HB3347 - Relating to person not eligible for employment in public schools and to measures to ensure publics schools do not employ those persons.

      By: Noble H.B. No. 3347       A BILL TO BE ENTITLED   AN ACT   relating to person not eligible for employment in public schools   and to measures to ensure publics schools do not employ those   persons.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 01.  Section 21.006, Education Code, is amended to   read as follows:          (a)  In this 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)   an "educational entity" is a school district,   district of innovation, open-enrollment charter school, other   charter entity, regional education service center, or shared   services arrangement.                 (3)   "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.          (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 State Board for Educator   Certification if:                (1)  an educator employed by or seeking employment by   the educational entity [ school district, district of innovation,   charter school, other charter entity, service center, or shared   services arrangement ] has a criminal record and the educational   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 educational 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;                      (A-1)  was involved in a romantic relationship   with or solicited or engaged in sexual contact with a student or   minor;                       (A-2)     had inappropriate communications with a   student or minor;                       (A-3)     failed to maintain appropriate boundaries   with a student or minor;                       (A-4)     committed physical mistreatment or   threatened violence to a student or minor though no actual injury   occurred to the student or minor;                      (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.;                      (C)  illegally transferred, appropriated, or   expended funds or other property of the educational entity [ school   district, district of innovation, charter school, other charter   entity, service center, or shared services arrangement ];                      (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                      (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);   [ or ]                (4)  the educator engaged in conduct that violated the   assessment instrument security procedures established under   Section 39.0301 ; or                 (5)     there is evidence that an educator engaged in   conduct described by Subsections (b)(2)(A), (A-1), (A-2), (A-3) or   (A-4) .          (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 s   (b)(2)(A) , [ or ] (A-1) , (A-2), (A-3) or (A-4) , despite the   educator's resignation from employment before completion of the   investigation.          (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 not later :                 (1)   than the seventh business day after the date:                      [ (1) ]  (A)   of an educator's termination of   employment or resignation following an alleged incident of   misconduct described by Subsection (b); or                      [ (2) ]  (B)   the principal knew about an educator's   criminal record under Subsection (b)(1) ; or                 (2)     than 48 hours after knowledge of evidence of   misconduct under Subsections (b)(2)(A), (A-1), (A-2), (A-3) or   (A-4) .          (c)  Except as provided by Subsection (c-2), the   superintendent or director must notify the State Board for Educator   Certification by filing a report with the board not later :                 (1)   than the seventh business day after the date the   superintendent or director receives a report from a principal under   Subsection (b-2) or knew about an educator's termination of   employment or resignation following an alleged incident of   misconduct described by Subsection (b) or an employee's criminal   record under Subsection (b)(1) ; or                 (2)     than 48 hours after the superintendent or director   receives a report from a principal under Subsection (b-2) or know   about an alleged incident of misconduct described by Subsections   (b)(2)(A), (A-1), (A-2), (A-3) or (A-4) .          (c-1)  The report under Subsection (c):                (1)  must be:                      (A)  in writing; and                      (B)  in a form prescribed by the board; and                            (2)  [ may ] must be filed through the   Internet portal developed and maintained under Section 22.095 [ by   the State Board for Educator Certification under Subsection (g-1) ].          (c-2)  A superintendent or director of an educational entity   [ a school district, district of innovation, open enrollment charter   school, regional education service center, or shared services   arrangement ]is not required to notify the State Board for Educator   Certification or file a report with the board under Subsection (b)   or (c) if the superintendent or director[ :                 (1)     completes an investigation into an educator's   alleged incident of misconduct described by Subsection (b)(2)(A) or   (A-1) before the educator's termination of employment or   resignation; and                 (2)     determines the educator did not engage in the   alleged incident of misconduct described by Subsection (b)(2)(A) or   (A-1); ] has reasonable cause to believe that the educator subject   to a report under this section is deceased .          (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   (c).          (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 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.          [ (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. ]          SECTION 02.  Section 21.0062, Education Code, is amended to   read as follows:          (d)  The chief administrative officer of the private school   must notify the State Board for Educator Certification by filing a   report with the board not later than :                 (1)   the seventh business day after the date the chief   administrative officer knew that a private school educator:                      [ (1) ]  (A)   has a criminal record under Subsection   (b)(1); or                      [ (2) ]  (B)   was terminated or resigned following   an alleged incident of misconduct described by Subsection (b)(2) ;   or                 (2)     48 hours after the date the chief administrative   officer knew there was evidence of misconduct described by   Subsection (b)(2)(A), (A-1), (A-2), (A-3) or (A-4) .          (e)  The report filed under Subsection (d) must be:                (1)  in writing; and          &#xA0 [Text truncated for display. 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