Lowe’s ‘Employee Misconduct’ Watchdog Can Investigate Districts For Anything

The text as introduced · 1,699 words

By: Lowe
H.B. No. 5406

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the office of inspector general,

appointed by the State Board of Education, with jurisdiction to

investigate allegations of public school employee misconduct.

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

SECTION 1. Subtitle D, Title 2, Education Code, is amended

by adding Chapter 22A to read as follows:

CHAPTER 22A. OFFICE OF INSPECTOR GENERAL

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 22A.001. DEFINITION. In this chapter, "office" means

the office of inspector general established under this chapter.

Sec. 22A.002. OFFICE OF INSPECTOR GENERAL. (a) The office

of inspector general is established as a division of the State Board

of Education. The office shall operate independently in performing

the office's duties under this chapter, and the board may not

maintain control of or have a vested interest in or exert influence

over the office.

(b) The board shall appoint an inspector general to serve as

director of the office. The inspector general serves a term of four

years and must be limited to no greater than 12 years total as

inspector general, whether consecutive or non-consecutive. The

inspector general may be removed for cause only by a unanimous vote

of the board. A former inspector general may be employed in the

office in a subordinate role.

(c) The board shall provide staff and administrative

resources and support services as necessary to ensure that

investigations authorized by this chapter are conducted

expeditiously.

SUBCHAPTER B. POWERS AND DUTIES

Sec. 22A.051. GENERAL RESPONSIBILITIES. (a) The office is

responsible for the investigation of allegations of public school

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

or 22.093(c)(1)(A) or (B).

(b) The office may:

(1) receive and investigate allegations of public

school employee misconduct described by Section 21.006(b)(2)(A) or

(A-1) or 22.093(c)(1)(A) or (B);

(2) conduct special investigations authorized by the

board under Section 39.003(a); and

(3) make findings of fact regarding an allegation

described by Subdivision (1).

(c) The office shall perform all other duties and exercise

all other powers granted to the office by this chapter or other law.

Sec. 22A.052. GENERAL POWERS. (a) The office has all the

powers necessary or appropriate to carry out its responsibilities

and functions under this chapter and other law.

(b) Subject to Subsection (c), in conducting an

investigation under this chapter, the office may:

(1) attend any meeting or proceeding of a school

district or open-enrollment charter school, including a meeting or

proceeding that is closed to the public, except for a private

consultation of the entity with its attorney permitted under

Section 551.071, Government Code; and

(2) inspect the records, documents, and files of a

school district or open-enrollment charter school, including any

record, document, or file that is not subject to public disclosure

under Chapter 552, Government Code, or other law.

(c) The office's authority under Subsection (b) applies

only to a meeting, a proceeding, or information that is relevant to

the discovery of relevant information regarding an allegation of

public school employee misconduct described by Section

21.006(b)(2)(A) or (A-1) or 22.093(c)(1)(A) or (B). The office may

not inspect a record, document, or file that is a privileged

communication between an individual and the individual's attorney.

(d) The inspection or disclosure of a record, document, or

file for purposes of an investigation under this chapter is not a

voluntary disclosure under Section 552.007, Government Code. A

record, document, or file made available to the office for purposes

of an investigation under this chapter is not subject to public

disclosure by the office.

Sec. 22A.053. SUBPOENAS. (a) The inspector general may

issue a subpoena to compel the attendance of a relevant witness at

a hearing or deposition under this chapter or to compel the

production, for inspection or copying, of books, papers, records,

documents, or other relevant materials, including electronic data,

in connection with an investigation, review, hearing, or

deposition conducted under this chapter.

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

mail. If a person fails to comply with a subpoena, the inspector

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

enforce the subpoena in a district court in this state.

(c) On finding that good cause exists for issuing the

subpoena, the court shall order the person to comply with the

subpoena. The court may hold in contempt a person who fails to obey

the court order.

Sec. 22A.054. COOPERATION WITH LOCAL LAW ENFORCEMENT. The

office may refer matters for further criminal action to an

appropriate local law enforcement agency.

Sec. 22A.055. CONFIDENTIALITY. (a) Information received by

the office regarding an allegation of misconduct is confidential

and not subject to disclosure under Chapter 552, Government Code.

The office shall maintain the information in a manner that

preserves the information's confidentiality.

(b) The disclosure of confidential information to the

office under this chapter does not constitute a waiver of

confidentiality. Any information disclosed to the office under

this chapter remains confidential and privileged following

disclosure.

(c) This section does not prohibit the office from

communicating with the Texas Education Agency, the State Board of

Education, a school district, or an open-enrollment charter school,

regarding confidential information disclosed to the office by the

agency, board, district, or open-enrollment charter school.

Sec. 22A.056. RETALIATION PROHIBITED. (a) The agency, the

board, a school district, or an open-enrollment charter school may

not retaliate against:

(1) a parent of a child enrolled in a school district

or open-enrollment charter school who in good faith reports an

allegation of misconduct to the office;

(2) a child enrolled in a school district or

open-enrollment charter school whose parent in good faith reports

an allegation of misconduct to the office; or

(3) any person, including an employee of the agency,

board, district, or open-enrollment charter school, who in good

faith cooperates with the office in an investigation.

(b) The office shall collaborate with the board to establish

consequences for a retaliatory action taken in violation of this

section.

Sec. 22A.057. REPORT. The inspector general shall issue

and file with the board a report that contains the inspector

general's final determinations regarding an allegation of

misconduct and any recommended actions to be taken as a result of

the allegation.

SECTION 2. Section 39.003(a), Education Code, is amended to

read as follows:

(a) The commissioner , or inspector general as established

by Chapter 22A, may authorize special investigations to be

conducted:

(1) when excessive numbers of absences of students

eligible to be tested on state assessment instruments are

determined;

(2) when excessive numbers of allowable exemptions

from the required state assessment instruments are determined;

(3) in response to complaints submitted to the State

Board of Education [ agency ] with respect to alleged violations of

civil rights or other requirements imposed on the state by federal

law or court order;

(4) in response to established compliance reviews of

the district's financial accounting practices and state and federal

program requirements;

(5) when extraordinary numbers of student placements

in disciplinary alternative education programs, other than

placements under Sections 37.006 and 37.007, are determined;

(6) in response to an allegation involving a conflict

between members of the school board of trustees or between the State

Board of Education [ board ] the district administration if it

appears that the conflict involves a violation of a role or duty of

the school board members or the administration clearly defined by

this code;

(7) when excessive numbers of students in special

education programs under Subchapter A, Chapter 29, are assessed

through assessment instruments developed or adopted under Section

39.023(b);

(8) in response to an allegation regarding or an

analysis using a statistical method result indicating a possible

violation of an assessment instrument security procedure

established under Section 39.0301, including for the purpose of

investigating or auditing a school district under that section;

(9) when a significant pattern of decreased academic

performance has developed as a result of the promotion in the

preceding two school years of students who did not perform

satisfactorily as determined by the commissioner, or inspector

general as established by Chapter 22A, under Section 39.0241(a) on

assessment instruments administered under Section 39.023(a), (c),

or (l);

(10) when excessive numbers of students eligible to

enroll fail to complete an Algebra II course or any other advanced

course as determined by the commissioner , or inspector general as

established by Chapter 22A ;

(11) when resource allocation practices as evaluated

under Section 39.0821 indicate a potential for significant

improvement in resource allocation;

[ (12) when a disproportionate number of students of a

particular demographic group is graduating with a particular

endorsement under Section 28.025(c-1); ]

(12) [ (13) ] when an excessive number of students is

graduating with a particular endorsement under Section

28.025(c-1);

(13) [ (14) ] in response to a complaint submitted to the

board [ agency ] with respect to alleged inaccurate data that is

reported through the Public Education Information Management

System (PEIMS) or through other reports required by state or

federal law or rule or court order and that is used by the board

[ agency ] to make a determination relating to public school

accountability, including accreditation, under this chapter;

(14) [ (15) ] when 10 percent or more of the students

graduating in a particular school year from a particular high

school campus are awarded a diploma based on the determination of an

individual graduation committee under Section 28.0258;

(15) [ (16) ] when a school district for any reason

fails to produce, at the request of the board [ agency ], evidence or

an investigation report relating to an educator who is under

investigation by the State Board for Educator Certification; [ or ]

(16) [ (17) ] by the office of inspector general for the

purpose of investigating allegations of public school employee

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

22.093(c)(1)(A) or (B); or

(17) as the commissioner or inspector general

otherwise determines necessary.

SECTION 3. As soon as practicable after the effective date

of this Act, the State Board of Education shall appoint an inspector

general under Chapter 22A, Education Code, as added by this Act.

SECTION 4. This Act takes effect September 1, 2025.