Relating to parental rights in public education, to the creation of the office of inspector general at the Texas Education Agency, and to the reporting of certain misconduct and child abuse and neglect; creating a criminal offense.

89(R) HB 7 - House Committee Report version - Bill Text

89R24345 MEW/PRL-F

By: Leach, et al.

H.B. No. 7

Substitute the following for H.B. No. 7:

By: Buckley

C.S.H.B. No. 7

A BILL TO BE ENTITLED

AN ACT

relating to parental rights in public education, to the creation of

the office of inspector general at the Texas Education Agency, and

to the reporting of certain misconduct and child abuse and neglect;

creating a criminal offense.

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

ARTICLE 1. PARENTAL RIGHTS

SECTION 1.01. Subchapter A, Chapter 11, Education Code, is

amended by adding Section 11.004 to read as follows:

Sec.

11.004.

COMPLIANCE WITH MANDATORY POLICY.

A school

district, the district's board of trustees, and the district's

employees shall implement and comply with each policy the district

is required to adopt under this code or other law.

SECTION 1.02. The heading to Section 11.1518, Education

Code, is amended to read as follows:

Sec. 11.1518. TRUSTEE INFORMATION [
POSTED ON WEBSITE
].

SECTION 1.03. Section 11.1518, Education Code, is amended

by amending Subsection (c) and adding Subsections (d) and (e) to

read as follows:

(c)
Not later than the 30th day after a new person is sworn

in as a member
[
Each time there is a change in the membership
] of a

school district's board of trustees, the district shall update the

information required under Subsection (a) and, as applicable:

(1) post the updated information on the district's

Internet website; or

(2) submit the updated information to the agency for

posting on the agency's Internet website in accordance with

Subsection (b).

(d)

A school district shall annually submit to the agency

the information required under Subsection (a) for each member of

the district's board of trustees.

The information must:

(1) identify the member designated as chair; and

(2) be updated as required by Subsection (c).

(e)

The commissioner may adopt rules as necessary to

implement this section.

SECTION 1.04. Section 12.104(b), Education Code, is amended

to read as follows:

(b) An open-enrollment charter school is subject to:

(1) a provision of this title establishing a criminal

offense;

(2) the provisions in Chapter 554, Government Code;

and

(3) 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) reading instruments and accelerated reading

instruction programs under Section 28.006;

(D) accelerated instruction under Section

28.0211;

(E) high school graduation requirements under

Section 28.025;

(F) special education programs under Subchapter

A, Chapter 29;

(G) bilingual education under Subchapter B,

Chapter 29;

(H) prekindergarten programs under Subchapter E

or E-1, Chapter 29, except class size limits for prekindergarten

classes imposed under Section 25.112, which do not apply;

(I) extracurricular activities under Section

33.081;

(J) discipline management practices or behavior

management techniques under Section 37.0021;

(K) health and safety under Chapter 38;

(L) the provisions of Subchapter A, Chapter 39;

(M) public school accountability and special

investigations under Subchapters A, B, C, D, F, G, and J, Chapter

39, and Chapter 39A;

(N) the requirement under Section
22A.051

[
21.006
] to report an educator's misconduct;

(O) intensive programs of instruction under

Section 28.0213;

(P) the right of a school employee to report a

crime, as provided by Section 37.148;

(Q) bullying prevention policies and procedures

under Section 37.0832;

(R) the right of a school under Section 37.0052

to place a student who has engaged in certain bullying behavior in a

disciplinary alternative education program or to expel the student;

(S) the right under Section 37.0151 to report to

local law enforcement certain conduct constituting assault or

harassment;

(T) a parent's right to information regarding the

provision of assistance for learning difficulties to the parent's

child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);

(U) establishment of residency under Section

25.001;

(V) school safety requirements under Sections

37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,

37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and

37.2071 and Subchapter J, Chapter 37;

(W) the early childhood literacy and mathematics

proficiency plans under Section 11.185;

(X) the college, career, and military readiness

plans under Section 11.186; [
and
]

(Y) parental options to retain a student under

Section 28.02124
; and

(Z)

the grievance procedure under Section 26.011

and the grievance policy under Chapter 26A
.

SECTION 1.05. Section 12A.004(a), Education Code, is

amended to read as follows:

(a) A local innovation plan may not provide for the

exemption of a district designated as a district of innovation from

the following provisions of this title:

(1) a state or federal requirement applicable to an

open-enrollment charter school operating under Subchapter D,

Chapter 12;

(2) Subchapters A, C, D, and E, Chapter 11, except that

a district may be exempt from Sections 11.1511(b)(5) and (14) and

Section 11.162;

(3)
the grievance policy under Chapter 26A;

(4)
state curriculum and graduation requirements

adopted under Chapter 28; and

(5)
[
(4)
] academic and financial accountability and

sanctions under Chapters 39 and 39A.

SECTION 1.06. Section 21.048(c-1), Education Code, is

amended to read as follows:

(c-1) The results of an examination administered under this

section are confidential and are not subject to disclosure under

Chapter 552, Government Code, unless the disclosure is regarding

notification to a parent of the assignment of an uncertified

teacher to a classroom as required by Section
26.0083
[
21.057
].

SECTION 1.07. Chapter 26, Education Code, is amended by

adding Sections 26.0021 and 26.0022 to read as follows:

Sec.

26.0021.

PARENTAL RIGHTS INFORMATION. (a) The agency

shall create and maintain a document that informs a parent of the

parent's rights regarding the education of the parent's child

provided under this chapter.

(b) The document must:

(1)

include information regarding accessing the

contents of this chapter;

(2)

be made publicly available in a prominent place on

the Internet website of the agency and each school district;

(3)

be provided to parents at the beginning of each

school year in an electronic or hard copy format; and

(4)

inform parents that they are not required to file a

grievance or an appeal at the district level before pursuing

another remedy under law, including by filing a complaint with

appropriate authorities to request an investigation.

Sec.

26.0022.

RIGHT TO SELECT PUBLIC OR PRIVATE SCHOOL. A

parent is entitled to choose a public school or private school,

including a home school, for the parent's child.

SECTION 1.08. Section 26.004(b), Education Code, is amended

to read as follows:

(b) A parent is entitled to access to all written records of

a school district concerning the parent's child, including:

(1) attendance records;

(2) test scores;

(3) grades;

(4) disciplinary records;

(5) counseling records;

(6) psychological records;

(7) applications for admission;

(8) health and immunization information;

(9) teacher and school counselor evaluations;

(10) reports of behavioral patterns; [
and
]

(11) records relating to assistance provided for

learning difficulties, including information collected regarding

any intervention strategies used with the child
; and

(12)

records relating to library materials checked out

by the child from a school library
.

SECTION 1.09. Section 26.006, Education Code, is amended by

adding Subsection (g) to read as follows:

(g)

Each school district and open-enrollment charter school

shall post on the home page of the district's or school's Internet

website a notice stating that a parent of a student enrolled in the

district or school is entitled to review the materials described by

Subsection (a)(1) and may request that the district or school make

the materials available for review as provided by this section.

SECTION 1.10. Chapter 26, Education Code, is amended by

adding Section 26.0062 to read as follows:

Sec.

26.0062.

REQUIRED DISCLOSURE REGARDING INSTRUCTIONAL

PLAN. (a) Each school district shall adopt a policy to make

available on the district's Internet website at the beginning of

each semester an instructional plan or course syllabus for each

class offered in the district for that semester.

(b) The policy adopted under Subsection (a) must:

(1)

require each teacher to provide before the

beginning of each semester a copy of the teacher's instructional

plan or course syllabus for each class for which the teacher

provides instruction to:

(A) district administration; and

(B)

the parent of each student enrolled in the

class; and

(2)

provide for additional copies of an instructional

plan or course syllabus to be made available to a parent of a

student enrolled in the class on the parent's request.

SECTION 1.11. Section 21.057, Education Code, is

transferred to Chapter 26, Education Code, redesignated as Section

26.0083, Education Code, and amended to read as follows:

Sec.
26.0083
[
21.057
]. PARENTAL NOTIFICATION
REGARDING

TEACHER CERTIFICATION
. (a) A school district that assigns an

inappropriately certified or uncertified teacher to the same

classroom for more than 30 consecutive instructional days during

the same school year shall provide written notice of the assignment

to a parent or guardian of each student in that classroom.

(b) The superintendent of the school district shall provide

the notice required by Subsection (a) not later than the 30th

instructional day after the date of the assignment of the

inappropriately certified or uncertified teacher.

(c) The school district shall:

(1) make a good-faith effort to ensure that the notice

required by this section is provided in a bilingual form to any

parent or guardian whose primary language is not English;

(2) retain a copy of any notice provided under this

section; and

(3) make information relating to teacher

certification available to the public on request.

(d) For purposes of this section, "inappropriately

certified or uncertified teacher":

(1) includes:

(A) an individual serving on an emergency

certificate issued under Section 21.041(b)(2); or

(B) an individual who does not hold any

certificate or permit issued under this chapter and is not employed

as specified by Subdivision (2)(E); and

(2) does not include an individual:

(A) who is a certified teacher assigned to teach

a class or classes outside his or her area of certification, as

determined by rules proposed by the board in specifying the

certificate required for each assignment;

(B) serving on a certificate issued due to a

hearing impairment under Section 21.048;

(C) serving on a certificate issued pursuant to

enrollment in an approved alternative certification program under

Section 21.049;

(D) certified by another state or country and

serving on a certificate issued under Section 21.052;

(E) serving on a school district teaching permit

issued under Section 21.055; or

(F) employed under a waiver granted by the

commissioner pursuant to Section 7.056.

(e) This section does not apply if a school is required in

accordance with Section 1006, Every Student Succeeds Act (20 U.S.C.

Section 6312(e)(1)(B)(ii)), to provide notice to a parent or

guardian regarding a teacher who does not meet certification

requirements at the grade level and subject area in which the

teacher is assigned, provided the school provides notice as

required by that Act.

SECTION 1.12. Section 26.009, Education Code, is amended by

amending Subsections (a) and (b) and adding Subsections (a-1),

(a-2), (c), and (d) to read as follows:

(a) An employee
or contractor
of a school district must

obtain the written consent of a child's parent
in the manner

required by Subsection (a-2)
before the employee
or contractor
may:

(1) conduct a psychological
or psychiatric

examination
or
[
,
] test [
,
] or
psychological or psychiatric

treatment, unless the examination, test, or treatment is required

under Section 38.004 or state or federal law regarding requirements

for special education; or

(2)
subject to Subsection (b),
make or authorize the

making of a videotape of a child or record or authorize the

recording of a child's voice.

(a-1) For purposes of Subsection (a):

(1)

"Psychological or psychiatric examination or

test" means a method designed to elicit information regarding an

attitude, habit, trait, opinion, belief, feeling, or mental

disorder or a condition thought to lead to a mental disorder,

regardless of the manner in which the method is presented or

characterized, including a method that is presented or

characterized as a survey, check-in, or screening or is embedded in

an academic lesson.

(2)

"Psychological or psychiatric treatment" means

the planned, systematic use of a method or technique that is

designed to affect behavioral, emotional, or attitudinal

characteristics of an individual or group.

(a-2)

Written consent for a parent's child to participate in

a district activity described by Subsection (a) must be obtained

for each separate activity in which the child participates, and

each written consent must be signed by the parent and returned to

the district. A child may not participate in the activity unless

the district receives the parent's signed written consent to that

activity.

(b) An employee
or contractor
of a school district is not

required to obtain the consent of a child's parent before the

employee
or contractor
may make a videotape of a child or authorize

the recording of a child's voice if the videotape or voice recording

is to be used only for:

(1) purposes of safety, including the maintenance of

order and discipline in common areas of the school or on school

buses;

(2) a purpose related to a cocurricular or

extracurricular activity;

(3) a purpose related to regular classroom

instruction;

(4) media coverage of the school; or

(5) a purpose related to the promotion of student

safety under Section 29.022.

(c)

A school district shall retain the written informed

consent of a child's parent obtained under this section as part of

the child's education records.

(d) Nothing in this section may be construed to:

(1)

require an employee or contractor of a school

district to obtain the written consent of a child's parent before

verbally asking the child about the child's general well-being;

(2)

affect a child's consent to counseling under

Section 32.004, Family Code; or

(3)

affect the duty to report child abuse or neglect

under Chapter 261, Family Code, or an investigation of a report of

abuse or neglect under that chapter.

SECTION 1.13. Section 26.011, Education Code, is amended to

read as follows:

Sec. 26.011.
GRIEVANCES
[
COMPLAINTS
]. (a) The board of

trustees of each school district shall adopt a grievance procedure

that complies with Chapter 26A
under which the board shall address

each
grievance
[
complaint
] that the board receives concerning

violation of a right guaranteed by this chapter
, of a board of

trustees policy, or of a provision of this title
.

(b) The board of trustees of a school district is not

required by Subsection (a) or Section 11.1511(b)(13) to address a

grievance
[
complaint
] that the board receives concerning a

student's participation in an extracurricular activity that does

not involve a violation of a right guaranteed by this chapter
, of a

board of trustees policy, or of a provision of this title
. This

subsection does not affect a claim brought by a parent under the

Individuals with Disabilities Education Act (20 U.S.C. Section 1400

et seq.) or a successor federal statute addressing special

education services for a child with a disability.

SECTION 1.14. Subtitle E, Title 2, Education Code, is

amended by adding Chapters 26A and 26B to read as follows:

CHAPTER 26A.

GRIEVANCE POLICY

Sec.

26A.001.

GRIEVANCE POLICY. (a)

The board of trustees

of a school district shall adopt a grievance policy to address

grievances received by the district.

(b)

The policy must provide for the following levels of

review, subject to Subsection (c):

(1) review by:

(A)

the principal of the school district campus

at which the grievance is filed or the principal's designee; or

(B)

for a grievance that arises from subject

matter unrelated to a campus, an administrator at the school

district's central office;

(2)

if established by the policy, an appeal to an

administrator at the school district's central office;

(3)

an appeal to the superintendent of the school

district or the superintendent's designee; and

(4)

an appeal to the board of trustees of the school

district.

(c)

A review or appeal on a grievance must be conducted by a

person with the authority to address the grievance unless a

preliminary hearing is necessary to develop a record or a

recommendation for the board of trustees of the school district.

(d)

The board of trustees of a school district may delegate

the authority to hear and decide a grievance to a committee of at

least three members composed only of members of the board of

trustees.

For purposes of an appeal to the office of inspector

general under Section 26B.060, a decision by the committee is a

decision of the board of trustees.

(e) The policy must:

(1)

prohibit the board of trustees of the school

district or a district employee from retaliating against a student

or parent of or person standing in parental relation to a student

who files a grievance in accordance with the policy;

(2)

require a person involved in reviewing a grievance

under the policy to recuse himself or herself from reviewing the

grievance if the person is the subject of the grievance;

(3)

provide for a higher level of review under

Subsection (b) if the person who would otherwise review the

grievance is required to recuse himself or herself under

Subdivision (2);

(4)

provide for the creation and retention of a record

of each hearing on the grievance, including:

(A)

documents submitted by the person who filed

the grievance or determined relevant by school district personnel;

and

(B)

a written record of the decision, including

an explanation of the basis for the decision and an indication of

each document that supports the decision;

(5)

allow the person who filed the grievance to

supplement the record with additional documents or add additional

claims;

(6)

allow for a member of the board of trustees of the

school district to file a grievance with the district, but prohibit

the member from voting on matters related to that grievance;

(7)

allow for a remand to a lower level of review under

Subsection (b) to develop a record at any time, including at the

board of trustees level of review;

(8)

require the school district to direct a grievance

that is filed with the incorrect administrator to the appropriate

administrator and consider the grievance filed on the date on which

the grievance was initially filed;

(9)

require the school district to issue a decision on

the merits of the concern raised in the grievance, notwithstanding

procedural errors or the type of relief requested; and

(10)

for a grievance before the board of trustees of

the school district, require that:

(A)

the person who filed the grievance be

provided at least five business days before the date on which the

meeting to discuss the grievance will be held a description of any

information the board of trustees intends to rely on that is not

contained in the record; and

(B)

the meeting at which the grievance is

discussed be recorded by video or audio recording or by transcript

created by a certified court reporter.

(f)

If a grievance is appealed to the office of inspector

general established under Chapter 26B under Section 26B.060, the

office may:

(1)

investigate an alleged violation of state or

federal law regarding the confidentiality of student information,

including the Family Educational Rights and Privacy Act of 1974 (20

U.S.C. Section 1232g), relating to the grievance;

(2)

collaborate with relevant federal agencies in an

investigation described by Subdivision (1); and

(3)

take any action necessary to compel the school

district, the board of trustees of the district, or a district

employee to comply with law described by Subdivision (1).

(g)

Each school district shall annually submit to the agency

a report on grievances filed in the district during the preceding

year.

The report must include for each grievance the resolution of

the grievance and any corrective action taken.

(h)

Not later than December 1 of each year, the agency shall

post on the agency's Internet website a report on grievances filed

in school districts during the preceding year.

The report must

aggregate the data statewide and state:

(1) the number of grievances filed;

(2)

the number of grievances resolved and the

resolution of those grievances; and

(3) any corrective actions taken.

(i)

If the commissioner determines that a member of the

board of trustees of a school district or a district employee has

retaliated against a student or parent of or person standing in

parental relation to a student in violation of Subsection (e)(1),

the commissioner may:

(1)

if the commissioner determines that a district

educator has retaliated against a student or parent of or person

standing in parental relation to a student, report the educator to

the State Board for Educator Certification for investigation; and

(2)

if the commissioner determines that a member of

the board of trustees of the district, the superintendent, a

principal, or another administrator of the district has retaliated

against a student or parent of or person standing in parental

relation to a student, withhold approval for the guarantee of the

district's bonds by the permanent school fund under Subchapter C,

Chapter 45.

Sec.

26A.002.

TIMELINES FOR FILING AND APPEAL. The policy

adopted under Section 26A.001 must:

(1) provide at least:

(A)

for a grievance filed by a parent of or person

standing in parental relation to a student enrolled in the school

district:

(i)

60 days to file a grievance from the

date on which the parent or person knew or had reason to know of the

facts giving rise to the grievance; or

(ii)

if the parent or person engaged in

informal attempts to resolve the grievance, the later of 90 days to

file a grievance from the date described by Subparagraph (i) or 30

days to file a grievance from the date on which the district

provided information to the parent or person regarding how to file

the grievance; and

(B)

20 days to file an appeal after the date on

which a decision on the grievance was made;

(2)

for a hearing that is not before the board of

trustees of the school district, require:

(A)

the district to hold a hearing not later than

the 10th day after the date on which the grievance or appeal was

filed; and

(B)

a written decision to be made not later than

the 20th day after the date on which the hearing was held that

includes:

(i)

any relief or redress to be provided;

and

(ii)

information regarding filing an

appeal, including the timeline to appeal under this section and

Section 26B.060, if applicable; and

(3)

for a hearing before the board of trustees of the

school district, require the board of trustees to:

(A)

hold a meeting to discuss the grievance not

later than the 60th day after the date on which the previous

decision on the grievance was made; and

(B)

make a decision on the grievance not later

than the 30th day after the date on which the meeting is held under

Paragraph (A).

Sec.

26A.003.

POSTING OF PROCEDURES AND FORMS. (a)

The

board of trustees of a school district shall develop, make publicly

available in a prominent location on the district's Internet

website, and include in the district's student handbook:

(1) procedures for resolving grievances;

(2)

standardized forms for filing a grievance, a

notice of appeal, or a request for a hearing under this chapter; and

(3)

the method by which a grievance may be filed

electronically.

(b)

A school district shall ensure that a grievance may be

submitted electronically at the location on the district's Internet

website at which the information described by Subsection (a) is

available.

(c)

A school district shall submit and make accessible to

the agency the location on the district's Internet website at which

the information described by Subsection (a) is available.

CHAPTER 26B. OFFICE OF INSPECTOR GENERAL

SUBCHAPTER A. GENERAL PROVISIONS

Sec.

26B.001.

DEFINITION. In this chapter, "office" means

the office of inspector general established under this chapter.

Sec.

26B.002.

OFFICE OF INSPECTOR GENERAL. (a)

The office

of inspector general is established as a division within the

agency.

(b)

The governor shall appoint an inspector general to serve

as director of the office. The inspector general serves until

removed by the governor.

(c)

The agency shall provide staff and administrative

resources and support services as necessary to ensure

investigations authorized by this chapter are conducted

expeditiously.

SUBCHAPTER B. POWERS AND DUTIES

Sec.

26B.051.

GENERAL RESPONSIBILITIES. (a)

The office is

responsible for the investigation of complaints received from

parents of children enrolled in public school regarding issues

involving the agency, the State Board of Education, or a school

district or open-enrollment charter school.

(b) The office may:

(1)

receive and investigate complaints from parents of

children enrolled in public school regarding unethical conduct or a

violation of state or federal law relating to public education or

agency procedure or policy by:

(A)

the agency, the State Board of Education, or

a school district or open-enrollment charter school; or

(B)

an employee of the agency, the State Board of

Education, or a school district or open-enrollment charter school;

(2)

conduct special investigations authorized by the

commissioner under Section 39.003(a); and

(3)

make findings of fact that the agency, the State

Board of Education, a school district, or an open-enrollment

charter school or an employee of the entity engaged in unethical

conduct or a violation of state or federal law and take appropriate

action as determined by the commissioner, regardless of any time

requirement relating to the action under Chapter 12 or 39A.

(c)

The office shall perform all other duties and exercise

all other powers granted to the office by this chapter or other law.

Sec.

26B.052.

GENERAL POWERS. (a)

The office has all the

powers necessary or appropriate to carry out its responsibilities

and functions under this chapter and other law.

(b)

Subject to Subsection (c), in conducting an

investigation under this chapter of the board of trustees of a

school district or the governing body of an open-enrollment charter

school, the office may:

(1)

attend any meeting or proceeding of the district

or school, including a meeting or proceeding that is closed to the

public, except for a private consultation of the entity with its

attorney permitted under Section 551.071, Government Code; and

(2)

inspect the records, documents, and files of the

district or school, including any record, document, or file that is

not subject to public disclosure under Chapter 552, Government

Code, or other law.

(c)

The office's authority under Subsection (b) applies

only to a meeting, a proceeding, or information that is relevant to

the discovery of relevant information regarding an allegation of

unethical conduct or a violation of state or federal law.

The

office may not inspect a record, document, or file that is a

privileged communication between an individual and the

individual's attorney.

(d)

The inspection or disclosure of a record, document, or

file for purposes of an investigation under this chapter is not a

voluntary disclosure under Section 552.007, Government Code.

A

record, document, or file made available to the office for purposes

of an investigation under this chapter is not subject to public

disclosure by the office.

Sec.

26B.053.

INVESTIGATION OF UNREPORTED VIOLATIONS. If,

during the investigation of a complaint, the inspector general

discovers unreported unethical conduct or violations described by

Section 26B.051(b)(1), the inspector general shall open a new

investigation for each unreported occurrence of unethical conduct

or violation.

Sec.

26B.054.

SUBPOENAS. (a)

The inspector general may

issue a subpoena to compel the attendance of a relevant witness at a

hearing or deposition under this chapter or to compel the

production, for inspection or copying, of books, papers, records,

documents, or other relevant materials, including electronic data,

in connection with an investigation, review, hearing, or deposition

conducted under this chapter.

(b)

A subpoena may be served personally or by certified

mail.

If a person fails to comply with a subpoena, the inspector

general, acting through the attorney general, may file suit to

enforce the subpoena in a district court in this state.

(c)

On finding that good cause exists for issuing the

subpoena, the court shall order the person to comply with the

subpoena.

The court may hold in contempt a person who fails to obey

the court order.

Sec.

26B.055.

COOPERATION WITH OTHER ENTITIES. The office

may refer matters for further civil and administrative action to

appropriate administrative agencies, including the attorney

general.

Sec.

26B.056.

CONFIDENTIALITY.

(a)

Information received

by the office regarding a complaint is confidential and not subject

to disclosure under Chapter 552, Government Code. The office shall

maintain the information in a manner that preserves the

information's confidentiality.

(b)

The disclosure of confidential information to the

office under this chapter does not constitute a waiver of

confidentiality. Any information disclosed to the office under this

chapter remains confidential and privileged following disclosure.

(c)

This section does not prohibit the office from

communicating with the agency, the State Board of Education, or a

school district or open-enrollment charter school regarding

confidential information disclosed to the office by the agency,

board, district, or school.

Sec.

26B.057.

RETALIATION PROHIBITED. (a) The agency, a

school district, or an open-enrollment charter school may not

retaliate against:

(1)

a parent of a child enrolled in a school district

or open-enrollment charter school who in good faith makes a

complaint to the office;

(2)

a child enrolled in a school district or

open-enrollment charter school whose parent in good faith makes a

complaint to the office; or

(3)

any person, including an employee of the agency,

State Board of Education, district, or school, who in good faith

cooperates with the office in an investigation.

(b)

The office shall collaborate with the agency to

establish consequences for a retaliatory action taken in violation

of this section.

Sec.

26B.058.

ACCESS TO INFORMATION. The agency shall

provide the office access to the agency's records relating to a

complaint filed with the office under this chapter.

Sec.

26B.059.

REPORTS. (a) The inspector general shall

issue and file with the agency a report that contains the inspector

general's final determinations regarding a complaint and any

recommended corrective actions to be taken as a result of the

complaint.

(b)

Notwithstanding Section 26B.056, the inspector general

may make a report relating to an investigation of a complaint public

after the complaint is resolved. A report made public under this

subsection may not include information that identifies any person

involved in the complaint, including the complainant, a child, a

child's parent, or an employee of the agency, the State Board of

Education, a school district, or an open-enrollment charter school.

(c)

Not later than December 1 of each year, the inspector

general shall prepare and submit to the agency and the State Board

of Education a report on the inspector general's work during the

preceding year. The report must include:

(1) a description of the inspector general's work;

(2)

any change made by the agency in response to a

substantiated complaint;

(3)

a description of any trends in the nature of

complaints received by the inspector general, any recommendations

related to addressing those trends, and an evaluation of the

feasibility of the inspector general's recommendations;

(4) a glossary of terms used in the report; and

(5)

any public feedback received by the inspector

general relating to the inspector general's previous reports under

this subsection.

(d)

On receipt of the report required under Subsection (c),

the agency shall make the report publicly available on the agency's

Internet website.

SECTION 1.15. Sections 7.057(a), (a-1), (b), (c), and (f),

Education Code, are transferred to Subchapter B, Chapter 26B,

Education Code, as added by this Act, redesignated as Section

26B.060, Education Code, and amended to read as follows:

Sec. 26B.060. APPEALS.
(a) Except as provided by

Subsection (e), a person may appeal in writing to the
office

[
commissioner
] if the person is aggrieved by:

(1) the school laws of this state; [
or
]

(2) actions or decisions of any school district board

of trustees
or open-enrollment charter school governing body
that

violate[
:

[
(A)
] the school laws of this state; or

(3)

actions or decisions of any school district board

of trustees that violate
[
(B)
] a provision of a written employment

contract between the school district and a school district

employee, if a violation causes or would cause monetary harm to the

employee.

(a-1) A person is not required to appeal to the
office

[
commissioner
] before pursuing a remedy under a law outside of

Title 1 or this title to which Title 1 or this title makes reference

or with which Title 1 or this title requires compliance.

(b) Except as provided by Subsection (c), the
office

[
commissioner
] after due notice to the parties interested shall,

not later than the 180th day after the date an appeal under

Subsection (a) is filed, hold a hearing and issue a decision without

cost to the parties involved. In conducting a hearing under this

subsection, the
office
[
commissioner
] has the same authority

relating to discovery and conduct of a hearing as a hearing examiner

has under Subchapter F, Chapter 21. This section does not deprive

any party of any legal remedy.

(c) In an appeal against a school district
or

open-enrollment charter school
, the
office
[
commissioner
] shall,

not later than the
230th
[
240th
] day after the date the appeal is

filed, issue a decision based on a review of the record developed at

the district
or school
level under a substantial evidence standard

of review. The parties to the appeal may agree in writing to

extend, by not more than 60 days, the date by which the
office

[
commissioner
] must issue a decision under this subsection.
The

office shall provide a copy of the record to the person who filed

the appeal not later than the seventh day after the date on which

the office issues a decision.
A school district's
or

open-enrollment charter school's
disclosure of the record to the

office
[
commissioner
] under this subsection is not an offense under

Section 551.146, Government Code.

(c-1)

In an appeal against a school district or

open-enrollment charter school, the office may:

(1)

if the record is insufficient for the office to

resolve the appeal, remand the case to the district or school and

order an investigation and development of the record; or

(2)

if the office determines that an action or

decision of the district's board of trustees or school's governing

body violated a law or provision described by Subsection (a):

(A)

reverse the case or remand the case to the

board of trustees or governing body for additional proceedings; and

(B)

order the board of trustees or governing body

to take corrective action the office determines appropriate to

remedy the violation.

(d)

A person aggrieved by an action or decision of the

office may appeal to a district court in Travis County.

An appeal

must be made by serving the office with citation issued and served

in the manner provided by law for civil suits.

The petition must

state the action or decision from which the appeal is taken.

At

trial, the court shall determine all issues of law and fact.

(e) This section does not apply to:

(1) a case to which Subchapter G, Chapter 21, applies;

(2) a case involving extracurricular activities; or

(3) a student disciplinary action under Chapter 37.

(f) In this section:

(1) "Record" includes, at a minimum, an audible

electronic recording or written transcript of all oral testimony or

argument.

(2) "School laws of this state" means Title 1 and this

title and rules adopted under those titles.

(g)

The commissioner, in consultation with the office, may

adopt rules as necessary to implement this section.

SECTION 1.16. Subchapter B, Chapter 26B, Education Code, as

added by this Act, is amended by adding Sections 26B.061, 26B.062,

and 26B.063 to read as follows:

Sec.

26B.061.

REMAND. (a)

In an appeal against a school

district or open-enrollment charter school under Section 26B.060,

the office may remand the case to the district or school for

rehearing under Chapter 26A if the office determines that the

appeal would have likely succeeded on the merits if not for:

(1)

a fatal procedural error at the district or school

level;

(2)

failure to allege the correct statutory violation;

or

(3)

failure to develop necessary evidence at the

district or school level.

(b)

In remanding a case under Subsection (a), the office

may:

(1)

identify specific issues or law for the school

district or open-enrollment charter school to address; and

(2) alter the timelines provided under Chapter 26A.

(c)

A case remanded under this section may be appealed again

under Section 26B.060, and the timelines established by that

section apply to the appeal unless the office provides for a shorter

timeline.

(d)

The commissioner, in consultation with the office, may

adopt rules as necessary to implement this section.

Sec.

26B.062.

DISPUTE RESOLUTION FACILITATION. (a)

The

office shall develop a program for the training and review of

dispute resolution facilitators.

(b)

The office shall establish requirements for a person to

qualify as a dispute resolution facilitator under this section.

(c)

In an appeal against a school district or

open-enrollment charter school under Section 26B.060, the office

may refer to dispute resolution facilitation under this section a

case involving a grievance by a parent of or person standing in

parental relation to a student enrolled in the district or school

arising from the parent's or person's status as a parent of or

person standing in parental relation to the student if:

(1) the grievance does not allege:

(A)

conduct described by Section 26B.060(a) or

(e); or

(B)

conduct for which Title 1 or 2, other than

Section 11.151(b), makes a specific decision of the district's

board of trustees or school's governing body final and unappealable

or not subject to review; and

(2)

the office determines that the district's or

school's conduct should be reviewed for substantial error that is

apparent from the record.

(d)

The office shall appoint a dispute resolution

facilitator to an appeal referred to dispute resolution

facilitation under Subsection (c).

A dispute resolution

facilitator:

(1) shall:

(A)

propose factual findings related to the

grievance;

(B)

consider information provided by the person

who filed the grievance and the school district or open-enrollment

charter school;

(C)

facilitate a resolution between the person

who filed the grievance and the school district or open-enrollment

charter school; and

(D)

if no resolution is possible, render a

decision that includes findings of fact and conclusions of law; and

(2)

may recommend a remand of the grievance or grant

relief or redress to the person who filed the grievance in the same

manner as the office under Section 26B.060.

(e)

The office may adopt or reject the final determination

of a dispute resolution facilitator.

If the office rejects the

determination, no decision on the matter is issued.

If the office

adopts the determination, the determination is binding on the

parties.

A determination by the office under this subsection is

final and may not be appealed, including under Section 26B.060(d).

(f)

The school district or open-enrollment charter school

against which the grievance was filed shall pay the cost of the

dispute resolution facilitator, the hearing room, the certified

court reporter at the hearing, and the production of any original

hearing transcript.

(g)

Section 26B.060(a-1) applies to conduct that may be

referred to dispute resolution facilitation under Subsection

(c)(1).

(h)

The commissioner, in consultation with the office, may

adopt rules as necessary to implement this section.

Sec.

26B.063.

INJUNCTIVE RELIEF FOR VIOLATIONS OF EDUCATION

CODE. (a)

If an action or decision of a school district or

open-enrollment charter school violates Title 1 or 2, a parent of a

child enrolled in the district or school may file a claim in

district court for injunctive relief to compel the district or

school to comply with Titles 1 and 2.

(b)

Notwithstanding Section 26B.060, a parent may seek

relief under this section if the board of trustees of the school

district or the governing body of the open-enrollment charter

school:

(1)

issued a written decision on the parent's

grievance described by Subsection (a) within the period required by

Section 26A.002(3)(B) that did not grant the parent's requested

relief; or

(2)

failed to provide a written decision on the

parent's grievance described by Subsection (a) within the period

required by Section 26A.002(3)(B).

SECTION 1.17. Section 28.004, Education Code, is amended by

adding Subsection (i-2) to read as follows:

(i-2)

Before a student may be provided with human sexuality

instruction, a school district must obtain the written consent of

the student's parent.

A request for written consent under this

subsection:

(1)

may not be included with any other notification or

request for written consent provided to the parent, other than the

notice provided under Subsection (i); and

(2)

must be provided to the parent not later than the

14th day before the date on which the human sexuality instruction

begins.

SECTION 1.18. Section 39.003(a), Education Code, is amended

to read as follows:

(a) The commissioner may authorize special investigations

to be conducted:

(1) when excessive numbers of absences of students

eligible to be tested on state assessment instruments are

determined;

(2) when excessive numbers of allowable exemptions

from the required state assessment instruments are determined;

(3) in response to complaints submitted to the agency

with respect to alleged violations of civil rights or other

requirements imposed on the state by federal law or court order;

(4) in response to established compliance reviews of

the district's financial accounting practices and state and federal

program requirements;

(5) when extraordinary numbers of student placements

in disciplinary alternative education programs, other than

placements under Sections 37.006 and 37.007, are determined;

(6) in response to an allegation involving a conflict

between members of the board of trustees or between the board and

the district administration if it appears that the conflict

involves a violation of a role or duty of the board members or the

administration clearly defined by this code;

(7) when excessive numbers of students in special

education programs under Subchapter A, Chapter 29, are assessed

through assessment instruments developed or adopted under Section

39.023(b);

(8) in response to an allegation regarding or an

analysis using a statistical method result indicating a possible

violation of an assessment instrument security procedure

established under Section 39.0301, including for the purpose of

investigating or auditing a school district under that section;

(9) when a significant pattern of decreased academic

performance has developed as a result of the promotion in the

preceding two school years of students who did not perform

satisfactorily as determined by the commissioner under Section

39.0241(a) on assessment instruments administered under Section

39.023(a), (c), or (l);

(10) when excessive numbers of students eligible to

enroll fail to complete an Algebra II course or any other advanced

course as determined by the commissioner;

(11) when resource allocation practices as evaluated

under Section 39.0821 indicate a potential for significant

improvement in resource allocation;

(12) when a disproportionate number of students of a

particular demographic group is graduating with a particular

endorsement under Section 28.025(c-1);

(13) when an excessive number of students is

graduating with a particular endorsement under Section

28.025(c-1);

(14) in response to a complaint submitted to the

agency with respect to alleged inaccurate data that is reported

through the Public Education Information Management System (PEIMS)

or through other reports required by state or federal law or rule or

court order and that is used by the agency to make a determination

relating to public school accountability, including accreditation,

under this chapter;

(15) when 10 percent or more of the students

graduating in a particular school year from a particular high

school campus are awarded a diploma based on the determination of an

individual graduation committee under Section 28.0258;

(16) when a school district for any reason fails to
:

(A)
produce, at the request of the agency,

evidence or an investigation report relating to
a person
[
an

educator
] who is under investigation by the State Board for

Educator Certification
or the agency; or

(B)

timely submit a report required under Chapter

22A regarding a person who is required to be reported to the State

Board for Educator Certification or the agency under that chapter
;

[
or
]

(17)
by the office of inspector general for the

purpose of investigating complaints by parents of children enrolled

in public school; or

(18)
as the commissioner otherwise determines

necessary.

SECTION 1.19. As soon as practicable after the effective

date of this Act, the governor shall appoint an inspector general

under Chapter 26B, Education Code, as added by this article.

SECTION 1.20. Section 12A.004(a), Education Code, as

amended by this article, applies to a local innovation plan adopted

or renewed before, on, or after the effective date of this Act.

SECTION 1.21. (a) Except as provided by Subsection (b) of

this section, this article applies beginning with the 2025-2026

school year.

(b) The changes in law made by this article apply only to an

appeal filed on or after September 1, 2025. An appeal filed before

September 1, 2025, is governed by the law in effect on the date the

appeal was filed, and the former law is continued in effect for that

purpose.

ARTICLE 2. REPORTING OF MISCONDUCT AND CHILD ABUSE AND NEGLECT

SECTION 2.01. Subchapter E, Chapter 2A, Code of Criminal

Procedure, is amended by adding Article 2A.2075 to read as follows:

Art.

2A.2075.

LAW ENFORCEMENT AGENCIES: NOTICE OF CERTAIN

LAW ENFORCEMENT ACTIVITIES AGAINST SCHOOL EMPLOYEE.

(a)

In this

article:

(1)

"Private school" has the meaning assigned by

Section 5.001, Education Code, and includes only a school operating

in this state.

(2)

"Public school" means a school district in this

state or an open-enrollment charter school, as that term is defined

by Section 5.001, Education Code.

(b)

A law enforcement agency shall promptly notify a public

or private school both verbally and in writing that the agency has

opened an investigation into a person the agency knows is an

employee of the school for alleged conduct constituting:

(1) a felony offense; or

(2)

an offense under Title 5 or Chapter 43, Penal Code,

if the victim of the alleged conduct was under 18 years of age or a

student enrolled at the school at the time the conduct was alleged

to have occurred.

(c)

A law enforcement agency shall provide the notice

required under Subsection (b) to:

(1)

the chief of police of the school's police

department, if the school has a police department; or

(2)

the superintendent or other chief executive

officer of the school or the superintendent's or officer's

designee.

(d)

A law enforcement agency shall provide the notice

required under Subsection (b) verbally not later than the earlier

of:

(1) 24 hours after the investigation is opened; or

(2)

the beginning of the first school day immediately

following the date on which the investigation is opened.

(e)

A law enforcement agency shall provide the notice

required under Subsection (b) in writing not later than the seventh

day after providing verbal notice under Subsection (d).

The agency

shall mark the written notice as "personal and confidential" and

include:

(1) the name of the person under investigation;

(2)

a description of the nature of the investigation

and an analysis of any safety concerns to the students or staff of

the school;

(3)

the date and time verbal notice was provided under

Subsection (d); and

(4)

any other facts not prohibited under Subsection

(g) that may assist the school in maintaining the safety of students

and staff.

(f)

In addition to the notice required under Subsection (b),

a law enforcement agency shall:

(1)

periodically update the school to which notice was

provided of the progress of the investigation described by that

subsection; and

(2)

notify the school both verbally and in writing in

accordance with Subsections (c), (d), and (e) that:

(A)

the person who is the subject of the

investigation described by Subsection (b) has been arrested for or

charged with an offense described by that subsection; or

(B) the agency has:

(i)

closed the investigation described by

Subsection (b);

(ii)

released the person who is the subject

of the investigation described by Subsection (b) from custody after

an arrest for an offense described by that subsection; or

(iii) become aware that:

(a)

no charges will be brought against

the person who is the subject of the investigation described by

Subsection (b); or

(b)

the charge brought against the

person who is the subject of the investigation described by

Subsection (b) for an offense described by that subsection has been

dismissed.

(g)

The notice required under Subsection (b) or (f) may not

include any information that:

(1)

is confidential under Chapter 552, Government

Code, or any other state or federal law; or

(2)

may compromise the investigation, including

descriptions of specific pieces of evidence, the identity of any

witness, or a summary of investigative strategies.

(h)

Except as provided by Section 37.092, Education Code,

the contents of a notice provided under this article are

confidential and are not subject to disclosure under Chapter 552,

Government Code.

(i)

Each law enforcement agency shall annually submit a

report to the Texas Education Agency on the notices provided under

this article during the preceding year.

The report must include:

(1) the total number of notices provided;

(2)

the date on which each notice was provided and

whether the notice was provided within the period required by this

article;

(3)

for each notice provided, if and when

investigative updates were also provided as required under

Subsection (f)(1); and

(4)

whether the agency failed to comply with this

article and, if so, the corrective actions taken to prevent future

noncompliance.

SECTION 2.02. Article 42.018(a), Code of Criminal

Procedure, is amended to read as follows:

(a) This article applies only to:

(1) conviction or deferred adjudication community

supervision granted on the basis of
:

(A)
an offense for which a conviction or grant of

deferred adjudication community supervision requires the defendant

to register as a sex offender under Chapter 62;

(B)

an offense under Section 21.12 or 43.24,

Penal Code;

(C)

a felony offense under Chapter 43, Penal

Code;

(D)

a felony offense involving school property;

or

(E)

an offense under the laws of another state or

federal law that is equivalent to an offense under Paragraph (A),

(B), (C), or (D); or

(2) conviction of
:

(A) a felony
[
an
] 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
]; or

(B)

an offense under the laws of another state or

federal law that is equivalent to an offense under Paragraph (A)

[
(3)

conviction or deferred adjudication community supervision

granted on the basis of an offense under Section 43.24, Penal Code
].

SECTION 2.03. Subchapter B, Chapter 7, Education Code, is

amended by adding Section 7.0285 to read as follows:

Sec.

7.0285.

COMPLIANCE OVERSIGHT RELATING TO NOTICE OF

CERTAIN LAW ENFORCEMENT ACTIVITIES AGAINST SCHOOL EMPLOYEE. (a)

The agency shall oversee compliance by:

(1)

law enforcement agencies with the requirements

under Article 2A.2075, Code of Criminal Procedure; and

(2)

school districts, open-enrollment charter

schools, and private schools operating in this state with the

requirements under Section 37.092.

(b)

To assist law enforcement agencies and school

districts, open-enrollment charter schools, and private schools

operating in this state in complying with Article 2A.2075, Code of

Criminal Procedure, and Section 37.092, as applicable, the agency

shall establish a structured communication protocol between law

enforcement agencies and districts and schools that ensures

transparency and accountability.

SECTION 2.04. Subchapter B, Chapter 21, Education Code, is

amended by adding Section 21.0582 to read as follows:

Sec.

21.0582.

REVOCATION FOR VIOLATING CONFIDENTIALITY OF

NOTICE OF CERTAIN LAW ENFORCEMENT ACTIVITIES AGAINST SCHOOL

EMPLOYEE. 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 the person reveals confidential information in

violation of Section 37.092.

SECTION 2.05. Section 21.0585, Education Code, is amended

to read as follows:

Sec. 21.0585. NOTICE TO AGENCY REGARDING REVOCATION OF

CERTIFICATE OR PERMIT FOR CERTAIN MISCONDUCT. The board shall
, not

later than 24 hours after revocation,
[
promptly
] notify the agency

for purposes of Section
22A.151
[
22.092
] if the board revokes a

certificate or permit of a person on a finding that the person

engaged in misconduct described by Section
22A.051(a)(2)(A), (B),

(C), or (D)
[
21.006(b)(2)(A) or (A-1)
].

SECTION 2.06. Subchapter C, Chapter 22, Education Code, is

amended by adding Section 22.089 to read as follows:

Sec.

22.089.

WAIVER OF CRIMINAL HISTORY BACKGROUND CHECK

PROHIBITED. An educational entity, as defined by Section 22A.001,

may not allow a person to begin employment at the entity before the

entity obtains criminal history record information as required

under this subchapter.

SECTION 2.07. Subtitle D, Title 2, Education Code, is

amended by adding Chapter 22A, and a heading is added to that

chapter to read as follows:

CHAPTER 22A.

EMPLOYEE AND SERVICE PROVIDER MISCONDUCT

SECTION 2.08. Chapter 22A, Education Code, as added by this

Act, is amended by adding Subchapter A, and a heading is added to

that subchapter to read as follows:

SUBCHAPTER A.

GENERAL PROVISIONS

SECTION 2.09. Section 21.006(a), Education Code, is

transferred to Subchapter A, Chapter 22A, Education Code, as added

by this Act, redesignated as Section 22A.001, Education Code, and

amended to read as follows:

Sec. 22A.001. DEFINITIONS.
[
(a)
] In this
chapter

[
section
]:

(1) "Abuse" has the meaning assigned by Section

261.001, Family Code, and includes any sexual conduct involving [
an

educator and
] a student or minor.

(2)
"Board" means the State Board for Educator

Certification.

(3)

"Educational entity" means a school district,

district of innovation, open-enrollment charter school, other

charter entity, regional education service center, or shared

services arrangement.

(4)

"Educational provider"

means an entity that

employs a person who provides educational services to a child who is

participating in a program established by the comptroller.

(5)
"Other charter entity" means:

(A) a school district operating under a home-rule

school district charter adopted under Subchapter B, Chapter 12;

(B) a campus or campus program operating under a

charter granted under Subchapter C, Chapter 12; and

(C) an entity that contracts to partner with a

school district under Section 11.174(a)(2) to operate a district

campus under a charter granted to the entity by the district under

Subchapter C, Chapter 12.

(6)

"Registry" means the registry of persons who are

not eligible to be employed by or act as a service provider for an

educational entity maintained under Section 22A.151.

(7)

"Service provider" means a person who provides

services to an educational entity. The term includes:

(A)

a contractor or subcontractor for an

educational entity;

(B)

a provider of tutoring services for an

educational entity;

(C)

an entity that has entered into a contract to

operate a school district campus under Section 11.174;

(D)

a staffing provider for an educational

entity; and

(E)

a person employed by or under the control of a

person described by Paragraph (A), (B), (C), or (D).

SECTION 2.10. Subchapter A, Chapter 22A, Education Code, as

added by this Act, is amended by adding Section 22A.002 to read as

follows:

Sec.

22A.002.

CONFIDENTIALITY. (a) Unless disclosure is

required by other law and except as provided by Subsection (b), a

complaint from a member of the public, statement, recording, note,

file, record, memorandum, or report that is received, obtained, or

created by the board or agency relating to the review or

investigation of an allegation of misconduct

under this chapter

involving an employee of an educational provider or an educator or

employee employed by or a service provider for an educational

entity is confidential and not subject to disclosure under Chapter

552, Government Code.

(b) Subsection (a) does not prohibit the disclosure of:

(1)

a report required under Subchapter B, Chapter 21,

Subchapter C-1, Chapter 22, or this chapter;

(2)

information described by Subsection (a) for

purposes of an administrative or other legal proceeding brought

under Chapter 2001, Government Code; or

(3)

information required to be included in the report

under Section 22A.251.

SECTION 2.11. Chapter 22A, Education Code, as added by this

Act, is amended by adding Subchapter B, and a heading is added to

that subchapter to read as follows:

SUBCHAPTER B.

REQUIRED MISCONDUCT REPORTING

SECTION 2.12. Sections 21.006(b), (b-1), (b-2), (c), (c-1),

(d), (e), (f), (g), (g-1), (h), (i), (j), and (k), Education Code,

are transferred to Subchapter B, Chapter 22A, Education Code, as

added by this Act, redesignated as Section 22A.051, Education Code,

and amended to read as follows:

Sec.

22A.051.

REQUIREMENT TO REPORT EDUCATOR MISCONDUCT TO

BOARD. (a)
[
(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
an educational entity
[
a

school district, district of innovation, open-enrollment charter

school, other charter entity, regional education service center, or

shared services arrangement
] shall notify the
board
[
State Board

for Educator Certification
] if:

(1) an educator employed by or seeking employment by

the
entity
[
school district, district of innovation, charter

school, other charter entity, service center, or shared services

arrangement
] has a criminal record and the
entity
[
school district,

district of innovation, charter school, other charter entity,

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
entity
[
school

district, district of innovation, charter school, other charter

entity, 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
, including by engaging in conduct that

involves physical mistreatment or constitutes a threat of violence

to a student or minor and that is not justified under Chapter 9,

Penal Code, regardless of whether the conduct resulted in bodily

injury
;

(B)
[
(A-1)
] was involved in a romantic

relationship with or solicited or engaged in sexual contact with a

student or minor;

(C)

engaged in inappropriate communications with

a student or minor;

(D)

failed to maintain appropriate boundaries

with a student or minor;

(E)
[
(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.;

(F)
[
(C)
] illegally transferred, appropriated,

or expended funds or other property of the
entity
[
school district,

district of innovation, charter school, other charter entity,

service center, or shared services arrangement
];

(G)
[
(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

(H)
[
(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);

(4)

the superintendent or director becomes aware of

evidence that an educator employed by the entity engaged in

misconduct described by Subdivision (2)(A), (B), (C), or (D);
or

(5)
[
(4)
] the educator engaged in conduct that

violated the assessment instrument security procedures established

under Section 39.0301.

(b)
[
(b-1)
] A superintendent or director of
an educational

entity
[
a school district, district of innovation, open-enrollment

charter school, other charter entity, regional education service

center, or shared services arrangement
] shall complete an

investigation of an educator that involves evidence that the

educator may have engaged in misconduct described by Subsection

(a)(2)(A), (B), (C), or (D)
[
(b)(2)(A) or (A-1)
], despite the

educator's resignation from employment before completion of the

investigation.

(c)
[
(b-2)
] The principal of a school district, district of

innovation, open-enrollment charter school, or other charter

entity campus must notify the superintendent or director of the

[
school
] district, [
district of innovation, charter
] school, or

[
other charter
] entity
:

(1) except as provided by Subdivision (2),
not later

than the seventh business day after the date:

(A)
[
(1)
] of an educator's termination of

employment or resignation following an alleged incident of

misconduct described by Subsection
(a)
[
(b)
]; or

(B)
[
(2)
] the principal knew about an educator's

criminal record under Subsection
(a)(1); or

(2)

not later than 48 hours after the principal

becomes aware of evidence of misconduct described by Subsection

(a)(2)(A), (B), (C), or (D)
[
(b)(1)
].

(d) The
[
(c) Except as provided by Subsection (c-2), the
]

superintendent or director must notify the
board
[
State Board for

Educator Certification
] by filing a report with the board
:

(1) except as provided by Subdivision (2),
not later

than the seventh business day after the date the superintendent or

director
:

(A)
receives
notice
[
a report
] from a principal

under Subsection
(c)
[
(b-2)
]
;
or

(B)
knew about an educator's termination of

employment or resignation following an alleged incident of

misconduct described by Subsection
(a)
[
(b)
] or an
educator's

[
employee's
] criminal record under Subsection
(a)(1); or

(2)

not later than 48 hours after the superintendent

or director:

(A)

receives notice from a principal under

Subsection (c)(2); or

(B)

becomes aware of evidence of misconduct

described by Subsection (a)(2)(A), (B), (C), or (D)
[
(b)(1)
].

(e)
[
(c-1)
] The report under Subsection
(d) must be
[
(c)
]:

(1) [
must be:

[
(A)
] in writing;

(2)
[
and

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

(3)
[
(2) may be
] filed through the Internet portal

developed and maintained by the
agency under Section 22A.155
[
State

Board for Educator Certification under Subsection (g-1)
].

(f)
[
(d)
] The superintendent or director shall notify the

board of trustees or governing body of the
educational entity

[
school district, open-enrollment charter school, other charter

entity, regional education service center, or shared services

arrangement
] and the educator of the filing of the report required

by Subsection
(d)
[
(c)
].

(g)
[
(e)
] A superintendent, director, or principal of
an

educational entity
[
a school district, district of innovation,

open-enrollment charter school, other charter entity, regional

education service center, or shared services arrangement
] who in

good faith and while acting in an official capacity files a report

with the
board
[
State Board for Educator Certification
] under this

section or communicates with another superintendent, director, or

principal concerning an educator's criminal record or alleged

incident of misconduct is immune from civil or criminal liability

that might otherwise be incurred or imposed.

(h)
[
(f)
] The
board
[
State Board for Educator

Certification
] shall determine whether to impose sanctions,

including an administrative penalty under Subsection
(k)
[
(i)
],

against a principal who fails to provide notification to a

superintendent or director in violation of Subsection
(c)
[
(b-2)
]

or against a superintendent or director who fails to file a report

in violation of Subsection
(d)
[
(c)
].

(i)
[
(g)
] The
board
[
State Board for Educator

Certification
] shall propose rules as necessary to implement this

section.

(j)
[
(g-1)

The State Board for Educator Certification

shall develop and maintain an Internet portal through which a

report required under Subsection (c) may be confidentially and

securely filed.

[
(h)
] The name of a student or minor who is the victim of

abuse or unlawful conduct by an 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.

(k)
[
(i)
] If an educator serving as a superintendent or

director is required to file a report under Subsection
(d)
[
(c)
] and

fails to file the report by the date required by that subsection, or

if an educator serving as a principal is required to notify a

superintendent or director about an educator's criminal record or

alleged incident of misconduct under Subsection
(c)
[
(b-2)
] and

fails to provide the notice by the date required by that subsection,

the
board
[
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
board
[
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.

(l)
[
(j)
] A superintendent or director required to file a

report under Subsection
(d)
[
(c)
] commits an offense if the

superintendent or director fails to file the report by the date

required by that subsection with intent to conceal an educator's

criminal record or alleged incident of misconduct
described by

Subsection (a)(2)(A), (B), (E), (F), (G), or (H)
. A principal

required to notify a superintendent or director about an educator's

criminal record or alleged incident of misconduct under Subsection

(c)
[
(b-2)
] commits an offense if the principal fails to provide the

notice by the date required by that subsection with intent to

conceal an educator's criminal record or alleged incident of

misconduct
described by Subsection (a)(2)(A), (B), (E), (F), (G),

or (H)
. An offense under this subsection is a state jail felony.

(m)
[
(k)
] The commissioner may review the records of
an

educational entity
[
a school district, district of innovation,

open-enrollment charter school, other charter entity, regional

education service center, or shared services arrangement
] to ensure

compliance with the requirement to report misconduct under this

section.

SECTION 2.13. Section 22.093, Education Code, is

transferred to Subchapter B, Chapter 22A, Education Code, as added

by this Act, redesignated as Section 22A.052, Education Code, and

amended to read as follows:

Sec.
22A.052
[
22.093
]. REQUIREMENT TO REPORT EMPLOYEE
,

EDUCATIONAL PROVIDER, OR SERVICE PROVIDER
MISCONDUCT
TO

AGENCY
. (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
:

(1)
a person who is employed by
an educational entity

[
a school district, district of innovation, open-enrollment

charter school, other charter entity, regional education service

center, or shared services arrangement
] and who does not hold a

certification or permit issued under Subchapter B, Chapter 21
;

(2)

a service provider for an educational entity who

has or will have direct contact with students; or

(3)

a person employed by an educational provider who

provides educational services to a child participating in a program

established by the comptroller
.

(b)
[
(c)
] In addition to the reporting requirement under

Section 261.101, Family Code, the superintendent or director of
an

educational entity or educational provider
[
a school district,

district of innovation, open-enrollment charter school, other

charter entity, regional education service center, or shared

services arrangement
] shall notify the commissioner if
the

superintendent or director
:

(1)
becomes aware of
[
an employee's employment at the

school district, district of innovation, charter school, other

charter entity, service center, or shared services arrangement was

terminated and there is
] evidence that
a person described by

Subsection (a) engaged in misconduct described by Section

22A.051(a)(2)
[
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)
obtained criminal history record information

relating to misconduct described by Subdivision (1) for a person

described by Subsection (a)
[
the employee resigned and there is

evidence that the employee engaged in misconduct described by

Subdivision (1)
].

(c)
[
(d)
] A superintendent or director of
an educational

entity or educational provider
[
a school district, district of

innovation, open-enrollment charter school, other charter entity,

regional education service center, or shared services arrangement
]

shall complete an investigation of
a person described by Subsection

(a)
[
an employee
] that involves evidence that the
person
[
employee
]

may have engaged in misconduct described by
Section

22A.051(a)(2)(A), (B), (C), or (D)
[
Subsection (c)(1)(A) or (B)
],

despite the
person's termination of or
[
employee's
] resignation

from employment
or cessation of services for the entity or provider

before completion of the investigation.

(d)
[
(e)
] The principal of a school district, district of

innovation, open-enrollment charter school, or other charter

entity campus must notify the superintendent or director of the

[
school
] district, [
district of innovation, charter
] school, or

[
other charter
] entity
:

(1)
not later than the seventh business day after the

date
:

(A)
of
the
[
an employee's
] termination of

[
employment
] or resignation
from employment or cessation of

services of a person described by Subsection (a) for the entity

following an alleged incident of misconduct described by Subsection

(b)(1); or

(B)

the principal knew about criminal history

record information under Subsection (b)(2); or

(2)

not later than 48 hours after the principal

becomes aware of evidence of an alleged incident of misconduct

described by Section 22A.051(a)(2)(A), (B), (C), or (D)
[
(c)(1)(A)

or (B)
].

(e)
[
(f)
] The superintendent or director
of an educational

entity
must notify the commissioner by filing a report with the

commissioner
:

(1) except as provided by Subdivision (2),
not later

than the seventh business day after the date the superintendent or

director
:

(A)
receives
notice
[
a report
] from a principal

under Subsection
(d);
[
(e)
] or

(B)
knew about
the
[
an employee's
] termination of

[
employment
] or resignation
from employment or cessation of

services of a person described by Subsection (a) for the entity

following an alleged incident of misconduct described by Subsection

(b)(1) or criminal history record information under Subsection

(b)(2); or

(2)

not later than 48 hours after the superintendent

or director:

(A)

receives notice from a principal under

Subsection (d)(2); or

(B)

becomes aware of evidence of an alleged

incident of misconduct described by Section 22A.051(a)(2)(A), (B),

(C), or (D)
[
(c)(1)(A) or (B)
].

(f)
The report
under Subsection (e)
must be:

(1) in writing; [
and
]

(2) in a form prescribed by the commissioner
; and

(3)

filed through the Internet portal developed and

maintained by the agency under Section 22A.155
.

(g) The superintendent or director shall notify the board of

trustees or governing body of the
educational entity or educational

provider, if applicable,
[
school district, district of innovation,

open-enrollment charter school, other charter entity, regional

education service center, or shared services arrangement
] and the

person
[
employee
] of the filing of the report required by

Subsection
(e)
[
(f)
].

(h) A superintendent or director who in good faith and while

acting in an official capacity files a report with the commissioner

under Subsection
(e)
[
(f)
] or a principal who in good faith and

while acting in an official capacity notifies a superintendent or

director under Subsection
(d)
[
(e)
] 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)
[
(f)
] 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 or director required to file a report

under Subsection
(e)
[
(f)
] commits an offense if the superintendent

or director fails to file the report by the date required by that

subsection with intent to conceal
a person's
[
an employee's
]

criminal record or alleged incident of misconduct
described by

Section 22A.051(a)(2)(A) or (B)
. A principal required to notify a

superintendent or director about
a person's
[
an employee's
] alleged

incident of misconduct under Subsection
(d)
[
(e)
] commits an

offense if the principal fails to provide the notice by the date

required by that subsection with intent to conceal
a person's
[
an

employee's
] alleged incident of misconduct
described by Section

22A.051(a)(2)(A) or (B)
. An offense under this subsection is a

state jail felony.

(l) The commissioner may review the records of
an

educational entity or educational provider
[
a school district,

district of innovation, open-enrollment charter school, other

charter entity, 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.

SECTION 2.14. Section 21.0061, Education Code, is

transferred to Subchapter B, Chapter 22A, Education Code, as added

by this Act, redesignated as Section 22A.053, Education Code, and

amended to read as follows:

Sec.
22A.053
[
21.0061
]. NOTICE TO PARENT OR GUARDIAN ABOUT

[
EDUCATOR
] MISCONDUCT. (a) The board of trustees or governing body

of
an educational entity
[
a school district, district of

innovation, 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
a person employed by or acting as a

service provider for the entity
[
an educator
] is alleged to have

engaged in misconduct described by
Section 22A.051(a)(2)(A), (B),

(C), or (D)
[
Section 21.006(b)(2)(A) or (A-1)
] informing the parent

or guardian:

(1) that the alleged misconduct occurred;

(2) whether the
person
[
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
agency or

board
[
State Board for Educator Certification
] concerning the

alleged misconduct.

(b) The policy required by this section must require that

information specified by Subsection (a)(1) be provided as soon as

feasible after the
educational
[
employing
] entity becomes aware

that alleged misconduct may have occurred.

[
(c)

In this section, "other charter entity" has the meaning

assigned by Section 21.006.
]

SECTION 2.15. Sections 21.007 and 21.009, Education Code,

are transferred to Subchapter B, Chapter 22A, Education Code, as

added by this Act, redesignated as Sections 22A.054 and 22A.055,

Education Code, and amended to read as follows:

Sec.
22A.054
[
21.007
]. NOTICE ON CERTIFICATION RECORD OF

ALLEGED MISCONDUCT
; INCLUSION IN REGISTRY
. (a) [
In this section,

"board" means the State Board for Educator Certification.

[
(b)
] The board shall adopt a procedure for placing a notice

of alleged misconduct on an educator's public certification

records. The procedure adopted by the board must provide for

immediate placement of a notice of alleged misconduct on an

educator's public certification records if the alleged misconduct

presents a risk to the health, safety, or welfare of a student or

minor as determined by the board.

(b)
[
(c)
] The board must notify
:

(1)
an educator in writing when placing a notice of an

alleged incident of misconduct on the public certification records

of the educator
; and

(2)

the agency for purposes of placing the educator on

the registry in accordance with Subsection (c)
.

(c)

On receiving a notification under Subsection (b), the

agency shall immediately place the educator on the registry and

include information indicating that the educator is under

investigation for alleged misconduct.

(d) The board must provide an opportunity for an educator to

show cause why the notice should not be placed on the educator's

public certification records. The board shall propose rules

establishing the length of time that a notice may remain on the

educator's public certification records before the board must:

(1) initiate a proceeding to impose a sanction on the

educator on the basis of the alleged misconduct; or

(2) remove the notice from the educator's public

certification records.

(e) If it is determined that the educator has not engaged in

the alleged incident of misconduct, the board shall immediately
:

(1)
remove the notice from the educator's public

certification records
; and

(2)

notify the agency to remove the educator from the

registry
.

(f) The board shall propose rules necessary to administer

this section.

Sec.
22A.055
[
21.009
]. PRE-EMPLOYMENT
OR PRE-SERVICE

AFFIDAVIT. (a)
A person applying
[
An applicant
] for
employment

with or who will act as a service provider for an educational entity

[
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,
consent for release of the person's employment records and

a pre-employment
or pre-service
affidavit disclosing whether the

person
[
applicant
] has ever been
:

(1)

investigated by a law enforcement or child

protective services agency for, or
charged with, adjudicated for,

or convicted of
an offense involving, conduct described by Section

22A.051(a)(2)(A), (B), (C), or (D);

(2)

investigated by a licensing authority or had a

license, certificate, or permit denied, suspended, revoked, or

subject to another sanction in this state or another state for

conduct described by Section 22A.051(a)(2)(A), (B), (C), or (D);

(3) included in the registry;

(4)

employed or is currently employed by or has acted

or is currently acting as a service provider for a public or private

school; and

(5)

terminated or discharged or has resigned, in lieu

of being terminated or discharged, from a public or private school

[
having an inappropriate relationship with a minor
].

(b)
A person
[
An applicant
] who answers affirmatively

concerning an
action listed under Subsection (a)
[
inappropriate

relationship with a minor
] must disclose in the affidavit all

relevant facts
known to the person
pertaining to the
matter

[
charge, adjudication, or conviction
], including,
if applicable to

the action
[
for a charge
], whether the
allegation
[
charge
] was

determined to be true or false.

(c)
A person or service provider
[
An applicant
] is not

precluded from being employed
by or providing services to an

educational entity
based on a disclosed
allegation
[
charge
] if the

[
employing
] entity determines based on the information disclosed in

the affidavit that the
allegation
[
charge
] was false.

(d) A determination that an employee
or person providing

services
failed to disclose information required to be disclosed by

a person
[
an applicant
] under this section is grounds for

termination of employment
or service
.

(e)
An educational entity shall discharge or refuse to hire

or allow to act as a service provider for the entity a person

against whom a determination has been made under Subsection (d).

(f)
The
board
[
State Board for Educator Certification
] may

revoke the certificate of an administrator if the board determines

it is reasonable to believe that the administrator employed
a

person or accepted services from a service provider
[
an applicant

for a position described by Section 21.003(a) or (b)
] despite being

aware that the
person knowingly failed to disclose information

required to be disclosed under Subsection (a)
[
applicant had been

adjudicated for or convicted of having an inappropriate

relationship with a minor
].

(g)

A person commits an offense if the person fails to

disclose information required to be disclosed under Subsection (a).

An offense under this subsection is a Class B misdemeanor.

SECTION 2.16. Chapter 22A, Education Code, as added by this

Act, is amended by adding Subchapter C, and a heading is added to

that subchapter to read as follows:

SUBCHAPTER C.

INVESTIGATION OF MISCONDUCT

SECTION 2.17. Section 22.094, Education Code, is

transferred to Subchapter C, Chapter 22A, Education Code, as added

by this Act, redesignated as Section 22A.101, Education Code, and

amended to read as follows:

Sec.
22A.101
[
22.094
]. NOTICE OF ALLEGED MISCONDUCT;

INVESTIGATION; HEARING. (a)
This section applies to:

(1) a
[
A
] person described by Section
22A.052(a)

[
22.093(b) and
] who is
:

(A)
the subject of a report that alleges

misconduct described by Section
22A.051(a)(2);

(B)
[
22.093(c)(1)(A) or (B) or who is
] identified

as having engaged in [
that
] misconduct
described by Paragraph (A)

using the interagency reportable conduct search engine established

under Chapter 810, Health and Safety Code
;

(C)

the subject of a complaint alleging

misconduct described by Paragraph (A) filed with the agency; or

(D)

the subject of a Department of Family and

Protective Services report received by the agency under Section

261.406, Family Code; or

(2)

a person employed by or seeking employment in a

private school who does not hold a certification or permit issued

under Subchapter B, Chapter 21, and who is the subject of a report

that alleges misconduct described by Section 22A.301(a).

(b) A person to whom this section applies
[
,
] is entitled to

a hearing on the merits of the allegations of misconduct under the

procedures provided by Chapter 2001, Government Code, to contest

the allegation in the report
,
[
or
] search engine
, or complaint
.

(c)
[
(b)
] On receiving a report
or complaint
[
filed under

Section 22.093(f)
] or making an identification described by

Subsection (a), the commissioner shall promptly send to the person

who is the subject of the report or identification a notice that

includes:

(1) a statement informing the person that the person

must request a hearing on the merits of the allegations of

misconduct within the period provided by Subsection
(d)
[
(c)
];

(2) a request that the person submit a written

response within the period provided by Subsection
(d)
[
(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 written 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
(e)
[
(d)
].

(d)
[
(c)
] A person entitled to a hearing under Subsection

(b)
[
(a)
] must request a hearing and submit a written response to

show cause not later than the 10th day after the date the person

receives the notice from the commissioner provided under Subsection

(c)
[
(b)
].

(e)
[
(d)
] If a person who receives notice provided under

Subsection
(c)
[
(b)
] does not timely submit a written response to

show cause why the commissioner should not pursue an investigation,

the commissioner shall instruct the agency to make available

through the Internet portal developed and maintained by the agency

under Section
22A.155
[
22.095
] information indicating that the

person is under investigation for alleged misconduct.

(f)
[
(e)
] If a person entitled to a hearing under Subsection

(b)
[
(a)
] does not request a hearing as provided by Subsection
(d)

[
(c)
], the commissioner shall:

(1) based on the report filed under Section

22A.052(e), the complaint alleging misconduct,
[
22.093(f)
] or the

identification described by Subsection (a), make a determination

whether the person engaged in misconduct; and

(2) if the commissioner determines that the person

engaged in misconduct described by Section
22A.051(a)(2)

[
22.093(c)(1)(A) or (B)
], instruct the agency to add the person's

name to the registry [
maintained under Section 22.092
].

(g)
[
(f)
] If a person entitled to a hearing under Subsection

(b)
[
(a)
] requests a hearing as provided by Subsection
(d)
[
(c)
] and

the final decision in that hearing determines that the person

engaged in misconduct described by Section
22A.051(a)(2)

[
22.093(c)(1)(A) or (B)
], the commissioner shall instruct the

agency to add the person's name to the registry [
maintained under

Section 22.092
].

(h)
[
(g)
] If a person entitled to a hearing under Subsection

(b)
[
(a)
] requests a hearing as provided by Subsection
(d)
[
(c)
] and

the final decision in that hearing determines that the person did

not engage in misconduct described by Section
22A.051(a)(2)

[
22.093(c)(1)(A) or (B)
], the commissioner shall instruct the

agency to immediately remove from the Internet portal developed and

maintained by the agency under Section
22A.155
[
22.095
] the

information indicating that the person is under investigation for

alleged misconduct.

(i)
[
(h)
] The commissioner shall adopt rules as necessary

to implement this section.
In adopting rules, the commissioner

shall follow any guidelines adopted by the board regarding

sanctions for misconduct described by Section 22A.051(a)(2).

SECTION 2.18. Subchapter C, Chapter 22A, Education Code, as

added by this Act, is amended by adding Section 22A.102 to read as

follows:

Sec.

22A.102.

PRELIMINARY DETERMINATION. To the extent

feasible, not later than the 30th day after receipt of a report

under Section 22A.051(d), 22A.052(e), or 22A.301(c), the board or

agency, as applicable, shall, based on a preliminary review of the

report, make a determination regarding whether:

(1)

if the person who is the subject of the report is

an educator, a notice of alleged misconduct should be placed on the

educator's public certification records under Section 22A.054; and

(2)

the person should be placed on the registry under

Section 22A.151 with an indication that the person is under

investigation for alleged misconduct.

SECTION 2.19. Section 21.062, Education Code, is

transferred to Subchapter C, Chapter 22A, Education Code, as added

by this Act, redesignated as Section 22A.103, Education Code, and

amended to read as follows:

Sec.
22A.103
[
21.062
]. ISSUANCE OF SUBPOENAS. (a) During

an investigation by the commissioner of an educator
or person who is

employed by or providing services to an educational entity
for an

alleged incident of misconduct, the commissioner may issue a

subpoena to compel:

(1) the attendance of a relevant witness; or

(2) the production[
, for inspection or copying,
] of

relevant evidence that is located in this state.

(a-1)

A response to a subpoena described by Subsection

(a)(2) must be submitted through the Internet portal developed and

maintained by the agency under Section 22A.155 unless the

commissioner authorizes a different method of submission.

(b) A subpoena may be served personally
, electronically,
or

by certified mail.

(c) If a person fails to comply with a subpoena, the

commissioner, acting through the attorney general, may file suit to

enforce the subpoena in a district court in this state. On finding

that good cause exists for issuing the subpoena, the court shall

order the person to comply with the subpoena. The court may punish

a person who fails to obey the court order.

(d) All information and materials subpoenaed or compiled in

connection with an investigation described by Subsection (a) are

confidential and not subject to disclosure under Chapter 552,

Government Code.

(e) Except as provided by a protective order, and

notwithstanding Subsection (d), all information and materials

subpoenaed or compiled in connection with an investigation

described by Subsection (a) may be used in a disciplinary

proceeding against
a person
[
an educator
] based on an alleged

incident of misconduct.

SECTION 2.20. Subchapter C, Chapter 22A, Education Code, as

added by this Act, is amended by adding Section 22A.104 to read as

follows:

Sec.

22A.104.

RESTRICTION ON SURRENDER OF CERTIFICATE OR

PERMIT PENDING INVESTIGATION.

If a person issued a certificate or

permit under Subchapter B, Chapter 21, attempts to surrender the

certificate or permit while the board is investigating an

allegation that the person engaged in misconduct described by

Section 22A.051(a)(2)(A), (B), (C), or (D), the board may not

accept the surrender unless the person agrees to be included in the

registry.

SECTION 2.21. Chapter 22A, Education Code, as added by this

Act, is amended by adding Subchapter D, and a heading is added to

that subchapter to read as follows:

SUBCHAPTER D.

PERSONS NOT ELIGIBLE FOR EMPLOYMENT OR PROVISION OF

SERVICES

SECTION 2.22. Section 22.092, Education Code, is

transferred to Subchapter D, Chapter 22A, Education Code, as added

by this Act, redesignated as Section 22A.151, Education Code, and

amended to read as follows:

Sec.
22A.151
[
22.092
]. REGISTRY OF PERSONS NOT ELIGIBLE FOR

EMPLOYMENT IN
OR PROVISION OF SERVICES TO EDUCATIONAL ENTITIES

[
PUBLIC SCHOOLS
]. (a) The agency shall maintain and make available

through the Internet portal developed and maintained by the agency

under Section
22A.155
[
22.095
] a registry of persons who are not

eligible to be employed by
or act as a service provider for an

educational entity
[
a school district, district of innovation,

open-enrollment charter school, other charter entity, regional

education service center, or shared services arrangement
].

(b)
An educational entity
[
A school district, district of

innovation, open-enrollment charter school, other charter entity,

regional education service center, or shared services arrangement
]

shall discharge or refuse to hire
, or terminate or refuse to accept

services from,
a person listed on the registry [
maintained under

this section
].

(c)
An educational entity may not allow a person who is

listed on the registry to:

(1) act as a service provider for the entity; or

(2) be present at an event sponsored by the entity.

(d)
The registry [
maintained under this section
] must list

the following persons as not eligible to be employed by
or act as a

service provider for an educational entity
[
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 determined by the agency to be not

eligible for employment based on the person's criminal history

record information review, as provided by Section 22.0833;

(3) a person who is not eligible for employment based

on criminal history record information received by the agency under

Section
22A.201(b)
[
21.058(b)
];

(4) a person whose certification or permit
, or

application for a certification or permit,
issued under Subchapter

B, Chapter 21, is
denied or
revoked by the
board and who has not been

issued a certificate or permit under that subchapter subsequent to

that denial or revocation
[
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 whose certification or permit issued

under Subchapter B, Chapter 21, is suspended by the board for a

reason other than under Section 21.105(c), 21.160(c), or 21.210(c)

for the period of the suspension;

(6)
a person who is determined by the commissioner

under Section
22A.101
[
22.094
] to have engaged in misconduct

described by Section
22A.051(a)(2)(A), (B), (C), or (D); and

(7)

a person temporarily included in the registry

under Section 22A.152 or 22A.153 for the term of the placement

[
22.093(c)(1)(A) or (B)
].

(e)

The registry must include information indicating

whether a person's listing in the registry expires.

A prohibition

applicable to a person included in the registry no longer applies to

a person whose listing in the registry has expired and, if

applicable, whose certification or permit under Subchapter B,

Chapter 21, has been reinstated.

(f)
[
(d)
] The agency shall provide equivalent access to the

registry [
maintained under this section
] to:

(1) private schools;

(2)
educational entities
[
public schools
]; [
and
]

(3) nonprofit teacher organizations approved by the

commissioner for the purpose of participating in the tutoring

program established under Section 33.913
;

(4)

entities that have entered into a contract to

operate a school district campus under Section 11.174; and

(5)

service providers for an educational entity that

are authorized by the entity to access the registry
.

(g)

Each school year, the superintendent or director of an

educational entity shall certify to the commissioner that the

entity has complied with this section.

If feasible, the

commissioner by rule shall consolidate the requirement under this

subsection with other reporting requirements applicable to the

entity.

(h)
[
(e)
] The
commissioner
[
agency
] shall adopt rules as

necessary to implement this section.

SECTION 2.23. Subchapter D, Chapter 22A, Education Code, as

added by this Act, is amended by adding Sections 22A.152, 22A.153,

and 22A.154 to read as follows:

Sec.

22A.152.

TEMPORARY INCLUSION IN REGISTRY BASED ON

CONTINUING AND IMMINENT THREAT TO PUBLIC WELFARE. (a)

The

commissioner shall temporarily include a person in the registry if

the commissioner, based on evidence or information presented to the

commissioner regarding a complaint alleging misconduct by the

person, determines that the person's continued employment at or

provision of services to an educational entity constitutes a

continuing and imminent threat to the public welfare.

(b)

A person may be temporarily included in the registry

without notice or hearing on the complaint alleging the person's

misconduct if:

(1)

proceedings for a hearing before the State Office

of Administrative Hearings are initiated simultaneously with the

temporary inclusion; and

(2)

a hearing is held as soon as possible under this

chapter and Chapter 2001, Government Code.

(c)

The State Office of Administrative Hearings shall hold a

preliminary hearing not later than the 17th day after the date of

the temporary inclusion to determine whether probable cause exists

that the person's employment at or provision of services to an

educational entity constitutes a continuing and imminent threat to

the public welfare.

The probable cause hearing shall be conducted

as a de novo hearing.

(d)

The State Office of Administrative Hearings shall hold a

final hearing on the matter not later than the 61st day after the

date of the temporary inclusion.

(e)

The commissioner by rule shall adopt procedures for the

temporary inclusion of a person in the registry under this section.

Sec.

22A.153.

TEMPORARY INCLUSION IN REGISTRY FOR CERTAIN

ARRESTS. (a)

The commissioner shall temporarily include a person

who is employed by or acting as a service provider for an

educational entity in the registry if the educator is arrested for

an offense listed under Section 22A.201(a).

(b)

Before temporarily including a person described by

Subsection (a) in the registry, the commissioner must verify that

the person arrested for an offense described by that subsection is

the same person who is employed by or acting as a service provider

for an educational entity.

(c)

An inclusion in the registry under this section remains

in effect until the final disposition of the case.

(d)

Sections 22A.152(b), (c), and (d) apply to a temporary

inclusion in the registry under this section.

(e)

The commissioner shall adopt rules to implement this

section, including rules regarding evidence that serves as proof of

final disposition of a case.

Sec.

22A.154.

REPORTING TO LAW ENFORCEMENT. (a)

The agency

shall refer to an appropriate local law enforcement agency any

allegation of misconduct that results in the inclusion of a person

in the registry that has not already been referred to a local law

enforcement agency.

(b)

The agency may refer any allegation of misconduct to an

appropriate local law enforcement agency if the agency believes the

allegation includes evidence of criminal conduct.

(c)

The agency shall maintain a record of each allegation of

misconduct referred to a local law enforcement agency under this

section.

SECTION 2.24. Sections 22.095 and 22.096, Education Code,

are transferred to Subchapter D, Chapter 22A, Education Code, as

added by this Act, redesignated as Sections 22A.155 and 22A.156,

Education Code, and amended to read as follows:

Sec.
22A.155
[
22.095
]. INTERNET PORTAL.
(a)
The agency

shall develop and maintain an Internet portal through which:

(1) a report required under Section
22A.051(d),

22A.052(e), or 22A.301(c)
[
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
by or act as service providers for educational

entities
[
in public schools
] as described by Section
22A.151

[
22.092
]; and

(B) information indicating that a person is under

investigation for alleged misconduct in accordance with Section

22A.101(e)
[
22.094(d)
], provided that the agency must provide the

information through a procedure other than the registry [
described

under Paragraph (A)
].

(b)

The Internet portal must comply with any requirements

adopted by the board for filing reports under Sections 22A.051 and

22A.301.

Sec.
22A.156
[
22.096
]. COMPLIANCE MONITORING
; AGENCY

INVESTIGATION AND REVIEW
.
(a)
The agency shall periodically

[
conduct site visits and
] review the records of
educational

entities
[
school districts, districts of innovation,

open-enrollment charter schools, other charter entities, regional

education service centers, and shared services arrangements
] to

ensure compliance with Section
22A.151(b)
[
22.092(b)
].

(b)

The agency shall review the investigations conducted by

educational entities involving allegations of misconduct described

by Section 22A.051(a)(2)(A), (B), (C), or (D) to ensure that the

investigations are conducted using appropriate investigative

protocols, including when cooperating with a law enforcement agency

or the Department of Family and Protective Services in accordance

with the policy adopted under Section 38.004.

If the agency

determines that an educational entity failed to follow appropriate

investigative protocols, the commissioner may authorize a special

investigation under Section 39.003.

(c)

The agency may directly investigate allegations of

misconduct described by Section 22A.051(a)(2)(A), (B), (C), or (D),

regardless of whether a report or complaint was filed with the

agency.

SECTION 2.25. Section 22.085, Education Code, is

transferred to Subchapter D, Chapter 22A, Education Code, as added

by this Act, redesignated as Section 22A.157, Education Code, and

amended to read as follows:

Sec.
22A.157
[
22.085
]. EMPLOYEES AND APPLICANTS CONVICTED

OF OR PLACED ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR

CERTAIN OFFENSES. (a)
An educational entity
[
A school district,

open-enrollment charter school, or shared services arrangement
]

shall discharge or refuse to hire an employee or applicant for

employment if the
entity
[
district, school, or shared services

arrangement
] obtains information through a criminal history record

information review that the employee or applicant has been:

(1) convicted of or placed on deferred adjudication

community supervision for an offense
described by Section

22A.201(a)(1)
[
for which a defendant is required to register as a

sex offender under Chapter 62, Code of Criminal Procedure
]; or

(2) convicted of
an
[
:

[
(A) a felony
] offense
described by Section

22A.201(a)(2)
[
under Title 5, Penal Code, if the victim of the

offense was under 18 years of age at the time the offense was

committed; or

[
(B)

an offense under the laws of another state

or federal law that is equivalent to an offense under Subdivision

(1) or Paragraph (A)
].

(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 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, 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.

(c)
An educational entity
[
A school district,

open-enrollment charter school, or shared services arrangement
]

may not allow a person who is an employee of or applicant for

employment by a qualified school contractor or an entity that

contracts with the
entity
[
district, school, or shared services

arrangement
] to serve [
at the district or school or
] for the
entity

[
shared services arrangement
] if the
entity
[
district, school, or

shared services arrangement
] obtains information described by

Subsection (a) through a criminal history record information review

concerning the employee or applicant.
An educational entity
[
A

school district, open-enrollment charter school, or shared

services arrangement
] must ensure that an entity that the

educational entity
[
district, school, or shared services

arrangement
] contracts with for services has obtained all criminal

history record information as required by Section 22.0834.

(d)
An educational entity or
[
A school district,

open-enrollment charter school,
] private school[
, regional

education service center, or shared services arrangement
] may

discharge an employee if the
entity
[
district
] or 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
board
[
State Board for Educator Certification
] or

the
entity or
[
district,
] 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
board
[
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:

(1) convicted of or placed on deferred adjudication

community supervision for an offense described by Subsection

(a)(1); or

(2) convicted of an offense described by Subsection

(a)(2).

(f) Each school year, the superintendent of a school

district or chief operating officer of an open-enrollment charter

school shall certify to the commissioner that the district or

school has complied with this section.

SECTION 2.26. Chapter 22A, Education Code, as added by this

Act, is amended by adding Subchapter E, and a heading is added to

that subchapter to read as follows:

SUBCHAPTER E. DENIAL OR REVOCATION OF EDUCATOR CERTIFICATION FOR

MISCONDUCT

SECTION 2.27. Section 21.058, Education Code, is

transferred to Subchapter E, Chapter 22A, Education Code, as added

by this Act, redesignated as Section 22A.201, Education Code, and

amended to read as follows:

Sec.
22A.201
[
21.058
].
DENIAL OR
REVOCATION OF CERTIFICATE

AND TERMINATION OF EMPLOYMENT BASED ON CONVICTION OF OR PLACEMENT

ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN

OFFENSES. (a) The procedures described by
this section

[
Subsections (b) and (c)
] apply only to:

(1) conviction of or placement on deferred

adjudication community supervision for
:

(A)
an offense for which a defendant is required

to register as a sex offender under Chapter 62, Code of Criminal

Procedure;

(B)

an offense under Section 21.12 or 43.24,

Penal Code;

(C)

a felony offense under Chapter 43, Penal

Code;

(D)

a felony offense involving school property;

or

(E)

an offense under the laws of another state or

federal law that is equivalent to an offense under Paragraph (A),

(B), (C), or (D); or

(2) conviction of
:

(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
]; or

(B)

an offense under the laws of another state or

federal law that is equivalent to an offense under Paragraph (A)

[
(3)

conviction of or placement on deferred adjudication

community supervision for an offense under Section 43.24, Penal

Code
].

(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
Subchapter B, Chapter 21
[
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.

(c) A school district or open-enrollment charter school

that receives notice under Subsection (b) of the revocation of a

person's
certificate issued under
Subchapter B, Chapter 21,
[
this

subchapter
] shall:

(1) immediately remove the person whose certificate

has been revoked from campus or from an administrative office, as

applicable, to prevent the person from having any contact with a

student; and

(2)
for a
[
if the
] person [
is
] employed under a

probationary, continuing, or term contract under
Chapter 21
[
this

chapter
], with the approval of the board of trustees or governing

body or a designee of the board or governing body:

(A) suspend the person without pay;

(B) provide the person with written notice that

the person's contract is void as provided by Subsection
(e)

[
(c-2)
]; and

(C) terminate the employment of the person as

soon as practicable.

(d)
[
(c-1)
] If a school district or open-enrollment charter

school becomes aware that a person employed by the district or

school under a probationary, continuing, or term contract under

Chapter 21
[
this chapter
] has been convicted of or received

deferred adjudication for a felony offense, and the person is not

subject to Subsection (c), the district or school may, with the

approval of the board of trustees or governing body or a designee of

the board of trustees or governing body:

(1) suspend the person without pay;

(2) provide the person with written notice that the

person's contract is void as provided by Subsection
(e)
[
(c-2)
];

and

(3) terminate the employment of the person as soon as

practicable.

(e)
[
(c-2)
] A person's probationary, continuing, or term

contract
under Chapter 21
is void if, with the approval of the board

of trustees or governing body or a designee of the board or

governing body, the school district or open-enrollment charter

school takes action under Subsection (c)(2)(B) or
(d)(2)

[
(c-1)(2)
].

(f)

The board or a school district may not issue a

certificate or permit under Subchapter B, Chapter 21, to a person

who has been convicted of or placed on deferred adjudication for an

offense described by Subsection (a)(1) or who has been convicted of

an offense described by Subsection (a)(2)
[
(d)

A person whose

certificate is revoked under Subsection (b) may reapply for a

certificate in accordance with board rules
].

(g)
[
(e)
] Action taken by a school district or

open-enrollment charter school under Subsection (c) or
(d)
[
(c-1)
]

is not subject to appeal under this chapter, and the notice and

hearing requirements of this chapter do not apply to the action.

SECTION 2.28. Subchapter E, Chapter 22A, Education Code, as

added by this Act, is amended by adding Sections 22A.202 and 22A.203

to read as follows:

Sec.

22A.202.

TEMPORARY SUSPENSION OF CERTIFICATION OR

PERMIT BASED ON CONTINUING AND IMMINENT THREAT TO PUBLIC WELFARE.

(a)

The board shall temporarily suspend an educator's

certification or permit issued under Subchapter B, Chapter 21, if

the board, based on evidence or information presented to the board

regarding a complaint alleging misconduct by the educator,

determines, by a majority vote of the board or of a five-person

committee of board members designated by the board, that the

educator's continued certification or permit issuance constitutes

a continuing and imminent threat to the public welfare.

(b)

Notwithstanding Chapter 551, Government Code, the board

or a committee described by Subsection (a) may hold a meeting by

telephone conference call if the board or committee determines that

immediate action is required and convening the board or committee

at one location would be inconvenient for any member of the board or

committee.

(c)

An educator's certification or permit may be

temporarily suspended under this section without notice or hearing

on the complaint alleging the educator's misconduct if:

(1)

proceedings for a hearing before the State Office

of Administrative Hearings are initiated simultaneously with the

temporary suspension; and

(2)

a hearing is held as soon as possible under this

chapter and Chapter 2001, Government Code.

(d)

The State Office of Administrative Hearings shall hold a

preliminary hearing not later than the 17th day after the date of

the temporary suspension to determine whether probable cause exists

that the educator's certification or permit issuance constitutes a

continuing and imminent threat to the public welfare.

The probable

cause hearing shall be conducted as a de novo hearing.

(e)

The State Office of Administrative Hearings shall hold a

final hearing on the matter not later than the 61st day after the

date of the temporary suspension.

(f)

The board shall propose rules adopting procedures for

the temporary suspension of an educator's certification or permit

under this section.

Sec.

22A.203.

TEMPORARY SUSPENSION OF CERTIFICATION OR

PERMIT FOR CERTAIN ARRESTS. (a) The board shall temporarily

suspend an educator's certification or permit issued under

Subchapter B, Chapter 21, if the educator is arrested for an offense

listed under Section 22A.201(a).

(b)

Before suspending an educator's certification or permit

under Subsection (a), the board or a five-person committee of board

members designated by the board must verify that the person

arrested for an offense described by that subsection is the same

person who holds a certification or permit issued under Subchapter

B, Chapter 21, by the board.

(c)

A suspension under this section remains in effect until

the final disposition of the case.

(d)

Sections 22A.202(c), (d), and (e) apply to a suspension

under this section.

(e)

The board shall propose rules to implement this section,

including rules regarding evidence that serves as proof of final

disposition of a case.

SECTION 2.29. Chapter 22A, Education Code, as added by this

Act, is amended by adding Subchapter F to read as follows:

SUBCHAPTER F.

OTHER REPORTING REQUIREMENTS

Sec.

22A.251.

REPORT BY AGENCY.

(a)

The agency, in

cooperation with the board, shall, on a quarterly basis, post on the

agency's Internet website a report on educator, employee, and

service provider misconduct reported under this chapter.

(b)

The report under Subsection (a) must be disaggregated by

type of misconduct and include:

(1)

the number of reports of alleged misconduct,

categorized by the source of the report and whether the person who

is the subject of the report holds a certification or permit issued

under Subchapter B, Chapter 21;

(2)

the number of preliminary reviews under Section

22A.102 that resulted in a formal investigation;

(3)

the number of preliminary reviews under Section

22A.102 that did not result in a formal investigation, categorized

by reason for disposition;

(4)

the number of formal investigations, categorized

by disposition;

(5)

the number of individuals sanctioned by the board

or placed on the registry following a formal investigation; and

(6)

any other information as determined by the board

or commissioner.

SECTION 2.30. Chapter 22A, Education Code, as added by this

Act, is amended by adding Subchapter G, and a heading is added to

that subchapter to read as follows:

SUBCHAPTER G.

REQUIRED MISCONDUCT REPORTING: PRIVATE SCHOOLS

SECTION 2.31. Section 21.0062, Education Code, is

transferred to Subchapter G, Chapter 22A, Education Code, as added

by this Act, redesignated as Section 22A.301, Education Code, and

amended to read as follows:

Sec.
22A.301
[
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
board
[
State Board for Educator

Certification
] if
the chief administrative officer becomes aware of

evidence that a person employed by or seeking employment in
a

private school
engaged in misconduct described by Section

22A.051(a)(2)(A), (B), (C), or (D)
[
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
].

(b)
[
(c)
] If there is evidence that a private school

employee
[
educator
] may have engaged in misconduct described by

Subsection
(a)
[
(b)
] and the
employee
[
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
board
[
State Board for

Educator Certification
].

(c)
[
(d)
] The chief administrative officer of the private

school must notify the
board
[
State Board for Educator

Certification
] by filing a report with the board
not later than 48

hours after the chief administrative officer becomes aware of

evidence of
[
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
(a)
[
(b)(2)
].

(d)
[
(e)
] The report filed under Subsection
(c)
[
(d)
] must

be:

(1) in writing; [
and
]

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

(3)

filed through the Internet portal developed and

maintained by the agency under Section 22A.155
.

(e)
[
(f)
] Any person who knows or has reason to believe that

a person employed by or seeking employment in
a private school

[
educator
] engaged in the misconduct described by Subsection
(a)

[
(b)(2)
] may file a report with the
board
[
State Board for Educator

Certification
] under this section.

(f)
[
(g)
] A chief administrative officer of a private

school or any other person who in good faith files a report with the

board
[
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 person employed by or

seeking employment in
a private school [
educator
] is immune from

civil or criminal liability that might otherwise be incurred or

imposed.

(g)
[
(h)
] The name of a student or minor who is the victim of

abuse or unlawful conduct by
a person employed by or seeking

employment in
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.

(h)
[
(i)
] The
board
[
State Board for Educator

Certification
] shall propose rules
and the commissioner shall adopt

rules
as necessary to implement this section.

SECTION 2.32. Subchapter C, Chapter 37, Education Code, is

amended by adding Section 37.092 to read as follows:

Sec.

37.092.

CONFIDENTIALITY OF AND ACTION ON NOTICE OF

CERTAIN LAW ENFORCEMENT ACTIVITIES AGAINST SCHOOL EMPLOYEE. (a)

A

school district, open-enrollment charter school, or private school

that receives notice under Article 2A.2075, Code of Criminal

Procedure, shall keep the information in the notice confidential

except as provided by this section.

(b)

The chief of police of a school district police

department or the superintendent of a school district,

open-enrollment charter school, or private school who receives

notice of an investigation into a district or school employee under

Article 2A.2075, Code of Criminal Procedure, may disclose the

contents of the notice only to:

(1)

a peace officer employed by a law enforcement

agency involved in the investigation;

(2)

a school administrator with direct responsibility

for the employee;

(3)

an attorney who represents the district or school;

or

(4)

staff of the district or school, if necessary to

maintain the safety of district or school students and staff.

(c)

A school district, open-enrollment charter school, or

private school that receives notice of an investigation into a

district or school employee under Article 2A.2075, Code of Criminal

Procedure, shall:

(1)

notify any district or school staff with

responsibility for the employee necessary to maintain the safety of

district or school students and staff;

(2)

promptly collaborate with the law enforcement

agency that sent the notice to develop a plan to maximize student

and staff safety without jeopardizing the success of the

investigation; and

(3) destroy the notice if:

(A)

at least one year has elapsed since the last

notice received for the investigation under Article 2A.2075, Code

of Criminal Procedure; and

(B)

the employee has not been charged with an

offense as a result of the investigation.

(d)

An employee of a school district, open-enrollment

charter school, or private school who receives information

regarding the contents of a notice received under Article 2A.2075,

Code of Criminal Procedure, must keep the information confidential

and may not disclose the information to any other individual except

as authorized by this section.

SECTION 2.33. Section 261.001, Family Code, is amended by

amending Subdivision (1) and adding Subdivision (3-a) to read as

follows:

(1) "Abuse" includes the following acts or omissions

by a person:

(A) mental or emotional injury to a child that

results in an observable and material impairment in the child's

growth, development, or psychological functioning;

(B) causing or permitting the child to be in a

situation in which the child sustains a mental or emotional injury

that results in an observable and material impairment in the

child's growth, development, or psychological functioning;

(C) physical injury that results in substantial

harm to the child, or the genuine threat of substantial harm from

physical injury to the child, including an injury that is at

variance with the history or explanation given and excluding an

accident or reasonable discipline by a parent, guardian, or

managing or possessory conservator that does not expose the child

to a substantial risk of harm;

(D) failure to make a reasonable effort to

prevent an action by another person that results in physical injury

that results in substantial harm to the child;

(E) sexual conduct harmful to a child's mental,

emotional, or physical welfare, including conduct that constitutes

the offense of continuous sexual abuse of young child or disabled

individual under Section 21.02, Penal Code, indecency with a child

under Section 21.11, Penal Code,
improper relationship between

educator and student under Section 21.12, Penal Code,
sexual

assault under Section 22.011, Penal Code, or aggravated sexual

assault under Section 22.021, Penal Code;

(F) failure to make a reasonable effort to

prevent sexual conduct harmful to a child;

(G) compelling or encouraging the child to engage

in sexual conduct as defined by Section 43.01, Penal Code,

including compelling or encouraging the child in a manner that

constitutes an offense of trafficking of persons under Section

20A.02(a)(7) or (8), Penal Code, solicitation of prostitution under

Section 43.021, Penal Code, or compelling prostitution under

Section 43.05(a)(2), Penal Code;

(H) causing, permitting, encouraging, engaging

in, or allowing the photographing, filming, or depicting of the

child if the person knew or should have known that the resulting

photograph, film, or depiction of the child is obscene as defined by

Section 43.21, Penal Code, or pornographic;

(I) the current use by a person of a controlled

substance as defined by Chapter 481, Health and Safety Code, in a

manner or to the extent that the use results in physical, mental, or

emotional injury to a child;

(J) causing, expressly permitting, or

encouraging a child to use a controlled substance as defined by

Chapter 481, Health and Safety Code;

(K) causing, permitting, encouraging, engaging

in, or allowing a sexual performance by a child as defined by

Section 43.25, Penal Code;

(L) knowingly causing, permitting, encouraging,

engaging in, or allowing a child to be trafficked in a manner

punishable as an offense under Section 20A.02(a)(5), (6), (7), or

(8), Penal Code, or the failure to make a reasonable effort to

prevent a child from being trafficked in a manner punishable as an

offense under any of those sections; or

(M) forcing or coercing a child to enter into a

marriage.

(3-a) "Law enforcement agency" means:

(A) the Department of Public Safety;

(B) the police department of a municipality;

(C) the sheriff's office of a county; or

(D) a constable's office of a county.

SECTION 2.34. Sections 261.101(b) and (d), Family Code, are

amended to read as follows:

(b) If a professional has reasonable cause to believe that a

child has been abused or neglected or may be abused or neglected, or

that a child is a victim of an offense under Section 21.11, Penal

Code, and the professional has reasonable cause to believe that the

child has been abused as defined by Section 261.001, the

professional shall make a report not later than the
24th
[
48th
] hour

after the hour the professional first has reasonable cause to

believe that the child has been or may be abused or neglected or is a

victim of an offense under Section 21.11, Penal Code. A

professional may not delegate to or rely on another person to make

the report. In this subsection, "professional" means an individual

who is licensed or certified by the state or who is an employee of a

facility licensed, certified, or operated by the state and who, in

the normal course of official duties or duties for which a license

or certification is required, has direct contact with children.

The term includes teachers, nurses, doctors, day-care employees,

employees of a clinic or health care facility that provides

reproductive services, juvenile probation officers, and juvenile

detention or correctional officers.

(d) Unless waived in writing by the person making the

report, the identity of an individual making a report under this

chapter is confidential and may be disclosed only:

(1) as provided by Section 261.201; [
or
]

(2) to a law enforcement officer for the purposes of

conducting a criminal investigation of the report
; or

(3)

to the Texas Education Agency or the State Board

for Educator Certification, on request by the agency or board, for

the purposes of:

(A) conducting an investigation of the report;

(B)

conducting an investigation of an allegation

that a person failed to submit a report as required under this

chapter; or

(C)

compliance monitoring or conducting an

investigation or review of an investigation under Section 22A.156,

Education Code
.

SECTION 2.35. Section 261.103(a), Family Code, is amended

to read as follows:

(a) Except as provided by Subsections (b) and (c) and

Section 261.405, a report shall be made to:

(1)
a
[
any local or state
] law enforcement agency;

(2) the department; or

(3) the state agency that operates, licenses,

certifies, or registers the facility in which the alleged abuse or

neglect occurred.

SECTION 2.36. Sections 261.104(b) and (d), Family Code, are

amended to read as follows:

(b) If the individual making a report of child abuse or

neglect uses the toll-free telephone number the department operates

for reporting child abuse or neglect and the individual is

unwilling to provide the information described by Subsection

(a)(4), the department representative receiving the report shall

notify the individual that:

(1) the department is not authorized to accept an

anonymous report of abuse or neglect;

(2) the individual may report the abuse or neglect by

making a report to
a
[
any local or state
] law enforcement agency;

and

(3) the identity of an individual making a report

under this subchapter is confidential and may be disclosed only:

(A) as provided by Section 261.201; [
or
]

(B) to a law enforcement officer for the purposes

of conducting a criminal investigation of the report
; or

(C)

to the Texas Education Agency or the State

Board for Educator Certification, on request by the agency or

board, for the purposes of:

(i)

conducting an investigation of the

report;

(ii)

conducting an investigation of an

allegation that a person failed to submit a report as required under

this chapter; or

(iii)

compliance monitoring or conducting

an investigation or review of an investigation under Section

22A.156, Education Code
.

(d) If a report of abuse or neglect is made orally, the

department or [
local or state
] law enforcement agency receiving the

report shall:

(1) notify the individual making the report that:

(A) the report is being recorded; and

(B) making a false report is a criminal offense

under Section 261.107 punishable as a state jail felony or a third

degree felony; and

(2) make an audio recording of the report.

SECTION 2.37. Sections 261.105(a), (b), and (d), Family

Code, are amended to read as follows:

(a) All reports received by a [
local or state
] law

enforcement agency that allege abuse or neglect by a person

responsible for a child's care, custody, or welfare shall be

referred immediately to the department.

(b) The department shall immediately notify the appropriate

[
state or local
] law enforcement agency of any report it receives,

other than a report from a law enforcement agency, that concerns the

suspected abuse or neglect of a child or death of a child from abuse

or neglect.

(d) If the department initiates an investigation and

determines that the abuse or neglect does not involve a person

responsible for the child's care, custody, or welfare, the

department shall refer the report to
the appropriate
[
a
] law

enforcement agency for further investigation. If the department

determines that the abuse or neglect involves an employee of a

public or private elementary or secondary school, [
and that the

child is a student at the school,
] the department shall [
orally
]

notify
, in writing,
the superintendent of the school district, the

director of the open-enrollment charter school, or the chief

executive officer of the private school in which the employee is

employed about the investigation.
The written notice required by

this subsection may be provided by e-mail to the official e-mail

address of the appropriate official, if that e-mail address is

publicly available.

SECTION 2.38. Sections 261.301(a) and (c), Family Code, are

amended to read as follows:

(a) With assistance from the appropriate [
state or local
]

law enforcement agency as provided by this section, the department

shall make a prompt and thorough investigation of a report of child

abuse or neglect allegedly committed by a person responsible for a

child's care, custody, or welfare. The investigation shall be

conducted without regard to any pending suit affecting the

parent-child relationship.

(c) The department is not required to investigate a report

that alleges child abuse, neglect, or exploitation by a person

other than a person responsible for a child's care, custody, or

welfare. The appropriate [
state or local
] law enforcement agency

shall investigate that report if the agency determines an

investigation should be conducted.

SECTION 2.39. Section 261.304(a), Family Code, is amended

to read as follows:

(a) If an individual makes an anonymous report of child

abuse or neglect by a person responsible for a child's care,

custody, or welfare to a [
local or state
] law enforcement agency and

the agency refers the report to the department, the department

shall conduct a preliminary investigation to determine whether

there is any evidence to corroborate the report.

SECTION 2.40. Section 261.308, Family Code, is amended by

adding Subsection (f) to read as follows:

(f)

The department shall release information required to be

released to the Texas Education Agency or the State Board for

Educator Certification under Subsection (d) or (e) by submitting

the information through the Internet portal developed and

maintained by the agency under Section 22A.155, Education Code.

SECTION 2.41. Section 261.402(b), Family Code, is amended

to read as follows:

(b) A state agency shall immediately notify the appropriate

[
state or local
] law enforcement agency of any report the agency

receives, other than a report from a law enforcement agency, that

concerns the suspected abuse, neglect, or exploitation of a child

or the death of a child from abuse or neglect. If the state agency

finds evidence indicating that a child may have been abused,

neglected, or exploited, the agency shall report the evidence to

the appropriate law enforcement agency.

SECTION 2.42. Section 261.406(b), Family Code, is amended

to read as follows:

(b) The department shall send a copy of the completed report

of the department's investigation to the Texas Education Agency or,

in the case of a private school, the school's chief executive

officer. On request, the department shall provide a copy of the

completed report of the department's investigation to the State

Board for Educator Certification, the local school board or the

school's governing body, the superintendent of the school district,

the public school principal or director, or the chief executive

officer of the private school, unless the principal, director, or

chief executive officer is alleged to have committed the abuse or

neglect, for appropriate action. On request, the department shall

provide a copy of the report of investigation to the parent,

managing conservator, or legal guardian of a child who is the

subject of the investigation and to the person alleged to have

committed the abuse or neglect. The report of investigation shall

be edited to protect the identity of the persons who made the report

of abuse or neglect
unless the Texas Education Agency or State Board

for Educator Certification requests the identity of the persons who

made the report under Section 261.101(d)(3)
. Except as otherwise

provided by this subsection, Section 261.201(b) applies to the

release of the report relating to the investigation of abuse or

neglect under this section and to the identity of the person who

made the report of abuse or neglect.

SECTION 2.43. This article applies beginning with the

2025-2026 school year.

SECTION 2.44. Sections 22A.051 and 22A.052, Education Code,

as transferred, redesignated, and amended by this article, apply

only to an offense committed on or after September 1, 2025. An

offense committed before September 1, 2025, is governed by the law

in effect on the date the offense was committed, and the former law

is continued in effect for that purpose. For purposes of this

section, an offense was committed before September 1, 2025, if any

element of the offense occurred before that date.

ARTICLE 3. CONFORMING CHANGES

SECTION 3.01. Section 7.028(a), Education Code, is amended

to read as follows:

(a) Except as provided by Section
22A.051(m)
[
21.006(k)
],

22A.052(l)
[
22.093(l)
],
22A.156
[
22.096
], 28.006, 29.001(5),

29.010(a), 33.006(h), 37.1083, 37.1084, 38.003, or 39.003, 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, or Subchapter A,

Chapter 37, only as necessary to ensure:

(1) compliance with federal law and regulations;

(2) financial accountability, including compliance

with grant requirements;

(3) data integrity for purposes of:

(A) the Public Education Information Management

System (PEIMS); and

(B) accountability under Chapters 39 and 39A; and

(4) qualification for funding under Chapter 48.

SECTION 3.02. Section 12.0271, Education Code, is amended

to read as follows:

Sec. 12.0271. FAILURE TO DISCHARGE OR REFUSE TO HIRE
OR

TERMINATE OR REFUSE SERVICES FROM
CERTAIN EMPLOYEES
,
[
OR
]

APPLICANTS
, OR SERVICE PROVIDERS
. A home-rule school district

commits a material violation of the school district's charter if

the school district fails to comply with the duty to discharge or

refuse to hire
, or terminate or refuse to accept services from,

certain employees
,
[
or
] applicants for employment
, or service

providers
under Section
22A.151 or 22A.157, as applicable
[
22.085

or 22.092
].

SECTION 3.03. Section 12.0631, Education Code, is amended

to read as follows:

Sec. 12.0631. FAILURE TO DISCHARGE OR REFUSE TO HIRE
OR

TERMINATE OR REFUSE SERVICES FROM
CERTAIN EMPLOYEES
,
[
OR
]

APPLICANTS
, OR SERVICE PROVIDERS
. A campus or campus program

granted a charter under this subchapter commits a material

violation of its charter if the campus or program fails to comply

with the duty to discharge or refuse to hire
, or terminate or refuse

to accept services from,
certain employees
,
[
or
] applicants for

employment
, or service providers
under Section 12.1059,
22A.151, or

22A.157, as applicable
[
22.085, or 22.092
].

SECTION 3.04. Section 12.104(b), Education Code, is amended

to read as follows:

(b) An open-enrollment charter school is subject to:

(1) a provision of this title establishing a criminal

offense;

(2) the provisions in Chapter 554, Government Code;

and

(3) 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) reading instruments and accelerated reading

instruction programs under Section 28.006;

(D) accelerated instruction under Section

28.0211;

(E) high school graduation requirements under

Section 28.025;

(F) special education programs under Subchapter

A, Chapter 29;

(G) bilingual education under Subchapter B,

Chapter 29;

(H) prekindergarten programs under Subchapter E

or E-1, Chapter 29, except class size limits for prekindergarten

classes imposed under Section 25.112, which do not apply;

(I) extracurricular activities under Section

33.081;

(J) discipline management practices or behavior

management techniques under Section 37.0021;

(K) health and safety under Chapter 38;

(L) the provisions of Subchapter A, Chapter 39;

(M) public school accountability and special

investigations under Subchapters A, B, C, D, F, G, and J, Chapter

39, and Chapter 39A;

(N) the requirement under Section
22A.051 or

22A.052
[
21.006
] to report [
an educator's
] misconduct;

(O) intensive programs of instruction under

Section 28.0213;

(P) the right of a school employee to report a

crime, as provided by Section 37.148;

(Q) bullying prevention policies and procedures

under Section 37.0832;

(R) the right of a school under Section 37.0052

to place a student who has engaged in certain bullying behavior in a

disciplinary alternative education program or to expel the student;

(S) the right under Section 37.0151 to report to

local law enforcement certain conduct constituting assault or

harassment;

(T) a parent's right to information regarding the

provision of assistance for learning difficulties to the parent's

child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);

(U) establishment of residency under Section

25.001;

(V) school safety requirements under Sections

37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,

37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and

37.2071 and Subchapter J, Chapter 37;

(W) the early childhood literacy and mathematics

proficiency plans under Section 11.185;

(X) the college, career, and military readiness

plans under Section 11.186; and

(Y) parental options to retain a student under

Section 28.02124.

SECTION 3.05. Section 12.1059, Education Code, is amended

to read as follows:

Sec. 12.1059. REQUIREMENTS FOR EMPLOYMENT OF 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
22A.151
[
22.092
].

SECTION 3.06. Section 12.1151, Education Code, is amended

to read as follows:

Sec. 12.1151. FAILURE TO DISCHARGE OR REFUSE TO HIRE
OR

TERMINATE OR REFUSE SERVICES FROM
CERTAIN EMPLOYEES
,
[
OR
]

APPLICANTS
, OR SERVICE PROVIDERS
. 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
,

or terminate or refuse to accept services from,
certain employees
,

[
or
] applicants for employment
, or service providers
under Section

12.1059,
22A.151, or 22A.157, as applicable
[
22.085, or 22.092
].

SECTION 3.07. Section 12.252(b), Education Code, is amended

to read as follows:

(b) An adult education program operated under a charter

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 as determined by the

commissioner to monitor compliance with this subchapter and, as

applicable, Subchapter D;

(B) criminal history records under Subchapter C,

Chapter 22;

(C) high school graduation requirements under

Section 28.025, to the extent applicable to a program participant;

(D) special education programs under Subchapter

A, Chapter 29;

(E) bilingual education under Subchapter B,

Chapter 29;

(F) health and safety under Chapter 38;

(G) the requirement under Section
22A.051 or

22A.052
[
21.006
] to report [
an educator's
] misconduct; and

(H) the right of an employee to report a crime, as

provided by Section 37.148.

SECTION 3.08. Section 12A.008(b-1), Education Code, is

amended 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

22A.151 or 22A.157
[
22.085 or 22.092
].

SECTION 3.09. Section 13.051(j), Education Code, is amended

to read as follows:

(j) If both boards of trustees of the affected districts

disapprove the petition, the decisions may not be appealed. If the

board of trustees of only one affected district disapproves the

petition, an aggrieved party to the proceedings in either district

may appeal the board's decision to the commissioner [
under Section

7.057
]. An appeal under this subsection is de novo. In deciding

the appeal, the commissioner shall consider the educational

interests of the students in the affected territory and the

affected districts and the social, economic, and educational

effects of the proposed boundary change.

SECTION 3.10. Section 21.054(e), Education Code, is amended

to read as follows:

(e) Continuing education requirements for a principal must

provide that not more than 25 percent of the training required every

five years include instruction regarding:

(1) effective and efficient management, including:

(A) collecting and analyzing information;

(B) making decisions and managing time; and

(C) supervising student discipline and managing

behavior;

(2) recognizing early warning indicators that a

student may be at risk of dropping out of school;

(3) digital learning, digital teaching, and

integrating technology into campus curriculum and instruction;

(4) effective implementation of a comprehensive

school counseling program under Section 33.005;

(5) mental health programs addressing a mental health

condition;

(6) educating diverse student populations, including:

(A) students who are educationally

disadvantaged;

(B) emergent bilingual students; and

(C) students at risk of dropping out of school;

and

(7) preventing, recognizing, and reporting any sexual

conduct between an educator and student that is prohibited under

Section 21.12, Penal Code, or for which reporting is required under

Section
22A.051
[
21.006
] of this code.

SECTION 3.11. Section 22.0815(a), Education Code, is

amended to read as follows:

(a) In this section, "other charter entity" has the meaning

assigned by Section
22A.001
[
21.006
].

SECTION 3.12. Section 22.0825(a), Education Code, is

amended to read as follows:

(a) In this section, "other charter entity" has the meaning

assigned by Section
22A.001
[
21.006
].

SECTION 3.13. Section 22.0833(g), Education Code, is

amended to read as follows:

(g) A school district, 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, school,

or shared services arrangement if the person may not be hired or

must be discharged as provided by Section
22A.157
[
22.085
].

SECTION 3.14. Section 22.0834(o), Education Code, is

amended to read as follows:

(o) A school district, charter school, regional education

service center, commercial transportation company, education

shared services arrangement, or qualified school contractor,

contracting entity, or subcontracting entity may not permit an

employee to whom Subsection (a) applies to provide services at a

school if the employee has been convicted of a felony or misdemeanor

offense that would prevent a person from being employed under

Section
22A.157(a)
[
22.085(a)
].

SECTION 3.15. Section 22.0836(g), Education Code, is

amended to read as follows:

(g) A school district, 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, school, or shared services arrangement if the

person:

(1) may not be hired or must be discharged as provided

by Section
22A.157
[
22.085
]; or

(2) may not be employed as a substitute teacher

because the person's educator certification has been revoked or is

suspended.

SECTION 3.16. Sections 28.004(i) and (q-5), Education Code,

are amended to read as follows:

(i) Before each school year, a school district shall provide

written notice to a parent of each student enrolled in the district

of the board of trustees' decision regarding whether the district

will provide human sexuality instruction to district students. If

instruction will be provided, the notice must include:

(1) a statement informing the parent of the human

sexuality instruction requirements under state law;

(2) a detailed description of the content of the

district's human sexuality instruction and a general schedule on

which the instruction will be provided;

(3) a statement of the parent's right to:

(A) at the parent's discretion, review or

purchase a copy of curriculum materials as provided by Subsection

(j);

(B) remove the student from any part of the

district's human sexuality instruction without subjecting the

student to any disciplinary action, academic penalty, or other

sanction imposed by the district or the student's school; and

(C) use the grievance procedure as provided by

Subsection (i-1) or the appeals process under Section
26B.060

[
7.057
] concerning a complaint of a violation of this section;

(4) a statement that any curriculum materials in the

public domain used for the district's human sexuality instruction

must be posted on the district's Internet website, if the district

has an Internet website, and the Internet website address at which

the curriculum materials are located; and

(5) information describing the opportunities for

parental involvement in the development of the curriculum to be

used in human sexuality instruction, including information

regarding the local school health advisory council established

under Subsection (a).

(q-5) Before each school year, a school district shall

provide written notice to a parent of each student enrolled in the

district of the board of trustees' decision regarding whether the

district will provide instruction relating to the prevention of

child abuse, family violence, dating violence, and sex trafficking

to district students. If instruction will be provided, the notice

must include:

(1) a statement informing the parent of the

requirements under state law regarding instruction relating to the

prevention of child abuse, family violence, dating violence, and

sex trafficking;

(2) a detailed description of the content of the

district's instruction relating to the prevention of child abuse,

family violence, dating violence, and sex trafficking;

(3) a statement of the parent's right to:

(A) at the parent's discretion, review or

purchase a copy of curriculum materials as provided by Subsection

(j);

(B) remove the student from any part of the

district's instruction relating to the prevention of child abuse,

family violence, dating violence, and sex trafficking without

subjecting the student to any disciplinary action, academic

penalty, or other sanction imposed by the district or the student's

school; and

(C) use the grievance procedure as provided by

Subsection (i-1) or the appeals process under Section
26B.060

[
7.057
] concerning a complaint of a violation of this section;

(4) a statement that any curriculum materials in the

public domain used for the district's instruction regarding the

prevention of child abuse, family violence, dating violence, and

sex trafficking must be posted on the district's Internet website

address at which the curriculum materials are located; and

(5) information describing the opportunities for

parental involvement in the development of the curriculum to be

used in instruction relating to the prevention of child abuse,

family violence, dating violence, and sex trafficking, including

information regarding the local school health advisory council

established under Subsection (a).

SECTION 3.17. Section 29.022(l), Education Code, is amended

to read as follows:

(l) A school district or open-enrollment charter school

policy relating to the placement, operation, or maintenance of

video cameras under this section must:

(1) include information on how a person may appeal an

action by the district or school that the person believes to be in

violation of this section or a policy adopted in accordance with

this section, including the appeals process under Section
26B.060

[
7.057
];

(2) require that the district or school provide a

response to a request made under this section not later than the

seventh school business day after receipt of the request by the

person to whom it must be submitted under Subsection (a-3) that

authorizes the request or states the reason for denying the

request;

(3) except as provided by Subdivision (5), require

that a school or a campus begin operation of a video camera in

compliance with this section not later than the 45th school

business day, or the first school day after the 45th school business

day if that day is not a school day, after the request is authorized

unless the agency grants an extension of time;

(4) permit the parent of a student whose admission,

review, and dismissal committee has determined that the student's

placement for the following school year will be in a classroom or

other special education setting in which a video camera may be

placed under this section to make a request for the video camera by

the later of:

(A) the date on which the current school year

ends; or

(B) the 10th school business day after the date

of the placement determination by the admission, review, and

dismissal committee; and

(5) if a request is made by a parent in compliance with

Subdivision (4), unless the agency grants an extension of time,

require that a school or campus begin operation of a video camera in

compliance with this section not later than the later of:

(A) the 10th school day of the fall semester; or

(B) the 45th school business day, or the first

school day after the 45th school business day if that day is not a

school day, after the date the request is made.

SECTION 3.18. Section 33.913(b), Education Code, is amended

to read as follows:

(b) To participate in the program as a tutor, a person must:

(1) be an active or retired teacher;

(2) apply for the position in a manner specified by the

nonprofit organization;

(3) designate in the application whether the person

plans to provide tutoring:

(A) for compensation, on a volunteer basis, or

both; and

(B) in person, online, or both; and

(4) not be included in the registry of persons not

eligible for employment by a public school under Section
22A.151

[
22.092
].

SECTION 3.19. Section 37.006(j), Education Code, is amended

to read as follows:

(j) Notwithstanding Section
26B.060(e)
[
7.057(e)
], the

decision of the board of trustees under Subsection (i) may be

appealed to the
office of inspector general established under

Chapter 26B
[
commissioner
] as provided by Sections
26B.060(b)

[
7.057(b)
], (c), (d), and (f). The student may not be returned to

the regular classroom pending the appeal.

SECTION 3.20. 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), a special investigation

under Section 39.003(a)(8) or (14), a compliance review under

Section
22A.051(m), 22A.052(l)
[
21.006(k), 22.093(l)
], or
22A.156

[
22.096
], 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 3.21. Section 810.003(a), Health and Safety Code,

is amended to read as follows:

(a) The department, in collaboration with each

participating state agency, shall establish an interagency

reportable conduct search engine for persons to search information

on reportable conduct in accordance with this chapter and rules

adopted under this chapter maintained by:

(1) the Department of Family and Protective Services

in the central registry established under Section 261.002, Family

Code;

(2) the Health and Human Services Commission in the

employee misconduct registry established under Chapter 253;

(3) the Texas Education Agency in the registry

established under Section
22A.151
[
22.092
], Education Code; and

(4) the Texas Juvenile Justice Department in the

integrated certification information system and in any informal

list the Texas Juvenile Justice Department maintains.

SECTION 3.22. Section 810.004(b), Health and Safety Code,

is amended to read as follows:

(b) In addition to the eligible individuals described by

Subsection (a), each participating state agency shall designate

additional users who are eligible to access the search engine and

may require those users to determine whether an individual has

engaged in reportable conduct. The additional designated users may

include controlling persons, hiring managers, or administrators

of:

(1) licensed or certified long-term care providers,

including:

(A) home and community support services agencies

licensed under Chapter 142;

(B) nursing facilities licensed under Chapter

242;

(C) assisted living facilities licensed under

Chapter 247;

(D) prescribed pediatric extended care centers

licensed under Chapter 248A;

(E) intermediate care facilities for individuals

with an intellectual disability licensed under Chapter 252;

(F) state supported living centers, as defined by

Section 531.002; and

(G) day activity and health services facilities

licensed under Chapter 103, Human Resources Code;

(2) providers under a Section 1915(c) waiver program,

as defined by Section
521.0001
[
531.001
], Government Code;

(3) juvenile probation departments and registered

juvenile justice facilities;

(4) independent school districts, districts of

innovation, open-enrollment charter schools, other charter

entities, as defined by Section
22A.001
[
21.006
], Education Code,

regional education service centers, education shared services

arrangements, or any other educational entity or provider that is

authorized to access the registry established under Section
22A.151

[
22.092
], Education Code;

(5) private schools that:

(A) offer a course of instruction for students in

this state in one or more grades from prekindergarten through grade

12; and

(B) are:

(i) accredited by an organization

recognized by the Texas Education Agency or the Texas Private

School Accreditation Commission;

(ii) listed in the database of the National

Center for Education Statistics of the United States Department of

Education; or

(iii) otherwise authorized by Texas

Education Agency rule to access the search engine; and

(6) nonprofit teacher organizations approved by the

commissioner of education for the purpose of participating in the

tutoring program established under Section 33.913, Education Code.

SECTION 3.23. The following provisions of the Education

Code are repealed:

(1) the heading to Section 21.006;

(2) Section 21.006(c-2);

(3) the heading to Subchapter C-1, Chapter 22; and

(4) Section 22.091.

ARTICLE 4. TRANSITION; SEVERABILITY; EFFECTIVE DATE

SECTION 4.01. To the extent of any conflict, this Act

prevails over another Act of the 89th Legislature, Regular Session,

2025, relating to nonsubstantive additions to and corrections in

enacted codes.

SECTION 4.02. It is the intent of the legislature that every

provision, section, subsection, sentence, clause, phrase, or word

in this Act, and every application of the provisions in this Act to

each person or entity, is severable from each other. If any

application of any provision in this Act to any person, group of

persons, or circumstances is found by a court to be invalid for any

reason, the remaining applications of that provision to all other

persons and circumstances shall be severed and may not be affected.

SECTION 4.03. 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, 2025.