	offense that would prevent a person from being employed under
2179	2179	Section 22A.157(a) [22.085(a)].
2180	2180	SECTION 3.15. Section 22.0836(g), Education Code, is
2181	2181	amended to read as follows:
2182	2182	(g) A school district, open-enrollment charter school, or
2183	2183	shared services arrangement shall provide the agency with the name
2184	2184	of a person to whom this section applies. The agency shall obtain
2185	2185	all criminal history record information of the person through the
2186	2186	criminal history clearinghouse as provided by Section 411.0845,
2187	2187	Government Code. The agency shall examine the criminal history
2188	2188	record information and certification records of the person and
2189	2189	notify the district, school, or shared services arrangement if the
2190	2190	person:
2191	2191	(1) may not be hired or must be discharged as provided
2192	2192	by Section 22A.157 [22.085]; or
2193	2193	(2) may not be employed as a substitute teacher
2194	2194	because the person's educator certification has been revoked or is
2195	2195	suspended.
2196	2196	SECTION 3.16. Section 33.913(b), Education Code, is amended
2197	2197	to read as follows:
2198	2198	(b) To participate in the program as a tutor, a person must:
2199	2199	(1) be an active or retired teacher;
2200	2200	(2) apply for the position in a manner specified by the
2201	2201	nonprofit organization;
2202	2202	(3) designate in the application whether the person
2203	2203	plans to provide tutoring:
2204	2204	(A) for compensation, on a volunteer basis, or
2205	2205	both; and
2206	2206	(B) in person, online, or both; and
2207	2207	(4) not be included in the registry of persons not
2208	2208	eligible for employment by a public school under Section 22A.151
2209	2209	[22.092].
2210	2210	SECTION 3.17. Section 39.0302(a), Education Code, is
2211	2211	amended to read as follows:
2212	2212	(a) During an agency investigation or audit of a school
2213	2213	district under Section 39.0301(e) or (f), a special investigation
2214	2214	under Section 39.003(a)(8) or (14), a compliance review under
2215	2215	Section 22A.051(n), 22A.052(m) [21.006(k), 22.093(l)], or 22A.156
2216	2216	[22.096], or an investigation by the State Board for Educator
2217	2217	Certification of an educator for an alleged violation of an
2218	2218	assessment instrument security procedure established under Section
2219	2219	39.0301(a), the commissioner may issue a subpoena to compel the
2220	2220	attendance of a relevant witness or the production, for inspection
2221	2221	or copying, of relevant evidence that is located in this state.
2222	2222	SECTION 3.18. Section 810.003(a), Health and Safety Code,
2223	2223	is amended to read as follows:
2224	2224	(a) The department, in collaboration with each
2225	2225	participating state agency, shall establish an interagency
2226	2226	reportable conduct search engine for persons to search information
2227	2227	on reportable conduct in accordance with this chapter and rules
2228	2228	adopted under this chapter maintained by:
2229	2229	(1) the Department of Family and Protective Services
2230	2230	in the central registry established under Section 261.002, Family
2231	2231	Code;
2232	2232	(2) the Health and Human Services Commission in the
2233	2233	employee misconduct registry established under Chapter 253;
2234	2234	(3) the Texas Education Agency in the registry
2235	2235	established under Section 22A.151 [22.092], Education Code; and
2236	2236	(4) the Texas Juvenile Justice Department in the
2237	2237	integrated certification information system and in any informal
2238	2238	list the Texas Juvenile Justice Department maintains.
2239	2239	SECTION 3.19. Section 810.004(b), Health and Safety Code,
2240	2240	is amended to read as follows:
2241	2241	(b) In addition to the eligible individuals described by
2242	2242	Subsection (a), each participating state agency shall designate
2243	2243	additional users who are eligible to access the search engine and
2244	2244	may require those users to determine whether an individual has
2245	2245	engaged in reportable conduct. The additional designated users may
2246	2246	include controlling persons, hiring managers, or administrators
2247	2247	of:
2248	2248	(1) licensed or certified long-term care providers,
2249	2249	including:
2250	2250	(A) home and community support services agencies
2251	2251	licensed under Chapter 142;
2252	2252	(B) nursing facilities licensed under Chapter
2253	2253	242;
2254	2254	(C) assisted living facilities licensed under
2255	2255	Chapter 247;
2256	2256	(D) prescribed pediatric extended care centers
2257	2257	licensed under Chapter 248A;
2258	2258	(E) intermediate care facilities for individuals
2259	2259	with an intellectual disability licensed under Chapter 252;
2260	2260	(F) state supported living centers, as defined by
2261	2261	Section 531.002; and
2262	2262	(G) day activity and health services facilities
2263	2263	licensed under Chapter 103, Human Resources Code;
2264	2264	(2) providers under a Section 1915(c) waiver program,
2265	2265	as defined by Section 521.0001 [531.001], Government Code;
2266	2266	(3) juvenile probation departments and registered
2267	2267	juvenile justice facilities;
2268	2268	(4) independent school districts, districts of
2269	2269	innovation, open-enrollment charter schools, other charter
2270	2270	entities, as defined by Section 22A.001 [21.006], Education Code,
2271	2271	regional education service centers, education shared services
2272	2272	arrangements, or any other educational entity or provider that is
2273	2273	authorized to access the registry established under Section 22A.151
2274	2274	[22.092], Education Code;
2275	2275	(5) private schools that:
2276	2276	(A) offer a course of instruction for students in
2277	2277	this state in one or more grades from prekindergarten through grade
2278	2278	12; and
2279	2279	(B) are:
2280	2280	(i) accredited by an organization
2281	2281	recognized by the Texas Education Agency or the Texas Private
2282	2282	School Accreditation Commission;
2283	2283	(ii) listed in the database of the National
2284	2284	Center for Education Statistics of the United States Department of
2285	2285	Education; or
2286	2286	(iii) otherwise authorized by Texas
2287	2287	Education Agency rule to access the search engine; and
2288	2288	(6) nonprofit teacher organizations approved by the
2289	2289	commissioner of education for the purpose of participating in the
2290	2290	tutoring program established under Section 33.913, Education Code.
2291	2291	SECTION 3.20. The following provisions of the Education
2292	2292	Code are repealed:
2293	2293	(1) the heading to Section 21.006;
2294	2294	(2) the heading to Subchapter C-1, Chapter 22; and
2295	2295	(3) Section 22.091.
2296	2296	ARTICLE 4. TRANSITION; SEVERABILITY; EFFECTIVE DATE
2297	2297	SECTION 4.01. To the extent of any conflict, this Act
2298	2298	prevails over another Act of the 89th Legislature, Regular Session,
2299	2299	2025, relating to nonsubstantive additions to and corrections in
2300	2300	enacted codes.
2301	2301	SECTION 4.02. It is the intent of the legislature that every
2302	2302	provision, section, subsection, sentence, clause, phrase, or word
2303	2303	in this Act, and every application of the provisions in this Act to
2304	2304	each person or entity, is severable from each other. If any
2305	2305	application of any provision in this Act to any person, group of
2306	2306	persons, or circumstances is found by a court to be invalid for any
2307	2307	reason, the remaining applications of that provision to all other
2308	2308	persons and circumstances shall be severed and may not be affected.
2309	2309	SECTION 4.03. This Act takes effect immediately if it
2310	2310	receives a vote of two-thirds of all the members elected to each
2311	2311	house, as provided by Section 39, Article III, Texas Constitution.
2312	2312	If this Act does not receive the vote necessary for immediate
2313	2313	effect, this Act takes effect September 1, 2025.