Bill Text: TX SB1230 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the reporting of private school educator misconduct.
Spectrum: Moderate Partisan Bill (Republican 7-1)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [SB1230 Detail]
Download: Texas-2019-SB1230-Enrolled.html
S.B. No. 1230 |
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relating to the reporting of private school educator misconduct. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 42.018, Code of Criminal Procedure, is | ||
amended by adding Subsections (c) and (d) to read as follows: | ||
(c) Not later than the fifth day after the date a person who | ||
is employed by a private school is convicted or granted deferred | ||
adjudication on the basis of an offense, the clerk of the court in | ||
which the conviction or deferred adjudication is entered shall | ||
provide to the chief administrative officer of the private school | ||
at which the person is employed written notice of the person's | ||
conviction or deferred adjudication, including the offense on which | ||
the conviction or deferred adjudication was based. | ||
(d) In this article, "private school" has the meaning | ||
assigned by Section 5.001, Education Code. | ||
SECTION 2. Subchapter A, Chapter 21, Education Code, is | ||
amended by adding Section 21.0062 to read as follows: | ||
Sec. 21.0062. REQUIREMENT TO REPORT MISCONDUCT: PRIVATE | ||
SCHOOLS. (a) In this section: | ||
(1) "Abuse" has the meaning assigned by Section | ||
261.001, Family Code, and includes any sexual conduct involving a | ||
student or minor and private school educator. | ||
(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. | ||
(b) In addition to the reporting requirement under Section | ||
261.101, Family Code, the chief administrative officer of a private | ||
school shall notify the State Board for Educator Certification if a | ||
private school educator: | ||
(1) has a criminal record and the private school | ||
obtained information about the educator's criminal record; or | ||
(2) 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) If there is evidence that a private school educator may | ||
have engaged in misconduct described by Subsection (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) 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) must be: | ||
(1) in writing; and | ||
(2) in a form prescribed by the board. | ||
(f) Any person who knows or has reason to believe that a | ||
private school educator engaged in the misconduct described by | ||
Subsection (b)(2) may file a report with the State Board for | ||
Educator Certification under this section. | ||
(g) A chief administrative officer of a private school or | ||
any other person who in good faith files a report with the State | ||
Board for Educator Certification under this section or communicates | ||
with a chief administrative officer or other administrator of a | ||
private school concerning the criminal record of or an alleged | ||
incident of misconduct by a private school educator is immune from | ||
civil or criminal liability that might otherwise be incurred or | ||
imposed. | ||
(h) The name of a student or minor who is the victim of abuse | ||
or unlawful conduct by a private school 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) The State Board for Educator Certification shall | ||
propose rules as necessary to implement this section. | ||
SECTION 3. Section 21.009(a), Education Code, is amended to | ||
read as follows: | ||
(a) An applicant for a position described by Section | ||
21.003(a) or (b) with a school district, district of innovation, | ||
open-enrollment charter school, private school, regional education | ||
service center, or shared services arrangement must submit, using a | ||
form adopted by the agency, a pre-employment affidavit disclosing | ||
whether the applicant has ever been charged with, adjudicated for, | ||
or convicted of having an inappropriate relationship with a minor. | ||
SECTION 4. Section 21.0581(a), Education Code, is amended | ||
to read as follows: | ||
(a) The board may suspend or revoke a certificate held by a | ||
person under this subchapter, impose other sanctions against the | ||
person, or refuse to issue a certificate to the person under this | ||
subchapter if: | ||
(1) the person assists another person in obtaining | ||
employment at a school district, private school, or open-enrollment | ||
charter school, other than by the routine transmission of | ||
administrative and personnel files; and | ||
(2) the person knew that the other person has | ||
previously engaged in sexual misconduct with a minor or student in | ||
violation of the law. | ||
SECTION 5. Sections 21.355(c) and (d), Education Code, are | ||
amended to read as follows: | ||
(c) At the request of a school district, [ |
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open-enrollment charter school, or private school at which a | ||
teacher or administrator has applied for employment, a school | ||
district or an open-enrollment charter school shall [ |
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requesting district or school a document evaluating the performance | ||
of a teacher or administrator employed by the school. | ||
(d) A school district or open-enrollment charter school | ||
shall [ |
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of a teacher or administrator employed by the district or school for | ||
purposes of an investigation conducted by the agency. | ||
SECTION 6. Article 42.018(c), Code of Criminal Procedure, | ||
as added by this Act, applies only to a judgment of conviction or | ||
order granting deferred adjudication community supervision entered | ||
on or after the effective date of this Act. | ||
SECTION 7. As soon as practicable after the effective date | ||
of this Act, the commissioner of education and the State Board of | ||
Education, on the recommendation of the State Board for Educator | ||
Certification, shall adopt rules as necessary to implement Section | ||
21.0062, Education Code, as added by this Act. | ||
SECTION 8. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1230 passed the Senate on | ||
April 11, 2019, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1230 passed the House on | ||
May 22, 2019, by the following vote: Yeas 144, Nays 0, two | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |