Bill Summary – FastDemocracy

   
      88(3) HB 122 - Introduced version - Bill Text
      
            88S30275 TSS-D
         
		By:  Smith
            H.B.  No.  122
         
               A BILL TO BE ENTITLED
            
               AN ACT
            
            relating to reports of certain misconduct engaged in by an employee 
         
            of a public school, regional education service center, or shared 
         
            services arrangement and a study by the Texas Education Agency 
         
            regarding employee misconduct reporting mechanisms.
         
                          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                          SECTION  1.    Section 22.092, Education Code, is amended by 
         
            adding Subsection (c-1) to read as follows:
         
                          (c-1)    An employee described by Subsection (c) must be listed 
         
            on the registry maintained under this section regardless of whether 
         
            the employee resigned from the employee's position before the 
         
            completion of an investigation into the alleged misconduct.  
         
                          SECTION  2.    Section 22.095, Education Code, is amended to 
         
            read as follows:
         
                          Sec.  22.095.    INTERNET PORTAL AND TOLL-FREE TELEPHONE 
         
            NUMBER.   (a)  The agency shall develop and maintain an Internet 
         
            portal through which:
         
                                      (1)    a person may confidentially and securely submit a 
         
            report of misconduct engaged in by an employee of a school district, 
         
            district of innovation, open-enrollment charter school, other 
         
            charter entity, regional education service center, or shared 
         
            services arrangement, including a report required under Section 
         
            22.093(f) [may be confidentially and securely filed]; and
         
                                      (2)    the agency makes available:
         
                                                  (A)    the registry of persons who are not eligible 
         
            to be employed in public schools as described by Section 22.092; and
         
                                                  (B)    information indicating that a person is under 
         
            investigation for alleged misconduct in accordance with Section 
         
            22.094(d), provided that the agency must provide the information 
         
            through a procedure other than the registry described under 
         
            Paragraph (A).
         
                          (b)    The agency shall provide a toll-free telephone number at 
         
            which a person may submit a report described by Subsection (a)(1) 
         
            confidentially and securely.
         
                          SECTION  3.    Subchapter C-1, Chapter 22, Education Code, is 
         
            amended by adding Sections 22.097, 22.098, and 22.099 to read as 
         
            follows:
         
                          Sec.  22.097.    CONCEALMENT OF MISCONDUCT.  Notwithstanding 
         
            any other law, if the board of trustees of a school district or the 
         
            governing body of an open-enrollment charter school determines that 
         
            a superintendent, principal, or other district or school employee 
         
            has intentionally or knowingly concealed or delayed the reporting 
         
            of the misconduct of another employee that involves a student, the 
         
            board or governing body shall immediately terminate the employment 
         
            of that superintendent, principal, or other employee.  
         
                          Sec.  22.098.    NOTICE TO PARENT.  As soon as practicable after 
         
            receiving a complaint alleging the misconduct of an employee 
         
            involving a student but not later than the seventh day after the 
         
            date on which the complaint was received, a school district, 
         
            district of innovation, open-enrollment charter school, other 
         
            charter entity, regional education service center, or shared 
         
            services arrangement shall notify the parents of or persons 
         
            standing in parental relation to each student who regularly 
         
            interacts with the employee of the existence and nature of the 
         
            complaint.  
         
                          Sec.  22.099.    STUDY ON EMPLOYEE MISCONDUCT REPORTING 
         
            SYSTEMS.  (a)   The agency shall conduct a study on the registry of 
         
            persons not eligible for employment in public schools under Section 
         
            22.092 and other provisions of this subchapter relating to the 
         
            reporting of employee misconduct. In conducting the study, the 
         
            agency shall:
         
                                      (1)    analyze reports of employee misconduct made in 
         
            school districts, districts of innovation, open-enrollment charter 
         
            schools, other charter entities, regional education service 
         
            centers, and shared services arrangements throughout this state and 
         
            determine for each report:  
         
                                                  (A)    the person who originally reported the 
         
            misconduct;
         
                   &#
Statutes affected: 
Introduced: Education Code 22.092, Education Code 22.095 (Education Code 22)



	A BILL TO BE ENTITLED
	AN ACT
	relating to reports of certain misconduct engaged in by an employee
	of a public school, regional education service center, or shared
	services arrangement and a study by the Texas Education Agency
	regarding employee misconduct reporting mechanisms.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 22.092, Education Code, is amended by
	adding Subsection (c-1) to read as follows:
	(c-1) An employee described by Subsection (c) must be listed
	on the registry maintained under this section regardless of whether
	the employee resigned from the employee's position before the
	completion of an investigation into the alleged misconduct.
	SECTION 2. Section 22.095, Education Code, is amended to
	read as follows:
	Sec. 22.095. INTERNET PORTAL AND TOLL-FREE TELEPHONE
	NUMBER. (a) The agency shall develop and maintain an Internet
	portal through which:
	(1) a person may confidentially and securely submit a
	report of misconduct engaged in by an employee of a school district,
	district of innovation, open-enrollment charter school, other
	charter entity, regional education service center, or shared
	services arrangement, including a report required under Section
	22.093(f) [~~may be confidentially and securely filed~~]; and
	(2) the agency makes available:
	(A) the registry of persons who are not eligible
	to be employed in public schools as described by Section 22.092; and
	(B) information indicating that a person is under
	investigation for alleged misconduct in accordance with Section
	22.094(d), provided that the agency must provide the information
	through a procedure other than the registry described under
	Paragraph (A).
	(b) The agency shall provide a toll-free telephone number at
	which a person may submit a report described by Subsection (a)(1)
	confidentially and securely.
	SECTION 3. Subchapter C-1, Chapter 22, Education Code, is
	amended by adding Sections 22.097, 22.098, and 22.099 to read as
	follows:
	Sec. 22.097. CONCEALMENT OF MISCONDUCT. Notwithstanding
	any other law, if the board of trustees of a school district or the
	governing body of an open-enrollment charter school determines that
	a superintendent, principal, or other district or school employee
	has intentionally or knowingly concealed or delayed the reporting
	of the misconduct of another employee that involves a student, the
	board or governing body shall immediately terminate the employment
	of that superintendent, principal, or other employee.
	Sec. 22.098. NOTICE TO PARENT. As soon as practicable after
	receiving a complaint alleging the misconduct of an employee
	involving a student but not later than the seventh day after the
	date on which the complaint was received, a school district,
	district of innovation, open-enrollment charter school, other
	charter entity, regional education service center, or shared
	services arrangement shall notify the parents of or persons
	standing in parental relation to each student who regularly
	interacts with the employee of the existence and nature of the
	complaint.
	Sec. 22.099. STUDY ON EMPLOYEE MISCONDUCT REPORTING
	SYSTEMS. (a) The agency shall conduct a study on the registry of
	persons not eligible for employment in public schools under Section
	22.092 and other provisions of this subchapter relating to the
	reporting of employee misconduct. In conducting the study, the
	agency shall:
	(1) analyze reports of employee misconduct made in
	school districts, districts of innovation, open-enrollment charter
	schools, other charter entities, regional education service
	centers, and shared services arrangements throughout this state and
	determine for each report:
	(A) the person who originally reported the
	misconduct;
	&# Statutes affected: Introduced: Education Code 22.092, Education Code 22.095 (Education Code 22)