HB1456 - Relating to the creation of the office of inspector general at the Texas Education Agency to investigate complaints by parents of children enrolled in public school.

  89R7779 MEW-D     By: Patterson H.B. No. 1456       A BILL TO BE ENTITLED   AN ACT   relating to the creation of the office of inspector general at the   Texas Education Agency to investigate complaints by parents of   children enrolled in public school.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle E, Title 2, Education Code, is amended   by adding Chapter 26A to read as follows:   CHAPTER 26A. OFFICE OF INSPECTOR GENERAL   SUBCHAPTER A. GENERAL PROVISIONS           Sec.   26A.001.     DEFINITION. In this chapter, "office" means   the office of inspector general established under this chapter.           Sec.   26A.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.   26A.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.   26A.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.   26A.053.     INVESTIGATION OF UNREPORTED VIOLATIONS. If,   during the investigation of a complaint, the inspector general   discovers unreported unethical conduct or violations described by   Section 26A.051(b)(1), the inspector general shall open a new   investigation for each unreported occurrence of unethical conduct   or violation.           Sec.   26A.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.   26A.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.   26A.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.   26A.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.   26A.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.   26A.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 26A.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 2.  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 clearl [Text truncated for display. 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