Bill Text: TX HB4978 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to reports of certain misconduct committed by an employee of a public school, regional education service center, or shared services arrangement and a study by the Texas Education Agency regarding employee misconduct reporting mechanisms.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-23 - Referred to Public Education [HB4978 Detail]
Download: Texas-2023-HB4978-Introduced.html
88R14117 TSS-D | ||
By: Smith | H.B. No. 4978 |
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relating to reports of certain misconduct committed by an employee | ||
of a public school, regional education service center, or shared | ||
services arrangement and a study by the Texas Education Agency | ||
regarding employee misconduct reporting mechanisms. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 22.092, Education Code, is amended by | ||
adding Subsection (c-1) to read as follows: | ||
(c-1) An employee described by Subsection (c) must be listed | ||
on the registry maintained under this section regardless of whether | ||
the employee resigned from the employee's position before the | ||
completion of an investigation into the alleged misconduct. | ||
SECTION 2. Section 22.095, Education Code, is amended to | ||
read as follows: | ||
Sec. 22.095. INTERNET PORTAL AND TOLL-FREE TELEPHONE | ||
NUMBER. (a) The agency shall develop and maintain an Internet | ||
portal through which: | ||
(1) a report of school district or open-enrollment | ||
charter school employee misconduct, including a report required | ||
under Section 22.093(f), may be confidentially and securely filed; | ||
and | ||
(2) the agency makes available: | ||
(A) the registry of persons who are not eligible | ||
to be employed in public schools as described by Section 22.092; and | ||
(B) information indicating that a person is under | ||
investigation for alleged misconduct in accordance with Section | ||
22.094(d), provided that the agency must provide the information | ||
through a procedure other than the registry described under | ||
Paragraph (A). | ||
(b) The agency shall provide a toll-free telephone number at | ||
which a person may submit a report described by Subsection (a)(1) | ||
confidentially and securely. | ||
SECTION 3. Subchapter C-1, Chapter 22, Education Code, is | ||
amended by adding Sections 22.097, 22.098, and 22.099 to read as | ||
follows: | ||
Sec. 22.097. CONCEALMENT OF MISCONDUCT. Notwithstanding | ||
any other law, if the board of trustees of a school district or the | ||
governing body of an open-enrollment charter school determines that | ||
a superintendent, principal, or other district or school employee | ||
has intentionally or knowingly concealed or delayed the reporting | ||
of the misconduct of another employee that involves a student, the | ||
board or governing body shall immediately terminate the employment | ||
of that superintendent, principal, or other employee. | ||
Sec. 22.098. NOTICE TO PARENT. As soon as practicable after | ||
receiving a complaint alleging the misconduct of an employee | ||
involving a student but not later than the seventh day after the | ||
date on which the complaint was received, a school district, | ||
district of innovation, open-enrollment charter school, other | ||
charter entity, regional education service center, or shared | ||
services arrangement shall notify the parents of or persons | ||
standing in parental relation to each student who regularly | ||
interacts with the employee of the existence and nature of the | ||
complaint. | ||
Sec. 22.099. STUDY ON EMPLOYEE MISCONDUCT REPORTING | ||
SYSTEMS. (a) The agency shall conduct a study on the registry of | ||
persons not eligible for employment in public schools under Section | ||
22.092 and other provisions of this subchapter relating to the | ||
reporting of employee misconduct. In conducting the study, the | ||
agency shall: | ||
(1) analyze reports of employee misconduct made in | ||
school districts, districts of innovation, open-enrollment charter | ||
schools, other charter entities, regional education service | ||
centers, and shared services arrangements throughout this state, | ||
and determine for each report: | ||
(A) the person who originally reported the | ||
misconduct; | ||
(B) to whom the misconduct was originally | ||
reported; | ||
(C) the process by which the report was | ||
investigated; | ||
(D) the results of the investigation; | ||
(E) any employment repercussions initiated due | ||
to the reported misconduct; | ||
(F) whether the employee was eligible for | ||
inclusion in the registry under Section 22.092 as a result of the | ||
reported misconduct; and | ||
(G) whether the employee was included in the | ||
registry under Section 22.092; | ||
(2) develop recommendations for improving reporting | ||
systems and investigative processes on the statewide level and for | ||
amending any required deadlines, definitions, penalties, or | ||
restrictions in employee misconduct reporting systems developed | ||
and maintained by specific school districts, districts of | ||
innovation, open-enrollment charter schools, other charter | ||
entities, regional education service centers, and shared services | ||
arrangements; and | ||
(3) investigate the feasibility of developing and | ||
maintaining a public database through the Internet portal | ||
maintained under Section 22.095 of employees accused of misconduct, | ||
including the names and photographs of each employee accused, and, | ||
if feasible, implement such a database. | ||
(b) Not later than December 1, 2024, the agency shall | ||
prepare and submit to the legislature a report on the results of the | ||
study and any recommendations for legislative or other action. | ||
(c) This section expires September 1, 2025. | ||
SECTION 4. This Act applies beginning with the 2023-2024 | ||
school year. | ||
SECTION 5. 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, 2023. |