HB4125 - Relating to the requirement that law enforcement agencies notify school districts when a school district employee is under investigation for certain criminal offenses.

      By: Harless H.B. No. 4125       A BILL TO BE ENTITLED   AN ACT   relating to the requirement that law enforcement agencies notify   school districts when a school district employee is under   investigation for certain criminal offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 37, Education Code, is amended by adding   Section 37.089 to read as follows:           Sec.   37.089.     NOTIFICATION OF SCHOOL DISTRICT REGARDING   EMPLOYEE UNDER INVESTIGATION           (a)  DEFINITIONS AND SCOPE. In this section:                 (1)     "Law enforcement agency" means any agency of this   state, or of a county, municipality, or other political subdivision   of this state, that employs peace officers and/or is responsible   for the enforcement of the Texas Penal Code and the investigation of   criminal offenses.                 (2)  "Educational Institution" means:                       (A)     A public school district as defined under the   Texas Education Code;                       (B)     An open-enrollment charter school under   Subchapter D, Chapter 12, Texas Education Code;                       (C)  A private school as defined by Texas law;                       (D)     An accredited academy of any other legally   recognized school entity operating within the state of Texas;                 (3)     "Educational Institution Employee" means an   individual employed by an educational institution as defined in   this section.           (b)     INVESTIGATION NOTIFICATION REQUIREMENT. A law   enforcement agency that initiates an investigation, makes an   arrest, secures an indictment, or formally charges an educational   institution employee for:                 (1)     Any offense under Title 5, Penal Code, if the   alleged victim is a child under 18 years of age or a current student   in an educational institution;                 (2)     Any offense under Chapter 43, Penal Code, if the   alleged victim is a child under 18 years of age or a current student   in an educational institution; or                 (3)     Any felony offense, regardless of the age of the   alleged victim;           Shall notify the chief of police of the educational   institution where the employee is employed or, if the educational   institution does not have a police department, the superintendent,   chief executive officer, or designee of the educational   institution.           If the law enforcement agency determines that no charges will   be filed or the case is dismissed, the agency must notify the   educational institution within two working days to ensure that   administrative decisions are based on updated information.           (c)     NOTIFICATION TIMELINES AND CONTENT. The notification   required under Subsection (b) must include:                 (1)     Oral Notification: The law enforcement agency   shall orally notify the district's superintendent or the chief of   police of the educational institution within 24 hours after the   investigation is initiated or before the next school day, whichever   is earlier; and                 (2)     Written Notification: Within seven days after the   date of the oral notice, the law enforcement agency shall send a   written notification marked "PERSONAL and CONFIDENTIAL" to the   district's superintendent or chief of police.   The written   notification shall include:                       (i)     The nature of the investigation and any   relevant safety concerns;                       (ii)     The name of the individual under   investigation;                       (iii)     The date and time the oral notification was   provided; and                       (iv)     Any non-confidential facts necessary for   school administrators to determine student and staff safety   precautions.           (d)     CONFIDENTIALITY, INVESTIGATION INTEGRITY, AND EVIDENCE   PROTECTION. The notifications listed under Subsection (c) shall   not disclose any confidential information prohibited by law or any   details that could compromise an active investigation, including   specific evidence, witness identities, or investigative   strategies, but shall provide sufficient information for the   educational institution to take any necessary administrative or   safety measures.           Any information received under this section may not be   disclosed to unauthorized individuals.   The district's   superintendent or chief of police may only share this information   with:                 (1)     Law enforcement personnel involved in the   investigation;                 (2)     School administrators with direct responsibility   over the employee under investigation;                 (3)  Legal counsel for the educational institution; and                 (4)     Instructional and support personnel with direct   supervision responsibilities, if required for student safety.           Any unauthorized disclosure of information is subject to   disciplinary action and may be reported to the State Board for   Educator Certification for possible suspension or revocation of the   offending individual's educator certification.           (e)     ONGOING UPDATES. The law enforcement agency shall   provide updates to the superintendent or chief of police as   necessary to ensure ongoing safety within the school environment.           (f)     SCHOOL DISTRICT CONFIDENTIALITY OBLIGATION. An   educational institution receiving notification under this section   shall keep the information confidential and use it only for   purposes necessary to maintain student safety and administrative   compliance. The educational institution and law enforcement   agencies shall cooperate to determine how to maintain student   safety while not compromising the integrity of the criminal   investigation. Upon receiving a notification under this section,   the district's superintendent or chief of police shall immediately   notify all instructional and support personnel responsible for   supervising the employee under investigation if deemed necessary   for student safety. All personnel must keep this information   confidential, and any unauthorized disclosure of this information   shall be subject to disciplinary action as prescribed by state law.           (g)     REPORTING REQUIREMENTS. A law enforcement agency   subject to this section shall submit an annual compliance report to   the Texas Education Agency, detailing:                 (1)  The number of notifications made;                 (2)  The timeliness of notifications;                 (3)  The number of written follow-ups completed; and                 (4)     Any instances of noncompliance and corrective   measures taken.           The Texas Education Agency shall establish a statewide   reporting system to track law enforcement agencies' compliance.   Failure to comply with this section shall be reported to the Texas   Commission on Law Enforcement for further action.           (h)     STATE AGENCY ROLE AND TRANSPARENCY. The Texas Education   Agency shall oversee compliance with this section and may develop   guidelines to assist law enforcement agencies and educational   institutions in meeting notification requirements. The Texas   Education Agency shall also establish a structured communication   protocol to ensure transparency and accountability between law   enforcement agencies and educational institutions.           (i)     TRAINING REQUIREMENTS AND PROACTIVE SAFETY MEASURES.   The Texas Education Agency shall develop and provide training   materials for school administrators regarding the appropriate   handling of notifications received under this section.   The   training shall include:                 (1)     Best practices for maintaining student safety and   administrative compliance;                 (2)     Confidentiality measures to protect investigation   integrity;                 (3)     Coordination protocols between law enforcement   and school districts; and                 (4)     Guidance on placing employees on temporary   administrative leave pending investigation outcomes to mitigate   potential risks to students and staff while not compromising the   integrity of the investigation.          SECTION 2.  This Act takes effect immediately if it receives   a vote of at least two-thirds of all the members elected to each   house, as provided by Section 39, Article III, Texas Constitution.   If this Act does not receive the necessary vote, it takes effect   September 1, 2025.