bill widening private school educator misconduct reporting

The text as introduced · 1,127 words

89R13384 MEW-D

By: Hinojosa of Hidalgo
S.B. No. 2667

A BILL TO BE ENTITLED

AN ACT

relating to the reporting of private school educator misconduct;

providing an administrative penalty; creating a criminal offense.

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

SECTION 1. Section 21.0061(a), Education Code, is amended

to read as follows:

(a) The board of trustees or governing body of a school

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

charter school, other charter entity, regional education service

center, or shared services arrangement shall adopt a policy under

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

whom an educator is alleged to have engaged in misconduct described

by Section 21.006(b)(2)(A) or (A-1) or Section 21.0062(b)(2)(A) or

(B), as applicable, informing the parent or guardian:

(1) that the alleged misconduct occurred;

(2) whether the 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 concerning the alleged misconduct.

SECTION 2. Section 21.0062(a)(2), Education Code, is

amended to read as follows:

(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 if the person were employed by a school district.

SECTION 3. Section 21.0062, Education Code, is amended by

amending Subsections (b), (c), (d), and (e) and adding Subsections

(e-1), (e-2), (g-1), (g-2), (j), (k), and (l) to read as follows:

(b) In addition to the reporting requirement under Section

261.101, Family Code, and except as provided by Subsection (e-1),

the chief administrative officer of a private school shall notify

the State Board for Educator Certification if :

(1) a private school educator[ :

[ (1) ] or a person seeking employment at the school for

a position in which the person would be required to hold a

certificate issued under Subchapter B if the person were employed

by a school district has a criminal record and the [ private ] school

obtained information about the educator's criminal record; or

(2) a private school educator resigned or 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) 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;

(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 .

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

have engaged in misconduct described by Subsection (b)(2)(A) or

(B), the chief administrative officer of the private school shall

complete an investigation, regardless of whether [ (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

State Board for Educator Certification ].

(d) Except as provided by Subsection (e-1), the [ The ] chief

administrative officer of the private school must notify the 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) :

(1) must be:

(A) [ (1) ] in writing; and

(B) [ (2) ] in a form prescribed by the board ; and

(2) may be filed through the Internet portal developed

and maintained by the State Board for Educator Certification under

Subsection (g-2) .

(e-1) The chief administrative officer of a private school

is not required to notify the State Board for Educator

Certification or file a report with the board under Subsection (b)

or (d) if the officer:

(1) completes an investigation into a private school

educator's alleged incident of misconduct described by Subsection

(b)(2)(A) or (B) before the educator's termination of employment or

resignation; and

(2) determines the private school educator did not

engage in the alleged incident of misconduct described by

Subsection (b)(2)(A) or (B).

(e-2) The chief administrative officer shall notify the

governing body of the private school and the educator of the filing

of the report required by Subsection (d).

(g-1) The State Board for Educator Certification shall

determine whether to impose sanctions, including an administrative

penalty under Subsection (j), against a chief administrative

officer who fails to file a report in violation of Subsection (d).

(g-2) The State Board for Educator Certification shall

develop and maintain an Internet portal through which a report

required under Subsection (d) may be confidentially and securely

filed.

(j) If an educator serving as a chief administrative officer

is required to file a report under Subsection (d) and fails to file

the report 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 $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.

(k) A chief administrative officer required to file a report

under Subsection (d) commits an offense if the officer fails to file

the report by the date required by that subsection with intent to

conceal a private school educator's criminal record or alleged

incident of misconduct. An offense under this subsection is a state

jail felony.

(l) The commissioner may review the records of a private

school to ensure compliance with the requirement to report

misconduct under this section.

SECTION 4. Subchapter A, Chapter 21, Education Code, is

amended by adding Section 21.0063 to read as follows:

Sec. 21.0063. ACCESS TO REPORTS OF ALLEGED

MISCONDUCT. (a) In this section, "educator" includes a person

defined as a private school educator under Section 21.0062(a).

(b) The State Board for Educator Certification shall

provide private schools and public schools equivalent access to

reports made under this subchapter concerning the criminal record

or alleged misconduct of an educator.

SECTION 5. This Act takes effect September 1, 2025.