School Leaders Face A Felony For Missing The 48-Hour Report

The text as introduced · 11,055 words

89R13853 MEW-D

By: Shaheen
H.B. No. 5393

A BILL TO BE ENTITLED

AN ACT

relating to the reporting and investigation of misconduct by public

and private school employees; creating a criminal offense;

providing a civil penalty.

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

ARTICLE 1. SCHOOL EMPLOYEE MISCONDUCT

SECTION 1.01. Articles 42.018(a) and (b), Code of Criminal

Procedure, are amended to read as follows:

(a) This article applies only to[ :

[ (1) ] conviction or deferred adjudication community

supervision granted on the basis of :

(1) an offense for which a conviction or grant of

deferred adjudication community supervision requires the defendant

to register as a sex offender under Chapter 62;

(2) a felony [ conviction of an ] offense under Title 4,

Title 5, or Title 8, Penal Code[ , if the victim of the offense was

under 18 years of age at the time the offense was committed ]; or

(3) [ conviction or deferred adjudication community

supervision granted on the basis of ] an offense under Chapter 43

[ Section 43.24 ], Penal Code.

(b) Not later than the fifth day after the date a person who

holds a certificate issued under Subchapter B, Chapter 21,

Education Code, or who is employed by a school district or

open-enrollment charter school is convicted or granted deferred

adjudication on the basis of an offense, the clerk of the court in

which the conviction or deferred adjudication is entered shall

provide [ to the State Board for Educator Certification ] written

notice of the person's conviction or deferred adjudication,

including the offense on which the conviction or deferred

adjudication was based , to:

(1) the State Board for Educator Certification and the

Texas Education Agency for a person who holds a certificate issued

under Subchapter B, Chapter 21, Education Code; or

(2) the Texas Education Agency for a person not

described by Subdivision (1) who is employed by a school district or

open-enrollment charter school .

SECTION 1.02. Section 21.0585, Education Code, is amended

to read as follows:

Sec. 21.0585. NOTICE TO AGENCY REGARDING REVOCATION OF

CERTIFICATE OR PERMIT FOR CERTAIN MISCONDUCT. The board shall , not

later than 24 hours after revocation, [ promptly ] notify the agency

for purposes of Section 22A.151 [ 22.092 ] if the board revokes a

certificate or permit of a person on a finding that the person

engaged in misconduct described by Section 22A.051(a)(2)(A), (B),

(C), or (D) [ 21.006(b)(2)(A) or (A-1) ].

SECTION 1.03. Subtitle D, Title 2, Education Code, is

amended by adding Chapter 22A, and a heading is added to that

chapter to read as follows:

CHAPTER 22A. EMPLOYEE MISCONDUCT

SECTION 1.04. Chapter 22A, Education Code, as added by this

Act, is amended by adding Subchapter A, and a heading is added to

that subchapter to read as follows:

SUBCHAPTER A. GENERAL PROVISIONS

SECTION 1.05. Section 21.006(a), Education Code, is

transferred to Subchapter A, Chapter 22A, Education Code, as added

by this Act, redesignated as Section 22A.001, Education Code, and

amended to read as follows:

Sec. 22A.001. DEFINITIONS. [ (a) ] In this chapter

[ 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) "Board" means the State Board for Educator

Certification.

(3) "Educational entity" means a school district,

district of innovation, open-enrollment charter school, other

charter entity, regional education service center, or shared

services arrangement.

(4) "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.

SECTION 1.06. Chapter 22A, Education Code, as added by this

Act, is amended by adding Subchapter B, and a heading is added to

that subchapter to read as follows:

SUBCHAPTER B. REQUIRED MISCONDUCT REPORTING

SECTION 1.07. Sections 21.006(b), (b-1), (b-2), (c), (c-1),

(c-2), (d), (e), (f), (g), (g-1), (h), (i), (j), and (k), Education

Code, are transferred to Subchapter B, Chapter 22A, Education Code,

as added by this Act, redesignated as Section 22A.051, Education

Code, and amended to read as follows:

Sec. 22A.051. REQUIREMENT TO REPORT MISCONDUCT TO AGENCY.

(a) [ (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 agency [ State Board for

Educator Certification ] if:

(1) a person [ 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 person's

[ educator's ] criminal record by a means other than the criminal

history clearinghouse established under Section 411.0845,

Government Code;

(2) a person's [ an educator's ] employment at or

contract with 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 person [ educator ]:

(A) abused or otherwise committed an unlawful act

with a student or minor , including by:

(i) engaging in conduct that causes bodily

injury or serious mental deficiency, impairment, or injury or

constitutes a threat of violence to a student or minor and that is

not justified under Chapter 9, Penal Code ;

(ii) engaging in the offense of child

grooming under Section 15.032, Penal Code; or

(iii) engaging in sexual advances, requests

for sexual favors or images, or other verbal or physical conduct of

a sexual nature with a student or minor;

(B) [ (A-1) ] was involved in a romantic

relationship with or solicited or engaged in sexual contact with a

student or minor;

(C) engaged in a communication with a student or

minor, with intent to arouse or gratify the sexual desire of any

person immediately before, during, or immediately after the

communication, that involved:

(i) a message between the person and the

student or minor without:

(a) written consent of the student's

or minor's parent or guardian; or

(b) the inclusion of the student's or

minor's parent or guardian, a school administrator, or the entire

student body of the campus at which the person was employed;

(ii) a personal discussion unrelated to

educational needs; or

(iii) contact through personal social

media;

(D) engaged in a communication with a student or

minor with intent to coerce the student or minor to conceal a

communication described by Paragraph (C) from the student's or

minor's parent or guardian, school administrators, or law

enforcement;

(E) [ (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.;

(F) [ (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 ];

(G) [ (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

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

part of a criminal offense on school property or at a

school-sponsored event;

(3) a person employed by or contracting with the

educational entity [ the educator ] resigned or terminated the

contractor's contract, as applicable, and there is evidence that

the person [ educator ] engaged in misconduct described by

Subdivision (2);

(4) the superintendent or director becomes aware that

a person employed by or contracting with the educational entity is

alleged to have engaged in misconduct described by Subdivision

(2)(A), (B), (C), or (D); or

(5) a person employed by the educational entity [ (4)

the educator ] engaged in conduct that violated the assessment

instrument security procedures established under Section 39.0301.

(b) [ (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 a person [ an educator ] that involves evidence that

the person [ educator ] may have engaged in misconduct described by

Subsection (a)(2)(A), (B), (C), or (D) [ (b)(2)(A) or (A-1) ],

despite the person's [ educator's ] resignation from employment

before completion of the investigation.

(c) [ (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 than 48 hours [ the seventh

business day ] after [ the date ]:

(1) a person's [ of an educator's ] termination of

employment or resignation or termination of a contractor's contract

following an alleged incident of misconduct described by Subsection

(a) [ (b) ]; [ or ]

(2) the principal knew about a person's [ an

educator's ] criminal record under Subsection (a)(1); or

(3) the principal becomes aware of an allegation of

misconduct described by Subsection (a)(2)(A), (B), (C), or (D)

[ (b)(1) ].

(d) The [ (c) Except as provided by Subsection (c-2), the ]

superintendent or director must notify the agency [ State Board for

Educator Certification ] by filing a report with the agency [ board ]

not later than 48 hours [ the seventh business day ] after [ the date ]

the superintendent or director :

(1) receives notice [ a report ] from a principal under

Subsection (c);

(2) [ (b-2) or ] knew about a person's [ an educator's ]

termination of employment or resignation or termination of a

contractor's contract following an alleged incident of misconduct

described by Subsection (a) [ (b) ] or a person's [ an employee's ]

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

(3) became aware of an allegation of misconduct

described by Subsection (a)(2)(A), (B), (C), or (D) [ (b)(1) ].

(e) [ (c-1) ] The report under Subsection (d) [ (c):

[ (1) ] must be[ :

[ (A) in writing; and

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

[ (2) may be ] filed through the Internet portal

developed and maintained by the agency [ State Board for Educator

Certification ] under Section 22A.152 [ Subsection (g-1) ].

(f) [ (c-2) A superintendent or director of 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).

[ (d) ] The superintendent or director shall provide to

[ 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 person a copy [ educator of the

filing ] of the report filed under [ required by ] Subsection (d)

[ (c) ].

(g) [ (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 agency [ State Board for Educator Certification ] under this

section or communicates with another superintendent, director, or

principal concerning a person's [ an educator's ] criminal record or

alleged incident of misconduct is immune from civil or criminal

liability that might otherwise be incurred or imposed.

(h) [ (f) ] The board [ State Board for Educator

Certification ] shall determine whether to impose sanctions,

including an administrative penalty under Subsection (k) [ (i) ],

against a principal who fails to provide notification to a

superintendent or director in violation of Subsection (c) [ (b-2) ]

or against a superintendent or director who fails to file a report

in violation of Subsection (d) [ (c) ].

(i) [ (g) ] The commissioner shall adopt and the board [ State

Board for Educator Certification ] shall propose rules as necessary

to implement this section. In adopting rules to implement this

section, the commissioner shall adopt rules that provide for

transparency measures.

(j) [ (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.

[ (h) ] The name of a student or minor who is the victim of

abuse or unlawful conduct by a person described by Subsection (a)

[ an educator ] must be included in a report filed under this section,

but the name of the student or minor is not public information under

Chapter 552, Government Code.

(k) [ (i) ] If an educator serving as a superintendent or

director is required to file a report under Subsection (d) [ (c) ] and

fails to file the report by the date required by 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 (c) [ (b-2) ] and

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

the board [ 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 board [ 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.

(l) [ (j) ] A superintendent or director required to file a

report under Subsection (d) [ (c) ] 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 educator's

criminal record or alleged incident of misconduct ]. A principal

required to notify a superintendent or director about a person's

[ an educator's ] criminal record or alleged incident of misconduct

under Subsection (c) [ (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.

(m) [ (k) ] The commissioner shall periodically, randomly, or

on request by a member of the legislature conduct site visits and

[ may ] review the records 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 ] to ensure compliance with the requirement to

report misconduct under this section.

SECTION 1.08. (a) This section takes effect only if H.B.

1025, 89th Legislature, Regular Session, 2025, becomes law.

(b) Section 22A.051, Education Code, as added by this Act,

is amended by adding Subsection (d-1) to read as follows:

(d-1) Not later than 24 hours after receiving a report under

Subsection (d), the agency shall notify the division of inspector

general established under Subchapter E, Chapter 7, and the division

of inspector general shall conduct an investigation into the

allegation of misconduct in accordance with that subchapter.

SECTION 1.09. Subchapter B, Chapter 22A, Education Code, as

added by this Act, is amended by adding Sections 22A.052 and 22A.053

to read as follows:

Sec. 22A.052. CONCEALMENT OF MISCONDUCT. (a)

Notwithstanding any other law, if the board of trustees of a school

district or the governing body of an open-enrollment charter school

or other charter entity determines that a superintendent,

principal, or other district or school employee intentionally or

knowingly concealed or delayed the reporting of a person's

misconduct described by Section 22A.051(a)(2)(A), (B), (C), or (D),

the board or governing body shall immediately terminate the

employment of that superintendent, principal, or other employee.

(b) The board of trustees of a school district or the

governing body of an open-enrollment charter school or other

charter entity must include in the employment contract of a person

who is required to report misconduct under Section 22A.051 a

provision that the person's employment will be terminated if the

person engages in conduct described by Subsection (a).

Sec. 22A.053. REQUIREMENT TO REPORT MISCONDUCT TO LAW

ENFORCEMENT; OFFENSE. (a) Not later than 48 hours after the

superintendent or director of an educational entity becomes aware

that an employee of or contractor with the entity is alleged to have

engaged in conduct described by Section 22A.051(a)(2)(A), (B), (C),

or (D), the superintendent or director shall report the allegation

and provide any evidence possessed by the superintendent or

director regarding the allegation to the appropriate local law

enforcement agency and prosecuting attorney.

(b) For purposes of making a report under Subsection (a), an

appropriate local law enforcement agency does not include a police

department operated by the educational entity.

(c) A superintendent or director described by Subsection

(a) commits an offense if the superintendent or director, with

intent to conceal a person's conduct, fails to make the report or

provide evidence as required by Subsection (a). An offense under

this subsection is a state jail felony.

(d) If conduct that constitutes an offense under this

section also constitutes an offense under Section 261.109, Family

Code, the actor may be prosecuted only under this section.

SECTION 1.10. Section 21.0061, Education Code, is

transferred to Subchapter B, Chapter 22A, Education Code, as added

by this Act, redesignated as Section 22A.054, Education Code, and

amended to read as follows:

Sec. 22A.054 [ 21.0061 ]. NOTICE [ TO PARENT OR GUARDIAN ]

ABOUT [ EDUCATOR ] MISCONDUCT ; CIVIL PENALTY . (a) As soon as

practicable but not later than 24 hours after becoming aware that an

employee or contractor is alleged to have engaged in misconduct

described by Section 22A.051(a)(2)(A), (B), (C), or (D), the [ The ]

board of trustees or governing body 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 provide [ adopt a policy under

which ] notice [ is provided ] to :

(1) the parent or guardian of a student with whom the

person [ an educator ] is alleged to have engaged in the misconduct

[ described by Section 21.006(b)(2)(A) or (A-1) ] informing the

parent or guardian:

(A) [ (1) ] that the alleged misconduct occurred;

(B) [ (2) ] whether the person [ educator ] was

terminated following an investigation of the alleged misconduct or

resigned before completion of the investigation; and

(C) [ (3) ] whether a report was submitted to the

agency [ State Board for Educator Certification ] concerning the

alleged misconduct ; and

(2) students and staff who were potentially impacted

by the misconduct regarding guidance, resources, and contact

information for a person to whom students or staff may provide

information regarding the misconduct .

(b) The board of trustees or governing body of an

educational entity is liable to the state for a civil penalty in an

amount of $1,000 for each day in which the board or governing body

is not in compliance with Subsection (a). The board or governing

body must publicly disclose the penalty amount and the reason for

the penalty at the board's or governing body's next meeting. [ The

policy required by this section must require that information

specified by Subsection (a)(1) be provided as soon as feasible

after the employing entity becomes aware that alleged misconduct

may have occurred.

[ (c) In this section, "other charter entity" has the meaning

assigned by Section 21.006. ]

SECTION 1.11. Sections 21.007 and 21.009, Education Code,

are transferred to Subchapter B, Chapter 22A, Education Code, as

added by this Act, redesignated as Sections 22A.055 and 22A.056,

Education Code, and amended to read as follows:

Sec. 22A.055 [ 21.007 ]. NOTICE ON CERTIFICATION RECORD OF

ALLEGED MISCONDUCT. (a) [ In this section, "board" means the State

Board for Educator Certification.

[ (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 determined by the board ].

(b) [ (c) ] The board must notify an educator in writing when

placing a notice of an alleged incident of misconduct on the public

certification records of the educator.

(c) [ (d) ] The board must provide an opportunity for an

educator to show cause why the notice should not be placed on the

educator's public certification records. The board shall propose

rules establishing the length of time that a notice may remain on

the educator's public certification records before the board must:

(1) initiate a proceeding to impose a sanction on the

educator on the basis of the alleged misconduct; or

(2) remove the notice from the educator's public

certification records.

(d) [ (e) ] If it is determined that the educator has not

engaged in the alleged incident of misconduct, the board shall

immediately remove the notice from the educator's public

certification records.

(e) [ (f) ] The board shall propose rules necessary to

administer this section.

Sec. 22A.056 [ 21.009 ]. PRE-EMPLOYMENT AFFIDAVIT. (a) An

applicant for employment with an educational entity, or an

applicant for 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 charged with, adjudicated for,

or convicted of an offense involving misconduct described by

Section 22A.051(a)(2) [ having an inappropriate relationship with a

minor ].

(b) An applicant who answers affirmatively concerning an

offense involving misconduct described by Section 22A.051(a)(2)

[ inappropriate relationship with a minor ] must disclose in the

affidavit all relevant facts pertaining to the charge,

adjudication, or conviction, including, for a charge, whether the

charge was determined to be true or false.

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

on a disclosed charge if the employing entity determines based on

the information disclosed in the affidavit that the charge was

false.

(d) On determining [ A determination ] that an employee

failed to disclose information required to be disclosed by an

applicant under this section , the educational entity or private

school at which the employee is employed shall terminate the

employee's [ is grounds for termination of ] employment.

(e) The board [ 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 Subsection (a) [ Section

21.003(a) or (b) ] despite being aware that the applicant had been

adjudicated for or convicted of having an inappropriate

relationship with a minor.

SECTION 1.12. Chapter 22A, Education Code, as added by this

Act, is amended by adding Subchapter C, and a heading is added to

that subchapter to read as follows:

SUBCHAPTER C. INVESTIGATION OF MISCONDUCT

SECTION 1.13. Section 22.094, Education Code, is

transferred to Subchapter C, Chapter 22A, Education Code, as added

by this Act, redesignated as Section 22A.101, Education Code, and

amended to read as follows:

Sec. 22A.101 [ 22.094 ]. NOTICE OF ALLEGED MISCONDUCT;

INVESTIGATION; HEARING. (a) A person who is employed by or

contracting with an educational entity, who does not hold a

certification or permit issued under Subchapter B, Chapter 21,

[ described by Section 22.093(b) ] and who is the subject of a report

that alleges misconduct described by Section 22A.051(a)(2)(A),

(B), (C), or (D) [ 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.

(b) On receiving a report filed under Section 22A.051(d)

[ 22.093(f) ] or making an identification described by Subsection (a)

regarding a person 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 22A.152 [ 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 22A.051(d)

[ 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 22A.051(a)(2)(A), (B),

(C), or (D) [ 22.093(c)(1)(A) or (B) ], instruct the agency to add the

person's name to the registry maintained under Section 22A.151

[ 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 22A.051(a)(2)(A), (B), (C), or (D)

[ 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 22A.151 [ 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 22A.051(a)(2)(A), (B), (C), or

(D) [ 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 22A.152 [ 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.

SECTION 1.14. Section 21.062, Education Code, is

transferred to Subchapter C, Chapter 22A, Education Code, as added

by this Act, redesignated as Section 22A.102, Education Code, and

amended to read as follows:

Sec. 22A.102 [ 21.062 ]. ISSUANCE OF SUBPOENAS. (a) During

an investigation by the commissioner of an educator or person who is

employed by or contracting with an educational entity 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.

(c) If a person fails to comply with a subpoena, the

commissioner, acting through the attorney general, may file suit to

enforce the subpoena in a district court in this state. On finding

that good cause exists for issuing the subpoena, the court shall

order the person to comply with the subpoena. The court may punish

a person who fails to obey the court order.

(d) All information and materials subpoenaed or compiled in

connection with an investigation described by Subsection (a) are

confidential and not subject to disclosure under Chapter 552,

Government Code.

(e) Except as provided by a protective order, and

notwithstanding Subsection (d), all information and materials

subpoenaed or compiled in connection with an investigation

described by Subsection (a) may be used in a disciplinary

proceeding against a person [ an educator ] based on an alleged

incident of misconduct.

SECTION 1.15. Subchapter C, Chapter 22A, Education Code, as

added by this Act, is amended by adding Section 22A.103 to read as

follows:

Sec. 22A.103. MANDATORY TERMINATION OR REVOCATION OF

CERTIFICATE OF EMPLOYEE WHO ATTEMPTS TO RESIGN OR SURRENDER

CERTIFICATE PENDING INVESTIGATION. (a) If a person employed by an

educational entity attempts to resign while the educational entity

is investigating an allegation that the person engaged in

misconduct described by Section 22A.051(a)(2)(A), (B), (C), or (D),

the educational entity:

(1) may not accept the person's resignation;

(2) shall terminate the person's employment; and

(3) shall complete the investigation.

(b) If a person issued a certificate under Subchapter B,

Chapter 21, attempts to surrender the certificate while the board

is investigating an allegation that the person engaged in

misconduct described by Section 22A.051(a)(2)(A), (B), (C), or (D),

the board:

(1) may not accept the surrender;

(2) shall revoke the certificate; and

(3) shall complete the investigation.

(c) The termination of a person's employment or revocation

of a person's certificate under this section does not preclude an

educational entity or the board from completing an investigation of

an allegation that the person engaged in misconduct described by

Section 22A.051(a)(2)(A), (B), (C), or (D) or the board from

imposing penalties on the person if the board determines that the

person engaged in the misconduct.

SECTION 1.16. Chapter 22A, Education Code, as added by this

Act, is amended by adding Subchapter D, and a heading is added to

that subchapter to read as follows:

SUBCHAPTER D. PERSONS NOT ELIGIBLE FOR EMPLOYMENT OR VOLUNTEERING

SECTION 1.17. Section 22.092, Education Code, is

transferred to Subchapter D, Chapter 22A, Education Code, as added

by this Act, redesignated as Section 22A.151, Education Code, and

amended to read as follows:

Sec. 22A.151 [ 22.092 ]. REGISTRY OF PERSONS NOT ELIGIBLE FOR

EMPLOYMENT OR VOLUNTEERING IN PUBLIC SCHOOLS. (a) The agency shall

maintain and make available through the Internet portal developed

and maintained by the agency under Section 22A.152 [ 22.095 ] a

registry of persons who are not eligible to be employed by or

volunteer at 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) 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 discharge or refuse to hire , or terminate or refuse to accept

volunteer services from, a person listed on the registry maintained

under this section.

(c) A contractor who provides services to an educational

entity may not assign duties at the entity to a person listed on the

registry maintained under this section.

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

following persons as not eligible to be employed by or volunteer at

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 22A.154(b) [ 21.058(b) ];

(4) a person whose certification or permit , or

application for a certification or permit, issued under Subchapter

B, Chapter 21, is denied or revoked by the board [ 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 whose certification or permit issued

under Subchapter B, Chapter 21, is suspended by the board for a

reason other than under Section 21.105(c), 21.160(c), or 21.210(c)

for the period of the suspension;

(6) a person who is determined by the commissioner

under Section 22A.101 [ 22.094 ] to have engaged in misconduct

described by Section 22A.051(a)(2)(A), (B), (C), or (D)

[ 22.093(c)(1)(A) or (B) ] ; and

(7) a person for whom the agency receives notice under

Article 42.018, Code of Criminal Procedure .

(e) A person described by Subsection (d) must be listed on

the registry maintained under this section regardless of whether

the person resigned from the person's position before the

completion of an investigation into the alleged misconduct.

(f) [ (d) ] The agency shall provide equivalent access to the

registry maintained under this section to:

(1) private schools;

(2) public schools; [ and ]

(3) nonprofit teacher organizations approved by the

commissioner for the purpose of participating in the tutoring

program established under Section 33.913 ; and

(4) contractors who provide services to an educational

entity .

(g) [ (e) ] The commissioner [ agency ] shall adopt rules as

necessary to implement this section , including rules that provide

for transparency measures .

SECTION 1.18. Sections 22.095 and 22.096, Education Code,

are transferred to Subchapter D, Chapter 22A, Education Code, as

added by this Act, redesignated as Sections 22A.152 and 22A.153,

Education Code, and amended to read as follows:

Sec. 22A.152 [ 22.095 ]. INTERNET PORTAL. (a) The agency

shall develop and maintain an Internet portal through which:

(1) a report required under Section 22A.051(d)

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

(2) the agency provides:

(A) electronic confirmation to the person filing

a report under Subdivision (1) that the report has been received;

and

(B) notice to the parent or guardian of a student

or minor involved in an allegation of misconduct included in the

report that the report has been submitted; and

(3) the agency makes available:

(A) the registry of persons who are not eligible

to be employed in public schools as described by Section 22A.151

[ 22.092 ]; and

(B) information indicating that a person is under

investigation for alleged misconduct in accordance with Section

22A.101(d) [ 22.094(d) ], provided that the agency must provide the

information through a procedure other than the registry described

under Paragraph (A).

(b) The agency shall develop a form on which a report

described by Subsection (a)(1) made through the Internet portal

must be submitted and ensure that each field on the form includes a

uniform standard of data entry and must be completed before the form

may be submitted.

(c) Not later than 48 hours after receipt of a report

concerning an educator under this section, the agency shall submit

the report to the board.

Sec. 22A.153 [ 22.096 ]. COMPLIANCE MONITORING. The agency

shall periodically , randomly, or on request by a member of the

legislature 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 22A.151(b) [ 22.092(b) ].

SECTION 1.19. Section 21.058, Education Code, is

transferred to Subchapter D, Chapter 22A, Education Code, as added

by this Act, redesignated as Section 22A.154, Education Code, and

amended to read as follows:

Sec. 22A.154 [ 21.058 ]. REVOCATION OF CERTIFICATE , [ AND ]

TERMINATION OF EMPLOYMENT , AND LISTING ON REGISTRY BASED ON

CONVICTION OF OR PLACEMENT ON DEFERRED ADJUDICATION COMMUNITY

SUPERVISION FOR CERTAIN OFFENSES. (a) The procedures described by

this section [ Subsections (b) and (c) ] apply only to[ :

[ (1) ] conviction of or placement on deferred

adjudication community supervision for :

(1) an offense for which a defendant is required to

register as a sex offender under Chapter 62, Code of Criminal

Procedure;

(2) [ conviction of ] a felony offense under Title 4,

Title 5, or Title 8, Penal Code[ , if the victim of the offense was

under 18 years of age at the time the offense was committed ]; or

(3) [ conviction of or placement on deferred

adjudication community supervision for ] an offense under Chapter 43

[ Section 43.24 ], Penal Code.

(b) Notwithstanding Section 21.041(b)(7), not later than

the fifth day after the date the agency or board receives notice

under Article 42.018, Code of Criminal Procedure, of the conviction

or placement on deferred adjudication community supervision of a

person who holds a certificate under Subchapter B, Chapter 21 or who

is employed by a school district or open-enrollment charter school:

(1) the agency shall:

(A) list the person in the registry maintained

under Section 22A.151; and

(B) provide to the person and to any school

district or open-enrollment charter school employing the person at

the time of the inclusion in the registry written notice of:

(i) the listing in the registry; and

(ii) the basis for the listing; and

(2) if applicable [ this subchapter ], the board shall:

(A) [ (1) ] revoke the certificate held by the

person; and

(B) [ (2) ] provide to the person[ , to the agency, ]

and to any school district or open-enrollment charter school

employing the person at the time of revocation written notice of:

(i) [ (A) ] the revocation; and

(ii) [ (B) ] the basis for the revocation.

(c) A school district or open-enrollment charter school

that receives notice under Subsection (b) of the listing of a person

in the registry maintained under Section 22A.151 or the revocation

of a person's certificate issued under Subchapter B, Chapter 21,

[ this subchapter ] shall:

(1) immediately remove the person [ whose certificate

has been revoked ] from campus or from an administrative office, as

applicable, to prevent the person from having any contact with a

student; [ and ]

(2) for a [ if the ] person [ is ] employed under a

probationary, continuing, or term contract under Chapter 21 [ this

chapter ], with the approval of the board of trustees or governing

body or a designee of the board or governing body:

(A) suspend the person without pay;

(B) provide the person with written notice that

the person's contract is void as provided by Subsection (e)

[ (c-2) ]; and

(C) terminate the employment of the person the

day notice is received; and

(3) for a person not described by Subdivision (2),

terminate the employment of the person the day notice is received

[ as soon as practicable ].

(d) [ (c-1) ] If a school district or open-enrollment charter

school becomes aware that a person employed by the district or

school [ under a probationary, continuing, or term contract under

this chapter ] has been convicted of or received deferred

adjudication for a felony offense, and the person is not subject to

Subsection (c), the district or school may :

(1) for a person employed under a probationary,

continuing, or term contract under this chapter , with the approval

of the board of trustees or governing body or a designee of the

board of trustees or governing body:

(A) [ (1) ] suspend the person without pay;

(B) [ (2) ] provide the person with written notice

that the person's contract is void as provided by Subsection (e)

[ (c-2) ]; and

(C) [ (3) ] terminate the employment of the person

as soon as practicable ; or

(2) for a person not described by Subdivision (1),

terminate the employment of the person as soon as practicable .

(e) [ (c-2) ] A person's probationary, continuing, or term

contract under Chapter 21 is void if, with the approval of the board

of trustees or governing body or a designee of the board or

governing body, the school district or open-enrollment charter

school takes action under Subsection (c)(2)(B) or (d)(1)(B)

[ (c-1)(2) ].

(f) [ (d) ] A person whose certificate is revoked under

Subsection (b) may reapply for a certificate in accordance with

board rules.

(g) [ (e) ] Action taken by a school district or

open-enrollment charter school under Subsection (c) or (d) [ (c-1) ]

is not subject to appeal under this chapter, and the notice and

hearing requirements of this chapter do not apply to the action.

SECTION 1.20. Section 22.085, Education Code, is

transferred to Subchapter D, Chapter 22A, Education Code, as added

by this Act, redesignated as Section 22A.155, Education Code, and

amended to read as follows:

Sec. 22A.155 [ 22.085 ]. EMPLOYEES AND APPLICANTS CONVICTED

OF OR PLACED ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR

CERTAIN OFFENSES. (a) An educational entity [ A school district,

open-enrollment charter school, or shared services arrangement ]

shall discharge or refuse to hire an employee or applicant for

employment if the entity [ district, school, or shared services

arrangement ] obtains information through a criminal history record

information review that the employee or applicant has been[ :

[ (1) ] convicted of or placed on deferred adjudication

community supervision for :

(1) 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 4, Title 5, or

Title 8, Penal Code[ , if the victim of the offense was under 18

years of age at the time the offense was committed ];

(3) an offense under Chapter 43, Penal Code; or

(4) [ (B) ] an offense under the laws of another state

or federal law that is equivalent to an offense under Subdivision

(1) , (2), or (3) [ Paragraph (A) ].

(b) Subsection (a) does not apply if the employee or

applicant for employment committed an offense under Title 4, Title

5, or Title 8, Penal Code and:

(1) the date of the offense is more than 30 years

before:

(A) the effective date of S.B. No. 9, Acts of the

80th Legislature, Regular Session, 2007, in the case of a person

employed by a school district, open-enrollment charter school, or

shared services arrangement as of that date; or

(B) the date the person's employment will begin,

in the case of a person applying for employment with a school

district, open-enrollment charter school, or shared services

arrangement after the effective date of S.B. No. 9, Acts of the 80th

Legislature, Regular Session, 2007; and

(2) the employee or applicant for employment satisfied

all terms of the court order entered on conviction.

(c) An educational entity [ A school district,

open-enrollment charter school, or shared services arrangement ]

may not allow a person who is an employee of or applicant for

employment by a qualified school contractor or an entity that

contracts with the entity [ district, school, or shared services

arrangement ] to serve [ at the district or school or ] for the entity

[ shared services arrangement ] if the entity [ district, school, or

shared services arrangement ] obtains information described by

Subsection (a) through a criminal history record information review

concerning the employee or applicant. An educational entity [ A

school district, open-enrollment charter school, or shared

services arrangement ] must ensure that an entity that the

educational entity [ district, school, or shared services

arrangement ] contracts with for services has obtained all criminal

history record information as required by Section 22.0834.

(d) An educational entity or [ A school district,

open-enrollment charter school, ] private school[ , regional

education service center, or shared services arrangement ] may

discharge an employee if the entity [ district ] or school obtains

information of the employee's conviction of a felony or of a

misdemeanor involving moral turpitude that the employee did not

disclose to the board [ State Board for Educator Certification ] or

the entity or [ district, ] school[ , service center, or shared

services arrangement ]. An employee discharged under this section

is considered to have been discharged for misconduct for purposes

of Section 207.044, Labor Code.

(e) The board [ State Board for Educator Certification ] may

impose a sanction on an educator , or the agency may impose a

sanction on an employee who is not an educator, who does not

discharge another [ an ] employee or refuse to hire an applicant for

employment if the educator or employee knows or should have known,

through a criminal history record information review, that the

other employee or applicant has been[ :

[ (1) ] convicted of or placed on deferred adjudication

community supervision for an offense described by Subsection (a)

[ (a)(1); or

[ (2) convicted of an offense described by Subsection

(a)(2) ].

(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.

SECTION 1.21. Chapter 22A, Education Code, as added by this

Act, is amended by adding Subchapter E to read as follows:

SUBCHAPTER E. OTHER REPORTING REQUIREMENTS

Sec. 22A.201. REPORT BY EDUCATIONAL ENTITIES TO AGENCY. An

educational entity shall include in the entity's Public Education

Information Management System (PEIMS) report the number of

employees alleged to have engaged in misconduct described by

Section 22A.051(a)(2)(A), (B), (C), or (D) during the preceding

school year, disaggregated by whether the employee is an educator

and type of misconduct.

Sec. 22A.202. REPORT BY AGENCY. (a) The agency, in

cooperation with the board, shall, on a quarterly basis, submit to

the legislature and post on the agency's Internet website a report

on employee misconduct reported under this chapter.

(b) A report under Subsection (a) must include the number of

employees added to the registry maintained under Section 22A.151

for misconduct described by Section 22A.051(a)(2)(A), (B), (C), or

(D), disaggregated by type of misconduct, house district, senate

district, and, if applicable, school district.

SECTION 1.22. Chapter 22A, Education Code, as added by this

Act, is amended by adding Subchapter F, and a heading is added to

that subchapter to read as follows:

SUBCHAPTER F. REQUIRED MISCONDUCT REPORTING: PRIVATE SCHOOLS

SECTION 1.23. Section 21.0062, Education Code, is

transferred to Subchapter F, Chapter 22A, Education Code, as added

by this Act, redesignated as Section 22A.251, Education Code, and

amended to read as follows:

Sec. 22A.251 [ 21.0062 ]. REQUIREMENT TO REPORT MISCONDUCT:

PRIVATE SCHOOLS. (a) In this section , "private [ :

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

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

student or minor and private school educator.

[ (2) "Private ] school educator" means a person

employed by or seeking employment in a private school for a position

in which the person would be required to hold a certificate issued

under Subchapter B , Chapter 21, if the person were employed by a

school district.

(b) In addition to the reporting requirement under Section

261.101, Family Code, the chief administrative officer of a private

school shall notify the board [ State Board for Educator

Certification ] if a private school educator:

(1) has a criminal record and the private school

obtained information about the educator's criminal record; or

(2) was terminated and there is evidence that the

educator:

(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.

(c) If there is evidence that a private school educator may

have engaged in misconduct described by Subsection (b) and the

educator resigns from employment before completion of the

investigation, the chief administrative officer of the private

school shall submit the evidence of misconduct collected to the

board [ State Board for Educator Certification ].

(d) The chief administrative officer of the private school

must notify the board [ State Board for Educator Certification ] by

filing a report with the board not later than the seventh business

day after the date the chief administrative officer knew that a

private school educator:

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

(2) was terminated following an alleged incident of

misconduct described by Subsection (b)(2).

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

(1) in writing; and

(2) in a form prescribed by the board.

(f) Any person who knows or has reason to believe that a

private school educator engaged in the misconduct described by

Subsection (b)(2) may file a report with the board [ State Board for

Educator Certification ] under this section.

(g) A chief administrative officer of a private school or

any other person who in good faith files a report with the board

[ State Board for Educator Certification ] under this section or

communicates with a chief administrative officer or other

administrator of a private school concerning the criminal record of

or an alleged incident of misconduct by a private school educator is

immune from civil or criminal liability that might otherwise be

incurred or imposed.

(h) The name of a student or minor who is the victim of abuse

or unlawful conduct by a private school educator must be included in

a report filed under this section, but the name of the student or

minor is not public information under Chapter 552, Government Code.

(i) The board [ State Board for Educator Certification ]

shall propose rules as necessary to implement this section.

ARTICLE 2. CONFORMING CHANGES

SECTION 2.01. Section 7.028(a), Education Code, is amended

to read as follows:

(a) Except as provided by Section 22A.051(m) [ 21.006(k) ],

22A.153 [ 22.093(l), 22.096 ], 28.006, 29.001(5), 29.010(a),

33.006(h), 37.1083, 37.1084, 38.003, or 39.003, the agency may

monitor compliance with requirements applicable to a process or

program provided by a school district, campus, program, or school

granted charters under Chapter 12, including the process described

by Subchapter F, Chapter 11, or a program described by Subchapter B,

C, D, E, F, H, or I, Chapter 29, or Subchapter A, Chapter 37, only as

necessary to ensure:

(1) compliance with federal law and regulations;

(2) financial accountability, including compliance

with grant requirements;

(3) data integrity for purposes of:

(A) the Public Education Information Management

System (PEIMS); and

(B) accountability under Chapters 39 and 39A; and

(4) qualification for funding under Chapter 48.

SECTION 2.02. Section 12.0271, Education Code, is amended

to read as follows:

Sec. 12.0271. FAILURE TO DISCHARGE OR REFUSE TO HIRE OR

TERMINATE OR REFUSE SERVICES FROM CERTAIN EMPLOYEES , [ OR ]

APPLICANTS , OR VOLUNTEERS . A home-rule school district commits a

material violation of the school district's charter if the school

district fails to comply with the duty to discharge or refuse to

hire , or terminate or refuse to accept volunteer services from,

certain employees , [ or ] applicants for employment , or volunteers

under Section 22A.151 or 22A.155, as applicable [ 22.085 or 22.092 ].

SECTION 2.03. Section 12.0631, Education Code, is amended

to read as follows:

Sec. 12.0631. FAILURE TO DISCHARGE OR REFUSE TO HIRE OR

TERMINATE OR REFUSE SERVICES FROM CERTAIN EMPLOYEES , [ OR ]

APPLICANTS , OR VOLUNTEERS . A campus or campus program granted a

charter under this subchapter commits a material violation of its

charter if the campus or program fails to comply with the duty to

discharge or refuse to hire , or terminate or refuse to accept

volunteer services from, certain employees , [ or ] applicants for

employment , or volunteers under Section 12.1059, 22A.151, or

22A.155, as applicable [ 22.085, or 22.092 ].

SECTION 2.04. Section 12.104(b), Education Code, is amended

to read as follows:

(b) An open-enrollment charter school is subject to:

(1) a provision of this title establishing a criminal

offense;

(2) the provisions in Chapter 554, Government Code;

and

(3) a prohibition, restriction, or requirement, as

applicable, imposed by this title or a rule adopted under this

title, relating to:

(A) the Public Education Information Management

System (PEIMS) to the extent necessary to monitor compliance with

this subchapter as determined by the commissioner;

(B) criminal history records under Subchapter C,

Chapter 22;

(C) reading instruments and accelerated reading

instruction programs under Section 28.006;

(D) accelerated instruction under Section

28.0211;

(E) high school graduation requirements under

Section 28.025;

(F) special education programs under Subchapter

A, Chapter 29;

(G) bilingual education under Subchapter B,

Chapter 29;

(H) prekindergarten programs under Subchapter E

or E-1, Chapter 29, except class size limits for prekindergarten

classes imposed under Section 25.112, which do not apply;

(I) extracurricular activities under Section

33.081;

(J) discipline management practices or behavior

management techniques under Section 37.0021;

(K) health and safety under Chapter 38;

(L) the provisions of Subchapter A, Chapter 39;

(M) public school accountability and special

investigations under Subchapters A, B, C, D, F, G, and J, Chapter

39, and Chapter 39A;

(N) the requirement under Section 22A.051

[ 21.006 ] to report an educator's misconduct;

(O) intensive programs of instruction under

Section 28.0213;

(P) the right of a school employee to report a

crime, as provided by Section 37.148;

(Q) bullying prevention policies and procedures

under Section 37.0832;

(R) the right of a school under Section 37.0052

to place a student who has engaged in certain bullying behavior in a

disciplinary alternative education program or to expel the student;

(S) the right under Section 37.0151 to report to

local law enforcement certain conduct constituting assault or

harassment;

(T) a parent's right to information regarding the

provision of assistance for learning difficulties to the parent's

child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);

(U) establishment of residency under Section

25.001;

(V) school safety requirements under Sections

37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,

37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and

37.2071 and Subchapter J, Chapter 37;

(W) the early childhood literacy and mathematics

proficiency plans under Section 11.185;

(X) the college, career, and military readiness

plans under Section 11.186; and

(Y) parental options to retain a student under

Section 28.02124.

SECTION 2.05. Section 12.1059, Education Code, is amended

to read as follows:

Sec. 12.1059. REQUIREMENTS FOR EMPLOYMENT OF CERTAIN

EMPLOYEES. A person may not be employed by or serve as a teacher,

librarian, educational aide, administrator, or school counselor

for an open-enrollment charter school unless:

(1) the person has been approved by the agency

following a review of the person's national criminal history record

information as provided by Section 22.0832; and

(2) the school has confirmed that the person is not

included in the registry under Section 22A.151 [ 22.092 ].

SECTION 2.06. Section 12.1151, Education Code, is amended

to read as follows:

Sec. 12.1151. FAILURE TO DISCHARGE OR REFUSE TO HIRE OR

TERMINATE OR REFUSE SERVICES FROM CERTAIN EMPLOYEES , [ OR ]

APPLICANTS , OR VOLUNTEERS . An open-enrollment charter school

commits a material violation of the school's charter if the school

fails to comply with the duty to discharge or refuse to hire , or

terminate or refuse to accept volunteer services from, certain

employees , [ or ] applicants for employment , or volunteers under

Section 12.1059, 22A.151, or 22A.155, as applicable [ 22.085, or

22.092 ].

SECTION 2.07. Section 12.252(b), Education Code, is amended

to read as follows:

(b) An adult education program operated under a charter

granted under this subchapter is subject to:

(1) a provision of this title establishing a criminal

offense; and

(2) a prohibition, restriction, or requirement, as

applicable, imposed by this title or a rule adopted under this

title, relating to:

(A) the Public Education Information Management

System (PEIMS) to the extent necessary as determined by the

commissioner to monitor compliance with this subchapter and, as

applicable, Subchapter D;

(B) criminal history records under Subchapter C,

Chapter 22;

(C) high school graduation requirements under

Section 28.025, to the extent applicable to a program participant;

(D) special education programs under Subchapter

A, Chapter 29;

(E) bilingual education under Subchapter B,

Chapter 29;

(F) health and safety under Chapter 38;

(G) the requirement under Section 22A.051

[ 21.006 ] to report an educator's misconduct; and

(H) the right of an employee to report a crime, as

provided by Section 37.148.

SECTION 2.08. Section 12A.008(b-1), Education Code, is

amended to read as follows:

(b-1) The commissioner may terminate a district's

designation as a district of innovation if the district fails to

comply with the duty to discharge or refuse to hire certain

employees or applicants for employment under Section 12.1059,

applicable to the district under Section 12A.004(a)(1), or Section

22A.151 or 22A.155 [ 22.085 or 22.092 ].

SECTION 2.09. Section 21.054(e), Education Code, is amended

to read as follows:

(e) Continuing education requirements for a principal must

provide that not more than 25 percent of the training required every

five years include instruction regarding:

(1) effective and efficient management, including:

(A) collecting and analyzing information;

(B) making decisions and managing time; and

(C) supervising student discipline and managing

behavior;

(2) recognizing early warning indicators that a

student may be at risk of dropping out of school;

(3) digital learning, digital teaching, and

integrating technology into campus curriculum and instruction;

(4) effective implementation of a comprehensive

school counseling program under Section 33.005;

(5) mental health programs addressing a mental health

condition;

(6) educating diverse student populations, including:

(A) students who are educationally

disadvantaged;

(B) emergent bilingual students; and

(C) students at risk of dropping out of school;

and

(7) preventing, recognizing, and reporting any sexual

conduct between an educator and student that is prohibited under

Section 21.12, Penal Code, or for which reporting is required under

Section 22A.051 [ 21.006 ] of this code.

SECTION 2.10. Section 22.0815(a), Education Code, is

amended to read as follows:

(a) In this section, "other charter entity" has the meaning

assigned by Section 22A.001 [ 21.006 ].

SECTION 2.11. Section 22.0825(a), Education Code, is

amended to read as follows:

(a) In this section, "other charter entity" has the meaning

assigned by Section 22A.001 [ 21.006 ].

SECTION 2.12. Section 22.0833(g), Education Code, is

amended to read as follows:

(g) A school district, open-enrollment charter school, or

shared services arrangement shall provide the agency with the name

of a person to whom this section applies. The agency shall obtain

all criminal history record information of the person through the

criminal history clearinghouse as provided by Section 411.0845,

Government Code. The agency shall examine the criminal history

record information of the person and notify the district, school,

or shared services arrangement if the person may not be hired or

must be discharged as provided by Section 22A.155 [ 22.085 ].

SECTION 2.13. Section 22.0834(o), Education Code, is

amended to read as follows:

(o) A school district, charter school, regional education

service center, commercial transportation company, education

shared services arrangement, or qualified school contractor,

contracting entity, or subcontracting entity may not permit an

employee to whom Subsection (a) applies to provide services at a

school if the employee has been convicted of a felony or misdemeanor

offense that would prevent a person from being employed under

Section 22A.155(a) [ 22.085(a) ].

SECTION 2.14. Section 22.0836(g), Education Code, is

amended to read as follows:

(g) A school district, open-enrollment charter school, or

shared services arrangement shall provide the agency with the name

of a person to whom this section applies. The agency shall obtain

all criminal history record information of the person through the

criminal history clearinghouse as provided by Section 411.0845,

Government Code. The agency shall examine the criminal history

record information and certification records of the person and

notify the district, school, or shared services arrangement if the

person:

(1) may not be hired or must be discharged as provided

by Section 22A.155 [ 22.085 ]; or

(2) may not be employed as a substitute teacher

because the person's educator certification has been revoked or is

suspended.

SECTION 2.15. Section 33.913(b), Education Code, is amended

to read as follows:

(b) To participate in the program as a tutor, a person must:

(1) be an active or retired teacher;

(2) apply for the position in a manner specified by the

nonprofit organization;

(3) designate in the application whether the person

plans to provide tutoring:

(A) for compensation, on a volunteer basis, or

both; and

(B) in person, online, or both; and

(4) not be included in the registry of persons not

eligible for employment by a public school under Section 22A.151

[ 22.092 ].

SECTION 2.16. Section 39.0302(a), Education Code, is

amended to read as follows:

(a) During an agency investigation or audit of a school

district under Section 39.0301(e) or (f), a special investigation

under Section 39.003(a)(8) or (14), a compliance review under

Section 22A.051(m) [ 21.006(k), 22.093(l), ] or 22A.153 [ 22.096 ], or

an investigation by the State Board for Educator Certification of

an educator for an alleged violation of an assessment instrument

security procedure established under Section 39.0301(a), the

commissioner may issue a subpoena to compel the attendance of a

relevant witness or the production, for inspection or copying, of

relevant evidence that is located in this state.

SECTION 2.17. Section 810.003(a), Health and Safety Code,

is amended to read as follows:

(a) The department, in collaboration with each

participating state agency, shall establish an interagency

reportable conduct search engine for persons to search information

on reportable conduct in accordance with this chapter and rules

adopted under this chapter maintained by:

(1) the Department of Family and Protective Services

in the central registry established under Section 261.002, Family

Code;

(2) the Health and Human Services Commission in the

employee misconduct registry established under Chapter 253;

(3) the Texas Education Agency in the registry

established under Section 22A.151 [ 22.092 ], Education Code; and

(4) the Texas Juvenile Justice Department in the

integrated certification information system and in any informal

list the Texas Juvenile Justice Department maintains.

SECTION 2.18. Section 810.004(b), Health and Safety Code,

is amended to read as follows:

(b) In addition to the eligible individuals described by

Subsection (a), each participating state agency shall designate

additional users who are eligible to access the search engine and

may require those users to determine whether an individual has

engaged in reportable conduct. The additional designated users may

include controlling persons, hiring managers, or administrators

of:

(1) licensed or certified long-term care providers,

including:

(A) home and community support services agencies

licensed under Chapter 142;

(B) nursing facilities licensed under Chapter

242;

(C) assisted living facilities licensed under

Chapter 247;

(D) prescribed pediatric extended care centers

licensed under Chapter 248A;

(E) intermediate care facilities for individuals

with an intellectual disability licensed under Chapter 252;

(F) state supported living centers, as defined by

Section 531.002; and

(G) day activity and health services facilities

licensed under Chapter 103, Human Resources Code;

(2) providers under a Section 1915(c) waiver program,

as defined by Section 521.0001 [ 531.001 ], Government Code;

(3) juvenile probation departments and registered

juvenile justice facilities;

(4) independent school districts, districts of

innovation, open-enrollment charter schools, other charter

entities, as defined by Section 22A.001 [ 21.006 ], Education Code,

regional education service centers, education shared services

arrangements, or any other educational entity or provider that is

authorized to access the registry established under Section 22A.151

[ 22.092 ], Education Code;

(5) private schools that:

(A) offer a course of instruction for students in

this state in one or more grades from prekindergarten through grade

12; and

(B) are:

(i) accredited by an organization

recognized by the Texas Education Agency or the Texas Private

School Accreditation Commission;

(ii) listed in the database of the National

Center for Education Statistics of the United States Department of

Education; or

(iii) otherwise authorized by Texas

Education Agency rule to access the search engine; and

(6) nonprofit teacher organizations approved by the

commissioner of education for the purpose of participating in the

tutoring program established under Section 33.913, Education Code.

SECTION 2.19. The following provisions of the Education

Code are repealed:

(1) the heading to Section 21.006;

(2) the heading to Subchapter C-1, Chapter 22;

(3) Section 22.091; and

(4) Section 22.093.

ARTICLE 3. TRANSITION AND EFFECTIVE DATE

SECTION 3.01. This Act applies beginning with the 2025-2026

school year.

SECTION 3.02. To the extent of any conflict, this Act

prevails over another Act of the 89th Legislature, Regular Session,

2025, relating to nonsubstantive additions to and corrections in

enacted codes.

SECTION 3.03. Except as otherwise provided by this Act,

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.