HB3991 - Relating to misconduct by public school employees and to persons who must be listed in the registry of persons not eligible for employment in public schools.

  89R11700 KJE-D     By: Y. Davis of Dallas H.B. No. 3991       A BILL TO BE ENTITLED   AN ACT   relating to misconduct by public school employees and to persons   who must be listed in the registry of persons not eligible for   employment in public schools.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 21.006(a), Education Code, is amended by   adding Subdivision (1-a) to read as follows:                 (1-a) "Neglect" has the meaning assigned by Section   261.001, Family Code.          SECTION 2.  Section 21.006(b), Education Code, is amended to   read as follows:          (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 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 school district, district of innovation, charter school, other   charter entity, service center, or shared services arrangement has   a criminal record and the 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 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 , neglected, 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;                      (B)  possessed, transferred, sold, or   distributed :                             (i)  marihuana or a controlled substance, as   defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.   Section 801 et seq. ; or                             (ii)     a dangerous drug, as defined by   Chapter 483, Health and Safety Code ;                      (C)   while on or within 300 feet of school   property, as measured from any point on the school's real property   boundary line, or while attending a school-sponsored or   school-related activity on or off of school property, engaged in an   offense relating to an abusable volatile chemical under Section   485.031, 485.032, or 485.033, Health and Safety Code;                       (D)     sold, gave, or delivered to a student or   minor an alcoholic beverage, as defined by Section 1.04, Alcoholic   Beverage Code;                       (E)   illegally transferred, appropriated, or   expended funds or other property of the school district, district   of innovation, charter school, other charter entity, service   center, or shared services arrangement;                       (F)  [ (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 ]                       (G)  [ (E) ]  committed a criminal offense or any   part of a criminal offense on school property or at a   school-sponsored event; or                       (H)  committed a criminal offense:                             (i)  punishable as a felony;                             (ii)  under Chapter 21, Penal Code;                             (iii)  under Section 22.05, Penal Code; or                             (iv)  under Section 37.10, Penal Code;                (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 committed a criminal offense under Section   39.0303 .          SECTION 3.  Section 21.007(b), Education Code, is amended to   read as follows:          (b)  The board shall adopt a procedure for placing a notice   of alleged misconduct on an educator's public certification   records.  The procedure adopted by the board must provide for   immediate placement of a notice of alleged misconduct on an   educator's public certification records if the alleged misconduct   presents a risk to the health, safety, or welfare of a student or   minor , as described by Section 21.006(b)(2)(A), (A-1), (B), (C),   (D), (F), (G), or (H) or as determined by the board.          SECTION 4.  Section 22.092(c), Education Code, is amended to   read as follows:          (c)  The registry maintained under this section must list the   following persons as not eligible to be employed by 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) [ 22.093(c)(1)(A) or (B) ].          SECTION 5.  Sections 22.093(a), (c), (e), and (f), Education   Code, are amended to read as follows:          (a)  In this section :                 (1)  "Abuse" [ , "abuse" ] has the meaning assigned by   Section 261.001, Family Code, and includes any sexual conduct   involving a student or minor.                 (2)     "Neglect" has the meaning assigned by Section   261.001, Family Code.          (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 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:                      (A)  abused , neglected, 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;                       (C)     possessed, transferred, sold, or   distributed:                             (i)     marihuana or a controlled substance, as   defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.   Section 801 et seq.; or                             (ii)     a dangerous drug, as defined by   Chapter 483, Health and Safety Code;                       (D)     while on or within 300 feet of school   property, as measured from any point on the school's real property   boundary line, or while attending a school-sponsored or   school-related activity on or off of school property, engaged in an   offense relating to an abusable volatile chemical under Section   485.031, 485.032, or 485.033, Health and Safety Code;                       (E)     sold, gave, or delivered to a student or   minor an alcoholic beverage, as defined by Section 1.04, Alcoholic   Beverage Code;                       (F)     attempted by fraudulent or unauthorized   means to obtain or alter a professional certificate or license for   the purpose of promotion or additional compensation;                       (G)     committed a criminal offense or any part of a   criminal offense on school property or at a school-sponsored event;   or                       (H)  committed a criminal offense:                             (i)  punishable as a felony;                             (ii)  under Chapter 21, Penal Code;                             (iii)  under Section 22.05, Penal Code; or                             (iv)  under Section 37.10, Penal Code; or                (2)  the employee resigned and there is evidence that   the employee engaged in misconduct described by Subdivision (1).          (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   scho [Text truncated for display. 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