Bill Text: TX HB1664 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the requirement of certain administrators of certain educational entities to report certain educator misconduct to the State Board for Educator Certification.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-05 - Considered in Calendars [HB1664 Detail]
Download: Texas-2019-HB1664-Introduced.html
86R5034 JES-F | ||
By: King of Hemphill | H.B. No. 1664 |
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relating to the requirement of certain administrators of certain | ||
educational entities to report certain educator misconduct to the | ||
State Board for Educator Certification. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 21.006, Education Code, is amended by | ||
amending Subsections (b) and (c) and adding Subsection (c-2) 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, regional education | ||
service center, or shared services arrangement shall notify the | ||
State Board for Educator Certification if: | ||
(1) an educator employed by or seeking employment by | ||
the school district, district of innovation, charter school, | ||
service center, or shared services arrangement has a criminal | ||
record and the school district, district of innovation, charter | ||
school, 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, 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, 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); or | ||
(4) the educator engaged in conduct that violated the | ||
assessment instrument security procedures established under | ||
Section 39.0301. | ||
(c) Except as provided by Subsection (c-2), the [ |
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superintendent or director 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 superintendent or director | ||
receives a report from a principal under Subsection (b-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). | ||
(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 Subsections (b) and (c) if the | ||
superintendent or director: | ||
(1) completes an investigation into an educator's | ||
alleged incident of misconduct described by Subsection (b) 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). | ||
SECTION 2. This Act applies beginning with the 2019-2020 | ||
school year. | ||
SECTION 3. 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, 2019. |