Texas 2025 - 89th Regular

Texas Senate Bill SB408 Compare Versions

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

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1	1	89R4876 MEW-F
2	2	By: Middleton S.B. No. 408
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the appointment of an inspector general for education
10	10	and the creation of a division of inspector general for education in
11	11	the governor's office to investigate the administration of public
12	12	education.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 37.1082, Education Code, is amended by
15	15	adding Subsection (a-1) to read as follows:
16	16	(a-1) The commissioner may appoint the inspector general
17	17	for education established under Chapter 453, Government Code, as a
18	18	conservator for purposes of Subsection (a).
19	19	SECTION 2. The heading to Section 37.1085, Education Code,
20	20	is amended to read as follows:
21	21	Sec. 37.1085. INTERVENTIONS [ASSIGNMENT OF CONSERVATOR]
22	22	FOR NONCOMPLIANCE WITH SCHOOL SAFETY AND SECURITY REQUIREMENTS.
23	23	SECTION 3. Section 37.1085, Education Code, is amended by
24	24	amending Subsection (c) and adding Subsection (d) to read as
25	25	follows:
26	26	(c) Subsections (a) and (b) do [This section does] not apply
27	27	to a school district's failure to comply with Section 37.0814 or a
28	28	good cause exception claimed under that section.
29	29	(d) If the division of inspector general for education
30	30	established under Chapter 453, Government Code, makes a finding of
31	31	fact under Section 453.051(c)(6), Government Code, that a school
32	32	district, an open-enrollment charter school, a regional education
33	33	service center, or another local education agency committed a
34	34	violation of a school safety and security requirement, the
35	35	commissioner may take control of the management, or any part of the
36	36	management, of the entity that committed the violation.
37	37	SECTION 4. Section 39.003(a), Education Code, is amended to
38	38	read as follows:
39	39	(a) The commissioner may authorize special investigations
40	40	to be conducted:
41	41	(1) when excessive numbers of absences of students
42	42	eligible to be tested on state assessment instruments are
43	43	determined;
44	44	(2) when excessive numbers of allowable exemptions
45	45	from the required state assessment instruments are determined;
46	46	(3) in response to complaints submitted to the agency
47	47	with respect to alleged violations of civil rights or other
48	48	requirements imposed on the state by federal law or court order;
49	49	(4) in response to established compliance reviews of
50	50	the district's financial accounting practices and state and federal
51	51	program requirements;
52	52	(5) when extraordinary numbers of student placements
53	53	in disciplinary alternative education programs, other than
54	54	placements under Sections 37.006 and 37.007, are determined;
55	55	(6) in response to an allegation involving a conflict
56	56	between members of the board of trustees or between the board and
57	57	the district administration if it appears that the conflict
58	58	involves a violation of a role or duty of the board members or the
59	59	administration clearly defined by this code;
60	60	(7) when excessive numbers of students in special
61	61	education programs under Subchapter A, Chapter 29, are assessed
62	62	through assessment instruments developed or adopted under Section
63	63	39.023(b);
64	64	(8) in response to an allegation regarding or an
65	65	analysis using a statistical method result indicating a possible
66	66	violation of an assessment instrument security procedure
67	67	established under Section 39.0301, including for the purpose of
68	68	investigating or auditing a school district under that section;
69	69	(9) when a significant pattern of decreased academic
70	70	performance has developed as a result of the promotion in the
71	71	preceding two school years of students who did not perform
72	72	satisfactorily as determined by the commissioner under Section
73	73	39.0241(a) on assessment instruments administered under Section
74	74	39.023(a), (c), or (l);
75	75	(10) when excessive numbers of students eligible to
76	76	enroll fail to complete an Algebra II course or any other advanced
77	77	course as determined by the commissioner;
78	78	(11) when resource allocation practices as evaluated
79	79	under Section 39.0821 indicate a potential for significant
80	80	improvement in resource allocation;
81	81	(12) when a disproportionate number of students of a
82	82	particular demographic group is graduating with a particular
83	83	endorsement under Section 28.025(c-1);
84	84	(13) when an excessive number of students is
85	85	graduating with a particular endorsement under Section
86	86	28.025(c-1);
87	87	(14) in response to a complaint submitted to the
88	88	agency with respect to alleged inaccurate data that is reported
89	89	through the Public Education Information Management System (PEIMS)
90	90	or through other reports required by state or federal law or rule or
91	91	court order and that is used by the agency to make a determination
92	92	relating to public school accountability, including accreditation,
93	93	under this chapter;
94	94	(15) when 10 percent or more of the students
95	95	graduating in a particular school year from a particular high
96	96	school campus are awarded a diploma based on the determination of an
97	97	individual graduation committee under Section 28.0258;
98	98	(16) when a school district for any reason fails to
99	99	produce, at the request of the agency, evidence or an investigation
100	100	report relating to an educator who is under investigation by the
101	101	State Board for Educator Certification; [or]
102	102	(17) by the division of inspector general for
103	103	education established under Chapter 453, Government Code, for the
104	104	purpose of investigating allegations of:
105	105	(A) fraud, waste, and abuse in the administration
106	106	of public education; and
107	107	(B) violations, including violations by school
108	108	district employees, representatives, and contractors, of:
109	109	(i) school safety and security requirements
110	110	under Sections 37.108, 37.1081, and 37.109; or
111	111	(ii) other provisions of this code or other
112	112	law; or
113	113	(18) as the commissioner otherwise determines
114	114	necessary.
115	115	SECTION 5. Subtitle D, Title 4, Government Code, is amended
116	116	by adding Chapter 453 to read as follows:
117	117	CHAPTER 453. INSPECTOR GENERAL FOR EDUCATION
118	118	SUBCHAPTER A. GENERAL PROVISIONS
119	119	Sec. 453.001. DEFINITIONS. In this chapter:
120	120	(1) "Division" means the division of inspector general
121	121	for education established under this chapter.
122	122	(2) "Fraud" means an intentional deception or
123	123	misrepresentation made by a person with the knowledge that the
124	124	deception or misrepresentation could result in some unauthorized
125	125	benefit to that person or some other person. The term includes any
126	126	act that constitutes fraud under applicable federal or state law.
127	127	(3) "Local education agency" includes a school
128	128	district or county system described by Subchapter G, Chapter 11,
129	129	Education Code.
130	130	Sec. 453.002. DIVISION OF INSPECTOR GENERAL FOR EDUCATION.
131	131	(a) The division of inspector general for education is established
132	132	in the office of the governor.
133	133	(b) The governor shall appoint an inspector general to serve
134	134	as director of the division. The inspector general serves until
135	135	removed by the governor.
136	136	(c) The office of the governor shall provide staff and
137	137	administrative resources and support services as necessary to
138	138	ensure investigations and reviews authorized by this chapter are
139	139	conducted expeditiously.
140	140	SUBCHAPTER B. POWERS AND DUTIES
141	141	Sec. 453.051. GENERAL RESPONSIBILITIES. (a) The division
142	142	is responsible for:
143	143	(1) the investigation, prevention, and detection of
144	144	wrongdoing and fraud, waste, and abuse in the administration of
145	145	public education by school districts, open-enrollment charter
146	146	schools, regional education service centers, and other local
147	147	education agencies in this state;
148	148	(2) the investigation of violations of school safety
149	149	and security requirements and other provisions of the Education
150	150	Code or other law by entities described by Subdivision (1); and
151	151	(3) at the discretion of the division, the
152	152	investigation of complaints received from public school students
153	153	and parents regarding issues involving an entity described by
154	154	Subdivision (1).
155	155	(b) The division may investigate allegations of:
156	156	(1) fraud, waste, and abuse; and
157	157	(2) violations of:
158	158	(A) school safety and security requirements
159	159	under Sections 37.108, 37.1081, and 37.109, Education Code; or
160	160	(B) any other provision of the Education Code or
161	161	other law.
162	162	(c) The division may:
163	163	(1) conduct civil and administrative investigations
164	164	and initiate reviews of a school district, an open-enrollment
165	165	charter school, a regional education service center, or another
166	166	local education agency as considered appropriate by the inspector
167	167	general;
168	168	(2) conduct audits of the use of money, including
169	169	money used for school security, by an entity described by
170	170	Subdivision (1);
171	171	(3) receive complaints from any source and investigate
172	172	those complaints on the division's own initiative;
173	173	(4) conduct special investigations authorized by the
174	174	commissioner of education under Section 39.003(a), Education Code;
175	175	(5) review public school safety and security audits
176	176	conducted under Section 37.108, Education Code;
177	177	(6) make findings of fact that an entity described by
178	178	Subdivision (1) or an employee or agent of that entity committed an
179	179	act of wrongdoing, fraud, waste, or abuse in the administration of
180	180	public education or a violation of a school safety and security
181	181	requirement and take appropriate action as determined by the
182	182	governor in consultation with the commissioner of education,
183	183	regardless of any time requirement relating to the action under
184	184	Chapter 8, 12, or 39A, Education Code; and
185	185	(7) notwithstanding Subdivision (6), on a finding of a
186	186	violation of a school safety and security requirement, including a
187	187	requirement relating to a school district's or open-enrollment
188	188	charter school's multihazard emergency operations plan, by an
189	189	entity described by that subdivision, prescribe binding corrective
190	190	or disciplinary action, including timelines for those actions, to
191	191	be taken.
192	192	(d) The governor may order the division to conduct a
193	193	forensic audit of any school district, open-enrollment charter
194	194	school, regional education service center, or other local education
195	195	agency in this state. The entity for which the audit was ordered
196	196	shall pay the costs of the audit.
197	197	(e) The division shall perform all other duties and exercise
198	198	all other powers granted to the division by this chapter or other
199	199	law.
200	200	Sec. 453.052. GENERAL POWERS. (a) The division has all the
201	201	powers necessary or appropriate to carry out its responsibilities
202	202	and functions under this chapter and other law.
203	203	(b) Subject to Subsection (c), in conducting an
204	204	investigation under this chapter of the board of trustees of a
205	205	school district, the governing body of an open-enrollment charter
206	206	school, the board of directors of a regional education service
207	207	center or another local education agency, or the executive
208	208	leadership of any of those entities, the division may:
209	209	(1) attend any meeting or proceeding of the applicable
210	210	entity, including a meeting or proceeding that is closed to the
211	211	public, except for a private consultation of the entity with its
212	212	attorney permitted under Section 551.071; and
213	213	(2) inspect the records, documents, and files of the
214	214	applicable entity, including any record, document, or file that is
215	215	not subject to public disclosure under Chapter 552 or other law.
216	216	(c) The division's authority under Subsection (b) applies
217	217	only to a meeting, a proceeding, or information that is relevant to
218	218	the discovery of relevant information regarding an allegation of
219	219	wrongdoing or a violation of the Education Code or other law or of
220	220	fraud, waste, or abuse in the administration of public education by
221	221	a person or entity described by Subsection (b). The division may not
222	222	inspect a record, document, or file that is a privileged
223	223	communication between an individual and the individual's attorney.
224	224	(d) The inspection or disclosure of a record, document, or
225	225	file for purposes of an investigation under this chapter is not a
226	226	voluntary disclosure under Section 552.007. A record, document, or
227	227	file made available to the division for purposes of an
228	228	investigation under this chapter is not subject to public
229	229	disclosure by the division.
230	230	(e) The division may, for purposes of conducting an
231	231	investigation under this chapter, access any information under the
232	232	agency's control, including information contained in the Public
233	233	Education Information Management System (PEIMS) and information
234	234	relating to school disciplinary records.
235	235	Sec. 453.053. SUBPOENAS. (a) The inspector general may
236	236	issue a subpoena to compel the attendance of a relevant witness at a
237	237	hearing or deposition under this chapter or to compel the
238	238	production, for inspection or copying, of books, papers, records,
239	239	documents, or other relevant materials, including electronic data,
240	240	in connection with an investigation, review, hearing, or deposition
241	241	conducted under this chapter.
242	242	(b) A subpoena may be served personally or by certified
243	243	mail. If a person fails to comply with a subpoena, the inspector
244	244	general, acting through the attorney general, may file suit to
245	245	enforce the subpoena in a district court in this state.
246	246	(c) On finding that good cause exists for issuing the
247	247	subpoena, the court shall order the person to comply with the
248	248	subpoena. The court may hold in contempt a person who fails to obey
249	249	the court order.
250	250	Sec. 453.054. COOPERATION WITH OTHER ENTITIES. The
251	251	division may refer matters for further civil and administrative
252	252	action to appropriate administrative agencies, including the
253	253	attorney general.
254	254	SECTION 6. This Act takes effect immediately if it receives
255	255	a vote of two-thirds of all the members elected to each house, as
256	256	provided by Section 39, Article III, Texas Constitution. If this
257	257	Act does not receive the vote necessary for immediate effect, this
258	258	Act takes effect September 1, 2025.