Campbell Bill Takes School Abuse Investigations Away From Local Leaders

The text as introduced · 6,751 words

89R7656 MEW-F

By: Campbell
S.B. No. 1743

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the office of inspector general for

education at the Texas Education Agency to investigate the

administration of public education and required reporting on

misconduct by employees of certain educational entities; creating a

criminal offense; increasing an administrative penalty;

authorizing an administrative penalty.

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

SECTION 1. Chapter 7, Education Code, is amended by adding

Subchapter E to read as follows:

SUBCHAPTER E. OFFICE OF INSPECTOR GENERAL FOR EDUCATION

Sec. 7.151. DEFINITIONS. In this subchapter:

(1) "Inspector general" means the inspector general

for education appointed under this subchapter.

(2) "Office" means the office of inspector general for

education established under this subchapter.

Sec. 7.152. OFFICE OF INSPECTOR GENERAL FOR EDUCATION. (a)

The office of inspector general for education is established as a

separate and independent division within the agency. The office

shall operate independently in performing the office's duties under

this subchapter, and the agency may not maintain control of or a

vested interest in or exert influence over the office.

(b) The board shall, by a vote of at least two-thirds of

board members and subject to the advice and consent of the senate,

appoint an inspector general to serve as director of the office.

(c) The appointment of inspector general shall be made

without regard to political affiliation. To be eligible for

appointment as inspector general, a person must be:

(1) certified as an inspector general investigator by

the Association of Inspectors General or possess an equivalent

credential as determined by that association; and

(2) qualified, by experience or education, in:

(A) at least one of the following areas of

primary expertise:

(i) the practice of law;

(ii) fraud investigation; or

(iii) the operations of an inspector

general; and

(B) at least two of the following areas of

secondary expertise:

(i) whistleblower investigations;

(ii) criminal investigations;

(iii) auditing;

(iv) government operations;

(v) financial analysis; or

(vi) operation management analysis.

(d) The inspector general serves for a term of four years

and continues to serve until a successor has been appointed. The

inspector general may be reappointed for subsequent terms.

(e) If a vacancy occurs in the position of inspector general

and has remained unfilled for more than 60 days, the governor may

appoint an interim inspector general to serve until a successor is

appointed.

(f) The inspector general may be removed by the board by a

vote of at least two-thirds of board members for:

(1) substantiated malfeasance or gross misfeasance in

office;

(2) evidence of persistent failure to perform the

duties of the office; or

(3) substantiated conduct prejudicial to the proper

administration of justice.

(g) The inspector general shall be compensated under Salary

Schedule C of the General Appropriations Act.

Sec. 7.153. ADMINISTRATIVE POWERS AND DUTIES. (a) The

inspector general may employ professional staff, investigators,

and other personnel, including peace officers, as necessary for the

office to perform its duties.

(b) The inspector general shall supervise all personnel

employed by the office.

(c) The inspector general shall adopt a professional code of

conduct and ethics for all office employees that ensures the office

maintains the highest standards of integrity, impartiality, and

confidentiality.

(d) The inspector general and each office employee is

subject to all applicable state laws regarding ethics and conflicts

of interest, including the nepotism prohibitions under Chapter 573,

Government Code. The board shall adopt protocols for the office to

ensure the office's compliance with all applicable laws.

(e) The agency shall provide administrative, logistical,

and financial support to the office as necessary to facilitate the

successful and impartial operation of the office without prejudice

or undue influence on the office's functions, powers, or duties.

Sec. 7.154. GENERAL RESPONSIBILITIES. (a) The office

shall:

(1) perform inspections, evaluations, and reviews and

provide quality control for investigations initiated by the agency;

(2) investigate complaints and allegations of:

(A) fraud, waste, or abuse of agency money;

(B) employee misconduct described by Section

21.006(b)(2)(A) or (A-1) or 22.093(c)(1)(A) or (B); or

(C) conduct by an employee of the agency that:

(i) threatens the safety of public school

students in this state; or

(ii) demonstrates negligence,

incompetence, misfeasance, or malfeasance;

(3) cooperate with and coordinate investigative

efforts with law enforcement and, if a preliminary investigation

establishes a sufficient basis for referral to law enforcement,

refer the matter to the appropriate local law enforcement agency,

prosecuting attorney, or federal law enforcement agency; and

(4) perform all other duties required under the

memorandum of understanding entered into under Section 7.157.

(b) If the office is unable to investigate a complaint or

allegation because of a conflict of interest, the office shall

refer the complaint or allegation to the attorney general for

referral to another investigative entity.

Sec. 7.155. GENERAL POWERS. (a) In conducting an

investigation under Section 7.154(a)(2), the inspector general

may:

(1) issue letters of spoliation to any person who may

possess or control evidence relevant to an investigation;

(2) subpoena any person or evidence;

(3) administer oaths;

(4) take and certify affidavits;

(5) take depositions and other testimony; and

(6) access all records produced or maintained by an

entity that is the subject of the investigation.

(b) A letter of spoliation issued under Subsection (a) must:

(1) identify the specific evidence relevant to the

investigation;

(2) explain the importance of preserving the evidence;

and

(3) inform the letter recipient of the potential legal

consequences of failing to preserve evidence subject to the letter.

(c) An entity that is the subject of an investigation shall

provide access to any record requested by the inspector general not

later than the 30th day after the date on which the inspector

general notifies the entity of the request.

(d) If a person fails to comply with a subpoena issued under

Subsection (a), the inspector general, acting through the attorney

general, may file suit to enforce the subpoena in a district court

in this state. On a finding that good cause exists for issuing the

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

subpoena and may punish a person who fails to obey the court order.

(e) In addition to the inspector general's powers under

Subsection (d), the inspector general may coordinate with a local

law enforcement agency or the attorney general to seek a court order

to compel the preservation of evidence or obtain access to relevant

documents or information.

Sec. 7.156. DUTY TO INVESTIGATE EMPLOYEE MISCONDUCT;

REFERRAL OF FINDINGS OF MISCONDUCT. (a) Notwithstanding Section

21.062, the office has the exclusive duty and responsibility to

investigate allegations of employee misconduct described by

Section 21.006(b)(2)(A) or (A-1) or 22.093(c)(1)(A) or (B).

(b) Not later than the 120th day after the date on which an

investigation by the office into employee misconduct described by

Section 21.006(b)(2)(A) or (A-1) or 22.093(c)(1)(A) or (B) results

in a substantiated finding of misconduct, the inspector general

shall refer the findings for appropriate administrative action to:

(1) if the employee who engaged in the misconduct is an

educator, the State Board for Educator Certification; or

(2) if the employee who engaged in the misconduct is

not an educator, the commissioner.

(c) The State Board for Educator Certification or

commissioner, as applicable, shall determine the appropriate

administrative action to take under Subsection (b) based on the

applicable state law and rules governing standards for

certification and employee conduct.

(d) The inspector general shall adopt rules to implement

this section in accordance with Chapter 552, Government Code.

Sec. 7.157. MEMORANDUM OF UNDERSTANDING; REPORT. (a) The

inspector general, board, and attorney general shall enter into a

memorandum of understanding to develop and implement procedures

regarding allegations of fraud, waste, or abuse of agency money or

other violations of state or federal law. The memorandum of

understanding shall require:

(1) the inspector general and attorney general to:

(A) set priorities and guidelines regarding the

referral of matters from the inspector general to the attorney

general, including allegations of conduct that would constitute a

violation of or an offense under any of the following provisions:

(i) Section 21.006, 22.093, or 38.004,

Education Code;

(ii) Section 261.101, Family Code; or

(iii) Section 21.08, 21.11, 21.12, 21.15,

21.16, 22.04, 33.021, 43.25, or 43.26, Penal Code; and

(B) provide to the legislature for the purpose of

improving state law any requested information regarding a matter

that has been investigated and resolved under this subchapter;

(2) the inspector general to:

(A) refer to the attorney general an allegation

of fraud, waste, or abuse of agency money or other violation of

state law over which the attorney general has jurisdiction not

later than the 20th business day after the date on which the

allegation is substantiated; and

(B) keep detailed records regarding matters

handled by the office or referred to the attorney general,

including the total number of matters handled and with respect to

each matter:

(i) the entity, and, if applicable, the

division within the entity, to which the matter was referred;

(ii) the date on which the matter was

referred; and

(iii) the nature of the alleged fraud,

waste, or abuse of agency money or the provision of law that was

allegedly violated;

(3) the attorney general to:

(A) take appropriate action on each matter

referred from the inspector general under Subdivision (2); and

(B) notify the inspector general of the

disposition of each matter referred to the attorney general,

including matters that the attorney general declined to prosecute;

and

(4) representatives from the office of inspector

general and the office of the attorney general to meet at least

quarterly to share information regarding allegations under this

subchapter and to ensure the appropriate entities are investigating

each matter.

(b) Information exchanged between the inspector general,

board, attorney general, and legislature under this section does

not affect the confidentiality of the information under Chapter

552, Government Code.

(c) Not later than January 31 of each year, the inspector

general, board, and attorney general shall submit to the governor,

lieutenant governor, and speaker of the house of representatives a

report regarding the actions taken by each entity in relation to

this subchapter during the preceding calendar year. A report

required under this subsection may be consolidated with any other

report relating to the same subject matter that the entity is

required to submit under other law.

Sec. 7.158. FEES. The inspector general, board, or

attorney general may not assess or collect from a state agency any

investigation or attorney's fees relating to an action taken under

this subchapter unless the attorney general or a state agency

collects or receives a penalty fee, restitution, or other type of

monetary reimbursement to the state related to the action.

Sec. 7.159. DATABASE. The office shall develop and

maintain a database containing information regarding all

complaints, allegations, investigations, reviews, inspections, and

evaluations made to or conducted by the office. The database must

contain the following information concerning each complaint,

allegation, investigation, review, inspection, or evaluation, as

applicable:

(1) the date on which the complaint or allegation was

received or the investigation, review, inspection, or evaluation

was completed;

(2) the date on which the person who filed the

complaint or made the allegation was notified that the office

received the complaint or allegation;

(3) the name of the person filing the complaint or

making the allegation;

(4) the name of each educational entity and campus

facility involved in the complaint or allegation;

(5) the subject matter of the complaint, allegation,

investigation, review, inspection, or evaluation;

(6) the name of each person contacted by the office as

part of the investigation, review, inspection, or evaluation;

(7) a summary of each action taken in response to or as

part of the complaint, allegation, investigation, review,

inspection, or evaluation; and

(8) if the inspector general makes a determination not

to investigate or recommend corrective action in response to the

complaint or allegation, the reason for that determination.

Sec. 7.160. CONFIDENTIALITY; DISCLOSURE OF PERSONALLY

IDENTIFYING INFORMATION. (a) Except as otherwise provided by this

section, all reports, documents, and records of the office are

confidential and not subject to disclosure under Chapter 552,

Government Code.

(b) The office may not disclose the name or any other

personally identifiable information of a person who files a

complaint with or makes an allegation to the office or who is a

witness in an investigation unless the inspector general:

(1) obtains the written consent of the person; or

(2) determines during the course of an investigation

that disclosure of the information is necessary and unavoidable.

(c) If the inspector general makes the determination

described by Subsection (b)(2), the inspector general shall notify

each person whose information will be disclosed not later than the

seventh business day before the disclosure.

Sec. 7.161. SEMIANNUAL REPORT. (a) The inspector general

shall prepare and submit semiannually to the governor,

commissioner, board, and legislature a report on the office's

findings related to all investigations, reviews, inspections,

evaluations, and other actions conducted or taken by the office

during the preceding six months. The report may not include

findings related to an ongoing investigation involving possible

criminal conduct, and any personally identifying information must

be redacted from the report.

(b) A report under this section is confidential and not

subject to disclosure under Chapter 552, Government Code.

Sec. 7.162. INTERFERENCE PROHIBITED; OFFENSE. (a) An

elected official, a legislative body, the commissioner, the board,

or any other person may not impede, interfere with, or inhibit the

inspector general from initiating, conducting, or completing an

investigation, review, inspection, or evaluation or another power

granted to the office under this subchapter.

(b) A person commits an offense if the person knowingly:

(1) interferes with an investigation, review,

inspection, or evaluation conducted by the office; or

(2) with the intent to deceive, makes a false

statement that is material to an investigation, review, inspection,

or evaluation conducted by the office.

(c) An offense under this section is a Class B misdemeanor.

(d) The inspector general shall refer to the attorney

general, in accordance with the memorandum of understanding entered

into under Section 7.157, any conduct that may constitute a

violation of or an offense under this section.

SECTION 2. Section 21.006(a), Education Code, is amended by

adding Subdivisions (1-a) and (1-b) to read as follows:

(1-a) "Inspector general" means the inspector general

for education appointed under Subchapter E, Chapter 7.

(1-b) "Office of inspector general" means the office

of inspector general for education established under Subchapter E,

Chapter 7.

SECTION 3. Section 21.006, Education Code, is amended by

amending Subsections (b), (b-1), (b-2), (c), (d), (e), (f), (h),

(i), and (k) and adding Subsections (b-3) and (e-1) to read as

follows:

(b) In addition to the reporting requirement under Section

261.101, Family Code, [ and except as provided by Subsection (c-2), ]

the superintendent or director of a school district, district of

innovation, open-enrollment charter school, other charter entity,

regional education service center, or shared services arrangement

shall notify the State Board for Educator Certification in

accordance with Subsection (c) if:

(1) an educator employed by or seeking employment by

the school district, district of innovation, charter school, other

charter entity, service center, or shared services arrangement has

a criminal record and the school district, district of innovation,

charter school, other charter entity, service center, or shared

services arrangement obtained information about the educator's

criminal record by a means other than the criminal history

clearinghouse established under Section 411.0845, Government Code;

(2) an educator's employment at the school district,

district of innovation, charter school, other charter entity,

service center, or shared services arrangement was terminated and

there is evidence that the educator:

(A) abused or otherwise committed an unlawful act

with a student or minor;

(A-1) was involved in a romantic relationship

with or solicited or engaged in sexual contact with a student or

minor;

(B) possessed, transferred, sold, or distributed

a controlled substance, as defined by Chapter 481, Health and

Safety Code, or by 21 U.S.C. Section 801 et seq.;

(C) illegally transferred, appropriated, or

expended funds or other property of the school district, district

of innovation, charter school, other charter entity, service

center, or shared services arrangement;

(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

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

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

(3) the educator resigned and there is evidence that

the educator engaged in misconduct described by Subdivision (2);

(4) an investigation into misconduct by the educator

described by Subdivision (2) resulted in a substantiated finding

that the educator engaged in the misconduct;

(5) the educator pleaded guilty or nolo contendere to,

was convicted of, or was placed on deferred adjudication community

supervision for an offense arising out of an incident of misconduct

described by Subdivision (2); or

(6) [ (4) ] the educator engaged in conduct that

violated the assessment instrument security procedures established

under Section 39.0301.

(b-1) A superintendent or director of a school district,

district of innovation, open-enrollment charter school, other

charter entity, regional education service center, or shared

services arrangement or a county board of school trustees may not:

(1) investigate an allegation that [ shall complete an

investigation of ] an educator [ that involves evidence that the

educator ] may have engaged in misconduct described by Subsection

(b)(2)(A) or (A-1) ; or

(2) make any determination concerning whether an

investigation into an alleged incident of misconduct described by

Subsection (b) should be conducted by the office of inspector

general [ , despite the educator's resignation from employment

before completion of the investigation ].

(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 the second [ seventh ] business day

after the date:

(1) of an educator's termination of employment or

resignation following an alleged incident of misconduct described

by Subsection (b); [ or ]

(2) the principal knew about an educator's criminal

record under Subsection (b)(1) ;

(3) the principal was notified of a substantiated

finding of misconduct or a plea of guilty or nolo contendere to,

conviction of, or placement on deferred adjudication community

supervision for an offense arising out of the alleged incident of

misconduct as described by Subsection (b)(4) or (5); or

(4) the principal was notified or otherwise knew about

an allegation of misconduct described by Subsection (b)(2)(A) or

(A-1) that was referred to the office of inspector general .

(b-3) The superintendent or director of a school district,

district of innovation, open-enrollment charter school, other

charter entity, regional education service center, or shared

services arrangement or a county board of school trustees shall

notify the office of inspector general not later than 24 hours after

the date the superintendent or director becomes aware that an

educator is alleged to have engaged in misconduct described by

Subsection (b)(2)(A) or (A-1).

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

superintendent or director must notify the State Board for Educator

Certification as required by Subsection (b) by filing a report with

the board not later than the second [ seventh ] business day after the

date the superintendent or director :

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

Subsection (b-2) ;

(2) [ or ] knew about an educator's termination of

employment or resignation following an alleged incident of

misconduct described by Subsection (b) or an employee's criminal

record under Subsection (b)(1) ; or

(3) is notified of a substantiated finding of

misconduct or a plea of guilty or nolo contendere to, conviction of,

or placement on deferred adjudication community supervision for an

offense arising out of the alleged incident of misconduct as

described by Subsection (b)(4) or (5) .

(d) Not later than the second business day after the date on

which the superintendent or director files a report required by

Subsection (c), the [ The ] superintendent or director shall notify

the board of trustees or governing body of the school district,

open-enrollment charter school, other charter entity, regional

education service center, or shared services arrangement and the

educator of the filing of the report [ required by Subsection (c) ].

(e) Except as provided by Subsection (e-1), a [ A ]

superintendent, director, or principal of 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 provides notice to the office of inspector

general under Subsection (b-3) or files a report with the State

Board for Educator Certification under this section or communicates

with another superintendent, director, or principal concerning an

educator's criminal record or alleged incident of misconduct is

immune from civil or criminal liability that might otherwise be

incurred or imposed.

(e-1) A superintendent, director, or principal of a school

district, district of innovation, open-enrollment charter school,

other charter entity, regional education service center, or shared

services arrangement is not immune from civil or criminal liability

that might otherwise be incurred or imposed if the superintendent,

director, or principal violates Subsection (b-1), (b-2), or (b-3)

or Section 22.0931.

(f) The State Board for Educator Certification shall

determine whether to impose sanctions, including an administrative

penalty under Subsection (i), against a principal who fails to

provide notification to a superintendent or director in violation

of Subsection (b-2) or against a superintendent or director who

violates [ fails to file a report in violation of ] Subsection (b-1),

(b-3), or (c) or Section 22.0931 .

(h) The name of the campus and school district, district of

innovation, open-enrollment charter school, other charter entity,

regional education service center, or shared services arrangement

at which the alleged incident of misconduct occurred and the name of

a student or minor who is the victim of abuse or unlawful conduct by

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.

(i) If an educator serving as a superintendent or director

is required to provide notice under Subsection (b-3) or Section

22.0931 or file a report under Subsection (c) of this section and

fails to provide notice or file the report by the date required by

the applicable provision [ 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 (b-2) and fails to provide the notice

by the date required by that subsection, the State Board for

Educator Certification may impose on the educator an administrative

penalty of not less than $1,000 [ $500 ] and not more than $10,000.

The 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. In

addition to the administrative penalty, the State Board for

Educator Certification may:

(1) require the educator to complete additional

training on child abuse reporting and recognition within a time

period set by the board;

(2) issue a formal written reprimand of the educator

to be included in the educator's certification record;

(3) suspend the educator's certification for a period

of not less than 30 days and not more than six months; or

(4) recommend that the educator's employing entity

terminate the educator's employment.

(k) The commissioner shall routinely [ may ] review the

records of 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 4. Section 22.093, Education Code, is amended by

amending Subsections (a), (c), (d), (e), (f), (g), (h), (i), (j),

and (l) and adding Subsections (e-1), (f-1), and (h-1) to read as

follows:

(a) In this section :

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

Section 261.001, Family Code, and includes any sexual conduct

involving a student or minor.

(2) "Inspector general" and "office of inspector

general" have the meanings assigned by Section 21.006.

(c) In addition to the reporting requirement under Section

261.101, Family Code, the superintendent or director of a school

district, district of innovation, open-enrollment charter school,

other charter entity, regional education service center, or shared

services arrangement shall notify the commissioner in accordance

with Subsection (f) if:

(1) an employee's employment at the school district,

district of innovation, charter school, other charter entity,

service center, or shared services arrangement was terminated and

there is evidence that the employee:

(A) abused or otherwise committed an unlawful act

with a student or minor; [ or ]

(B) was involved in a romantic relationship with

or solicited or engaged in sexual contact with a student or minor;

(C) possessed, transferred, sold, or distributed

a controlled substance, as defined by Chapter 481, Health and

Safety Code, or by 21 U.S.C. Section 801 et seq.;

(D) illegally transferred, appropriated, or

expended funds or other property of the school district, district

of innovation, charter school, other charter entity, service

center, or shared services arrangement;

(E) attempted by fraudulent or unauthorized

means to obtain or alter a professional certificate or license for

the purpose of promotion or additional compensation; or

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

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

[ or ]

(2) the employee resigned and there is evidence that

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

(3) an employee employed by or seeking employment by

the school district, district of innovation, charter school, other

charter entity, service center, or shared services arrangement

obtained information about the employee's criminal record by a

means other than the criminal history clearinghouse established

under Section 411.0845, Government Code;

(4) an investigation into misconduct by the employee

described by Subdivision (1) resulted in a substantiated finding

that the employee engaged in the misconduct; or

(5) the employee pleaded guilty or nolo contendere to,

was convicted of, or was placed on deferred adjudication community

supervision for an offense arising out of an incident of misconduct

described by Subdivision (1) .

(d) A superintendent or director of a school district,

district of innovation, open-enrollment charter school, other

charter entity, regional education service center, or shared

services arrangement or a county board of school trustees may not:

(1) investigate an allegation that [ shall complete an

investigation of ] an employee [ that involves evidence that the

employee ] may have engaged in misconduct described by Subsection

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

(2) make any determination concerning whether an

investigation into an alleged incident of misconduct described by

Subsection (c) should be conducted by the office of inspector

general [ , despite the employee's resignation from employment

before completion of the investigation ].

(e) The principal of a school district, district of

innovation, open-enrollment charter school, or other charter

entity campus must notify the superintendent or director of the

school district, district of innovation, charter school, or other

charter entity not later than the second [ seventh ] business day

after the date :

(1) of an employee's termination of employment or

resignation following an alleged incident of misconduct described

by Subsection (c)(1)(A) or (B) ;

(2) the principal knew about an employee's criminal

record under Subsection (c)(3);

(3) the principal was notified of a substantiated

finding of misconduct or a plea of guilty or nolo contendere to,

conviction of, or placement on deferred adjudication community

supervision for an offense arising out of the alleged incident of

misconduct as described by Subsection (c)(4) or (5); or

(4) the principal was notified of or otherwise knew

about an allegation of misconduct described by Subsection (c)(1)(A)

or (B) that was referred to the office of inspector general .

(e-1) The superintendent or director of a school district,

district of innovation, open-enrollment charter school, other

charter entity, regional education service center, or shared

services arrangement or a county board of school trustees shall

notify the office of inspector general not later than 24 hours after

the date the superintendent becomes aware that an employee is

alleged to have engaged in misconduct described by Subsection

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

(f) The superintendent or director must notify the

commissioner as required by Subsection (c) by filing a report with

the commissioner not later than the second [ seventh ] business day

after the date the superintendent or director :

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

Subsection (e) ;

(2) [ or ] knew about an employee's termination of

employment or resignation following an alleged incident of

misconduct described by Subsection (c)(1)(A) or (B) ; or

(3) is notified of a substantiated finding of

misconduct or a plea of guilty or nolo contendere to, conviction of,

or placement on deferred adjudication community supervision for an

offense arising out of the alleged incident of misconduct as

described by Subsection (c)(4) or (5) .

(f-1) The report under Subsection (f) must be:

(1) in writing; and

(2) in a form prescribed by the commissioner.

(g) Not later than the second business day after the date on

which the superintendent or director files a report required by

Subsection (f), the [ The ] superintendent or director shall notify

the board of trustees or governing body of the school district,

district of innovation, open-enrollment charter school, other

charter entity, regional education service center, or shared

services arrangement and the employee of the filing of the report

[ required by Subsection (f) ].

(h) Except as provided by Subsection (h-1), a [ A ]

superintendent or director who in good faith and while acting in an

official capacity provides notice to the office of inspector

general under Subsection (e-1) or files a report with the

commissioner under Subsection (f) or a principal who in good faith

and while acting in an official capacity notifies a superintendent

or director under Subsection (e) is immune from civil or criminal

liability that might otherwise be incurred or imposed.

(h-1) A superintendent, director, or principal of a school

district, district of innovation, open-enrollment charter school,

other charter entity, regional education service center, or shared

services arrangement is not immune from civil or criminal liability

that might otherwise be incurred or imposed if the superintendent,

director, or principal violates Subsection (d), (e), or (e-1) or

Section 22.0931.

(i) The commissioner shall refer to the State Board for

Educator Certification an educator who violates [ fails to file a

report in violation of ] Subsection (d), (e), (e-1), or (f) or

Section 22.0931 [ to the State Board for Educator Certification ],

and the board shall determine whether to impose sanctions against

the educator. The State Board for Educator Certification may impose

on the educator an administrative penalty of not less than $1,000

and not more than $10,000. The 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. In addition to the

administrative penalty, the State Board for Educator Certification

may:

(1) require the educator to complete additional

training on child abuse reporting and recognition within a time

period set by the board;

(2) issue a formal written reprimand of the educator

to be included in the educator's certification record;

(3) suspend the educator's certification for a period

of not less than 30 days and not more than six months; or

(4) recommend that the educator's employing entity

terminate the educator's employment.

(j) The name of the campus and school district, district of

innovation, open-enrollment charter school, other charter entity,

regional education service center, or shared services arrangement

at which the alleged incident of misconduct occurred and the name of

a student or minor who is the victim of abuse or unlawful conduct by

an employee 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.

(l) The commissioner shall routinely [ may ] review the

records of 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 5. Section 21.0061, Education Code, is transferred

to Subchapter C-1, Chapter 22, Education Code, redesignated as

Section 22.0931, Education Code, and amended to read as follows:

Sec. 22.0931 [ 21.0061 ]. NOTICE AND PROVISION OF

INVESTIGATIVE REPORT TO PARENT OR GUARDIAN ABOUT EMPLOYEE

[ EDUCATOR ] MISCONDUCT ; TRANSFER OF STUDENT . (a) The board of

trustees or governing body of a school district, district of

innovation, open-enrollment charter school, other charter entity,

regional education service center, or shared services arrangement

or a county board of school trustees shall adopt a policy under

which notice is provided to the parent or guardian of a student with

whom an employee [ educator ] is alleged to have engaged in

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

22.093(c)(1)(A) or (B) informing the parent or guardian:

(1) that the alleged misconduct occurred;

(2) whether the employee [ educator ] was terminated

following an investigation of the alleged misconduct or resigned

before completion of the investigation; and

(3) whether a report was submitted to the State Board

for Educator Certification or commissioner concerning the alleged

misconduct.

(b) The policy required by this section :

(1) must require that information specified by

Subsection (a)(1) be provided verbally and in writing to the parent

or guardian not later than the end of the business day on which [ as

soon as feasible after ] the employing entity becomes aware that

alleged misconduct may have occurred ; and

(2) may establish procedures for providing the

notification by the least intrusive methods and including options

of care for the student .

(c) Not later than the 120th day after the date on which the

office of inspector general concludes an investigation of an

alleged incident of misconduct described by Section

21.006(b)(2)(A) or (A-1) or 22.093(c)(1)(A) or (B), the inspector

general shall provide to the parent or guardian of the student with

whom the employee was alleged to have engaged in the misconduct a

redacted summary report of the investigation, regardless of whether

the inspector general referred the matter to the attorney general

or another law enforcement agency. The inspector general shall

adopt rules to implement this section in accordance with Chapter

552, Government Code.

(d) On request of a parent or guardian of a student with whom

an employee is alleged to have engaged in misconduct described by

Section 21.006(b)(2)(A) or (A-1) or 22.093(c)(1)(A) or (B), the

school district, district of innovation, open-enrollment charter

school, or other charter entity at which the student is enrolled

shall transfer the student to another district or school campus or a

neighboring school district. The district, school, or entity shall

explore options to provide at no expense to the student

transportation to and from the campus to which the student is

transferred.

(e) [ (c) ] In this section, "inspector general," "office of

inspector general," and "other charter entity" have [ has ] the

meanings [ meaning ] assigned by Section 21.006.

SECTION 6. Subchapter C-1, Chapter 22, Education Code, is

amended by adding Sections 22.0932 and 22.098 to read as follows:

Sec. 22.0932. REFERRAL OF EMPLOYEE MISCONDUCT ALLEGATIONS

TO OFFICE OF INSPECTOR GENERAL. (a) In this section, "office of

inspector general" has the meaning assigned by Section 21.006.

(b) Not later than 24 hours after receipt of an allegation

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

22.093(c)(1)(A) or (B) by an employee of a school district,

district of innovation, open-enrollment charter school, other

charter entity, regional education service center, or shared

services arrangement, the agency shall refer the allegation to the

office of inspector general.

(c) Not later than the second business day after the agency

refers an allegation under Subsection (b), the agency shall notify

the person who submitted the allegation to the agency of the

referral.

Sec. 22.098. RETALIATION FOR REPORTING EMPLOYEE MISCONDUCT

PROHIBITED. (a) For purposes of this section, an act of

retaliation includes:

(1) an adverse action affecting:

(A) the enrollment, attendance, or academic

standing of a student; or

(B) the employment or volunteering opportunities

available to a parent or guardian of a student at the educational

entity; and

(2) any act of intimidation, threat, coercion, or

harassment.

(b) The superintendent or director of a school district,

district of innovation, open-enrollment charter school, other

charter entity, regional education service center, or shared

services arrangement or a county board of school trustees may not

retaliate against an employee, a parent or guardian of a student, or

a student who:

(1) reports an alleged incident of misconduct

described by Section 21.006(b) or 22.093(c); or

(2) testifies, assists, or participates in any manner

in an investigation or proceeding related to an alleged incident of

misconduct described by Section 21.006(b) or 22.093(c).

SECTION 7. Section 22.094, Education Code, is amended by

amending Subsections (b), (d), (e), (f), and (g) and adding

Subsection (i) to read as follows:

(b) On receiving a report filed under Section 22.093(f) or

making an identification 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 office of inspector general [ 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).

(d) If a person who receives notice provided under

Subsection (b) does not timely submit a written response to show

cause why the office of inspector general [ 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 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

inspector general [ commissioner ] shall:

(1) based on the report filed under Section 22.093(f)

or the identification described by Subsection (a) and the office of

inspector general's investigation , make a determination whether

the person engaged in misconduct; and

(2) if the inspector general [ commissioner ]

determines that the person engaged in misconduct described by

Section 22.093(c)(1)(A) or (B), instruct the agency to add the

person's name to the registry maintained under Section 22.092.

(f) If a person entitled to a hearing under Subsection (a)

requests a hearing as provided by Subsection (c) and , based on that

hearing and the office of inspector general's investigation, the

inspector general [ final decision in that hearing ] determines that

the person engaged in misconduct described by Section

22.093(c)(1)(A) or (B), the inspector general [ commissioner ] shall

instruct the agency to add the person's name to the registry

maintained under Section 22.092.

(g) If a person entitled to a hearing under Subsection (a)

requests a hearing as provided by Subsection (c) and , based on that

hearing and the office of inspector general's investigation, the

inspector general [ final decision in that hearing ] determines that

the person did not engage in misconduct described by Section

22.093(c)(1)(A) or (B), the inspector general [ commissioner ] shall

instruct the agency to immediately remove from the Internet portal

developed and maintained by the agency under Section 22.095 the

information indicating that the person is under investigation for

alleged misconduct.

(i) In this section, "inspector general" and "office of

inspector general" have the meanings assigned by Section 21.006.

SECTION 8. Section 21.006(c-2), Education Code, is

repealed.

SECTION 9. This Act takes effect January 1, 2026.