SB877 - Relating to the creation of the office of inspector general at the Texas Education Agency to investigate the administration of public education.

  89R8198 MEW-D     By: Parker S.B. No. 877       A BILL TO BE ENTITLED   AN ACT   relating to the creation of the office of inspector general at the   Texas Education Agency to investigate the administration of public   education.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 7, Education Code, is amended by adding   Subchapter E to read as follows:   SUBCHAPTER E. OFFICE OF INSPECTOR GENERAL           Sec. 7.151.  DEFINITIONS. In this subchapter:                 (1)     "Fraud" means an intentional deception or   misrepresentation made by a person with the knowledge that the   deception could result in some unauthorized benefit to that person   or some other person. The term includes any act that constitutes   fraud under applicable federal or state law.                 (2)     "Local education agency" includes a school   district or county system described by Subchapter G, Chapter 11.                 (3)     "Office" means the office of inspector general   established under this subchapter.           Sec.   7.152.     OFFICE OF INSPECTOR GENERAL. (a)   The office of   inspector general is established as a division within the agency.           (b)     The commissioner shall appoint an inspector general to   serve as director of the office. The inspector general serves until   removed by the commissioner.           (c)     The agency shall provide staff and administrative   resources and support services as necessary to ensure   investigations and reviews authorized by this subchapter are   conducted expeditiously.           Sec.   7.153.     GENERAL RESPONSIBILITIES. (a)   The office is   responsible for the investigation, prevention, and detection of   wrongdoing and of fraud, waste, and abuse in the administration of   public education by school districts, open-enrollment charter   schools, regional education service centers, and other local   education agencies in this state.           (b)     The office may investigate allegations of fraud, waste,   and abuse and violations of this code or other law.           (c)  The office may:                 (1)     conduct civil and administrative investigations   and initiate reviews of a school district, an open-enrollment   charter school, a regional education service center, or another   local education agency as considered appropriate by the inspector   general;                 (2)     receive and investigate complaints from any source   on its own initiative;                 (3)     conduct special investigations authorized by the   commissioner under Section 39.003(a); and                 (4)     make findings of fact that a school district, an   open-enrollment charter school, a regional education service   center, or another local education agency or an employee or agent of   the entity committed an act of wrongdoing, fraud, waste, or abuse in   the administration of public education and take appropriate action   as determined by the commissioner, regardless of any time   requirement relating to the action under Chapter 8, 12, or 39A.           (d)     The commissioner may order the office to conduct a   forensic audit of any entity over which the office has   jurisdiction. The entity for which the audit was ordered shall pay   the costs of the audit.           (e)     The office shall perform all other duties and exercise   all other powers granted to the office by this subchapter or other   law.           Sec.   7.154.     GENERAL POWERS. (a)   The office has all the   powers necessary or appropriate to carry out its responsibilities   and functions under this subchapter and other law.           (b)     Subject to Subsection (c), in conducting an   investigation under this subchapter of the board of trustees of a   school district, the governing body of an open-enrollment charter   school, the board of directors of a regional education service   center, another local education agency, or the executive leadership   of any of those entities, the office may:                 (1)     attend any meeting or proceeding of the school   district, open-enrollment charter school, regional education   service center, or other local education agency, 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 the   school district, open-enrollment charter school, regional   education service center, or other local education agency,   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   wrongdoing or a violation of this code or other law or of fraud,   waste, or abuse in the administration of public education by a   person or entity described by Subsection (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 subchapter 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 subchapter is not subject to public   disclosure by the office.           Sec.   7.155.     SUBPOENAS. (a)   The inspector general may issue   a subpoena to compel the attendance of a relevant witness at a   hearing or deposition under this subchapter 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 subchapter.           (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.   7.156.     COOPERATION WITH OTHER ENTITIES. The office   may refer matters for further civil and administrative action to   appropriate administrative agencies, including the attorney   general.          SECTION 2.  Section 39.003(a), Education Code, is amended to   read as follows:          (a)  The commissioner 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 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 board of trustees or between the board and   the district administration if it appears that the conflict   involves a violation of a role or duty of the 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 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;                (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);                (13)  when an excessive number of students is   graduating with a particular endorsement under Section   28.025(c-1);                (14)  in response to a complaint submitted to the   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 agency to make a determination   relating to public school accountability, including accreditation,   under this chapter;                (15)  when 10 percent or more of the students   graduating in a particular school year from a particular high   school campus are awarded a diploma based on the determination of an   individual graduation committee under Section 28.0258;                (16)  when a school district for any reason fails to   produce, at the request of the agency, evidence or an investigation   report relating to an educator who is under investigation by the   State Board for Educator Certification; [ or ]                (17)   by the office of inspector general for the   purpose of investigating allegations of fraud, waste, and abuse in   the administration of public education; or                 (18)   as the commissioner otherwise determines   necessary.          SECTION 3.  This Act takes effect immediately if it receives   a vote of two-thirds o [Text truncated for display. 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