Patterson Inspector General Bill Gives A Governor Pick Subpoena Power

The text as introduced · 1,934 words

89R7779 MEW-D

By: Patterson
H.B. No. 1456

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the office of inspector general at the

Texas Education Agency to investigate complaints by parents of

children enrolled in public school.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle E, Title 2, Education Code, is amended

by adding Chapter 26A to read as follows:

CHAPTER 26A. OFFICE OF INSPECTOR GENERAL

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 26A.001. DEFINITION. In this chapter, "office" means

the office of inspector general established under this chapter.

Sec. 26A.002. OFFICE OF INSPECTOR GENERAL. (a) The office

of inspector general is established as a division within the

agency.

(b) The governor shall appoint an inspector general to serve

as director of the office. The inspector general serves until

removed by the governor.

(c) The agency shall provide staff and administrative

resources and support services as necessary to ensure

investigations authorized by this chapter are conducted

expeditiously.

SUBCHAPTER B. POWERS AND DUTIES

Sec. 26A.051. GENERAL RESPONSIBILITIES. (a) The office is

responsible for the investigation of complaints received from

parents of children enrolled in public school regarding issues

involving the agency, the State Board of Education, or a school

district or open-enrollment charter school.

(b) The office may:

(1) receive and investigate complaints from parents of

children enrolled in public school regarding unethical conduct or a

violation of state or federal law relating to public education or

agency procedure or policy by:

(A) the agency, the State Board of Education, or

a school district or open-enrollment charter school; or

(B) an employee of the agency, the State Board of

Education, or a school district or open-enrollment charter school;

(2) conduct special investigations authorized by the

commissioner under Section 39.003(a); and

(3) make findings of fact that the agency, the State

Board of Education, a school district, or an open-enrollment

charter school or an employee of the entity engaged in unethical

conduct or a violation of state or federal law and take appropriate

action as determined by the commissioner, regardless of any time

requirement relating to the action under Chapter 12 or 39A.

(c) The office shall perform all other duties and exercise

all other powers granted to the office by this chapter or other law.

Sec. 26A.052. GENERAL POWERS. (a) The office has all the

powers necessary or appropriate to carry out its responsibilities

and functions under this chapter and other law.

(b) Subject to Subsection (c), in conducting an

investigation under this chapter of the board of trustees of a

school district or the governing body of an open-enrollment charter

school, the office may:

(1) attend any meeting or proceeding of the district

or school, including a meeting or proceeding that is closed to the

public, except for a private consultation of the entity with its

attorney permitted under Section 551.071, Government Code; and

(2) inspect the records, documents, and files of the

district or school, including any record, document, or file that is

not subject to public disclosure under Chapter 552, Government

Code, or other law.

(c) The office's authority under Subsection (b) applies

only to a meeting, a proceeding, or information that is relevant to

the discovery of relevant information regarding an allegation of

unethical conduct or a violation of state or federal law. The

office may not inspect a record, document, or file that is a

privileged communication between an individual and the

individual's attorney.

(d) The inspection or disclosure of a record, document, or

file for purposes of an investigation under this chapter is not a

voluntary disclosure under Section 552.007, Government Code. A

record, document, or file made available to the office for purposes

of an investigation under this chapter is not subject to public

disclosure by the office.

Sec. 26A.053. INVESTIGATION OF UNREPORTED VIOLATIONS. If,

during the investigation of a complaint, the inspector general

discovers unreported unethical conduct or violations described by

Section 26A.051(b)(1), the inspector general shall open a new

investigation for each unreported occurrence of unethical conduct

or violation.

Sec. 26A.054. SUBPOENAS. (a) The inspector general may

issue a subpoena to compel the attendance of a relevant witness at a

hearing or deposition under this chapter or to compel the

production, for inspection or copying, of books, papers, records,

documents, or other relevant materials, including electronic data,

in connection with an investigation, review, hearing, or deposition

conducted under this chapter.

(b) A subpoena may be served personally or by certified

mail. If a person fails to comply with a subpoena, the inspector

general, acting through the attorney general, may file suit to

enforce the subpoena in a district court in this state.

(c) On finding that good cause exists for issuing the

subpoena, the court shall order the person to comply with the

subpoena. The court may hold in contempt a person who fails to obey

the court order.

Sec. 26A.055. COOPERATION WITH OTHER ENTITIES. The office

may refer matters for further civil and administrative action to

appropriate administrative agencies, including the attorney

general.

Sec. 26A.056. CONFIDENTIALITY. (a) Information received

by the office regarding a complaint is confidential and not subject

to disclosure under Chapter 552, Government Code. The office shall

maintain the information in a manner that preserves the

information's confidentiality.

(b) The disclosure of confidential information to the

office under this chapter does not constitute a waiver of

confidentiality. Any information disclosed to the office under this

chapter remains confidential and privileged following disclosure.

(c) This section does not prohibit the office from

communicating with the agency, the State Board of Education, or a

school district or open-enrollment charter school regarding

confidential information disclosed to the office by the agency,

board, district, or school.

Sec. 26A.057. RETALIATION PROHIBITED. (a) The agency, a

school district, or an open-enrollment charter school may not

retaliate against:

(1) a parent of a child enrolled in a school district

or open-enrollment charter school who in good faith makes a

complaint to the office;

(2) a child enrolled in a school district or

open-enrollment charter school whose parent in good faith makes a

complaint to the office; or

(3) any person, including an employee of the agency,

State Board of Education, district, or school, who in good faith

cooperates with the office in an investigation.

(b) The office shall collaborate with the agency to

establish consequences for a retaliatory action taken in violation

of this section.

Sec. 26A.058. ACCESS TO INFORMATION. The agency shall

provide the office access to the agency's records relating to a

complaint filed with the office under this chapter.

Sec. 26A.059. REPORTS. (a) The inspector general shall

issue and file with the agency a report that contains the inspector

general's final determinations regarding a complaint and any

recommended corrective actions to be taken as a result of the

complaint.

(b) Notwithstanding Section 26A.056, the inspector general

may make a report relating to an investigation of a complaint public

after the complaint is resolved. A report made public under this

subsection may not include information that identifies any person

involved in the complaint, including the complainant, a child, a

child's parent, or an employee of the agency, the State Board of

Education, a school district, or an open-enrollment charter school.

(c) Not later than December 1 of each year, the inspector

general shall prepare and submit to the agency and the State Board

of Education a report on the inspector general's work during the

preceding year. The report must include:

(1) a description of the inspector general's work;

(2) any change made by the agency in response to a

substantiated complaint;

(3) a description of any trends in the nature of

complaints received by the inspector general, any recommendations

related to addressing those trends, and an evaluation of the

feasibility of the inspector general's recommendations;

(4) a glossary of terms used in the report; and

(5) any public feedback received by the inspector

general relating to the inspector general's previous reports under

this subsection.

(d) On receipt of the report required under Subsection (c),

the agency shall make the report publicly available on the agency's

Internet website.

SECTION 2. Section 39.003(a), Education Code, is amended to

read as follows:

(a) The commissioner may authorize special investigations

to be conducted:

(1) when excessive numbers of absences of students

eligible to be tested on state assessment instruments are

determined;

(2) when excessive numbers of allowable exemptions

from the required state assessment instruments are determined;

(3) in response to complaints submitted to the agency

with respect to alleged violations of civil rights or other

requirements imposed on the state by federal law or court order;

(4) in response to established compliance reviews of

the district's financial accounting practices and state and federal

program requirements;

(5) when extraordinary numbers of student placements

in disciplinary alternative education programs, other than

placements under Sections 37.006 and 37.007, are determined;

(6) in response to an allegation involving a conflict

between members of the board of trustees or between the board and

the district administration if it appears that the conflict

involves a violation of a role or duty of the board members or the

administration clearly defined by this code;

(7) when excessive numbers of students in special

education programs under Subchapter A, Chapter 29, are assessed

through assessment instruments developed or adopted under Section

39.023(b);

(8) in response to an allegation regarding or an

analysis using a statistical method result indicating a possible

violation of an assessment instrument security procedure

established under Section 39.0301, including for the purpose of

investigating or auditing a school district under that section;

(9) when a significant pattern of decreased academic

performance has developed as a result of the promotion in the

preceding two school years of students who did not perform

satisfactorily as determined by the commissioner under Section

39.0241(a) on assessment instruments administered under Section

39.023(a), (c), or (l);

(10) when excessive numbers of students eligible to

enroll fail to complete an Algebra II course or any other advanced

course as determined by the commissioner;

(11) when resource allocation practices as evaluated

under Section 39.0821 indicate a potential for significant

improvement in resource allocation;

(12) when a disproportionate number of students of a

particular demographic group is graduating with a particular

endorsement under Section 28.025(c-1);

(13) when an excessive number of students is

graduating with a particular endorsement under Section

28.025(c-1);

(14) in response to a complaint submitted to the

agency with respect to alleged inaccurate data that is reported

through the Public Education Information Management System (PEIMS)

or through other reports required by state or federal law or rule or

court order and that is used by the agency to make a determination

relating to public school accountability, including accreditation,

under this chapter;

(15) when 10 percent or more of the students

graduating in a particular school year from a particular high

school campus are awarded a diploma based on the determination of an

individual graduation committee under Section 28.0258;

(16) when a school district for any reason fails to

produce, at the request of the agency, evidence or an investigation

report relating to an educator who is under investigation by the

State Board for Educator Certification; [ or ]

(17) by the office of inspector general for the

purpose of investigating complaints by parents of children enrolled

in public school; or

(18) as the commissioner otherwise determines

necessary.

SECTION 3. As soon as practicable after the effective date

of this Act, the governor shall appoint an inspector general under

Chapter 26A, Education Code, as added by this Act.

SECTION 4. This Act takes effect September 1, 2025.