HB5393 - Relating to the reporting and investigation of misconduct by public and private school employees; creating a criminal offense; providing a civil penalty.

  89R13853 MEW-D     By: Shaheen H.B. No. 5393       A BILL TO BE ENTITLED   AN ACT   relating to the reporting and investigation of misconduct by public   and private school employees; creating a criminal offense;   providing a civil penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1.  SCHOOL EMPLOYEE MISCONDUCT          SECTION 1.01.  Articles 42.018(a) and (b), Code of Criminal   Procedure, are amended to read as follows:          (a)  This article applies only to[ :                [ (1) ]  conviction or deferred adjudication community   supervision granted on the basis of :                 (1)   an offense for which a conviction or grant of   deferred adjudication community supervision requires the defendant   to register as a sex offender under Chapter 62;                (2)   a felony  [ conviction of an ] offense under Title 4,     Title 5, or Title 8,  Penal Code[ , if the victim of the offense was   under 18 years of age at the time the offense was committed ]; or                (3)  [ conviction or deferred adjudication community   supervision granted on the basis of ] an offense under Chapter 43   [ Section 43.24 ], Penal Code.          (b)  Not later than the fifth day after the date a person who   holds a certificate issued under Subchapter B, Chapter 21,   Education Code, or who is employed by a school district or   open-enrollment charter school is convicted or granted deferred   adjudication on the basis of an offense, the clerk of the court in   which the conviction or deferred adjudication is entered shall   provide [ to the State Board for Educator Certification ] written   notice of the person's conviction or deferred adjudication,   including the offense on which the conviction or deferred   adjudication was based , to:                 (1)     the State Board for Educator Certification and the   Texas Education Agency for a person who holds a certificate issued   under Subchapter B, Chapter 21, Education Code; or                 (2)     the Texas Education Agency for a person not   described by Subdivision (1) who is employed by a school district or   open-enrollment charter school .          SECTION 1.02.  Section 21.0585, Education Code, is amended   to read as follows:          Sec. 21.0585.  NOTICE TO AGENCY REGARDING REVOCATION OF   CERTIFICATE OR PERMIT FOR CERTAIN MISCONDUCT.  The board shall , not   later than 24 hours after revocation,  [ promptly ] notify the agency   for purposes of Section 22A.151 [ 22.092 ] if the board revokes a   certificate or permit of a person on a finding that the person   engaged in misconduct described by Section 22A.051(a)(2)(A), (B),   (C), or (D) [ 21.006(b)(2)(A) or (A-1) ].          SECTION 1.03.  Subtitle D, Title 2, Education Code, is   amended by adding Chapter 22A, and a heading is added to that   chapter to read as follows:   CHAPTER 22A.   EMPLOYEE MISCONDUCT          SECTION 1.04.  Chapter 22A, Education Code, as added by this   Act, is amended by adding Subchapter A, and a heading is added to   that subchapter to read as follows:   SUBCHAPTER A.   GENERAL PROVISIONS          SECTION 1.05.  Section 21.006(a), Education Code, is   transferred to Subchapter A, Chapter 22A, Education Code, as added   by this Act, redesignated as Section 22A.001, Education Code, and   amended to read as follows:           Sec. 22A.001.  DEFINITIONS.   [ (a) ]  In this chapter   [ 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)   "Board" means the State Board for Educator   Certification.                 (3)     "Educational entity" means a school district,   district of innovation, open-enrollment charter school, other   charter entity, regional education service center, or shared   services arrangement.                 (4)   "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.          SECTION 1.06.  Chapter 22A, Education Code, as added by this   Act, is amended by adding Subchapter B, and a heading is added to   that subchapter to read as follows:   SUBCHAPTER B.   REQUIRED MISCONDUCT REPORTING          SECTION 1.07.  Sections 21.006(b), (b-1), (b-2), (c), (c-1),   (c-2), (d), (e), (f), (g), (g-1), (h), (i), (j), and (k), Education   Code, are transferred to Subchapter B, Chapter 22A, Education Code,   as added by this Act, redesignated as Section 22A.051, Education   Code, and amended to read as follows:           Sec.   22A.051.     REQUIREMENT TO REPORT MISCONDUCT TO AGENCY.   (a)  [ (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 agency [ State Board for   Educator Certification ] if:                (1)   a person [ 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 person's   [ educator's ] criminal record by a means other than the criminal   history clearinghouse established under Section 411.0845,   Government Code;                (2)   a person's  [ an educator's ] employment at or   contract with 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 person [ educator ]:                      (A)  abused or otherwise committed an unlawful act   with a student or minor , including by:                             (i)     engaging in conduct that causes bodily   injury or serious mental deficiency, impairment, or injury or   constitutes a threat of violence to a student or minor and that is   not justified under Chapter 9, Penal Code ;                             (ii)     engaging in the offense of child   grooming under Section 15.032, Penal Code; or                             (iii)     engaging in sexual advances, requests   for sexual favors or images, or other verbal or physical conduct of   a sexual nature with a student or minor;                       (B)  [ (A-1) ]  was involved in a romantic   relationship with or solicited or engaged in sexual contact with a   student or minor;                       (C)     engaged in a communication with a student or   minor, with intent to arouse or gratify the sexual desire of any   person immediately before, during, or immediately after the   communication, that involved:                             (i)     a message between the person and the   student or minor without:                                   (a)     written consent of the student's   or minor's parent or guardian; or                                   (b)     the inclusion of the student's or   minor's parent or guardian, a school administrator, or the entire   student body of the campus at which the person was employed;                             (ii)     a personal discussion unrelated to   educational needs; or                             (iii)     contact through personal social   media;                       (D)     engaged in a communication with a student or   minor with intent to coerce the student or minor to conceal a   communication described by Paragraph (C) from the student's or   minor's parent or guardian, school administrators, or law   enforcement;                       (E)  [ (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.;                       (F)  [ (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 ];                       (G)  [ (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                       (H)  [ (E) ]  committed a criminal offense or any   part of a criminal offense on school property or at a   school-sponsored event;                (3)   a person employed by or contracting with the   educational entity [ the educator ] resigned or terminated the   contractor's contract, as applicable, and there is evidence that   the person [ educator ] engaged in misconduct described by   Subdivision (2);                 (4)     the superintendent or director becomes aware that   a person employed by or contracting with the educational entity is   alleged to have engaged in misconduct described by Subdivision   (2)(A), (B), (C), or (D); or                 (5)  a person employed by the educational entity [ (4)   the educator ] engaged in conduct that violated the assessment   instrument security procedures established under Section 39.0301.        &#x [Text truncated for display. 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