HB1025 - Relating to the appointment of an inspector general for education, the creation of a division of inspector general for education in the State Board of Education to investigate public education, and the authority of the commissioner of education to conduct special investigations.

  89R508 MEW-D     By: Shaheen H.B. No. 1025       A BILL TO BE ENTITLED   AN ACT   relating to the appointment of an inspector general for education,   the creation of a division of inspector general for education in the   State Board of Education to investigate public education, and the   authority of the commissioner of education to conduct special   investigations.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 7.102(c), Education Code, is amended by   adding Subdivision (35) to read as follows:                 (35)     The board shall appoint an inspector general for   education in accordance with Subchapter E.          SECTION 2.  Chapter 7, Education Code, is amended by adding   Subchapter E to read as follows:   SUBCHAPTER E. INSPECTOR GENERAL FOR EDUCATION           Sec. 7.151.  DEFINITIONS. In this subchapter:                 (1)     "Abuse" has the meaning assigned by Section   261.001, Family Code.                 (2)     "Division" means the division of inspector general   for education established under this subchapter.                 (3)     "Fraud" means an intentional deception or   misrepresentation made by a person with the knowledge that the   deception or misrepresentation could result in some unauthorized   benefit to that person or some other person. The term includes any   act that constitutes fraud under applicable federal or state law.                 (4)     "Local education agency" includes a school   district or county system described by Subchapter G, Chapter 11.           Sec.   7.152.     DIVISION OF INSPECTOR GENERAL FOR EDUCATION.   (a) The division of inspector general for education is established   as a division within the board.           (b)     The board shall, by majority vote, appoint an inspector   general to serve as director of the division. The inspector general   serves until removed by the board.           (c)     From money appropriated for that purpose, the inspector   general may employ staff and pay for administrative resources,   support services, and operating expenses as necessary to ensure   investigations and reviews authorized by this subchapter are   conducted expeditiously.           Sec.   7.153.     GENERAL RESPONSIBILITIES. (a) The division is   responsible for:                 (1)     the investigation, prevention, and detection of   wrongdoing and fraud, waste, and abuse in public education by   school districts, open-enrollment charter schools, regional   education service centers, and other local education agencies in   this state; and                 (2)     the investigation of violations of state or   federal law by school districts, open-enrollment charter schools,   regional education service centers, and other local education   agencies in this state, including violations by employees,   representatives, and contractors of those entities, of:                       (A)     parental rights under Chapter 26 or other   state law;                       (B)     school safety and security requirements   under Sections 37.108, 37.1081, and 37.109; or                       (C)  any other provision of this code.           (b)  The division may investigate:                 (1)  allegations of fraud, waste, and abuse;                 (2)  alleged violations of:                       (A)     the requirement to report educator   misconduct under Section 21.006;                       (B)     the required transfer of a student in   accordance with Section 25.0342;                       (C)     parental rights under Chapter 26 of this code   or Chapter 151, Family Code;                       (D)     requirements and prohibitions under Section   28.0022;                       (E)     discipline and law and order under Chapter   37, including school safety and security requirements under   Sections 37.108, 37.1081, and 37.109;                       (F)  any other provision of this code;                       (G)     the reporting requirement under Section   261.101, Family Code;                       (H)     the code of ethics and standard practices for   educators adopted by State Board for Educator Certification rule;                       (I)     a student's right of due process in   administrative investigations; or                       (J)     the free speech clause of the First Amendment   to the United States Constitution or Section 8, Article I, Texas   Constitution;                 (3)     alleged incidents of misconduct that may   constitute an offense under Section 15.032, 20A.02(a)(7) or (8),   25.04, 43.23, or 43.24, Penal Code;                 (4)     complaints submitted to the division with respect   to alleged violations of civil rights or other requirements imposed   on the state by federal law or court order;                 (5)     a determination of extraordinary numbers of   student placements in disciplinary alternative education programs,   other than placements under Sections 37.006 and 37.007;                 (6)     decisions concerning discretionary student   placements in disciplinary alternative education programs; and                 (7)     allegations involving a conflict between the board   of trustees of a school district 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.           (c)  The division shall, as necessary:                 (1)     conduct civil and administrative investigations,   refer criminal investigations to the appropriate local law   enforcement agency, and initiate reviews of a school district, an   open-enrollment charter school, a regional education service   center, or another local education agency as considered appropriate   by the inspector general;                 (2)     conduct, in coordination with the comptroller,   audits of the use of money by a school district, an open-enrollment   charter school, a regional education service center, or another   local education agency, including money used for school security,   school-based health, student mental health, capital expenditures,   the school health and related services program, and legal   representation;                 (3)     receive complaints from any source and investigate   those complaints on the division's own initiative;                 (4)     conduct investigations authorized by this   section;                 (5)     review public school safety and security audits   conducted under Section 37.108;                 (6)     investigate reports of educator or employee   misconduct under Section 21.006 or 22.093;                 (7)     make findings of fact that a school district, an   open-enrollment charter school, a regional education service   center, or another local education agency or an employee or agent of   one of those entities committed an act of wrongdoing, fraud, waste,   or abuse in public education or a violation or act of misconduct   described by Subsection (b) and take appropriate action as   determined by the inspector general in consultation with the board   and any appropriate law enforcement agencies, regardless of any   time requirement relating to the action under Chapter 8, 12, or 39A;   and                 (8)     notwithstanding Subdivision (7), on a finding of a   violation described by Subsection (b), including a requirement   relating to a school district's or open-enrollment charter school's   multihazard emergency operations plan, by an entity described by   that subdivision, prescribe binding corrective or disciplinary   action, including timelines for those actions, to be taken.           (d)     The division shall perform all other duties and exercise   all other powers granted to the division by this subchapter or other   law.           Sec.   7.154.     GENERAL POWERS. (a) The division has all the   powers necessary or appropriate to carry out its responsibilities   and functions under this subchapter and other law.           (b)     Subject to Subsection (c), in conducting an   investigation under this subchapter of the board of trustees of a   school district, the governing body of an open-enrollment charter   school, the board of directors of a regional education service   center or another local education agency, or the executive   leadership of any of those entities, the division may:                 (1)     attend any meeting or proceeding of the school   district, open-enrollment charter school, regional education   service center, or other local education agency, 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   school district, open-enrollment charter school, regional   education service center, or other local education agency,   including any record, document, or file that is not subject to   public disclosure under Chapter 552, Government Code, or other law.           (c)     The division'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   wrongdoing or a violation described by Section 7.153 or of fraud,   waste, or abuse in public education by a person or entity described   by Subsection (b). Except as provided by Subsection (e), the   division 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 subchapter is not a   voluntary disclosure under Section 552.007, Government Code. A   record, document, or file made available to the division for   purposes of an investigation under this subchapter is not subject   to public disclosure by the division.           (e)     The division may, for purposes of conducting an   investigation under this subchapter, a [Text truncated for display. Full text available on Congress.gov.]