Bill Text: TX HB1799 | 2017-2018 | 85th Legislature | Comm Sub

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Bill Title: Relating to employing, terminating, and reporting misconduct of public school personnel and related entity personnel, including creating a registry of persons ineligible for hire; creating a criminal offense.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2017-05-04 - Committee report sent to Calendars [HB1799 Detail]

Download: Texas-2017-HB1799-Comm_Sub.html

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85R1325 GCB-F
By: Dale, Geren H.B. No. 1799

A BILL TO BE ENTITLED
AN ACT
relating to employing, terminating, and reporting misconduct of
public school personnel and related entity personnel, including
creating a registry of persons ineligible for hire; creating a
criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42.018(a), Code of Criminal Procedure,
is amended to read as follows:
(a) This article applies only[:
[(1)] to conviction or deferred adjudication granted
on the basis of:
(1) [(A)] an offense under Title 5, Penal Code,[; or
[(B) an offense on conviction of which a defendant
is required to register as a sex offender under Chapter 62; and
[(2)] if the victim of the offense was [is] under 18
years of age at the time the offense was committed; or
(2) an offense for which a conviction or grant of
deferred adjudication requires the defendant to register as a sex
offender under Chapter 62.
SECTION 2. Section 7.028(a), Education Code, is amended to
read as follows:
(a) Except as provided by Section 21.006(j), 22.092(l),
22.094, 29.001(5), 29.010(a), or 39.057, 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, Subchapter A, Chapter 37, or Section
38.003, and the use of funds provided for such a program under
Subchapter C, Chapter 42, only as necessary to ensure:
(1) compliance with federal law and regulations;
(2) financial accountability, including compliance
with grant requirements; and
(3) data integrity for purposes of:
(A) the Public Education Information Management
System (PEIMS); and
(B) accountability under Chapter 39.
SECTION 3. Section 12.056(b), Education Code, is amended to
read as follows:
(b) A campus or program for which a charter is 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 to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) high school graduation under Section 28.025;
(D) special education programs under Subchapter
A, Chapter 29;
(E) bilingual education under Subchapter B,
Chapter 29;
(F) prekindergarten programs under Subchapter E,
Chapter 29;
(G) extracurricular activities under Section
33.081;
(H) health and safety under Chapter 38; [and]
(I) public school accountability under
Subchapters B, C, D, E, F, and J, Chapter 39;
(J) reporting misconduct under Sections 21.006
and 22.092; and
(K) the duty to discharge or refuse to hire
certain employees or applicants for employment under Section
12.1059, 22.085, or 22.091.
SECTION 4. Section 12.1059, Education Code, is amended to
read as follows:
Sec. 12.1059. AGENCY APPROVAL REQUIRED FOR 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 22.091.
SECTION 5. Section 12.115(a), Education Code, is amended to
read as follows:
(a) Except as provided by Subsection (c), the commissioner
shall revoke the charter of an open-enrollment charter school or
reconstitute the governing body of the charter holder if the
commissioner determines that the charter holder:
(1) committed a material violation of the charter,
including by a failure to:
(A) satisfy accountability provisions prescribed
by the charter; or
(B) comply with the duty to discharge or refuse
to hire certain employees or applicants for employment, as provided
by Section 12.1151;
(2) failed to satisfy generally accepted accounting
standards of fiscal management;
(3) failed to protect the health, safety, or welfare
of the students enrolled at the school;
(4) failed to comply with this subchapter or another
applicable law or rule;
(5) failed to satisfy the performance framework
standards adopted under Section 12.1181; or
(6) is imminently insolvent as determined by the
commissioner in accordance with commissioner rule.
SECTION 6. Subchapter D, Chapter 12, Education Code, is
amended by adding Section 12.1151 to read as follows:
Sec. 12.1151. FAILURE TO DISCHARGE OR REFUSE TO HIRE
CERTAIN EMPLOYEES OR APPLICANTS. 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 certain
employees or applicants for employment under Section 12.1059,
22.085, or 22.091.
SECTION 7. Section 12A.008, Education Code, is amended by
adding Subsection (b-1) 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
22.085 or 22.091.
SECTION 8. Section 21.006, Education Code, is amended by
amending Subsections (b), (b-1), (c), (e), and (f) and adding
Subsections (c-1), (i), and (j) to read as follows:
(b) 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,
regional education service center, or shared services arrangement
or the principal of a school district, district of innovation, or
open-enrollment charter school campus 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 [based on]
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.
(b-1) A superintendent or director of a school district,
district of innovation, [or] open-enrollment charter school,
regional education service center, or shared services arrangement
or a principal of a school district, district of innovation, or
open-enrollment charter school campus shall complete an
investigation of an educator that involves [is based on] evidence
that the educator may have engaged in misconduct described by
Subsection (b)(2)(A) or (A-1), despite the educator's resignation
from [district or school] employment before completion of the
investigation.
(c) The superintendent or director, except as otherwise
provided by Subsection (c-1), or the principal must notify the
State Board for Educator Certification by filing a report with the
board not later than the seventh day after the date the
superintendent, [or] director, or principal knew or should have
known about an educator's [employee's] criminal record under
Subsection (b)(1) or a termination of employment or resignation
following an alleged incident of misconduct described by Subsection
(b). The report must be:
(1) in writing; and
(2) in a form prescribed by the board.
(c-1) A principal of a school district, district of
innovation, or open-enrollment charter school campus who files a
report under Subsection (c) must notify the superintendent or
director of the school district, district of innovation, or charter
school, as applicable, about the filing of the report. A
superintendent or director who is notified that a principal
employed by the school district, district of innovation, or charter
school has filed a report under Subsection (c) is not required to
file a report concerning the criminal record or alleged incident of
misconduct addressed in the principal's report.
(e) A superintendent, [or] director, or principal who in
good faith and while acting in an official capacity files a report
with the State Board for Educator Certification under this section
is immune from civil or criminal liability that might otherwise be
incurred or imposed.
(f) The State Board for Educator Certification shall
determine whether to impose sanctions against a superintendent,
[or] director, or principal who fails to file a report in violation
of Subsection (c).
(i) A superintendent, director, or principal required to
file a report under Subsection (c) commits an offense if the
superintendent, director, or principal knowingly fails to file the
report by the date required by that subsection. An offense under
this subsection is a Class A misdemeanor, except that the offense is
a state jail felony if it is shown on the trial of the offense that
the superintendent, director, or principal intended to conceal an
educator's criminal record or alleged incident of misconduct.
(j) The commissioner may review the records of a school
district, district of innovation, open-enrollment charter school,
regional education service center, or shared services arrangement
to ensure compliance with the requirement to report misconduct
under this section.
SECTION 9. The heading to Section 21.058, Education Code,
is amended to read as follows:
Sec. 21.058. REVOCATION OF CERTIFICATE AND TERMINATION OF
EMPLOYMENT BASED ON CONVICTION OF OR PLACEMENT ON DEFERRED
ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN OFFENSES.
SECTION 10. Sections 21.058(a) and (b), Education Code, are
amended to read as follows:
(a) The procedures described by Subsections (b) and (c)
apply only[:
[(1)] to conviction of or placement on deferred
adjudication community supervision for:
(1) a felony offense under Title 5, Penal Code, [or an
offense on conviction of which a defendant is required to register
as a sex offender under Chapter 62, Code of Criminal Procedure; and
[(2)] if the victim of the offense was [is] under 18
years of age at the time the offense was committed; or
(2) an offense for which a defendant is required to
register as a sex offender under Chapter 62, Code of Criminal
Procedure.
(b) Notwithstanding Section 21.041(b)(7), not later than
the fifth day after the date the 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 this subchapter, the board shall:
(1) revoke the certificate held by the person; and
(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:
(A) the revocation; and
(B) the basis for the revocation.
SECTION 11. Subchapter B, Chapter 21, Education Code, is
amended by adding Section 21.0585 to read as follows:
Sec. 21.0585. NOTICE TO AGENCY REGARDING REVOCATION OF
CERTIFICATE OR PERMIT FOR CERTAIN MISCONDUCT. The board shall
promptly notify the agency for purposes of Section 22.091 if the
board revokes a certificate or permit of a person on a finding that
the person engaged in misconduct described by Section
21.006(b)(2)(A) or (A-1).
SECTION 12. Section 22.0832, Education Code, is amended to
read as follows:
Sec. 22.0832. NATIONAL CRIMINAL HISTORY RECORD INFORMATION
REVIEW OF CERTAIN OPEN-ENROLLMENT CHARTER SCHOOL OR DISTRICT OF
INNOVATION EMPLOYEES. (a) The agency shall review the national
criminal history record information of an employee of an
open-enrollment charter school or district of innovation to whom
Section 12.1059 applies in the same manner as the State Board for
Educator Certification reviews certified educators under Section
22.0831. If the agency determines that, based on information
contained in an employee's criminal history record information, the
employee would not be eligible for educator certification under
Subchapter B, Chapter 21, the agency shall notify the
open-enrollment charter school or district of innovation in writing
that the person may not be employed by the school or serve in a
capacity described by Section 12.1059.
(b) An open-enrollment charter school or district of
innovation must provide the agency with any information requested
by the agency to enable the agency to complete a review under
Subsection (a). Failure of an open-enrollment charter school to
provide information under this subsection is a material violation
of the school's charter. Failure of a district of innovation to
provide information under this subsection may result in termination
of the district's designation as a district of innovation.
SECTION 13. Sections 22.0833(a), (c), (e), (f), (g), and
(h), Education Code, are amended to read as follows:
(a) This section applies to a person who is not an applicant
for or holder of a certificate under Subchapter B, Chapter 21, and
who on or after January 1, 2008, is offered employment by:
(1) a school district, district of innovation, or
open-enrollment charter school; or
(2) a shared services arrangement, if the employee's
or applicant's duties are or will be performed on school property or
at another location where students are regularly present.
(c) Before or immediately after employing or securing the
services of a person to whom this section applies, a school
district, district of innovation, open-enrollment charter school,
or shared services arrangement shall send or ensure that the person
sends to the department information that is required by the
department for obtaining national criminal history record
information, which may include fingerprints and photographs.
(e) Each school district, district of innovation,
open-enrollment charter school, and shared services arrangement
shall obtain all criminal history record information that relates
to a person to whom this section applies through the criminal
history clearinghouse as provided by Section 411.0845, Government
Code, and shall subscribe to the criminal history record
information of the person.
(f) The school district, district of innovation,
open-enrollment charter school, or shared services arrangement may
require a person to pay any fees related to obtaining criminal
history record information under this section.
(g) A school district, district of innovation,
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, district of
innovation, charter school, or shared services arrangement if the
person may not be hired or must be discharged as provided by Section
22.085.
(h) The agency, the State Board for Educator Certification,
school districts, districts of innovation, open-enrollment charter
schools, and shared services arrangements may coordinate as
necessary to ensure that criminal history reviews authorized or
required under this subchapter are not unnecessarily duplicated.
SECTION 14. Sections 22.0836(a), (c), (e), (f), (g), and
(h), Education Code, are amended to read as follows:
(a) This section applies to a person who is a substitute
teacher for a school district, district of innovation,
open-enrollment charter school, or shared services arrangement.
(c) A school district, district of innovation,
open-enrollment charter school, or shared services arrangement
shall send or ensure that a person to whom this section applies
sends to the department information that is required by the
department for obtaining national criminal history record
information, which may include fingerprints and photographs.
(e) Each school district, district of innovation,
open-enrollment charter school, and shared services arrangement
shall obtain all criminal history record information that relates
to a person to whom this section applies through the criminal
history clearinghouse as provided by Section 411.0845, Government
Code.
(f) The school district, district of innovation,
open-enrollment charter school, or shared services arrangement may
require a person to pay any fees related to obtaining criminal
history record information under this section.
(g) A school district, district of innovation,
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, district of innovation, charter school, or shared
services arrangement if the person:
(1) may not be hired or must be discharged as provided
by Section 22.085; or
(2) may not be employed as a substitute teacher
because the person's educator certification has been revoked or is
suspended.
(h) The commissioner may adopt rules to implement this
section, including rules establishing deadlines for a school
district, district of innovation, open-enrollment charter school,
or shared services arrangement to require a person to whom this
section applies to submit fingerprints and photographs in
compliance with this section and the circumstances under which a
person may not continue to be employed as a substitute teacher.
SECTION 15. Section 22.085, Education Code, is amended to
read as follows:
Sec. 22.085. EMPLOYEES AND APPLICANTS CONVICTED OF OR
PLACED ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN
OFFENSES. (a) A school district, district of innovation,
open-enrollment charter school, or shared services arrangement
shall discharge or refuse to hire an employee or applicant for
employment if the school district, district of innovation, charter
school, or shared services arrangement obtains information through
a criminal history record information review that[:
[(1)] the employee or applicant has been convicted of
or placed on deferred adjudication community supervision for:
(1) [(A)] a felony offense under Title 5, Penal Code,
if the victim of the offense was under 18 years of age at the time
the offense was committed;
(2) [(B)] an offense on conviction of which or on
placement on deferred adjudication community supervision for which
a defendant is required to register as a sex offender under Chapter
62, Code of Criminal Procedure; or
(3) [(C)] an offense under the laws of another state
or federal law that is equivalent to an offense under Subdivision
(1) [Paragraph (A)] or (2) [(B); and
[(2) at the time the offense occurred, the victim of
the offense described by Subdivision (1) was under 18 years of age
or was enrolled in a public school].
(b) Subsection (a) does not apply if the employee or
applicant for employment committed an offense under Title 5, Penal
Code and:
(1) the date of the commission 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, district of innovation, 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 or successfully
completed the period of deferred adjudication community
supervision.
(c) A school district, district of innovation,
open-enrollment charter school, or shared services arrangement may
not allow a person who is an employee of or applicant for employment
by an entity that contracts with the school district, district of
innovation, charter school, or shared services arrangement to serve
at the school district, district of innovation, or charter school
or for the shared services arrangement if the school district,
district of innovation, charter school, or shared services
arrangement obtains information described by Subsection (a)
through a criminal history record information review concerning the
employee or applicant. A school district, district of innovation,
open-enrollment charter school, or shared services arrangement
must ensure that an entity that the school district, district of
innovation, charter school, or shared services arrangement
contracts with for services has obtained all criminal history
record information as required by Section 22.0834.
(d) A school district, district of innovation,
open-enrollment charter school, private school, regional education
service center, or shared services arrangement may discharge an
employee if the school district, district of innovation, charter
school, or private 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 State Board for
Educator Certification or the school district, district of
innovation, charter school, private 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 State Board for Educator Certification may impose a
sanction on an educator who does not discharge an employee or refuse
to hire an applicant for employment if the educator knows or should
have known, through a criminal history record information review,
that the employee or applicant has been convicted of or placed on
deferred adjudication community supervision for an offense
described by Subsection (a).
(f) Each school year, the superintendent [of a school
district] or chief operating officer of a school district, district
of innovation, or [an] open-enrollment charter school shall certify
to the commissioner that the district or school has complied with
this section.
(g) A school district, district of innovation,
open-enrollment charter school, or shared services arrangement
shall promptly notify the agency for purposes of Section 22.091
that the school district, district of innovation, charter school,
or shared services arrangement discharged or refused to hire an
employee or applicant for employment as provided by this section. A
school district, district of innovation, open-enrollment charter
school, or shared services arrangement is not required to comply
with this subsection if the school district, district of
innovation, charter school, or shared services arrangement was
notified by the agency that the person must be discharged or may not
be hired as provided by this section pursuant to a review of the
person's criminal history record information by the agency.
SECTION 16. Chapter 22, Education Code, is amended by
adding Subchapter C-1 to read as follows:
SUBCHAPTER C-1. PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC
SCHOOLS
Sec. 22.091. REGISTRY OF PERSONS NOT ELIGIBLE FOR
EMPLOYMENT IN PUBLIC SCHOOLS. (a) The agency shall maintain and
make available to appropriate hiring entities a registry of persons
who are not eligible to be employed by a school district, district
of innovation, open-enrollment charter school, regional education
service center, or shared services arrangement.
(b) A school district, district of innovation,
open-enrollment charter school, regional education service center,
or shared services arrangement shall discharge or refuse to hire a
person listed on the registry maintained under this section.
(c) The registry maintained under this section must list the
following persons as not eligible to be employed by 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 who is not eligible for employment based
on the person's criminal history record information review, as
provided by Section 22.085;
(3) a person who is not eligible for employment based
on criminal history record information received by the agency under
Section 21.058(b);
(4) a person whose certification or permit issued
under Subchapter B, Chapter 21, is revoked by the 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 who is determined by the commissioner
under Section 22.093 to have engaged in misconduct described by
Section 22.092(c)(1)(A) or (B).
(d) The agency shall adopt rules as necessary to implement
this section.
Sec. 22.092. REQUIREMENT TO REPORT EMPLOYEE MISCONDUCT.
(a) In this section, "abuse" has the meaning assigned by Section
261.001, Family Code, and includes any sexual conduct involving a
student or minor.
(b) This section applies to a person who is employed by a
school district, district of innovation, open-enrollment charter
school, regional education service center, or shared services
arrangement and who does not hold a certification or permit issued
under Subchapter B, Chapter 21.
(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,
regional education service center, or shared services arrangement
or the principal of a school district, district of innovation, or
open-enrollment charter school campus shall notify the
commissioner if:
(1) an employee'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
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;
or
(2) the employee resigned and there is evidence that
the employee engaged in misconduct described by Subdivision (1).
(d) A superintendent or director of a school district,
district of innovation, open-enrollment charter school, regional
education service center, or shared services arrangement or a
principal of a school district, district of innovation, or
open-enrollment charter school campus 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), despite the employee's resignation from
employment before completion of the investigation.
(e) The superintendent or director, except as otherwise
provided by Subsection (f), or the principal must notify the
commissioner by filing a report with the commissioner not later
than the seventh day after the date the superintendent, director,
or principal knew or should have known about an employee's
termination of employment or resignation following an alleged
incident of misconduct described by Subsection (c)(1). The report
must be:
(1) in writing; and
(2) in a form prescribed by the commissioner.
(f) A principal of a school district, district of
innovation, or open-enrollment charter school campus who files a
report under Subsection (e) must notify the superintendent or
director of the school district, district of innovation, or charter
school, as applicable, about the filing of the report. A
superintendent or director who is notified that a principal
employed by the school district, district of innovation, or charter
school has filed a report under Subsection (e) is not required to
file a report concerning the alleged incident of misconduct
addressed in the principal's report.
(g) The superintendent or director shall notify the board of
trustees or governing body of the school district, district of
innovation, open-enrollment charter school, regional education
service center, or shared services arrangement and the employee of
the filing of the report required by Subsection (e).
(h) A superintendent, director, or principal who in good
faith and while acting in an official capacity files a report with
the commissioner under this section is immune from civil or
criminal liability that might otherwise be incurred or imposed.
(i) The commissioner shall refer an educator who fails to
file a report in violation of Subsection (e) to the State Board for
Educator Certification, and the board shall determine whether to
impose sanctions against the educator.
(j) 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.
(k) A superintendent, director, or principal required to
file a report under Subsection (e) commits an offense if the
superintendent, director, or principal knowingly fails to file the
report by the date required by that subsection. An offense under
this subsection is a Class A misdemeanor, except that the offense is
a state jail felony if it is shown on the trial of the offense that
the superintendent, director, or principal intended to conceal an
employee's alleged incident of misconduct.
(l) The commissioner may review the records of a school
district, district of innovation, open-enrollment charter school,
regional education service center, or shared services arrangement
to ensure compliance with the requirement to report misconduct
under this section.
(m) The commissioner shall adopt rules as necessary to
implement this section.
Sec. 22.093. NOTICE OF ALLEGED MISCONDUCT; INVESTIGATION;
HEARING. (a) A person who is the subject of a report that alleges
misconduct described by Section 22.092(c)(1)(A) or (B) is entitled
to a hearing under the procedures provided by Chapter 2001,
Government Code, to contest the allegation in the report.
(b) On receiving a report filed under Section 22.092(e), the
commissioner shall promptly send to the person who is the subject of
the report a notice that includes:
(1) a statement informing the person that the person
must request a hearing within the period provided by Subsection
(c);
(2) a request that the person submit a 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 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 response to show cause not later than
the 10th day after the date the person receives the notice from the
commissioner under Subsection (b).
(d) If a person who receives notice under Subsection (b)
does not timely submit a response to show cause why the commissioner
should not pursue an investigation, the commissioner shall instruct
the agency to provide information indicating the person is under
investigation for alleged misconduct to a school district, district
of innovation, open-enrollment charter school, or shared services
arrangement that makes an inquiry to the agency with respect to a
national criminal history record information review of the person
under Section 22.0832 or 22.0833.
(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 22.092(e),
make a determination whether the person engaged in misconduct; and
(2) if the commissioner determines that the person
engaged in misconduct described by Section 22.092(c)(1)(A) or (B),
instruct the agency to add the person's name to the registry
maintained under Section 22.091.
(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 22.092(c)(1)(A) or (B), the
commissioner shall instruct the agency to add the person's name to
the registry maintained under Section 22.091.
(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 22.092(c)(1)(A) or (B), the
commissioner shall instruct the agency to immediately discontinue
providing the information under Subsection (d) indicating that the
person is under investigation for alleged misconduct.
(h) The commissioner shall adopt rules as necessary to
implement this section.
Sec. 22.094. COMPLIANCE MONITORING. The agency shall
periodically conduct site visits and review the records of school
districts, districts of innovation, open-enrollment charter
schools, and shared services arrangements to ensure compliance with
Section 22.091(b).
SECTION 17. 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), an accreditation
investigation under Section 39.057(a)(8) or (14), a compliance
review under Section 21.006(j), 22.092(l), or 22.094, 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 18. The Texas Education Agency shall establish the
registry of persons who are not eligible to be employed by a school
district, district of innovation, open-enrollment charter school,
regional education service center, or shared services arrangement,
as required by Section 22.091, Education Code, as added by this Act,
as soon as practicable and not later than January 1, 2018.
SECTION 19. This Act takes effect September 1, 2017.