bill puts private schools on the do-not-hire list

The text as introduced · 604 words

89R15519 KRM-D

By: Lowe
H.B. No. 4831

A BILL TO BE ENTITLED

AN ACT

relating to prohibiting private schools from hiring persons in the

registry of persons not eligible for employment in schools and to

persons who must be listed in that registry.

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

SECTION 1. The heading to Subchapter C-1, Chapter 22,

Education Code, is amended to read as follows:

SUBCHAPTER C-1. PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN [ PUBLIC ]

SCHOOLS

SECTION 2. The heading to Section 22.092, Education Code,

is amended to read as follows:

Sec. 22.092. REGISTRY OF PERSONS NOT ELIGIBLE FOR

EMPLOYMENT IN [ PUBLIC ] SCHOOLS.

SECTION 3. Sections 22.092(a), (b), and (c), Education

Code, are amended to read as follows:

(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 a school district, district of innovation,

open-enrollment charter school, other charter entity, private

school, regional education service center, or shared services

arrangement.

(b) A school district, district of innovation,

open-enrollment charter school, other charter entity, private

school, regional education service center, or shared services

arrangement shall discharge or refuse to hire a person listed on the

registry maintained under this section.

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

following persons as not eligible to be employed by public or

private 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) or

21.0062(b)(2) ; 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)(A) or (B).

SECTION 4. 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 Section 22.093(f) may be

confidentially and securely filed; and

(2) 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 5. Section 22.096, Education Code, is amended to

read as follows:

Sec. 22.096. COMPLIANCE MONITORING. The agency shall

periodically conduct site visits and review the records of school

districts, districts of innovation, open-enrollment charter

schools, other charter entities, private schools, regional

education service centers, and shared services arrangements to

ensure compliance with Section 22.092(b).

SECTION 6. This Act applies beginning with the 2025-2026

school year.

SECTION 7. 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.