S.B. No. 2044 seeks to enhance the regulation of political communications within school districts and open-enrollment charter schools by prohibiting electioneering by officials and employees. The bill introduces new provisions that disqualify individuals from serving on the board of trustees or governing body of these institutions if they are found to have violated electioneering laws, as determined by the State Board for Educator Certification or the commissioner. It also establishes a registry for individuals ineligible for employment in public schools due to such violations, with criteria for their eventual removal from this list. Additionally, school district superintendents and charter school directors are required to report any alleged electioneering violations within a week of awareness, with penalties for non-compliance.
The legislation amends the Education Code and Election Code, particularly regarding the commissioner’s authority to investigate and act on violations of Section 22B.003. It stipulates that if a violation is not found, related information must be removed from the agency's Internet portal. The bill also allows for leniency towards individuals who acted under direction from authority without knowledge of the violation. Furthermore, it prohibits contracts with individuals or entities involved in electioneering and expands the definition of political advertising to include social media communications. The bill ensures that public funds cannot be used for political advocacy and clarifies that the new regulations apply only to conduct occurring after its effective date.
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 39, Election Code 255, Government Code 572, Education Code 12, Education Code 11, Education Code 22, Election Code 251)
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 39, Election Code 255, Government Code 572, Education Code 12, Education Code 11, Education Code 22, Election Code 251)