Noble Employment Bill Also Bars Listed People From School Events

The text as introduced · 6,062 words

By: Noble
H.B. No. 3347

A BILL TO BE ENTITLED

AN ACT

relating to person not eligible for employment in public schools

and to measures to ensure publics schools do not employ those

persons.

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

SECTION 01. Section 21.006, Education Code, is amended to

read as follows:

(a) In this section:

(1) "Abuse" has the meaning assigned by Section

261.001, Family Code, and includes any sexual conduct involving an

educator and a student or minor.

(2) an "educational entity" is a school district,

district of innovation, open-enrollment charter school, other

charter entity, regional education service center, or shared

services arrangement.

(3) "Other charter entity" means:

(A) a school district operating under a home-rule

school district charter adopted under Subchapter B, Chapter 12;

(B) a campus or campus program operating under a

charter granted under Subchapter C, Chapter 12; and

(C) an entity that contracts to partner with a

school district under Section 11.174(a)(2) to operate a district

campus under a charter granted to the entity by the district under

Subchapter C, Chapter 12.

(b) In addition to the reporting requirement under Section

261.101, Family Code, and except as provided by Subsection (c-2),

the superintendent or director of an educational entity [ a school

district, district of innovation, open-enrollment charter school,

other charter entity, regional education service center, or shared

services arrangement ] shall notify the State Board for Educator

Certification if:

(1) an educator employed by or seeking employment by

the educational entity [ school district, district of innovation,

charter school, other charter entity, service center, or shared

services arrangement ] has a criminal record and the educational

entity [ school district, district of innovation, charter school,

other charter entity, service center, or shared services

arrangement ] obtained information about the educator's criminal

record by a means other than the criminal history clearinghouse

established under Section 411.0845, Government Code;

(2) an educator's employment at the educational entity

[ school district, district of innovation, charter school, other

charter entity, service center, or shared services arrangement ] was

terminated and there is evidence that the educator:

(A) abused or otherwise committed an unlawful act

with a student or minor;

(A-1) was involved in a romantic relationship

with or solicited or engaged in sexual contact with a student or

minor;

(A-2) had inappropriate communications with a

student or minor;

(A-3) failed to maintain appropriate boundaries

with a student or minor;

(A-4) committed physical mistreatment or

threatened violence to a student or minor though no actual injury

occurred to the student or minor;

(B) possessed, transferred, sold, or distributed

a controlled substance, as defined by Chapter 481, Health and

Safety Code, or by 21 U.S.C. Section 801 et seq.;

(C) illegally transferred, appropriated, or

expended funds or other property of the educational entity [ school

district, district of innovation, charter school, other charter

entity, service center, or shared services arrangement ];

(D) attempted by fraudulent or unauthorized

means to obtain or alter a professional certificate or license for

the purpose of promotion or additional compensation; or

(E) committed a criminal offense or any part of a

criminal offense on school property or at a school-sponsored event;

(3) the educator resigned and there is evidence that

the educator engaged in misconduct described by Subdivision (2);

[ or ]

(4) the educator engaged in conduct that violated the

assessment instrument security procedures established under

Section 39.0301 ; or

(5) there is evidence that an educator engaged in

conduct described by Subsections (b)(2)(A), (A-1), (A-2), (A-3) or

(A-4) .

(b-1) A superintendent or director of an educational entity

[ a school district, district of innovation, open-enrollment

charter school, other charter entity, regional education service

center, or shared services arrangement ] shall complete an

investigation of an educator that involves evidence that the

educator may have engaged in misconduct described by Subsection s

(b)(2)(A) , [ or ] (A-1) , (A-2), (A-3) or (A-4) , despite the

educator's resignation from employment before completion of the

investigation.

(b-2) The principal of a school district, district of

innovation, open-enrollment charter school, or other charter

entity campus must notify the superintendent or director of the

school district, district of innovation, charter school, or other

charter entity not later :

(1) than the seventh business day after the date:

[ (1) ] (A) of an educator's termination of

employment or resignation following an alleged incident of

misconduct described by Subsection (b); or

[ (2) ] (B) the principal knew about an educator's

criminal record under Subsection (b)(1) ; or

(2) than 48 hours after knowledge of evidence of

misconduct under Subsections (b)(2)(A), (A-1), (A-2), (A-3) or

(A-4) .

(c) Except as provided by Subsection (c-2), the

superintendent or director must notify the State Board for Educator

Certification by filing a report with the board not later :

(1) than the seventh business day after the date the

superintendent or director receives a report from a principal under

Subsection (b-2) or knew about an educator's termination of

employment or resignation following an alleged incident of

misconduct described by Subsection (b) or an employee's criminal

record under Subsection (b)(1) ; or

(2) than 48 hours after the superintendent or director

receives a report from a principal under Subsection (b-2) or know

about an alleged incident of misconduct described by Subsections

(b)(2)(A), (A-1), (A-2), (A-3) or (A-4) .

(c-1) The report under Subsection (c):

(1) must be:

(A) in writing; and

(B) in a form prescribed by the board; and

(2) [ may ] must be filed through the

Internet portal developed and maintained under Section 22.095 [ by

the State Board for Educator Certification under Subsection (g-1) ].

(c-2) A superintendent or director of an educational entity

[ a school district, district of innovation, open enrollment charter

school, regional education service center, or shared services

arrangement ]is not required to notify the State Board for Educator

Certification or file a report with the board under Subsection (b)

or (c) if the superintendent or director[ :

(1) completes an investigation into an educator's

alleged incident of misconduct described by Subsection (b)(2)(A) or

(A-1) before the educator's termination of employment or

resignation; and

(2) determines the educator did not engage in the

alleged incident of misconduct described by Subsection (b)(2)(A) or

(A-1); ] has reasonable cause to believe that the educator subject

to a report under this section is deceased .

(d) The superintendent or director shall notify the board of

trustees or governing body of the educational entity [ school

district, open-enrollment charter school, other charter entity,

regional education service center, or shared services arrangement ]

and the educator of the filing of the report required by Subsection

(c).

(e) A superintendent, director, or principal of an

educational entity [ a school district, district of innovation,

open-enrollment charter school, other charter entity, regional

education service center, or shared services arrangement ]who in

good faith and while acting in an official capacity files a report

with the State Board for Educator Certification under this section

or communicates with another superintendent, director, or

principal concerning an educator's criminal record or alleged

incident of misconduct is immune from civil or criminal liability

that might otherwise be incurred or imposed.

[ (g-1) The State Board for Educator Certification shall

develop and maintain an Internet portal through which a report

required under Subsection (c) may be confidentially and securely

filed. ]

SECTION 02. Section 21.0062, Education Code, is amended to

read as follows:

(d) The chief administrative officer of the private school

must notify the State Board for Educator Certification by filing a

report with the board not later than :

(1) the seventh business day after the date the chief

administrative officer knew that a private school educator:

[ (1) ] (A) has a criminal record under Subsection

(b)(1); or

[ (2) ] (B) was terminated or resigned following

an alleged incident of misconduct described by Subsection (b)(2) ;

or

(2) 48 hours after the date the chief administrative

officer knew there was evidence of misconduct described by

Subsection (b)(2)(A), (A-1), (A-2), (A-3) or (A-4) .

(e) The report filed under Subsection (d) must be:

(1) in writing; and

(2) in a form prescribed by the board ;

(3) must be filed through the Internet portal

developed and maintained under Section 22.095 .

SECTION 03. The heading to Section 21.058 is amended to read

as follows:

Sec. 21.058. DENIAL AND REVOCATION OF CERTIFICATE AND

TERMINATION OF EMPLOYMENT BASED ON CONVICTION OF OR PLACEMENT ON

DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN OFFENSES.

SECTION 04. Section 21.058, Education Code, is amended to

read as follows:

(a) The procedures described by Subsections (b) and (c)

apply only to:

(1) conviction of or placement on deferred

adjudication community supervision for an offense for :

(A) which a defendant is required to register as

a sex offender under Chapter 62, Code of Criminal Procedure;

(B) a felony offense under Chapter 43, Penal Code

(C) an offense under Section 21.12 or 43.24,

Penal Code; or

(D) a felony offense involving school property;

(2) conviction of a felony offense under Title 5,

Penal Code[ , if the victim of the offense was under 18 years of age

at the time the offense was committed ]; or

(3) an offense under the laws of another state or

federal law that is equivalent to an offense under Subdivision (1)

or (2) [ conviction of or placement on deferred adjudication

community supervision for an offense under Section 43.24, Penal

Code ].

[ (d) A person whose certificate is revoked under Subsection

(b) may reapply for a certificate in accordance with board rules. ]

(f) The State Board for Educator Certification may not grant

a certification under this subchapter to a person for whom

Subsection (a) applies.

(g) A school district may not grant a certification under

this subchapter to a person for whom Subsection (a) applies.

SECTION 05. Section 21.062, Education Code, is amended to

read as follows:

(a) During an investigation by the commissioner of an

educator for an alleged incident of misconduct, the commissioner

may issue a subpoena to compel:

(1) the attendance of a relevant witness; or

(2) the production[ , for inspection or copying, ] of

relevant evidence that is located in this state.

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

mail , or electronically .

(f) Unless authorized by the commissioner, responses to

subpoenas issued under Subsection (a)(2) must submitted through the

Internet portal developed and maintained under Section 22.095.

SECTION 06. Subchapter B, Chapter 21, Education Code, is

amended by adding Section 21.066 to read as follows:

Sec. 21.066. CONFIDENTIALITY. (a) Unless required by law,

any complaint, statement, recording, note, file, record, memo, or

report that is received, obtained, or created by the board relating

to the review or investigation of allegations involving a person

who is an applicant or holder of a certificate or permit issued by

the board is confidential and not subject to disclosure under

Chapter 552, Government Code.

(b) Subsection (a) does not prohibit the release of

information described under Subsection (a):

1) to provide a report as required under Subchapter B,

Chapter 21 or Subchapter C-1, Chapter 22; or

2) in connection with an administrative or other legal

proceeding brought under Chapter 2001 of the Government Code.

SECTION 07. Section 22.085, Education Code, is amended to

read as follows:

Sec. 22.085. EMPLOYEES AND APPLICANTS CONVICTED OF OR

PLACED ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN

OFFENSES. (a) [ A school district, open-enrollment charter school,

or shared services arrangement ] An educational entity shall

discharge or refuse to hire an employee or applicant for employment

if the district, school, or shared services arrangement obtains

information through a criminal history record information review

that the employee or applicant has a criminal history record that

meets the conditions under Section 21.058(a) [ been:

(1) convicted of or placed on deferred adjudication

community supervision for an offense for which a defendant is

required to register as a sex offender under Chapter 62, Code of

Criminal Procedure; or

(2) convicted of:

(A) a felony offense under Title 5, Penal Code,

if the victim of the offense was under 18 years of age at the time

the offense was committed; or

(B) an offense under the laws of another state or

federal law that is equivalent to an offense under Subdivision (1)

or Paragraph (A) ].

SECTION 08. Section 22.091, Education Code is amended to

read as follows:

Sec. 22.091. DEFINITION. In this [ subchapter, ] chapter:

(1) " educational entity" has the meaning assigned by

Section 21.006;

(2) "other charter entity" has the meaning assigned by

Section 21.006; and

(3) a person who provides services to an educational

entity includes:

(A) a contractor of an educational entity or

subcontractor of a contractor for an educational entity;

(B) a provider of tutoring services for an

educational entity;

(C) entities that have entered into a contract to

operate a school district campus under Section 11.174; and

(D) a staffing or service provider for an

educational entity; and

(E) a person employed by or under the control of

an entity described by Paragraph (A)-(D).

SECTION 09. Section 22.092, Education Code, is amended to

read as follows:

Sec. 22.092. REGISTRY OF PERSONS NOT ELIGIBLE FOR

EMPLOYMENT IN PUBLIC SCHOOLS. (a) The agency shall maintain and

make available through the Internet portal developed and maintained

by the agency under Section 22.095 a registry of persons who are not

eligible to be employed by an educational entity [ a school

district, district of innovation, open-enrollment charter school,

other charter entity, regional education service center, or shared

services arrangement ].

(b) [ A school district, district of innovation,

open-enrollment charter school, other charter entity, regional

education service center, or shared services arrangement ] An

educational entity shall discharge or refuse to hire a person

listed on the registry maintained under this section.

(b-1) An educational entity may not allow a person who is

listed on the registry maintained under this section to provide

services for the educational entity or be present at a sponsored

event of an educational entity.

(c) The registry maintained under this section must list the

following persons as not eligible to be employed by public schools:

(1) a person determined by the agency under Section

22.0832 as a person who would not be eligible for educator

certification under Subchapter B, Chapter 21;

(2) a person determined by the agency to be not

eligible for employment based on the person's criminal history

record information review, as provided by Section 22.0833;

(3) a person who is not eligible for employment based

on criminal history record information received by the agency under

Section 21.058(b);

(4) except as provided by (c-1), a person whose

certification or permit issued under Subchapter B, Chapter 21, is

revoked or whose application for certification or permit under that

subchapter is denied by the State Board for Educator Certification

[ on a finding that the person engaged in misconduct described by

Section 21.006(b)(2)(A) or (A-1) ]; [ and ]

(5) a person who is determined by the commissioner

under Section 22.094 to have engaged in misconduct described by

Section 21.006(b)(2)(A) and (A-1); [ 22.093(c)(1)(A) or (B) ]

(6) a person who is determined by the commissioner

under Section 22.094 to have engaged in misconduct described by

Section 21.006(b)(2)(A-2), (A-3), or (A-4) for the term designated

by the order; and

(7) except as provided by Subsection (c-2), a person

whose certification has been suspended by the State Board of

Educator Certification for the term of that suspension .

(c-1) Subsection (c)(4) does not apply if the person

receives a certification by the State Board for Educator

Certification subsequent to the revocation.

(c-2) Subsection (c)(6) does not apply to a suspension based

solely on Sections 21.105(c), 21.160(c), and 21.210(c).

(d) The agency shall provide equivalent access to the

registry maintained under this section to:

(1) private schools;

(2) [ public schools ] educational entities ; [ and ]

(3) nonprofit teacher organizations approved by the

commissioner for the purpose of participating in the tutoring

program established under Section 33.913 ;

(4) entities that have entered into a contract to

operate a school district campus under Section 11.174; and

(5) persons who provide services to educational

entities authorized by an educational entity to access the

registry .

(e) The registry maintained under this section must

indicate if the listing is subject to expiration. A prohibition

that applies to a person listed on the registry no longer applies if

the term has expired and the person's certification is reinstated.

(f) Each school year, the superintendent of a school

district or chief operating officer of an open-enrollment charter

school shall certify to the commissioner that the district or

school has complied with this section. If possible, the agency

shall consolidate the certification under this subsection with

other reporting or certifications.

(h) If there is evidence that a person engaged in conduct

referenced in Section 21.006(b)(2)(A), (A-1), (A-2), (A-3), or

(A-4), the State Board for Educator Certification may not accept

the voluntary surrender of any certification or permit issued under

Subchapter B, Chapter 21, unless the individual agrees to placement

on the registry

(i) The agency shall adopt rules as necessary to implement

this section.

SECTION 10. Section 21.009, Education Code, is moved to

Subchapter C-1, Chapter 22, Education Code, redesignated as Sec.

22.0921 and amended to read as follows:

Sec. 22.0921 21.009. PRE-EMPLOYMENT AFFIDAVIT. (a) An

applicant for employment by an educational entity [ a position

described by Section 21.003(a) or (b) with a school district,

district of innovation, open-enrollment charter school, private

school, regional education service center, or shared services

arrangement] must submit, using a form adopted by the agency, a

pre-employment affidavit disclosing whether the applicant has ever

been :

(i) investigated by a law enforcement or a protective agency

for, charged with, adjudicated for, or convicted of having engaged

in conduct described in Section 21.006(b)(2)(A), (A-1), (A-2),

(A-3), or (A-4); or [ an inappropriate relationship with a minor.]

(ii) investigated by a licensing authority or had a license,

certificate, or permit revoked, denied, suspended, or subject to

any other sanction in Texas or any other state for conduct

referenced in Section 21.006(b)(2)(A), (A-1), (A-2), (A-3), or

(A-4).

(b) An applicant who answers affirmatively for an item under

Subsection (a) [concerning an inappropriate relationship with a

minor] must disclose in the affidavit all relevant facts known by

the applicant pertaining to the matter [charge, adjudication, or

conviction, including, for a charge], including whether the

allegations were [charge was] determined to be true or false.

(c) An applicant is not precluded from being employed based

on a disclosed allegations [charge] if the employing entity

determines based on the information disclosed in the affidavit that

the allegations were [charge was] false.

(d) A determination that an employee failed to disclose

information required to be disclosed by an applicant under this

section is grounds for termination of employment.

(e) Failure to make a required disclosure under Subsection

(a) is a class B misdemeanor

(f) The State Board for Educator Certification may revoke

the certificate of an administrator if the board determines it is

reasonable to believe that the administrator employed an applicant

[ for a position described by Section 21.003(a) or (b) ] despite

being aware that the applicant knowingly failed to disclose

information required by Subsection (a) [ had been adjudicated for or

convicted of having an inappropriate relationship with a minor ].

SECTION 11. Section 22.093, Education Code, is amended to

read as follows:

Sec. 22.093. REQUIREMENT TO REPORT EMPLOYEE MISCONDUCT.

(a) In this section, "abuse" has the meaning assigned by Section

261.001, Family Code, and includes any sexual conduct involving a

student or minor.

(b) This section applies to a person :

(1) who is employed by an educational entity [ a school

district, district of innovation, open-enrollment charter school,

other charter entity, regional education service center, or shared

services arrangement ] and who does not hold a certification or

permit issued under Subchapter B, Chapter 21 ; or

(2) who is not described by Subdivision (1) and who

provides services for an educational entity and has or will have

direct contact with students.

(c) In addition to the reporting requirement under Section

261.101, Family Code, the superintendent or director of an

educational entity [ a school district, district of innovation,

open-enrollment charter school, other charter entity, regional

education service center, or shared services arrangement ] shall

notify the commissioner if:

(1) [ an employee's employment at the school district,

district of innovation, charter school, other charter entity,

service center, or shared services arrangement was terminated and ]

there is evidence that a person described by Subsection (b) engaged

in misconduct described by Section 21.006(b)(2)(A), (A-1), (A-2),

(A-3), or (A-4); or [ the employee:

(A) abused or otherwise committed an unlawful act

with a student or minor; or

(B) was involved in a romantic relationship with

or solicited or engaged in sexual contact with a student or minor; ]

(2) the superintendent or director obtained

information about the educator's criminal record related to conduct

described by Section 21.006(b)(2)(A), (A-1), (A-2), (A-3), or (A-4)

[ the employee resigned or and there is evidence that the employee

engaged in misconduct described by Subdivision (1) ].

(d) A superintendent or director of an educational entity [ a

school district, district of innovation, open-enrollment charter

school, other charter entity, regional education service center, or

shared services arrangement

person described by Subsection (b) [ an employee ] that involves

evidence that the person [ employee ] may have engaged in misconduct

described by Section 21.006(b)(2)(A) and (A-1), (A-2), (A-3) or

(A-4) [ Subsection (c)(1)(A) or (B) ], despite the [ employee's ]

person's termination, resignation from employment , or cessation of

services for the educational entity [ before completion of the

investigation ].

(e) The principal of a school in an educational entity [ a

school district, district of innovation, open-enrollment charter

school, other charter entity, regional education service center, or

shared services arrangement

director of the educational entity [ school district, district of

innovation, charter school, or other charter entity not later than

48 hours after knowledge of evidence of misconduct under Section

21.006(b)(2)(A), (A-1), (A-2), (A-3), (A-4) [ the seventh business

day after the date of an employee's termination of employment or

resignation following an alleged incident of misconduct described

by Subsection (c)(1)(A) or (B) ].

(f) The superintendent or director must notify the

commissioner by filing a report with the commissioner not later

than 48 hours [ the seventh business day ] after the date the

superintendent or director [ receives a report from a principal

under Subsection (e) or ] knew about an [ employee's termination of

employment or resignation following an ] alleged incident of

misconduct described by Section 21.006(b)(2)(A), (A-1), (A-2),

(A-3), or (A-4), [ Subsection (c)(1)(A) or (B) ] unless the

superintendent or director has reasonable cause to believe that the

person subject to a report under this section is deceased . The

report must be:

(1) in writing; [ and ]

(2) in a form prescribed by the commissioner ;

(3) must be filed through the Internet portal

developed and maintained under Section 22.095 .

(g) The superintendent or director shall notify the board of

trustees or governing body of the educational entity [ a school

district, district of innovation, open-enrollment charter school,

other charter entity, regional education service center, or shared

services arrangement

the report required by Subsection (f).

(k) A superintendent or director required to file a report

under Subsection (f) commits an offense if the superintendent or

director fails to file the report by the date required by that

subsection with intent to conceal [ an employee's ] a person's

criminal record or alleged incident of misconduct. A principal

required to notify a superintendent or director about [ an

employee's ] a person'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 ] a person's alleged incident of misconduct.

An offense under this subsection is a state jail felony.

(l) The commissioner may review the records of a n

educational entity [ a school district, district of innovation,

open-enrollment charter school, other charter entity, regional

education service center, or shared services arrangement

compliance with the requirement to report misconduct under this

section.

SECTION 12. Section 22.094, Education Code is amended to

read as follows:

Sec. 22.094. NOTICE OF ALLEGED MISCONDUCT; INVESTIGATION;

HEARING. (a) A person described by Section 22.093(b) [ and who is

the subject of a report that alleges misconduct described by

Section 22.093(c)(1)(A) or (B) or who is identified as having

engaged in that misconduct using the interagency reportable conduct

search engine established under Chapter 810, Health and Safety

Code, ] is entitled to a hearing on the merits of the allegations of

misconduct under the procedures provided by Chapter 2001,

Government Code, to contest the allegation [ in the report or search

engine ] if that person is:

(1) subject of a report that alleges misconduct

described by Section 21.006(b)(2);

(2) identified as having engaged in that misconduct

using the interagency reportable conduct search engine established

under Chapter 810, Health and Safety Code; or

(3) not certified under Subchapter B, Chapter 21, and

is the subject of a complaint filed with the agency .

(b) On receiving a report filed under Section 22.093(f) or

making an identification described by Subsection (a), the

commissioner shall promptly send to the person who is the subject of

the report or identification a notice that includes:

(1) a statement informing the person that the person

must request a hearing on the merits of the allegations of

misconduct within the period provided by Subsection (c);

(2) a request that the person submit a written

response within the period provided by Subsection (c) to show cause

why the commissioner should not pursue an investigation; and

(3) a statement informing the person that if the

person does not timely submit a written response to show cause as

provided by Subdivision (2), the agency shall provide information

indicating the person is under investigation in the manner provided

by Subsection (d).

(c) A person entitled to a hearing under Subsection (a) must

request a hearing and submit a written response to show cause not

later than the 10th day after the date the person receives the

notice from the commissioner provided under Subsection (b).

(d) If a person who receives notice provided under

Subsection (b) does not timely submit a written response to show

cause why the commissioner should not pursue an investigation, the

commissioner shall instruct the agency to make available through

the Internet portal developed and maintained by the agency under

Section 22.095 information indicating that the person is under

investigation for alleged misconduct.

(e) If a person entitled to a hearing under Subsection (a)

does not request a hearing as provided by Subsection (c), the

commissioner shall:

(1) based on the report filed under Section 22.093(f)

or the identification described by Subsection (a), make a

determination whether the person engaged in misconduct; and

(2) if the commissioner determines that the person

engaged in misconduct described by Section 21.006(b)(2)(A), (A-1),

(A-2), (A-3), or (A-4), [ 22.093(c)(1)(A) or (B) ], instruct the

agency to add the person's name to the registry maintained under

Section 22.092.

(f) If a person entitled to a hearing under Subsection (a)

requests a hearing as provided by Subsection (c) and the final

decision in that hearing determines that the person engaged in

misconduct described by Section 21.006(b)(2)(A), (A-1), (A-2),

(A-3), or (A-4), [ 22.093(c)(1)(A) or (B) ], the commissioner shall

instruct the agency to add the person's name to the registry

maintained under Section 22.092.

(g) If a person entitled to a hearing under Subsection (a)

requests a hearing as provided by Subsection (c) and the final

decision in that hearing determines that the person did not engage

in misconduct described by Section 21.006(b)(2)(A), (A-1), (A-2),

(A-3), or (A-4), [ 22.093(c)(1)(A) or (B) ], the commissioner shall

instruct the agency to immediately remove from the Internet portal

developed and maintained by the agency under Section 22.095 the

information indicating that the person is under investigation for

alleged misconduct.

(h) The commissioner shall adopt rules as necessary to

implement this section. The commissioner shall follow sanction

guidelines adopted by the State Board for Educator Certification

for misconduct described by Section 21.006(b)(2)(A-2), (A-3), or

(A-4) .

SECTION 13. Subchapter C-1, Chapter 22, Education Code, is

amended by adding Section 22.0941 to read as follows:

Sec. 22.0941. PLACEMENT ON REGISTRY OF INDIVIDUALS UNDER

INVESTIGATION BY THE STATE BOARD FOR EDUCATOR CERTIFICATION. For

any person the State Board for Educator Certification assigns a

notice of an alleged incident of misconduct on the public

certification records of that person under Section 21.007, the

agency shall indicate on the registry under Section 22.092 that the

person is under investigation for alleged misconduct.

SECTION 14. Section 22.095, Education Code, is amended to

read as follows:

Sec. 22.095. INTERNET PORTAL. The agency shall develop and

maintain an Internet portal through which:

(1) a report required under Sections [ Section ] 21.006,

21.0062, 22.093[ (f) ] may be confidentially and securely filed;

[ and ]

(2) complies with requirements adopted by the State Board

for Educator Certification for filing reports under Sections 21.006

and 21.0062;

(3) the agency makes available:

(A) the registry of persons who are not eligible to be

employed in public schools as described by Section 22.092; and

(B) information indicating that a person is under

investigation for alleged misconduct in accordance with Section

22.094(d), provided that the agency must provide the information

through a procedure other than the registry described under

Paragraph (A).

SECTION 15. Section 22.096, Education Code is amended to

read as follows:

Sec. 22.096. COMPLIANCE MONITORING. (a) The agency shall

periodically [ conduct site visits and ] review the records of

educational entities [ school districts, districts of innovation,

open-enrollment charter schools, other charter entities, regional

education service centers, and shared services arrangements ] to

ensure compliance with Section 22.092(b).

(b) The agency shall review investigations conducted by

educational entities involving allegations of misconduct described

by Section 21.006(b)(2)(A), (A-1), (A-2), (A-3), or (A-4) to ensure

they are conducted with appropriate investigative protocols,

including when done in cooperation with law enforcement or the

Department of Family and Protective Services as described in

Section 38.004. If the agency determines that appropriate

investigative protocols are not followed, the agency may pursue

actions under Section 39.003. The agency may investigate the

allegations directly.

SECTION 14. Subchapter C-1, Chapter 22, Education Code, is

amended by adding Section 22.097 to read as follows:

Sec. 22.097. REPORTING TO LAW ENFORCEMENT. (a) If an

allegation has not already been reviewed by law enforcement, the

agency shall refer all cases to law enforcement that have resulted

in placement on the registry under Section 22.092.

(b) The agency may refer any case, at any time, to law

enforcement if the agency believes there is evidence of criminal

conduct.

(c) The agency shall maintain a record of all referrals to

law enforcement.

SECTION 16. Subchapter C-1, Chapter 22, Education Code, is

amended by adding Section 22.098 to read as follows:

Sec. 22.098. CONFIDENTIALITY. (a) Unless required by law,

any complaint, statement, recording, note, file, record, memo, or

report that is received, obtained, or created by the agency

relating to the review or investigation of allegations involving a

person to be placed on the registry under this subchapter is

confidential and not subject to disclosure under Chapter 552,

Government Code.

(b) Subsection (a) does not prohibit the release of

information described under Subsection (a):

1) to provide a report as required under Subchapter B,

Chapter 21 or Subchapter C-1, Chapter 22, or

2) in connection with an administrative or other legal

proceeding brought under Chapter 2001 of the Government Code.

SECTION 17. Subchapter C-1, Chapter 22, Education Code, is

amended by adding Section 22.099 to read as follows:

Sec. 22.099. REQUIRED MISCONDUCT REPORTING. The agency

shall, on a quarterly basis, report data regarding educator and

other personnel misconduct under this chapter and Chapter 21. The

report shall be made available on the agency's website and include

information by misconduct type.

SECTION 18. Section 39.003, 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 :

(A) produce, at the request of the agency,

evidence or an investigation report relating to an educator or

individual who is under investigation by the State Board for

Educator Certification or the agency; or

(B) timely submit a report relating to a person

who should have been reported to the State Board for Educator

Certification or the agency ; or

(17) as the commissioner otherwise determines

necessary.

SECTION 19. Section 261.308, Family Code, is amended by

adding subsection (f) to read as follows:

(f) Release of completed reports to the Texas Education

Agency or the State Board for Educator Certification shall be

submitted through the Internet portal developed and maintained

under Section 22.095, Education Code.

SECTION 20. Changes implemented by Section 22.094(c)(6)

apply to board actions taken on or after September 1, 2025.

SECTION 21. This Act takes effect immediately if it

receives a vote of two-thirds of all the members elected to each

house, as provided by Section 39, Article III, Texas Constitution.

If this Act does not receive the vote necessary for immediate

effect, this Act takes effect September 1, 2025.