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89(R) SB 1224 - Engrossed version - Bill Text
By: Sparks, et al.
S.B. No. 1224
A BILL TO BE ENTITLED
AN ACT
relating to the reporting of certain public or private school
employee misconduct to local law enforcement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.006, Education Code, is amended by
adding Subsection (b-3) and amending Subsections (i) and (j) to
read as follows:
(b-3)
The superintendent or director of a school district,
district of innovation, open-enrollment charter school, other
charter entity, regional education service center, or shared
services arrangement shall provide written notice to the police
department of the municipality in which the entity is located or, if
the entity is not in a municipality, the sheriff of the county in
which the entity is located not later than 48 hours after the date
the superintendent or director has reasonable cause to believe that
an educator is alleged to have engaged in misconduct described by
Subsection (b)(2)(A) or (A-1).
(i) If an educator serving as a superintendent or director
is required to
provide notice under Subsection (b-3) or
file a
report under Subsection (c) and fails to
provide notice or
file the
report by the date required by
the applicable
[
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 (b-2) and fails to
provide the notice by the date required by that subsection, the
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 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.
(j) A superintendent or director required to
provide notice
under Subsection (b-3) or
file a report under Subsection (c)
commits an offense if the superintendent or director fails to
provide notice or
file the report by the date required by
the
applicable
[
that
] subsection with intent to conceal an educator's
criminal record or alleged incident of misconduct. A principal
required to notify a superintendent or director about an educator's
criminal record or alleged incident of misconduct under Subsection
(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. An offense under this subsection is a state jail
felony.
SECTION 2. Section 21.0062, Education Code, is amended by
adding Subsection (d-1) and amending Subsections (e), (g), and (h)
to read as follows:
(d-1)
The chief administrative officer of a private school
shall provide written notice to the police department of the
municipality in which the school is located or, if the school is not
in a municipality, the sheriff of the county in which the school is
located not later than 48 hours after the date the chief
administrative officer has reasonable cause to believe that a
private school educator is alleged to have engaged in misconduct
described by Subsection (b)(2).
(e) The report filed
with the State Board for Educator
Certification
under Subsection (d) must be:
(1) in writing; and
(2) in a form prescribed by the board.
(g) A chief administrative officer of a private school or
any other person who in good faith files a report with the State
Board for Educator Certification under
Subsection (d), provides
notice to a police department or sheriff under Subsection (d-1),
[
this section
] or communicates with a chief administrative officer
or other administrator of a private school concerning the criminal
record of or an alleged incident of misconduct by a private school
educator is immune from civil or criminal liability that might
otherwise be incurred or imposed.
(h) The name of a student or minor who is the victim of abuse
or unlawful conduct by a private school educator must be included in
a report filed
with the State Board for Educator Certification
under
Subsection (d)
[
this section
], but the name of the student or
minor is not public information under Chapter 552, Government Code.
SECTION 3. Section 22.093, Education Code, is amended by
adding Subsection (c-1) and amending Subsections (i) and (k) to
read as follows:
(c-1)
The superintendent or director of a school district,
district of innovation, open-enrollment charter school, other
charter entity, regional education service center, or shared
services arrangement shall provide written notice to the police
department of the municipality in which the entity is located or, if
the entity is not in a municipality, the sheriff of the county in
which the entity is located not later than 48 hours after the date
the superintendent or director has reasonable cause to believe that
an employee is alleged to have engaged in misconduct described by
Subsection (c)(1)(A) or (B).
(i) The commissioner shall refer an educator who fails to
provide notice under Subsection (c-1) or
file a report in violation
of Subsection (f) to the State Board for Educator Certification,
and the board shall determine whether to impose sanctions against
the educator.
(k) A superintendent or director required to
provide notice
under Subsection (c-1) or
file a report under Subsection (f)
commits an offense if the superintendent or director fails to
provide notice or
file the report by the date required by
the
applicable
[
that
] subsection with intent to conceal an employee's
criminal record or alleged incident of misconduct. A principal
required to notify a superintendent or director about an employee's
alleged incident of misconduct under Subsection (e) commits an
offense if the principal fails to provide the notice by the date
required by that subsection with intent to conceal an employee's
alleged incident of misconduct. An offense under this subsection
is a state jail felony.
SECTION 4. This Act takes effect September 1, 2025.