schools must tell police about educator misconduct within 48 hours

The text as introduced · 693 words

89R4673 MEW-D

By: Bumgarner
H.B. No. 2206

A BILL TO BE ENTITLED

AN ACT

relating to the reporting of certain public school employee

misconduct to local law enforcement.

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

SECTION 1. Section 21.006, Education Code, is amended by

adding Subsection (b-3) and amending Subsections (i) and (j) to

read as follows:

(b-3) The superintendent or director of a school district,

district of innovation, open-enrollment charter school, other

charter entity, regional education service center, or shared

services arrangement shall notify the police department of the

municipality in which the entity is located or, if the entity is not

in a municipality, the sheriff of the county in which the entity is

located not later than 48 hours after the date the superintendent or

director becomes aware that an educator is alleged to have engaged

in misconduct described by Subsection (b)(2)(A) or (A-1).

(i) If an educator serving as a superintendent or director

is required to provide notice under Subsection (b-3) or file a

report under Subsection (c) and fails to provide notice or file the

report by the date required by the applicable [ that ] subsection, or

if an educator serving as a principal is required to notify a

superintendent or director about an educator's criminal record or

alleged incident of misconduct under Subsection (b-2) and fails to

provide the notice by the date required by that subsection, the

State Board for Educator Certification may impose on the educator

an administrative penalty of not less than $500 and not more than

$10,000. The State Board for Educator Certification may not renew

the certification of an educator against whom an administrative

penalty is imposed under this subsection until the penalty is paid.

(j) A superintendent or director required to provide notice

under Subsection (b-3) or file a report under Subsection (c)

commits an offense if the superintendent or director fails to

provide notice or file the report by the date required by the

applicable [ that ] subsection with intent to conceal an educator's

criminal record or alleged incident of misconduct. A principal

required to notify a superintendent or director about an educator's

criminal record or alleged incident of misconduct under Subsection

(b-2) commits an offense if the principal fails to provide the

notice by the date required by that subsection with intent to

conceal an educator's criminal record or alleged incident of

misconduct. An offense under this subsection is a state jail

felony.

SECTION 2. Section 22.093, Education Code, is amended by

adding Subsection (c-1) and amending Subsections (i) and (k) to

read as follows:

(c-1) The superintendent or director of a school district,

district of innovation, open-enrollment charter school, other

charter entity, regional education service center, or shared

services arrangement shall notify the police department of the

municipality in which the entity is located or, if the entity is not

in a municipality, the sheriff of the county in which the entity is

located not later than 48 hours after the date the superintendent or

director becomes aware that an educator is alleged to have engaged

in misconduct described by Subsection (c)(1)(A) or (B).

(i) The commissioner shall refer an educator who fails to

provide notice under Subsection (c-1) or file a report in violation

of Subsection (f) to the State Board for Educator Certification,

and the board shall determine whether to impose sanctions against

the educator.

(k) A superintendent or director required to provide notice

under Subsection (c-1) or file a report under Subsection (f)

commits an offense if the superintendent or director fails to

provide notice or file the report by the date required by the

applicable [ that ] subsection with intent to conceal an employee's

criminal record or alleged incident of misconduct. A principal

required to notify a superintendent or director about an employee's

alleged incident of misconduct under Subsection (e) commits an

offense if the principal fails to provide the notice by the date

required by that subsection with intent to conceal an employee's

alleged incident of misconduct. An offense under this subsection

is a state jail felony.

SECTION 3. This Act takes effect September 1, 2025.