bill widens what schools must report when employees leave

The text as introduced · 1,741 words

89R11700 KJE-D

By: Y. Davis of Dallas
H.B. No. 3991

A BILL TO BE ENTITLED

AN ACT

relating to misconduct by public school employees and to persons

who must be listed in the registry of persons not eligible for

employment in public schools.

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

SECTION 1. Section 21.006(a), Education Code, is amended by

adding Subdivision (1-a) to read as follows:

(1-a) "Neglect" has the meaning assigned by Section

261.001, Family Code.

SECTION 2. Section 21.006(b), Education Code, is amended to

read as follows:

(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 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 school district, district of innovation, charter school, other

charter entity, service center, or shared services arrangement has

a criminal record and the 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 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 , neglected, 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;

(B) possessed, transferred, sold, or

distributed :

(i) marihuana or a controlled substance, as

defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.

Section 801 et seq. ; or

(ii) a dangerous drug, as defined by

Chapter 483, Health and Safety Code ;

(C) while on or within 300 feet of school

property, as measured from any point on the school's real property

boundary line, or while attending a school-sponsored or

school-related activity on or off of school property, engaged in an

offense relating to an abusable volatile chemical under Section

485.031, 485.032, or 485.033, Health and Safety Code;

(D) sold, gave, or delivered to a student or

minor an alcoholic beverage, as defined by Section 1.04, Alcoholic

Beverage Code;

(E) illegally transferred, appropriated, or

expended funds or other property of the school district, district

of innovation, charter school, other charter entity, service

center, or shared services arrangement;

(F) [ (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 ]

(G) [ (E) ] committed a criminal offense or any

part of a criminal offense on school property or at a

school-sponsored event; or

(H) committed a criminal offense:

(i) punishable as a felony;

(ii) under Chapter 21, Penal Code;

(iii) under Section 22.05, Penal Code; or

(iv) under Section 37.10, Penal Code;

(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 committed a criminal offense under Section

39.0303 .

SECTION 3. Section 21.007(b), Education Code, is amended to

read as follows:

(b) The board shall adopt a procedure for placing a notice

of alleged misconduct on an educator's public certification

records. The procedure adopted by the board must provide for

immediate placement of a notice of alleged misconduct on an

educator's public certification records if the alleged misconduct

presents a risk to the health, safety, or welfare of a student or

minor , as described by Section 21.006(b)(2)(A), (A-1), (B), (C),

(D), (F), (G), or (H) or as determined by the board.

SECTION 4. Section 22.092(c), Education Code, is amended to

read as follows:

(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) a person whose certification or permit issued

under Subchapter B, Chapter 21, is revoked 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 22.093(c)(1) [ 22.093(c)(1)(A) or (B) ].

SECTION 5. Sections 22.093(a), (c), (e), and (f), Education

Code, are amended to read as follows:

(a) In this section :

(1) "Abuse" [ , "abuse" ] has the meaning assigned by

Section 261.001, Family Code, and includes any sexual conduct

involving a student or minor.

(2) "Neglect" has the meaning assigned by Section

261.001, Family Code.

(c) In addition to the reporting requirement under Section

261.101, Family Code, 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 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 the employee:

(A) abused , neglected, 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;

(C) possessed, transferred, sold, or

distributed:

(i) marihuana or a controlled substance, as

defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.

Section 801 et seq.; or

(ii) a dangerous drug, as defined by

Chapter 483, Health and Safety Code;

(D) while on or within 300 feet of school

property, as measured from any point on the school's real property

boundary line, or while attending a school-sponsored or

school-related activity on or off of school property, engaged in an

offense relating to an abusable volatile chemical under Section

485.031, 485.032, or 485.033, Health and Safety Code;

(E) sold, gave, or delivered to a student or

minor an alcoholic beverage, as defined by Section 1.04, Alcoholic

Beverage Code;

(F) attempted by fraudulent or unauthorized

means to obtain or alter a professional certificate or license for

the purpose of promotion or additional compensation;

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

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

or

(H) committed a criminal offense:

(i) punishable as a felony;

(ii) under Chapter 21, Penal Code;

(iii) under Section 22.05, Penal Code; or

(iv) under Section 37.10, Penal Code; or

(2) the employee resigned and there is evidence that

the employee engaged in misconduct described by Subdivision (1).

(e) 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 than 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) [ (c)(1)(A) or (B) ].

(f) The superintendent or director must notify the

commissioner by filing a report with the commissioner not later

than 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 Subsection

(c)(1) [ (c)(1)(A) or (B) ]. The report must be:

(1) in writing; and

(2) in a form prescribed by the commissioner.

SECTION 6. Sections 22.094(a), (e), (f), and (g), Education

Code, are amended to read as follows:

(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) [ 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.

(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 22.093(c)(1)

[ 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 22.093(c)(1) [ 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 22.093(c)(1) [ 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.

SECTION 7. This Act applies beginning with the 2025-2026

school year.

SECTION 8. 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.