Harless School Bill Also Reaches Private And Charter Schools

The text as introduced · 1,078 words

By: Harless
H.B. No. 4125

A BILL TO BE ENTITLED

AN ACT

relating to the requirement that law enforcement agencies notify

school districts when a school district employee is under

investigation for certain criminal offenses.

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

SECTION 1. Chapter 37, Education Code, is amended by adding

Section 37.089 to read as follows:

Sec. 37.089. NOTIFICATION OF SCHOOL DISTRICT REGARDING

EMPLOYEE UNDER INVESTIGATION

(a) DEFINITIONS AND SCOPE. In this section:

(1) "Law enforcement agency" means any agency of this

state, or of a county, municipality, or other political subdivision

of this state, that employs peace officers and/or is responsible

for the enforcement of the Texas Penal Code and the investigation of

criminal offenses.

(2) "Educational Institution" means:

(A) A public school district as defined under the

Texas Education Code;

(B) An open-enrollment charter school under

Subchapter D, Chapter 12, Texas Education Code;

(C) A private school as defined by Texas law;

(D) An accredited academy of any other legally

recognized school entity operating within the state of Texas;

(3) "Educational Institution Employee" means an

individual employed by an educational institution as defined in

this section.

(b) INVESTIGATION NOTIFICATION REQUIREMENT. A law

enforcement agency that initiates an investigation, makes an

arrest, secures an indictment, or formally charges an educational

institution employee for:

(1) Any offense under Title 5, Penal Code, if the

alleged victim is a child under 18 years of age or a current student

in an educational institution;

(2) Any offense under Chapter 43, Penal Code, if the

alleged victim is a child under 18 years of age or a current student

in an educational institution; or

(3) Any felony offense, regardless of the age of the

alleged victim;

Shall notify the chief of police of the educational

institution where the employee is employed or, if the educational

institution does not have a police department, the superintendent,

chief executive officer, or designee of the educational

institution.

If the law enforcement agency determines that no charges will

be filed or the case is dismissed, the agency must notify the

educational institution within two working days to ensure that

administrative decisions are based on updated information.

(c) NOTIFICATION TIMELINES AND CONTENT. The notification

required under Subsection (b) must include:

(1) Oral Notification: The law enforcement agency

shall orally notify the district's superintendent or the chief of

police of the educational institution within 24 hours after the

investigation is initiated or before the next school day, whichever

is earlier; and

(2) Written Notification: Within seven days after the

date of the oral notice, the law enforcement agency shall send a

written notification marked "PERSONAL and CONFIDENTIAL" to the

district's superintendent or chief of police. The written

notification shall include:

(i) The nature of the investigation and any

relevant safety concerns;

(ii) The name of the individual under

investigation;

(iii) The date and time the oral notification was

provided; and

(iv) Any non-confidential facts necessary for

school administrators to determine student and staff safety

precautions.

(d) CONFIDENTIALITY, INVESTIGATION INTEGRITY, AND EVIDENCE

PROTECTION. The notifications listed under Subsection (c) shall

not disclose any confidential information prohibited by law or any

details that could compromise an active investigation, including

specific evidence, witness identities, or investigative

strategies, but shall provide sufficient information for the

educational institution to take any necessary administrative or

safety measures.

Any information received under this section may not be

disclosed to unauthorized individuals. The district's

superintendent or chief of police may only share this information

with:

(1) Law enforcement personnel involved in the

investigation;

(2) School administrators with direct responsibility

over the employee under investigation;

(3) Legal counsel for the educational institution; and

(4) Instructional and support personnel with direct

supervision responsibilities, if required for student safety.

Any unauthorized disclosure of information is subject to

disciplinary action and may be reported to the State Board for

Educator Certification for possible suspension or revocation of the

offending individual's educator certification.

(e) ONGOING UPDATES. The law enforcement agency shall

provide updates to the superintendent or chief of police as

necessary to ensure ongoing safety within the school environment.

(f) SCHOOL DISTRICT CONFIDENTIALITY OBLIGATION. An

educational institution receiving notification under this section

shall keep the information confidential and use it only for

purposes necessary to maintain student safety and administrative

compliance. The educational institution and law enforcement

agencies shall cooperate to determine how to maintain student

safety while not compromising the integrity of the criminal

investigation. Upon receiving a notification under this section,

the district's superintendent or chief of police shall immediately

notify all instructional and support personnel responsible for

supervising the employee under investigation if deemed necessary

for student safety. All personnel must keep this information

confidential, and any unauthorized disclosure of this information

shall be subject to disciplinary action as prescribed by state law.

(g) REPORTING REQUIREMENTS. A law enforcement agency

subject to this section shall submit an annual compliance report to

the Texas Education Agency, detailing:

(1) The number of notifications made;

(2) The timeliness of notifications;

(3) The number of written follow-ups completed; and

(4) Any instances of noncompliance and corrective

measures taken.

The Texas Education Agency shall establish a statewide

reporting system to track law enforcement agencies' compliance.

Failure to comply with this section shall be reported to the Texas

Commission on Law Enforcement for further action.

(h) STATE AGENCY ROLE AND TRANSPARENCY. The Texas Education

Agency shall oversee compliance with this section and may develop

guidelines to assist law enforcement agencies and educational

institutions in meeting notification requirements. The Texas

Education Agency shall also establish a structured communication

protocol to ensure transparency and accountability between law

enforcement agencies and educational institutions.

(i) TRAINING REQUIREMENTS AND PROACTIVE SAFETY MEASURES.

The Texas Education Agency shall develop and provide training

materials for school administrators regarding the appropriate

handling of notifications received under this section. The

training shall include:

(1) Best practices for maintaining student safety and

administrative compliance;

(2) Confidentiality measures to protect investigation

integrity;

(3) Coordination protocols between law enforcement

and school districts; and

(4) Guidance on placing employees on temporary

administrative leave pending investigation outcomes to mitigate

potential risks to students and staff while not compromising the

integrity of the investigation.

SECTION 2. This Act takes effect immediately if it receives

a vote of at least 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 necessary vote, it takes effect

September 1, 2025.