S.B. No. 2044 seeks to enhance the regulation of political communications within educational institutions by prohibiting electioneering by officials and employees of school districts and open-enrollment charter schools. The bill introduces a three-year ineligibility period for individuals found to have violated electioneering laws, as determined by the State Board for Educator Certification or the commissioner. It establishes a new chapter in the Education Code that defines electioneering, outlines the prohibition's applicability, and mandates reporting of suspected violations within seven days. The commissioner of education is empowered to impose administrative penalties ranging from $500 to $10,000 for violations, and individuals may be added to a registry of those ineligible for employment in public schools.
Additionally, the bill amends the Education Code and Election Code to further regulate educator conduct regarding political activities. It stipulates that if the commissioner determines that a person did not violate Section 22B.003, any related information must be removed from the agency's Internet portal. The bill also allows for leniency towards individuals who acted under the direction of someone in authority without knowledge of the violation. Furthermore, it prohibits school districts and open-enrollment charter schools from contracting with those involved in electioneering and expands the definition of political advertising to include social media communications. The use of public funds for political advocacy by school officials is classified as a Class A misdemeanor, with the changes taking effect immediately upon a two-thirds vote or on September 1, 2025, if not.
Statutes affected: Introduced: Education Code 11.061, Education Code 12.120, Education Code 22.092, Education Code 39.003, Election Code 251.001, Election Code 255.003, Election Code 255.0031, Government Code 572.059 (Education Code 12, Election Code 251, Education Code 39, Election Code 255, Government Code 572, Education Code 11, Education Code 22)
Senate Committee Report: Education Code 11.061, Education Code 12.120, Education Code 22.092, Education Code 39.003, Election Code 251.001, Election Code 255.003, Election Code 255.0031, Government Code 572.059 (Education Code 12, Election Code 251, Education Code 39, Election Code 255, Government Code 572, Education Code 11, Education Code 22)