Texas 2025 - 89th Regular

Texas Senate Bill SB2667 Compare Versions

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

Old	New	Differences
1	1	89R13384 MEW-D
2	2	By: Hinojosa of Hidalgo S.B. No. 2667
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the reporting of private school educator misconduct;
10	10	providing an administrative penalty; creating a criminal offense.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 21.0061(a), Education Code, is amended
13	13	to read as follows:
14	14	(a) The board of trustees or governing body of a school
15	15	district, district of innovation, private school, open-enrollment
16	16	charter school, other charter entity, regional education service
17	17	center, or shared services arrangement shall adopt a policy under
18	18	which notice is provided to the parent or guardian of a student with
19	19	whom an educator is alleged to have engaged in misconduct described
20	20	by Section 21.006(b)(2)(A) or (A-1) or Section 21.0062(b)(2)(A) or
21	21	(B), as applicable, informing the parent or guardian:
22	22	(1) that the alleged misconduct occurred;
23	23	(2) whether the educator was terminated following an
24	24	investigation of the alleged misconduct or resigned before
25	25	completion of the investigation; and
26	26	(3) whether a report was submitted to the State Board
27	27	for Educator Certification concerning the alleged misconduct.
28	28	SECTION 2. Section 21.0062(a)(2), Education Code, is
29	29	amended to read as follows:
30	30	(2) "Private school educator" means a person employed
31	31	by [or seeking employment in] a private school for a position in
32	32	which the person would be required to hold a certificate issued
33	33	under Subchapter B if the person were employed by a school district.
34	34	SECTION 3. Section 21.0062, Education Code, is amended by
35	35	amending Subsections (b), (c), (d), and (e) and adding Subsections
36	36	(e-1), (e-2), (g-1), (g-2), (j), (k), and (l) to read as follows:
37	37	(b) In addition to the reporting requirement under Section
38	38	261.101, Family Code, and except as provided by Subsection (e-1),
39	39	the chief administrative officer of a private school shall notify
40	40	the State Board for Educator Certification if:
41	41	(1) a private school educator[:
42	42	[(1)] or a person seeking employment at the school for
43	43	a position in which the person would be required to hold a
44	44	certificate issued under Subchapter B if the person were employed
45	45	by a school district has a criminal record and the [private] school
46	46	obtained information about the educator's criminal record; or
47	47	(2) a private school educator resigned or was
48	48	terminated and there is evidence that the educator:
49	49	(A) abused or otherwise committed an unlawful act
50	50	with a student or minor; [or]
51	51	(B) was involved in a romantic relationship with
52	52	or solicited or engaged in sexual contact with a student or minor;
53	53	(C) possessed, transferred, sold, or distributed
54	54	a controlled substance, as defined by Chapter 481, Health and
55	55	Safety Code, or by 21 U.S.C. Section 801 et seq.;
56	56	(D) illegally transferred, appropriated, or
57	57	expended funds or other property of the school;
58	58	(E) attempted by fraudulent or unauthorized
59	59	means to obtain or alter a professional certificate or license for
60	60	the purpose of promotion or additional compensation; or
61	61	(F) committed a criminal offense or any part of a
62	62	criminal offense on school property or at a school-sponsored event.
63	63	(c) If there is evidence that a private school educator may
64	64	have engaged in misconduct described by Subsection (b)(2)(A) or
65	65	(B), the chief administrative officer of the private school shall
66	66	complete an investigation, regardless of whether [(b) and] the
67	67	educator resigns from employment before completion of the
68	68	investigation[, the chief administrative officer of the private
69	69	school shall submit the evidence of misconduct collected to the
70	70	State Board for Educator Certification].
71	71	(d) Except as provided by Subsection (e-1), the [The] chief
72	72	administrative officer of the private school must notify the State
73	73	Board for Educator Certification by filing a report with the board
74	74	not later than the seventh business day after the date the chief
75	75	administrative officer knew that a private school educator:
76	76	(1) has a criminal record under Subsection (b)(1); or
77	77	(2) was terminated following an alleged incident of
78	78	misconduct described by Subsection (b)(2).
79	79	(e) The report filed under Subsection (d):
80	80	(1) must be:
81	81	(A) [(1)] in writing; and
82	82	(B) [(2)] in a form prescribed by the board; and
83	83	(2) may be filed through the Internet portal developed
84	84	and maintained by the State Board for Educator Certification under
85	85	Subsection (g-2).
86	86	(e-1) The chief administrative officer of a private school
87	87	is not required to notify the State Board for Educator
88	88	Certification or file a report with the board under Subsection (b)
89	89	or (d) if the officer:
90	90	(1) completes an investigation into a private school
91	91	educator's alleged incident of misconduct described by Subsection
92	92	(b)(2)(A) or (B) before the educator's termination of employment or
93	93	resignation; and
94	94	(2) determines the private school educator did not
95	95	engage in the alleged incident of misconduct described by
96	96	Subsection (b)(2)(A) or (B).
97	97	(e-2) The chief administrative officer shall notify the
98	98	governing body of the private school and the educator of the filing
99	99	of the report required by Subsection (d).
100	100	(g-1) The State Board for Educator Certification shall
101	101	determine whether to impose sanctions, including an administrative
102	102	penalty under Subsection (j), against a chief administrative
103	103	officer who fails to file a report in violation of Subsection (d).
104	104	(g-2) The State Board for Educator Certification shall
105	105	develop and maintain an Internet portal through which a report
106	106	required under Subsection (d) may be confidentially and securely
107	107	filed.
108	108	(j) If an educator serving as a chief administrative officer
109	109	is required to file a report under Subsection (d) and fails to file
110	110	the report by the date required by that subsection, the State Board
111	111	for Educator Certification may impose on the educator an
112	112	administrative penalty of not less than $500 and not more than
113	113	$10,000. The State Board for Educator Certification may not renew
114	114	the certification of an educator against whom an administrative
115	115	penalty is imposed under this subsection until the penalty is paid.
116	116	(k) A chief administrative officer required to file a report
117	117	under Subsection (d) commits an offense if the officer fails to file
118	118	the report by the date required by that subsection with intent to
119	119	conceal a private school educator's criminal record or alleged
120	120	incident of misconduct. An offense under this subsection is a state
121	121	jail felony.
122	122	(l) The commissioner may review the records of a private
123	123	school to ensure compliance with the requirement to report
124	124	misconduct under this section.
125	125	SECTION 4. Subchapter A, Chapter 21, Education Code, is
126	126	amended by adding Section 21.0063 to read as follows:
127	127	Sec. 21.0063. ACCESS TO REPORTS OF ALLEGED
128	128	MISCONDUCT. (a) In this section, "educator" includes a person
129	129	defined as a private school educator under Section 21.0062(a).
130	130	(b) The State Board for Educator Certification shall
131	131	provide private schools and public schools equivalent access to
132	132	reports made under this subchapter concerning the criminal record
133	133	or alleged misconduct of an educator.
134	134	SECTION 5. This Act takes effect September 1, 2025.