Texas 2025 - 89th Regular

Texas Senate Bill SB1743 Compare Versions

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1	1	89R7656 MEW-F
2	2	By: Campbell S.B. No. 1743
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of the office of inspector general for
10	10	education at the Texas Education Agency to investigate the
11	11	administration of public education and required reporting on
12	12	misconduct by employees of certain educational entities; creating a
13	13	criminal offense; increasing an administrative penalty;
14	14	authorizing an administrative penalty.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Chapter 7, Education Code, is amended by adding
17	17	Subchapter E to read as follows:
18	18	SUBCHAPTER E. OFFICE OF INSPECTOR GENERAL FOR EDUCATION
19	19	Sec. 7.151. DEFINITIONS. In this subchapter:
20	20	(1) "Inspector general" means the inspector general
21	21	for education appointed under this subchapter.
22	22	(2) "Office" means the office of inspector general for
23	23	education established under this subchapter.
24	24	Sec. 7.152. OFFICE OF INSPECTOR GENERAL FOR EDUCATION. (a)
25	25	The office of inspector general for education is established as a
26	26	separate and independent division within the agency. The office
27	27	shall operate independently in performing the office's duties under
28	28	this subchapter, and the agency may not maintain control of or a
29	29	vested interest in or exert influence over the office.
30	30	(b) The board shall, by a vote of at least two-thirds of
31	31	board members and subject to the advice and consent of the senate,
32	32	appoint an inspector general to serve as director of the office.
33	33	(c) The appointment of inspector general shall be made
34	34	without regard to political affiliation. To be eligible for
35	35	appointment as inspector general, a person must be:
36	36	(1) certified as an inspector general investigator by
37	37	the Association of Inspectors General or possess an equivalent
38	38	credential as determined by that association; and
39	39	(2) qualified, by experience or education, in:
40	40	(A) at least one of the following areas of
41	41	primary expertise:
42	42	(i) the practice of law;
43	43	(ii) fraud investigation; or
44	44	(iii) the operations of an inspector
45	45	general; and
46	46	(B) at least two of the following areas of
47	47	secondary expertise:
48	48	(i) whistleblower investigations;
49	49	(ii) criminal investigations;
50	50	(iii) auditing;
51	51	(iv) government operations;
52	52	(v) financial analysis; or
53	53	(vi) operation management analysis.
54	54	(d) The inspector general serves for a term of four years
55	55	and continues to serve until a successor has been appointed. The
56	56	inspector general may be reappointed for subsequent terms.
57	57	(e) If a vacancy occurs in the position of inspector general
58	58	and has remained unfilled for more than 60 days, the governor may
59	59	appoint an interim inspector general to serve until a successor is
60	60	appointed.
61	61	(f) The inspector general may be removed by the board by a
62	62	vote of at least two-thirds of board members for:
63	63	(1) substantiated malfeasance or gross misfeasance in
64	64	office;
65	65	(2) evidence of persistent failure to perform the
66	66	duties of the office; or
67	67	(3) substantiated conduct prejudicial to the proper
68	68	administration of justice.
69	69	(g) The inspector general shall be compensated under Salary
70	70	Schedule C of the General Appropriations Act.
71	71	Sec. 7.153. ADMINISTRATIVE POWERS AND DUTIES. (a) The
72	72	inspector general may employ professional staff, investigators,
73	73	and other personnel, including peace officers, as necessary for the
74	74	office to perform its duties.
75	75	(b) The inspector general shall supervise all personnel
76	76	employed by the office.
77	77	(c) The inspector general shall adopt a professional code of
78	78	conduct and ethics for all office employees that ensures the office
79	79	maintains the highest standards of integrity, impartiality, and
80	80	confidentiality.
81	81	(d) The inspector general and each office employee is
82	82	subject to all applicable state laws regarding ethics and conflicts
83	83	of interest, including the nepotism prohibitions under Chapter 573,
84	84	Government Code. The board shall adopt protocols for the office to
85	85	ensure the office's compliance with all applicable laws.
86	86	(e) The agency shall provide administrative, logistical,
87	87	and financial support to the office as necessary to facilitate the
88	88	successful and impartial operation of the office without prejudice
89	89	or undue influence on the office's functions, powers, or duties.
90	90	Sec. 7.154. GENERAL RESPONSIBILITIES. (a) The office
91	91	shall:
92	92	(1) perform inspections, evaluations, and reviews and
93	93	provide quality control for investigations initiated by the agency;
94	94	(2) investigate complaints and allegations of:
95	95	(A) fraud, waste, or abuse of agency money;
96	96	(B) employee misconduct described by Section
97	97	21.006(b)(2)(A) or (A-1) or 22.093(c)(1)(A) or (B); or
98	98	(C) conduct by an employee of the agency that:
99	99	(i) threatens the safety of public school
100	100	students in this state; or
101	101	(ii) demonstrates negligence,
102	102	incompetence, misfeasance, or malfeasance;
103	103	(3) cooperate with and coordinate investigative
104	104	efforts with law enforcement and, if a preliminary investigation
105	105	establishes a sufficient basis for referral to law enforcement,
106	106	refer the matter to the appropriate local law enforcement agency,
107	107	prosecuting attorney, or federal law enforcement agency; and
108	108	(4) perform all other duties required under the
109	109	memorandum of understanding entered into under Section 7.157.
110	110	(b) If the office is unable to investigate a complaint or
111	111	allegation because of a conflict of interest, the office shall
112	112	refer the complaint or allegation to the attorney general for
113	113	referral to another investigative entity.
114	114	Sec. 7.155. GENERAL POWERS. (a) In conducting an
115	115	investigation under Section 7.154(a)(2), the inspector general
116	116	may:
117	117	(1) issue letters of spoliation to any person who may
118	118	possess or control evidence relevant to an investigation;
119	119	(2) subpoena any person or evidence;
120	120	(3) administer oaths;
121	121	(4) take and certify affidavits;
122	122	(5) take depositions and other testimony; and
123	123	(6) access all records produced or maintained by an
124	124	entity that is the subject of the investigation.
125	125	(b) A letter of spoliation issued under Subsection (a) must:
126	126	(1) identify the specific evidence relevant to the
127	127	investigation;
128	128	(2) explain the importance of preserving the evidence;
129	129	and
130	130	(3) inform the letter recipient of the potential legal
131	131	consequences of failing to preserve evidence subject to the letter.
132	132	(c) An entity that is the subject of an investigation shall
133	133	provide access to any record requested by the inspector general not
134	134	later than the 30th day after the date on which the inspector
135	135	general notifies the entity of the request.
136	136	(d) If a person fails to comply with a subpoena issued under
137	137	Subsection (a), the inspector general, acting through the attorney
138	138	general, may file suit to enforce the subpoena in a district court
139	139	in this state. On a finding that good cause exists for issuing the
140	140	subpoena, the court shall order the person to comply with the
141	141	subpoena and may punish a person who fails to obey the court order.
142	142	(e) In addition to the inspector general's powers under
143	143	Subsection (d), the inspector general may coordinate with a local
144	144	law enforcement agency or the attorney general to seek a court order
145	145	to compel the preservation of evidence or obtain access to relevant
146	146	documents or information.
147	147	Sec. 7.156. DUTY TO INVESTIGATE EMPLOYEE MISCONDUCT;
148	148	REFERRAL OF FINDINGS OF MISCONDUCT. (a) Notwithstanding Section
149	149	21.062, the office has the exclusive duty and responsibility to
150	150	investigate allegations of employee misconduct described by
151	151	Section 21.006(b)(2)(A) or (A-1) or 22.093(c)(1)(A) or (B).
152	152	(b) Not later than the 120th day after the date on which an
153	153	investigation by the office into employee misconduct described by
154	154	Section 21.006(b)(2)(A) or (A-1) or 22.093(c)(1)(A) or (B) results
155	155	in a substantiated finding of misconduct, the inspector general
156	156	shall refer the findings for appropriate administrative action to:
157	157	(1) if the employee who engaged in the misconduct is an
158	158	educator, the State Board for Educator Certification; or
159	159	(2) if the employee who engaged in the misconduct is
160	160	not an educator, the commissioner.
161	161	(c) The State Board for Educator Certification or
162	162	commissioner, as applicable, shall determine the appropriate
163	163	administrative action to take under Subsection (b) based on the
164	164	applicable state law and rules governing standards for
165	165	certification and employee conduct.
166	166	(d) The inspector general shall adopt rules to implement
167	167	this section in accordance with Chapter 552, Government Code.
168	168	Sec. 7.157. MEMORANDUM OF UNDERSTANDING; REPORT. (a) The
169	169	inspector general, board, and attorney general shall enter into a
170	170	memorandum of understanding to develop and implement procedures
171	171	regarding allegations of fraud, waste, or abuse of agency money or
172	172	other violations of state or federal law. The memorandum of
173	173	understanding shall require:
174	174	(1) the inspector general and attorney general to:
175	175	(A) set priorities and guidelines regarding the
176	176	referral of matters from the inspector general to the attorney
177	177	general, including allegations of conduct that would constitute a
178	178	violation of or an offense under any of the following provisions:
179	179	(i) Section 21.006, 22.093, or 38.004,
180	180	Education Code;
181	181	(ii) Section 261.101, Family Code; or
182	182	(iii) Section 21.08, 21.11, 21.12, 21.15,
183	183	21.16, 22.04, 33.021, 43.25, or 43.26, Penal Code; and
184	184	(B) provide to the legislature for the purpose of
185	185	improving state law any requested information regarding a matter
186	186	that has been investigated and resolved under this subchapter;
187	187	(2) the inspector general to:
188	188	(A) refer to the attorney general an allegation
189	189	of fraud, waste, or abuse of agency money or other violation of
190	190	state law over which the attorney general has jurisdiction not
191	191	later than the 20th business day after the date on which the
192	192	allegation is substantiated; and
193	193	(B) keep detailed records regarding matters
194	194	handled by the office or referred to the attorney general,
195	195	including the total number of matters handled and with respect to
196	196	each matter:
197	197	(i) the entity, and, if applicable, the
198	198	division within the entity, to which the matter was referred;
199	199	(ii) the date on which the matter was
200	200	referred; and
201	201	(iii) the nature of the alleged fraud,
202	202	waste, or abuse of agency money or the provision of law that was
203	203	allegedly violated;
204	204	(3) the attorney general to:
205	205	(A) take appropriate action on each matter
206	206	referred from the inspector general under Subdivision (2); and
207	207	(B) notify the inspector general of the
208	208	disposition of each matter referred to the attorney general,
209	209	including matters that the attorney general declined to prosecute;
210	210	and
211	211	(4) representatives from the office of inspector
212	212	general and the office of the attorney general to meet at least
213	213	quarterly to share information regarding allegations under this
214	214	subchapter and to ensure the appropriate entities are investigating
215	215	each matter.
216	216	(b) Information exchanged between the inspector general,
217	217	board, attorney general, and legislature under this section does
218	218	not affect the confidentiality of the information under Chapter
219	219	552, Government Code.
220	220	(c) Not later than January 31 of each year, the inspector
221	221	general, board, and attorney general shall submit to the governor,
222	222	lieutenant governor, and speaker of the house of representatives a
223	223	report regarding the actions taken by each entity in relation to
224	224	this subchapter during the preceding calendar year. A report
225	225	required under this subsection may be consolidated with any other
226	226	report relating to the same subject matter that the entity is
227	227	required to submit under other law.
228	228	Sec. 7.158. FEES. The inspector general, board, or
229	229	attorney general may not assess or collect from a state agency any
230	230	investigation or attorney's fees relating to an action taken under
231	231	this subchapter unless the attorney general or a state agency
232	232	collects or receives a penalty fee, restitution, or other type of
233	233	monetary reimbursement to the state related to the action.
234	234	Sec. 7.159. DATABASE. The office shall develop and
235	235	maintain a database containing information regarding all
236	236	complaints, allegations, investigations, reviews, inspections, and
237	237	evaluations made to or conducted by the office. The database must
238	238	contain the following information concerning each complaint,
239	239	allegation, investigation, review, inspection, or evaluation, as
240	240	applicable:
241	241	(1) the date on which the complaint or allegation was
242	242	received or the investigation, review, inspection, or evaluation
243	243	was completed;
244	244	(2) the date on which the person who filed the
245	245	complaint or made the allegation was notified that the office
246	246	received the complaint or allegation;
247	247	(3) the name of the person filing the complaint or
248	248	making the allegation;
249	249	(4) the name of each educational entity and campus
250	250	facility involved in the complaint or allegation;
251	251	(5) the subject matter of the complaint, allegation,
252	252	investigation, review, inspection, or evaluation;
253	253	(6) the name of each person contacted by the office as
254	254	part of the investigation, review, inspection, or evaluation;
255	255	(7) a summary of each action taken in response to or as
256	256	part of the complaint, allegation, investigation, review,
257	257	inspection, or evaluation; and
258	258	(8) if the inspector general makes a determination not
259	259	to investigate or recommend corrective action in response to the
260	260	complaint or allegation, the reason for that determination.
261	261	Sec. 7.160. CONFIDENTIALITY; DISCLOSURE OF PERSONALLY
262	262	IDENTIFYING INFORMATION. (a) Except as otherwise provided by this
263	263	section, all reports, documents, and records of the office are
264	264	confidential and not subject to disclosure under Chapter 552,
265	265	Government Code.
266	266	(b) The office may not disclose the name or any other
267	267	personally identifiable information of a person who files a
268	268	complaint with or makes an allegation to the office or who is a
269	269	witness in an investigation unless the inspector general:
270	270	(1) obtains the written consent of the person; or
271	271	(2) determines during the course of an investigation
272	272	that disclosure of the information is necessary and unavoidable.
273	273	(c) If the inspector general makes the determination
274	274	described by Subsection (b)(2), the inspector general shall notify
275	275	each person whose information will be disclosed not later than the
276	276	seventh business day before the disclosure.
277	277	Sec. 7.161. SEMIANNUAL REPORT. (a) The inspector general
278	278	shall prepare and submit semiannually to the governor,
279	279	commissioner, board, and legislature a report on the office's
280	280	findings related to all investigations, reviews, inspections,
281	281	evaluations, and other actions conducted or taken by the office
282	282	during the preceding six months. The report may not include
283	283	findings related to an ongoing investigation involving possible
284	284	criminal conduct, and any personally identifying information must
285	285	be redacted from the report.
286	286	(b) A report under this section is confidential and not
287	287	subject to disclosure under Chapter 552, Government Code.
288	288	Sec. 7.162. INTERFERENCE PROHIBITED; OFFENSE. (a) An
289	289	elected official, a legislative body, the commissioner, the board,
290	290	or any other person may not impede, interfere with, or inhibit the
291	291	inspector general from initiating, conducting, or completing an
292	292	investigation, review, inspection, or evaluation or another power
293	293	granted to the office under this subchapter.
294	294	(b) A person commits an offense if the person knowingly:
295	295	(1) interferes with an investigation, review,
296	296	inspection, or evaluation conducted by the office; or
297	297	(2) with the intent to deceive, makes a false
298	298	statement that is material to an investigation, review, inspection,
299	299	or evaluation conducted by the office.
300	300	(c) An offense under this section is a Class B misdemeanor.
301	301	(d) The inspector general shall refer to the attorney
302	302	general, in accordance with the memorandum of understanding entered
303	303	into under Section 7.157, any conduct that may constitute a
304	304	violation of or an offense under this section.
305	305	SECTION 2. Section 21.006(a), Education Code, is amended by
306	306	adding Subdivisions (1-a) and (1-b) to read as follows:
307	307	(1-a) "Inspector general" means the inspector general
308	308	for education appointed under Subchapter E, Chapter 7.
309	309	(1-b) "Office of inspector general" means the office
310	310	of inspector general for education established under Subchapter E,
311	311	Chapter 7.
312	312	SECTION 3. Section 21.006, Education Code, is amended by
313	313	amending Subsections (b), (b-1), (b-2), (c), (d), (e), (f), (h),
314	314	(i), and (k) and adding Subsections (b-3) and (e-1) to read as
315	315	follows:
316	316	(b) In addition to the reporting requirement under Section
317	317	261.101, Family Code, [and except as provided by Subsection (c-2),]
318	318	the superintendent or director of a school district, district of
319	319	innovation, open-enrollment charter school, other charter entity,
320	320	regional education service center, or shared services arrangement
321	321	shall notify the State Board for Educator Certification in
322	322	accordance with Subsection (c) if:
323	323	(1) an educator employed by or seeking employment by
324	324	the school district, district of innovation, charter school, other
325	325	charter entity, service center, or shared services arrangement has
326	326	a criminal record and the school district, district of innovation,
327	327	charter school, other charter entity, service center, or shared
328	328	services arrangement obtained information about the educator's
329	329	criminal record by a means other than the criminal history
330	330	clearinghouse established under Section 411.0845, Government Code;
331	331	(2) an educator's employment at the school district,
332	332	district of innovation, charter school, other charter entity,
333	333	service center, or shared services arrangement was terminated and
334	334	there is evidence that the educator:
335	335	(A) abused or otherwise committed an unlawful act
336	336	with a student or minor;
337	337	(A-1) was involved in a romantic relationship
338	338	with or solicited or engaged in sexual contact with a student or
339	339	minor;
340	340	(B) possessed, transferred, sold, or distributed
341	341	a controlled substance, as defined by Chapter 481, Health and
342	342	Safety Code, or by 21 U.S.C. Section 801 et seq.;
343	343	(C) illegally transferred, appropriated, or
344	344	expended funds or other property of the school district, district
345	345	of innovation, charter school, other charter entity, service
346	346	center, or shared services arrangement;
347	347	(D) attempted by fraudulent or unauthorized
348	348	means to obtain or alter a professional certificate or license for
349	349	the purpose of promotion or additional compensation; or
350	350	(E) committed a criminal offense or any part of a
351	351	criminal offense on school property or at a school-sponsored event;
352	352	(3) the educator resigned and there is evidence that
353	353	the educator engaged in misconduct described by Subdivision (2);
354	354	(4) an investigation into misconduct by the educator
355	355	described by Subdivision (2) resulted in a substantiated finding
356	356	that the educator engaged in the misconduct;
357	357	(5) the educator pleaded guilty or nolo contendere to,
358	358	was convicted of, or was placed on deferred adjudication community
359	359	supervision for an offense arising out of an incident of misconduct
360	360	described by Subdivision (2); or
361	361	(6) [(4)] the educator engaged in conduct that
362	362	violated the assessment instrument security procedures established
363	363	under Section 39.0301.
364	364	(b-1) A superintendent or director of a school district,
365	365	district of innovation, open-enrollment charter school, other
366	366	charter entity, regional education service center, or shared
367	367	services arrangement or a county board of school trustees may not:
368	368	(1) investigate an allegation that [shall complete an
369	369	investigation of] an educator [that involves evidence that the
370	370	educator] may have engaged in misconduct described by Subsection
371	371	(b)(2)(A) or (A-1); or
372	372	(2) make any determination concerning whether an
373	373	investigation into an alleged incident of misconduct described by
374	374	Subsection (b) should be conducted by the office of inspector
375	375	general [, despite the educator's resignation from employment
376	376	before completion of the investigation].
377	377	(b-2) The principal of a school district, district of
378	378	innovation, open-enrollment charter school, or other charter
379	379	entity campus must notify the superintendent or director of the
380	380	school district, district of innovation, charter school, or other
381	381	charter entity not later than the second [seventh] business day
382	382	after the date:
383	383	(1) of an educator's termination of employment or
384	384	resignation following an alleged incident of misconduct described
385	385	by Subsection (b); [or]
386	386	(2) the principal knew about an educator's criminal
387	387	record under Subsection (b)(1);
388	388	(3) the principal was notified of a substantiated
389	389	finding of misconduct or a plea of guilty or nolo contendere to,
390	390	conviction of, or placement on deferred adjudication community
391	391	supervision for an offense arising out of the alleged incident of
392	392	misconduct as described by Subsection (b)(4) or (5); or
393	393	(4) the principal was notified or otherwise knew about
394	394	an allegation of misconduct described by Subsection (b)(2)(A) or
395	395	(A-1) that was referred to the office of inspector general.
396	396	(b-3) The superintendent or director of a school district,
397	397	district of innovation, open-enrollment charter school, other
398	398	charter entity, regional education service center, or shared
399	399	services arrangement or a county board of school trustees shall
400	400	notify the office of inspector general not later than 24 hours after
401	401	the date the superintendent or director becomes aware that an
402	402	educator is alleged to have engaged in misconduct described by
403	403	Subsection (b)(2)(A) or (A-1).
404	404	(c) The [Except as provided by Subsection (c-2), the]
405	405	superintendent or director must notify the State Board for Educator
406	406	Certification as required by Subsection (b) by filing a report with
407	407	the board not later than the second [seventh] business day after the
408	408	date the superintendent or director:
409	409	(1) receives notice [a report] from a principal under
410	410	Subsection (b-2);
411	411	(2) [or] knew about an educator's termination of
412	412	employment or resignation following an alleged incident of
413	413	misconduct described by Subsection (b) or an employee's criminal
414	414	record under Subsection (b)(1); or
415	415	(3) is notified of a substantiated finding of
416	416	misconduct or a plea of guilty or nolo contendere to, conviction of,
417	417	or placement on deferred adjudication community supervision for an
418	418	offense arising out of the alleged incident of misconduct as
419	419	described by Subsection (b)(4) or (5).
420	420	(d) Not later than the second business day after the date on
421	421	which the superintendent or director files a report required by
422	422	Subsection (c), the [The] superintendent or director shall notify
423	423	the board of trustees or governing body of the school district,
424	424	open-enrollment charter school, other charter entity, regional
425	425	education service center, or shared services arrangement and the
426	426	educator of the filing of the report [required by Subsection (c)].
427	427	(e) Except as provided by Subsection (e-1), a [A]
428	428	superintendent, director, or principal of a school district,
429	429	district of innovation, open-enrollment charter school, other
430	430	charter entity, regional education service center, or shared
431	431	services arrangement who in good faith and while acting in an
432	432	official capacity provides notice to the office of inspector
433	433	general under Subsection (b-3) or files a report with the State
434	434	Board for Educator Certification under this section or communicates
435	435	with another superintendent, director, or principal concerning an
436	436	educator's criminal record or alleged incident of misconduct is
437	437	immune from civil or criminal liability that might otherwise be
438	438	incurred or imposed.
439	439	(e-1) A superintendent, director, or principal of a school
440	440	district, district of innovation, open-enrollment charter school,
441	441	other charter entity, regional education service center, or shared
442	442	services arrangement is not immune from civil or criminal liability
443	443	that might otherwise be incurred or imposed if the superintendent,
444	444	director, or principal violates Subsection (b-1), (b-2), or (b-3)
445	445	or Section 22.0931.
446	446	(f) The State Board for Educator Certification shall
447	447	determine whether to impose sanctions, including an administrative
448	448	penalty under Subsection (i), against a principal who fails to
449	449	provide notification to a superintendent or director in violation
450	450	of Subsection (b-2) or against a superintendent or director who
451	451	violates [fails to file a report in violation of] Subsection (b-1),
452	452	(b-3), or (c) or Section 22.0931.
453	453	(h) The name of the campus and school district, district of
454	454	innovation, open-enrollment charter school, other charter entity,
455	455	regional education service center, or shared services arrangement
456	456	at which the alleged incident of misconduct occurred and the name of
457	457	a student or minor who is the victim of abuse or unlawful conduct by
458	458	an educator must be included in a report filed under this section,
459	459	but the name of the student or minor is not public information under
460	460	Chapter 552, Government Code.
461	461	(i) If an educator serving as a superintendent or director
462	462	is required to provide notice under Subsection (b-3) or Section
463	463	22.0931 or file a report under Subsection (c) of this section and
464	464	fails to provide notice or file the report by the date required by
465	465	the applicable provision [that subsection], or if an educator
466	466	serving as a principal is required to notify a superintendent or
467	467	director about an educator's criminal record or alleged incident of
468	468	misconduct under Subsection (b-2) and fails to provide the notice
469	469	by the date required by that subsection, the State Board for
470	470	Educator Certification may impose on the educator an administrative
471	471	penalty of not less than $1,000 [$500] and not more than $10,000.
472	472	The State Board for Educator Certification may not renew the
473	473	certification of an educator against whom an administrative penalty
474	474	is imposed under this subsection until the penalty is paid. In
475	475	addition to the administrative penalty, the State Board for
476	476	Educator Certification may:
477	477	(1) require the educator to complete additional
478	478	training on child abuse reporting and recognition within a time
479	479	period set by the board;
480	480	(2) issue a formal written reprimand of the educator
481	481	to be included in the educator's certification record;
482	482	(3) suspend the educator's certification for a period
483	483	of not less than 30 days and not more than six months; or
484	484	(4) recommend that the educator's employing entity
485	485	terminate the educator's employment.
486	486	(k) The commissioner shall routinely [may] review the
487	487	records of a school district, district of innovation,
488	488	open-enrollment charter school, other charter entity, regional
489	489	education service center, or shared services arrangement to ensure
490	490	compliance with the requirement to report misconduct under this
491	491	section.
492	492	SECTION 4. Section 22.093, Education Code, is amended by
493	493	amending Subsections (a), (c), (d), (e), (f), (g), (h), (i), (j),
494	494	and (l) and adding Subsections (e-1), (f-1), and (h-1) to read as
495	495	follows:
496	496	(a) In this section:
497	497	(1) "Abuse" [, "abuse"] has the meaning assigned by
498	498	Section 261.001, Family Code, and includes any sexual conduct
499	499	involving a student or minor.
500	500	(2) "Inspector general" and "office of inspector
501	501	general" have the meanings assigned by Section 21.006.
502	502	(c) In addition to the reporting requirement under Section
503	503	261.101, Family Code, the superintendent or director of a school
504	504	district, district of innovation, open-enrollment charter school,
505	505	other charter entity, regional education service center, or shared
506	506	services arrangement shall notify the commissioner in accordance
507	507	with Subsection (f) if:
508	508	(1) an employee's employment at the school district,
509	509	district of innovation, charter school, other charter entity,
510	510	service center, or shared services arrangement was terminated and
511	511	there is evidence that the employee:
512	512	(A) abused or otherwise committed an unlawful act
513	513	with a student or minor; [or]
514	514	(B) was involved in a romantic relationship with
515	515	or solicited or engaged in sexual contact with a student or minor;
516	516	(C) possessed, transferred, sold, or distributed
517	517	a controlled substance, as defined by Chapter 481, Health and
518	518	Safety Code, or by 21 U.S.C. Section 801 et seq.;
519	519	(D) illegally transferred, appropriated, or
520	520	expended funds or other property of the school district, district
521	521	of innovation, charter school, other charter entity, service
522	522	center, or shared services arrangement;
523	523	(E) attempted by fraudulent or unauthorized
524	524	means to obtain or alter a professional certificate or license for
525	525	the purpose of promotion or additional compensation; or
526	526	(F) committed a criminal offense or any part of a
527	527	criminal offense on school property or at a school-sponsored event;
528	528	[or]
529	529	(2) the employee resigned and there is evidence that
530	530	the employee engaged in misconduct described by Subdivision (1);
531	531	(3) an employee employed by or seeking employment by
532	532	the school district, district of innovation, charter school, other
533	533	charter entity, service center, or shared services arrangement
534	534	obtained information about the employee's criminal record by a
535	535	means other than the criminal history clearinghouse established
536	536	under Section 411.0845, Government Code;
537	537	(4) an investigation into misconduct by the employee
538	538	described by Subdivision (1) resulted in a substantiated finding
539	539	that the employee engaged in the misconduct; or
540	540	(5) the employee pleaded guilty or nolo contendere to,
541	541	was convicted of, or was placed on deferred adjudication community
542	542	supervision for an offense arising out of an incident of misconduct
543	543	described by Subdivision (1).
544	544	(d) A superintendent or director of a school district,
545	545	district of innovation, open-enrollment charter school, other
546	546	charter entity, regional education service center, or shared
547	547	services arrangement or a county board of school trustees may not:
548	548	(1) investigate an allegation that [shall complete an
549	549	investigation of] an employee [that involves evidence that the
550	550	employee] may have engaged in misconduct described by Subsection
551	551	(c)(1)(A) or (B); or
552	552	(2) make any determination concerning whether an
553	553	investigation into an alleged incident of misconduct described by
554	554	Subsection (c) should be conducted by the office of inspector
555	555	general [, despite the employee's resignation from employment
556	556	before completion of the investigation].
557	557	(e) The principal of a school district, district of
558	558	innovation, open-enrollment charter school, or other charter
559	559	entity campus must notify the superintendent or director of the
560	560	school district, district of innovation, charter school, or other
561	561	charter entity not later than the second [seventh] business day
562	562	after the date:
563	563	(1) of an employee's termination of employment or
564	564	resignation following an alleged incident of misconduct described
565	565	by Subsection (c)(1)(A) or (B);
566	566	(2) the principal knew about an employee's criminal
567	567	record under Subsection (c)(3);
568	568	(3) the principal was notified of a substantiated
569	569	finding of misconduct or a plea of guilty or nolo contendere to,
570	570	conviction of, or placement on deferred adjudication community
571	571	supervision for an offense arising out of the alleged incident of
572	572	misconduct as described by Subsection (c)(4) or (5); or
573	573	(4) the principal was notified of or otherwise knew
574	574	about an allegation of misconduct described by Subsection (c)(1)(A)
575	575	or (B) that was referred to the office of inspector general.
576	576	(e-1) The superintendent or director of a school district,
577	577	district of innovation, open-enrollment charter school, other
578	578	charter entity, regional education service center, or shared
579	579	services arrangement or a county board of school trustees shall
580	580	notify the office of inspector general not later than 24 hours after
581	581	the date the superintendent becomes aware that an employee is
582	582	alleged to have engaged in misconduct described by Subsection
583	583	(c)(1)(A) or (B).
584	584	(f) The superintendent or director must notify the
585	585	commissioner as required by Subsection (c) by filing a report with
586	586	the commissioner not later than the second [seventh] business day
587	587	after the date the superintendent or director:
588	588	(1) receives notice [a report] from a principal under
589	589	Subsection (e);
590	590	(2) [or] knew about an employee's termination of
591	591	employment or resignation following an alleged incident of
592	592	misconduct described by Subsection (c)(1)(A) or (B); or
593	593	(3) is notified of a substantiated finding of
594	594	misconduct or a plea of guilty or nolo contendere to, conviction of,
595	595	or placement on deferred adjudication community supervision for an
596	596	offense arising out of the alleged incident of misconduct as
597	597	described by Subsection (c)(4) or (5).
598	598	(f-1) The report under Subsection (f) must be:
599	599	(1) in writing; and
600	600	(2) in a form prescribed by the commissioner.
601	601	(g) Not later than the second business day after the date on
602	602	which the superintendent or director files a report required by
603	603	Subsection (f), the [The] superintendent or director shall notify
604	604	the board of trustees or governing body of the school district,
605	605	district of innovation, open-enrollment charter school, other
606	606	charter entity, regional education service center, or shared
607	607	services arrangement and the employee of the filing of the report
608	608	[required by Subsection (f)].
609	609	(h) Except as provided by Subsection (h-1), a [A]
610	610	superintendent or director who in good faith and while acting in an
611	611	official capacity provides notice to the office of inspector
612	612	general under Subsection (e-1) or files a report with the
613	613	commissioner under Subsection (f) or a principal who in good faith
614	614	and while acting in an official capacity notifies a superintendent
615	615	or director under Subsection (e) is immune from civil or criminal
616	616	liability that might otherwise be incurred or imposed.
617	617	(h-1) A superintendent, director, or principal of a school
618	618	district, district of innovation, open-enrollment charter school,
619	619	other charter entity, regional education service center, or shared
620	620	services arrangement is not immune from civil or criminal liability
621	621	that might otherwise be incurred or imposed if the superintendent,
622	622	director, or principal violates Subsection (d), (e), or (e-1) or
623	623	Section 22.0931.
624	624	(i) The commissioner shall refer to the State Board for
625	625	Educator Certification an educator who violates [fails to file a
626	626	report in violation of] Subsection (d), (e), (e-1), or (f) or
627	627	Section 22.0931 [to the State Board for Educator Certification],
628	628	and the board shall determine whether to impose sanctions against
629	629	the educator. The State Board for Educator Certification may impose
630	630	on the educator an administrative penalty of not less than $1,000
631	631	and not more than $10,000. The State Board for Educator
632	632	Certification may not renew the certification of an educator
633	633	against whom an administrative penalty is imposed under this
634	634	subsection until the penalty is paid. In addition to the
635	635	administrative penalty, the State Board for Educator Certification
636	636	may:
637	637	(1) require the educator to complete additional
638	638	training on child abuse reporting and recognition within a time
639	639	period set by the board;
640	640	(2) issue a formal written reprimand of the educator
641	641	to be included in the educator's certification record;
642	642	(3) suspend the educator's certification for a period
643	643	of not less than 30 days and not more than six months; or
644	644	(4) recommend that the educator's employing entity
645	645	terminate the educator's employment.
646	646	(j) The name of the campus and school district, district of
647	647	innovation, open-enrollment charter school, other charter entity,
648	648	regional education service center, or shared services arrangement
649	649	at which the alleged incident of misconduct occurred and the name of
650	650	a student or minor who is the victim of abuse or unlawful conduct by
651	651	an employee must be included in a report filed under this section,
652	652	but the name of the student or minor is not public information under
653	653	Chapter 552, Government Code.
654	654	(l) The commissioner shall routinely [may] review the
655	655	records of a school district, district of innovation,
656	656	open-enrollment charter school, other charter entity, regional
657	657	education service center, or shared services arrangement to ensure
658	658	compliance with the requirement to report misconduct under this
659	659	section.
660	660	SECTION 5. Section 21.0061, Education Code, is transferred
661	661	to Subchapter C-1, Chapter 22, Education Code, redesignated as
662	662	Section 22.0931, Education Code, and amended to read as follows:
663	663	Sec. 22.0931 [21.0061]. NOTICE AND PROVISION OF
664	664	INVESTIGATIVE REPORT TO PARENT OR GUARDIAN ABOUT EMPLOYEE
665	665	[EDUCATOR] MISCONDUCT; TRANSFER OF STUDENT. (a) The board of
666	666	trustees or governing body of a school district, district of
667	667	innovation, open-enrollment charter school, other charter entity,
668	668	regional education service center, or shared services arrangement
669	669	or a county board of school trustees shall adopt a policy under
670	670	which notice is provided to the parent or guardian of a student with
671	671	whom an employee [educator] is alleged to have engaged in
672	672	misconduct described by Section 21.006(b)(2)(A) or (A-1) or
673	673	22.093(c)(1)(A) or (B) informing the parent or guardian:
674	674	(1) that the alleged misconduct occurred;
675	675	(2) whether the employee [educator] was terminated
676	676	following an investigation of the alleged misconduct or resigned
677	677	before completion of the investigation; and
678	678	(3) whether a report was submitted to the State Board
679	679	for Educator Certification or commissioner concerning the alleged
680	680	misconduct.
681	681	(b) The policy required by this section:
682	682	(1) must require that information specified by
683	683	Subsection (a)(1) be provided verbally and in writing to the parent
684	684	or guardian not later than the end of the business day on which [as
685	685	soon as feasible after] the employing entity becomes aware that
686	686	alleged misconduct may have occurred; and
687	687	(2) may establish procedures for providing the
688	688	notification by the least intrusive methods and including options
689	689	of care for the student.
690	690	(c) Not later than the 120th day after the date on which the
691	691	office of inspector general concludes an investigation of an
692	692	alleged incident of misconduct described by Section
693	693	21.006(b)(2)(A) or (A-1) or 22.093(c)(1)(A) or (B), the inspector
694	694	general shall provide to the parent or guardian of the student with
695	695	whom the employee was alleged to have engaged in the misconduct a
696	696	redacted summary report of the investigation, regardless of whether
697	697	the inspector general referred the matter to the attorney general
698	698	or another law enforcement agency. The inspector general shall
699	699	adopt rules to implement this section in accordance with Chapter
700	700	552, Government Code.
701	701	(d) On request of a parent or guardian of a student with whom
702	702	an employee is alleged to have engaged in misconduct described by
703	703	Section 21.006(b)(2)(A) or (A-1) or 22.093(c)(1)(A) or (B), the
704	704	school district, district of innovation, open-enrollment charter
705	705	school, or other charter entity at which the student is enrolled
706	706	shall transfer the student to another district or school campus or a
707	707	neighboring school district. The district, school, or entity shall
708	708	explore options to provide at no expense to the student
709	709	transportation to and from the campus to which the student is
710	710	transferred.
711	711	(e) [(c)] In this section, "inspector general," "office of
712	712	inspector general," and "other charter entity" have [has] the
713	713	meanings [meaning] assigned by Section 21.006.
714	714	SECTION 6. Subchapter C-1, Chapter 22, Education Code, is
715	715	amended by adding Sections 22.0932 and 22.098 to read as follows:
716	716	Sec. 22.0932. REFERRAL OF EMPLOYEE MISCONDUCT ALLEGATIONS
717	717	TO OFFICE OF INSPECTOR GENERAL. (a) In this section, "office of
718	718	inspector general" has the meaning assigned by Section 21.006.
719	719	(b) Not later than 24 hours after receipt of an allegation
720	720	of misconduct described by Section 21.006(b)(2)(A) or (A-1) or
721	721	22.093(c)(1)(A) or (B) by an employee of a school district,
722	722	district of innovation, open-enrollment charter school, other
723	723	charter entity, regional education service center, or shared
724	724	services arrangement, the agency shall refer the allegation to the
725	725	office of inspector general.
726	726	(c) Not later than the second business day after the agency
727	727	refers an allegation under Subsection (b), the agency shall notify
728	728	the person who submitted the allegation to the agency of the
729	729	referral.
730	730	Sec. 22.098. RETALIATION FOR REPORTING EMPLOYEE MISCONDUCT
731	731	PROHIBITED. (a) For purposes of this section, an act of
732	732	retaliation includes:
733	733	(1) an adverse action affecting:
734	734	(A) the enrollment, attendance, or academic
735	735	standing of a student; or
736	736	(B) the employment or volunteering opportunities
737	737	available to a parent or guardian of a student at the educational
738	738	entity; and
739	739	(2) any act of intimidation, threat, coercion, or
740	740	harassment.
741	741	(b) The superintendent or director of a school district,
742	742	district of innovation, open-enrollment charter school, other
743	743	charter entity, regional education service center, or shared
744	744	services arrangement or a county board of school trustees may not
745	745	retaliate against an employee, a parent or guardian of a student, or
746	746	a student who:
747	747	(1) reports an alleged incident of misconduct
748	748	described by Section 21.006(b) or 22.093(c); or
749	749	(2) testifies, assists, or participates in any manner
750	750	in an investigation or proceeding related to an alleged incident of
751	751	misconduct described by Section 21.006(b) or 22.093(c).
752	752	SECTION 7. Section 22.094, Education Code, is amended by
753	753	amending Subsections (b), (d), (e), (f), and (g) and adding
754	754	Subsection (i) to read as follows:
755	755	(b) On receiving a report filed under Section 22.093(f) or
756	756	making an identification described by Subsection (a), the
757	757	commissioner shall promptly send to the person who is the subject of
758	758	the report or identification a notice that includes:
759	759	(1) a statement informing the person that the person
760	760	must request a hearing on the merits of the allegations of
761	761	misconduct within the period provided by Subsection (c);
762	762	(2) a request that the person submit a written
763	763	response within the period provided by Subsection (c) to show cause
764	764	why the office of inspector general [commissioner] should not
765	765	pursue an investigation; and
766	766	(3) a statement informing the person that if the
767	767	person does not timely submit a written response to show cause as
768	768	provided by Subdivision (2), the agency shall provide information
769	769	indicating the person is under investigation in the manner provided
770	770	by Subsection (d).
771	771	(d) If a person who receives notice provided under
772	772	Subsection (b) does not timely submit a written response to show
773	773	cause why the office of inspector general [commissioner] should not
774	774	pursue an investigation, the commissioner shall instruct the agency
775	775	to make available through the Internet portal developed and
776	776	maintained by the agency under Section 22.095 information
777	777	indicating that the person is under investigation for alleged
778	778	misconduct.
779	779	(e) If a person entitled to a hearing under Subsection (a)
780	780	does not request a hearing as provided by Subsection (c), the
781	781	inspector general [commissioner] shall:
782	782	(1) based on the report filed under Section 22.093(f)
783	783	or the identification described by Subsection (a) and the office of
784	784	inspector general's investigation, make a determination whether
785	785	the person engaged in misconduct; and
786	786	(2) if the inspector general [commissioner]
787	787	determines that the person engaged in misconduct described by
788	788	Section 22.093(c)(1)(A) or (B), instruct the agency to add the
789	789	person's name to the registry maintained under Section 22.092.
790	790	(f) If a person entitled to a hearing under Subsection (a)
791	791	requests a hearing as provided by Subsection (c) and, based on that
792	792	hearing and the office of inspector general's investigation, the
793	793	inspector general [final decision in that hearing] determines that
794	794	the person engaged in misconduct described by Section
795	795	22.093(c)(1)(A) or (B), the inspector general [commissioner] shall
796	796	instruct the agency to add the person's name to the registry
797	797	maintained under Section 22.092.
798	798	(g) If a person entitled to a hearing under Subsection (a)
799	799	requests a hearing as provided by Subsection (c) and, based on that
800	800	hearing and the office of inspector general's investigation, the
801	801	inspector general [final decision in that hearing] determines that
802	802	the person did not engage in misconduct described by Section
803	803	22.093(c)(1)(A) or (B), the inspector general [commissioner] shall
804	804	instruct the agency to immediately remove from the Internet portal
805	805	developed and maintained by the agency under Section 22.095 the
806	806	information indicating that the person is under investigation for
807	807	alleged misconduct.
808	808	(i) In this section, "inspector general" and "office of
809	809	inspector general" have the meanings assigned by Section 21.006.
810	810	SECTION 8. Section 21.006(c-2), Education Code, is
811	811	repealed.
812	812	SECTION 9. This Act takes effect January 1, 2026.