HB5406 - Relating to the creation of the office of inspector general, appointed by the State Board of Education, with jurisdiction to investigate allegations of public school employee misconduct.

      By: Lowe H.B. No. 5406       A BILL TO BE ENTITLED   AN ACT   relating to the creation of the office of inspector general,   appointed by the State Board of Education, with jurisdiction to   investigate allegations of public school employee misconduct.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle D, Title 2, Education Code, is amended   by adding Chapter 22A to read as follows:   CHAPTER 22A. OFFICE OF INSPECTOR GENERAL   SUBCHAPTER A. GENERAL PROVISIONS           Sec.   22A.001.     DEFINITION. In this chapter, "office" means   the office of inspector general established under this chapter.           Sec.   22A.002.     OFFICE OF INSPECTOR GENERAL. (a) The office   of inspector general is established as a division of the State Board   of Education. The office shall operate independently in performing   the office's duties under this chapter, and the board may not   maintain control of or have a vested interest in or exert influence   over the office.           (b)     The board shall appoint an inspector general to serve as   director of the office. The inspector general serves a term of four   years and must be limited to no greater than 12 years total as   inspector general, whether consecutive or non-consecutive. The   inspector general may be removed for cause only by a unanimous vote   of the board. A former inspector general may be employed in the   office in a subordinate role.           (c)     The board shall provide staff and administrative   resources and support services as necessary to ensure that   investigations authorized by this chapter are conducted   expeditiously.   SUBCHAPTER B. POWERS AND DUTIES           Sec.   22A.051.     GENERAL RESPONSIBILITIES. (a) The office is   responsible for the investigation of allegations of public school   employee misconduct described by Section 21.006(b)(2)(A) or (A-1)   or 22.093(c)(1)(A) or (B).           (b)  The office may:                 (1)     receive and investigate allegations of public   school employee misconduct described by Section 21.006(b)(2)(A) or   (A-1) or 22.093(c)(1)(A) or (B);                 (2)     conduct special investigations authorized by the   board under Section 39.003(a); and                 (3)     make findings of fact regarding an allegation   described by Subdivision (1).           (c)     The office shall perform all other duties and exercise   all other powers granted to the office by this chapter or other law.           Sec.   22A.052.     GENERAL POWERS.   (a)   The office has all the   powers necessary or appropriate to carry out its responsibilities   and functions under this chapter and other law.           (b)     Subject to Subsection (c), in conducting an   investigation under this chapter, the office may:                 (1)     attend any meeting or proceeding of a school   district or open-enrollment charter school, including a meeting or   proceeding that is closed to the public, except for a private   consultation of the entity with its attorney permitted under   Section 551.071, Government Code; and                 (2)     inspect the records, documents, and files of a   school district or open-enrollment charter school, including any   record, document, or file that is not subject to public disclosure   under Chapter 552, Government Code, or other law.           (c)     The office's authority under Subsection (b) applies   only to a meeting, a proceeding, or information that is relevant to   the discovery of relevant information regarding an allegation of   public school employee misconduct described by Section   21.006(b)(2)(A) or (A-1) or 22.093(c)(1)(A) or (B).   The office may   not inspect a record, document, or file that is a privileged   communication between an individual and the individual's attorney.           (d)     The inspection or disclosure of a record, document, or   file for purposes of an investigation under this chapter is not a   voluntary disclosure under Section 552.007, Government Code. A   record, document, or file made available to the office for purposes   of an investigation under this chapter is not subject to public   disclosure by the office.           Sec.   22A.053.     SUBPOENAS.   (a)   The inspector general may   issue a subpoena to compel the attendance of a relevant witness at   a hearing or deposition under this chapter or to compel the   production, for inspection or copying, of books, papers, records,   documents, or other relevant materials, including electronic data,   in connection with an investigation, review, hearing, or   deposition conducted under this chapter.           (b)     A subpoena may be served personally or by certified   mail. If a person fails to comply with a subpoena, the inspector   general, acting through the attorney general, may file suit to   enforce the subpoena in a district court in this state.           (c)     On finding that good cause exists for issuing the   subpoena, the court shall order the person to comply with the   subpoena. The court may hold in contempt a person who fails to obey   the court order.           Sec.   22A.054.     COOPERATION WITH LOCAL LAW ENFORCEMENT. The   office may refer matters for further criminal action to an   appropriate local law enforcement agency.           Sec.   22A.055.     CONFIDENTIALITY. (a) Information received by   the office regarding an allegation of misconduct is confidential   and not subject to disclosure under Chapter 552, Government Code.   The office shall maintain the information in a manner that   preserves the information's confidentiality.           (b)     The disclosure of confidential information to the   office under this chapter does not constitute a waiver of   confidentiality. Any information disclosed to the office under   this chapter remains confidential and privileged following   disclosure.           (c)     This section does not prohibit the office from   communicating with the Texas Education Agency, the State Board of   Education, a school district, or an open-enrollment charter school,   regarding confidential information disclosed to the office by the   agency, board, district, or open-enrollment charter school.           Sec.   22A.056.     RETALIATION PROHIBITED.   (a)   The agency, the   board, a school district, or an open-enrollment charter school may   not retaliate against:                 (1)     a parent of a child enrolled in a school district   or open-enrollment charter school who in good faith reports an   allegation of misconduct to the office;                 (2)     a child enrolled in a school district or   open-enrollment charter school whose parent in good faith reports   an allegation of misconduct to the office; or                 (3)     any person, including an employee of the agency,   board, district, or open-enrollment charter school, who in good   faith cooperates with the office in an investigation.           (b)     The office shall collaborate with the board to establish   consequences for a retaliatory action taken in violation of this   section.           Sec.   22A.057.     REPORT. The inspector general shall issue   and file with the board a report that contains the inspector   general's final determinations regarding an allegation of   misconduct and any recommended actions to be taken as a result of   the allegation.          SECTION 2.  Section 39.003(a), Education Code, is amended to   read as follows:          (a)  The commissioner , or inspector general as established   by Chapter 22A, may authorize special investigations to be   conducted:                (1)  when excessive numbers of absences of students   eligible to be tested on state assessment instruments are   determined;                (2)  when excessive numbers of allowable exemptions   from the required state assessment instruments are determined;                (3)  in response to complaints submitted to the State   Board of Education [ agency ] with respect to alleged violations of   civil rights or other requirements imposed on the state by federal   law or court order;                (4)  in response to established compliance reviews of   the district's financial accounting practices and state and federal   program requirements;                (5)  when extraordinary numbers of student placements   in disciplinary alternative education programs, other than   placements under Sections 37.006 and 37.007, are determined;                (6)  in response to an allegation involving a conflict   between members of the school board of trustees or between the State   Board of Education [ board ] the district administration if it   appears that the conflict involves a violation of a role or duty of   the school board members or the administration clearly defined by   this code;                (7)  when excessive numbers of students in special   education programs under Subchapter A, Chapter 29, are assessed   through assessment instruments developed or adopted under Section   39.023(b);                (8)  in response to an allegation regarding or an   analysis using a statistical method result indicating a possible   violation of an assessment instrument security procedure   established under Section 39.0301, including for the purpose of   investigating or auditing a school district under that section;                (9)  when a significant pattern of decreased academic   performance has developed as a result of the promotion in the   preceding two school years of students who did not perform   satisfactorily as determined by the commissioner, or inspector   general as established by Chapter 22A, under Section 39.0241(a) on   assessment instruments administered under Section 39.023(a), (c),   or (l);                (10)  when excessive numbers of students eligible to   enroll fail to complete an Algebra II course or any other advanced   course as determined by the commissioner , or inspector general as   established by Chapter 22A ;                (11)  when resource allocation practices as evaluated   under Section 39.0821 indicate a potential for significant   improvement in resource allocation;                [ (12) when a disproportionate number of students of a   particular demographic group is graduating with a particular   endorsement under Section 28.025(c-1); ]                 (12)  [ (13) ] when an excessive number of students is   graduating with a particular endorsement under Section   28.025(c-1);                 (13)  [ (14) ] in response to a complaint submitted to the   board [ agency ] with respect to alleged inaccurate data that is   reported through the Public Education Information Management   System (PEIMS) or through other reports required by state or   federal law or rule or court order and that is used by the board   [ agency ] to make a determination relating to public school   accountability, including accreditation, under this chapter;                 (14)  [ (15) ] when 10 percent or more of the students   graduating in a particular school year from a particular high   [Text truncated for display. 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