HB2378 - Relating to certain misconduct committed by an employee or security personnel of a public school or certain other educational entities, including the criminal offense of improper relationship with a student.

  89R11640 MM-D     By: Noble H.B. No. 2378       A BILL TO BE ENTITLED   AN ACT   relating to certain misconduct committed by an employee or security   personnel of a public school or certain other educational entities,   including the criminal offense of improper relationship with a   student.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1.  PROCEDURES RELATED TO EMPLOYEE AND SECURITY PERSONNEL   MISCONDUCT          SECTION 1.01.  The heading to Subchapter C-1, Chapter 22,   Education Code, is amended to read as follows:   SUBCHAPTER C-1. PERSONS NOT ELIGIBLE TO BE EMPLOYED OR PROVIDE   SECURITY OR LAW ENFORCEMENT SERVICES [ FOR EMPLOYMENT ] IN PUBLIC   SCHOOLS          SECTION 1.02.  The heading to Section 22.092, Education   Code, is amended to read as follows:          Sec. 22.092.  REGISTRY OF PERSONS NOT ELIGIBLE TO BE   EMPLOYED OR PROVIDE SECURITY OR LAW ENFORCEMENT SERVICES  [ FOR   EMPLOYMENT ] IN PUBLIC SCHOOLS.          SECTION 1.03.  Sections 22.092(a), (b), and (c), Education   Code, are amended to read as follows:          (a)  The agency shall maintain and make available through the   Internet portal developed and maintained by the agency under   Section 22.095 a registry of persons who are not eligible to be   employed by or to provide security or law enforcement services at a   school district, district of innovation, open-enrollment charter   school, other charter entity, regional education service center, or   shared services arrangement.          (b)  A school district, district of innovation,   open-enrollment charter school, other charter entity, regional   education service center, or shared services arrangement shall   discharge , terminate the contract or assignment of, or refuse to   hire , contract with, or accept the assignment of a person listed on   the registry maintained under this section.          (c)  The registry maintained under this section must list the   following persons as not eligible to be employed by or provide   security or law enforcement services at 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 21.058(b);                (4)  a person whose certification or permit issued   under Subchapter B, Chapter 21, is revoked by the 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 who is determined by the commissioner   under Section 22.094 to have engaged in misconduct described by   Section 22.093(c)(1)(A) or (B).          SECTION 1.04.  The heading to Section 22.093, Education   Code, is amended to read as follows:          Sec. 22.093.  REQUIREMENT TO REPORT EMPLOYEE OR SECURITY   PERSONNEL MISCONDUCT.          SECTION 1.05.  Sections 22.093(b), (c), (d), (e), (f), (g),   (j), and (k), Education Code, are amended to read as follows:          (b)  This section applies to a person who is :                 (1)   employed by 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 ; or                 (2)     a peace officer, school resource officer, or other   security officer who provides security or law enforcement services   for a school district, district of innovation, open-enrollment   charter school, other charter entity, regional education service   center, or shared services arrangement, regardless of whether the   officer is employed by one of those entities, a contractor, or a   local law enforcement agency .          (c)  In addition to the reporting requirement under Section   261.101, Family Code, 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 notify the commissioner if:                (1)  an employee's employment , security officer's   contract, or school resource officer's assignment 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 the employee , security   officer, or school resource officer :                      (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)  the employee resigned or the security officer's   contract or school resource officer's assignment was terminated and   there is evidence that the employee , security officer, or school   resource officer engaged in misconduct described by Subdivision   (1).          (d)  A 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 complete an investigation of an   employee , security officer, or school resource officer that   involves evidence that the employee or officer may have engaged in   misconduct described by Subsection (c)(1)(A) or (B), despite the   employee's resignation from employment or termination of the   officer's contract or assignment before completion of the   investigation.          (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 not later than the seventh business day after the   date of an employee's termination of employment or resignation or   the termination of a security officer's contract or school resource   officer's assignment following an alleged incident of misconduct   described by Subsection (c)(1)(A) or (B).          (f)  The superintendent or director must notify the   commissioner by filing a report with the commissioner not later   than the seventh business day after the date the superintendent or   director receives a report from a principal under Subsection (e) or   knew about an employee's termination of employment or resignation   or the termination of a security officer's contract or school   resource officer's assignment following an alleged incident of   misconduct described by Subsection (c)(1)(A) or (B).  The report   must be:                (1)  in writing; and                (2)  in a form prescribed by the commissioner.          (g)  The superintendent or director shall notify the board of   trustees or governing body of the school district, district of   innovation, open-enrollment charter school, other charter entity,   regional education service center, or shared services arrangement   and the employee , security officer, or school resource officer of   the filing of the report required by Subsection (f).          (j)  The name of a student or minor who is the victim of abuse   or unlawful conduct by an employee , security officer, or school   resource officer 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 (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 an employee's , security   officer's, or school resource officer's  criminal record or alleged   incident of misconduct.  A principal required to notify a   superintendent or director about an employee's or officer'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 or officer's   alleged incident of misconduct.  An offense under this subsection   is a state jail felony.          SECTION 1.06.  Section 21.0061, Education Code, is   transferred to Subchapter C-1, Chapter 22, Education Code,   redesignated as Section 22.0935, Education Code, and amended to   read as follows:          Sec.  22.0935   [ 21.0061 ]. NOTICE TO PARENT OR GUARDIAN ABOUT   EMPLOYEE OR SECURITY PERSONNEL [ EDUCATOR ] MISCONDUCT. (a) The   board of trustees or governing body of 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 an employee, security   officer, or school resource officer [ educator ] is alleged to have   engaged in misconduct described by Section 21.006(b)(2)(A) or (A-1)     or 22.093(c)(1)(A) or (B), as applicable, informing the parent or   guardian:                (1)  that the alleged misconduct occurred;                (2)  whether the employee's employment, security   officer's contract, or school resource officer's assignment   [ educator ] was terminated following an investigation of the alleged   misconduct or that the employee, security officer, or school   resource officer resigned before completion of the investigation;   and                (3)   if the individual alleged to have engaged in   misconduct was an educator, whether a report was submitted to the   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 [ employing ] entity described by Subsection (a)   becomes aware that alleged misconduct may have occurred.          (c)  In this section, "other charter entity" has the meaning   assigned by Section 21.006.          SECTION 1.07.  Section 22.095, Education Code, is amended to   read as follows:          Sec. 22.095.  INTERNET PORTAL. The agency shall develop and   maintain an Internet portal through which:                (1)  a report required under Section 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 to provide security or law enforcement services   at [ in ] public schools as described by Section 22.092; and                      (B)  information indicating that a person is under   investigati [Text truncated for display. Full text available on Congress.gov.]