89R13853 MEW-D
	By: Shaheen	H.B. No. 5393

	A BILL TO BE ENTITLED
	AN ACT
	relating to the reporting and investigation of misconduct by public
	and private school employees; creating a criminal offense;
	providing a civil penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	ARTICLE 1.  SCHOOL EMPLOYEE MISCONDUCT
	SECTION 1.01.  Articles 42.018(a) and (b), Code of Criminal
	Procedure, are amended to read as follows:
	(a)  This article applies only to[:
	[(1)]  conviction or deferred adjudication community
	supervision granted on the basis of:
	(1)  an offense for which a conviction or grant of
	deferred adjudication community supervision requires the defendant
	to register as a sex offender under Chapter 62;
	(2)  a felony [conviction of an] offense under Title 4,
	Title 5, or Title 8, Penal Code[, if the victim of the offense was
	under 18 years of age at the time the offense was committed]; or
	(3)  [conviction or deferred adjudication community
	supervision granted on the basis of] an offense under Chapter 43
	[Section 43.24], Penal Code.
	(b)  Not later than the fifth day after the date a person who
	holds a certificate issued under Subchapter B, Chapter 21,
	Education Code, or who is employed by a school district or
	open-enrollment charter school is convicted or granted deferred
	adjudication on the basis of an offense, the clerk of the court in
	which the conviction or deferred adjudication is entered shall
	provide [to the State Board for Educator Certification] written
	notice of the person's conviction or deferred adjudication,
	including the offense on which the conviction or deferred
	adjudication was based, to:
	(1)  the State Board for Educator Certification and the
	Texas Education Agency for a person who holds a certificate issued
	under Subchapter B, Chapter 21, Education Code; or
	(2)  the Texas Education Agency for a person not
	described by Subdivision (1) who is employed by a school district or
	open-enrollment charter school.
	SECTION 1.02.  Section 21.0585, Education Code, is amended
	to read as follows:
	Sec. 21.0585.  NOTICE TO AGENCY REGARDING REVOCATION OF
	CERTIFICATE OR PERMIT FOR CERTAIN MISCONDUCT.  The board shall, not
	later than 24 hours after revocation, [promptly] notify the agency
	for purposes of Section 22A.151 [22.092] if the board revokes a
	certificate or permit of a person on a finding that the person
	engaged in misconduct described by Section 22A.051(a)(2)(A), (B),
	(C), or (D) [21.006(b)(2)(A) or (A-1)].
	SECTION 1.03.  Subtitle D, Title 2, Education Code, is
	amended by adding Chapter 22A, and a heading is added to that
	chapter to read as follows:
	CHAPTER 22A.  EMPLOYEE MISCONDUCT
	SECTION 1.04.  Chapter 22A, Education Code, as added by this
	Act, is amended by adding Subchapter A, and a heading is added to
	that subchapter to read as follows:
	SUBCHAPTER A.  GENERAL PROVISIONS
	SECTION 1.05.  Section 21.006(a), Education Code, is
	transferred to Subchapter A, Chapter 22A, Education Code, as added
	by this Act, redesignated as Section 22A.001, Education Code, and
	amended to read as follows:
	Sec. 22A.001.  DEFINITIONS.  [(a)]  In this chapter
	[section]:
	(1)  "Abuse" has the meaning assigned by Section
	261.001, Family Code, and includes any sexual conduct involving [an
	educator and] a student or minor.
	(2)  "Board" means the State Board for Educator
	Certification.
	(3)  "Educational entity" means a school district,
	district of innovation, open-enrollment charter school, other
	charter entity, regional education service center, or shared
	services arrangement.
	(4)  "Other charter entity" means:
	(A)  a school district operating under a home-rule
	school district charter adopted under Subchapter B, Chapter 12;
	(B)  a campus or campus program operating under a
	charter granted under Subchapter C, Chapter 12; and
	(C)  an entity that contracts to partner with a
	school district under Section 11.174(a)(2) to operate a district
	campus under a charter granted to the entity by the district under
	Subchapter C, Chapter 12.
	SECTION 1.06.  Chapter 22A, Education Code, as added by this
	Act, is amended by adding Subchapter B, and a heading is added to
	that subchapter to read as follows:
	SUBCHAPTER B.  REQUIRED MISCONDUCT REPORTING
	SECTION 1.07.  Sections 21.006(b), (b-1), (b-2), (c), (c-1),
	(c-2), (d), (e), (f), (g), (g-1), (h), (i), (j), and (k), Education
	Code, are transferred to Subchapter B, Chapter 22A, Education Code,
	as added by this Act, redesignated as Section 22A.051, Education
	Code, and amended to read as follows:
	Sec. 22A.051.  REQUIREMENT TO REPORT MISCONDUCT TO AGENCY.
	(a) [(b)]  In addition to the reporting requirement under Section
	261.101, Family Code, [and except as provided by Subsection (c-2),]
	the superintendent or director of an educational entity [a school
	district, district of innovation, open-enrollment charter school,
	other charter entity, regional education service center, or shared
	services arrangement] shall notify the agency [State Board for
	Educator Certification] if:
	(1)  a person [an educator] employed by or seeking
	employment by the educational entity [school district, district of
	innovation, charter school, other charter entity, service center,
	or shared services arrangement] has a criminal record and the
	educational entity [school district, district of innovation,
	charter school, other charter entity, service center, or shared
	services arrangement] obtained information about the person's
	[educator's] criminal record by a means other than the criminal
	history clearinghouse established under Section 411.0845,
	Government Code;
	(2)  a person's [an educator's] employment at or
	contract with the educational entity [school district, district of
	innovation, charter school, other charter entity, service center,
	or shared services arrangement] was terminated and there is
	evidence that the person [educator]:
	(A)  abused or otherwise committed an unlawful act
	with a student or minor, including by:
	(i)  engaging in conduct that causes bodily
	injury or serious mental deficiency, impairment, or injury or
	constitutes a threat of violence to a student or minor and that is
	not justified under Chapter 9, Penal Code;
	(ii)  engaging in the offense of child
	grooming under Section 15.032, Penal Code; or
	(iii)  engaging in sexual advances, requests
	for sexual favors or images, or other verbal or physical conduct of
	a sexual nature with a student or minor;
	(B) [(A-1)]  was involved in a romantic
	relationship with or solicited or engaged in sexual contact with a
	student or minor;
	(C)  engaged in a communication with a student or
	minor, with intent to arouse or gratify the sexual desire of any
	person immediately before, during, or immediately after the
	communication, that involved:
	(i)  a message between the person and the
	student or minor without:
	(a)  written consent of the student's
	or minor's parent or guardian; or
	(b)  the inclusion of the student's or
	minor's parent or guardian, a school administrator, or the entire
	student body of the campus at which the person was employed;
	(ii)  a personal discussion unrelated to
	educational needs; or
	(iii)  contact through personal social
	media;
	(D)  engaged in a communication with a student or
	minor with intent to coerce the student or minor to conceal a
	communication described by Paragraph (C) from the student's or
	minor's parent or guardian, school administrators, or law
	enforcement;
	(E) [(B)]  possessed, transferred, sold, or
	distributed a controlled substance, as defined by Chapter 481,
	Health and Safety Code, or by 21 U.S.C. Section 801 et seq.;
	(F) [(C)]  illegally transferred, appropriated,
	or expended funds or other property of the educational entity
	[school district, district of innovation, charter school, other
	charter entity, service center, or shared services arrangement];
	(G) [(D)]  attempted by fraudulent or
	unauthorized means to obtain or alter a professional certificate or
	license for the purpose of promotion or additional compensation; or
	(H) [(E)]  committed a criminal offense or any
	part of a criminal offense on school property or at a
	school-sponsored event;
	(3)  a person employed by or contracting with the
	educational entity [the educator] resigned or terminated the
	contractor's contract, as applicable, and there is evidence that
	the person [educator] engaged in misconduct described by
	Subdivision (2);
	(4)  the superintendent or director becomes aware that
	a person employed by or contracting with the educational entity is
	alleged to have engaged in misconduct described by Subdivision
	(2)(A), (B), (C), or (D); or
	(5)  a person employed by the educational entity [(4)
	the educator] engaged in conduct that violated the assessment
	instrument security procedures established under Section 39.0301.
	(b) [(b-1)]  A superintendent or director of an educational
	entity [a school district, district of innovation, open-enrollment
	charter school, other charter entity, regional education service
	center, or shared services arrangement] shall complete an
	investigation of a person [an educator] that involves evidence that
	the person [educator] may have engaged in misconduct described by
	Subsection (a)(2)(A), (B), (C), or (D) [(b)(2)(A) or (A-1)],
	despite the person's [educator's] resignation from employment
	before completion of the investigation.
	(c) [(b-2)]  The principal of a school district, district of
	innovation, open-enrollment charter school, or other charter
	entity campus must notify the superintendent or director of the
	[school] district, [district of innovation, charter] school, or
	[other charter] entity not later than 48 hours [the seventh
	business day] after [the date]:
	(1)  a person's [of an educator's] termination of
	employment or resignation or termination of a contractor's contract
	following an alleged incident of misconduct described by Subsection
	(a) [(b)]; [or]
	(2)  the principal knew about a person's [an
	educator's] criminal record under Subsection (a)(1); or
	(3)  the principal becomes aware of an allegation of
	misconduct described by Subsection (a)(2)(A), (B), (C), or (D)
	[(b)(1)].
	(d)  The [(c)  Except as provided by Subsection (c-2), the]
	superintendent or director must notify the agency [State Board for
	Educator Certification] by filing a report with the agency [board]
	not later than 48 hours [the seventh business day] after [the date]
	the superintendent or director:
	(1)  receives notice [a report] from a principal under
	Subsection (c);
	(2)  [(b-2) or] knew about a person's [an educator's]
	termination of employment or resignation or termination of a
	contractor's contract following an alleged incident of misconduct
	described by Subsection (a) [(b)] or a person's [an employee's]
	criminal record under Subsection (a)(1); or
	(3)  became aware of an allegation of misconduct
	described by Subsection (a)(2)(A), (B), (C), or (D) [(b)(1)].
	(e) [(c-1)]  The report under Subsection (d) [(c):
	[(1)]  must be[:
	[(A)  in writing; and
	[(B)  in a form prescribed by the board; and
	[(2)  may be] filed through the Internet portal
	developed and maintained by the agency [State Board for Educator
	Certification] under Section 22A.152 [Subsection (g-1)].
	(f)  [(c-2)  A superintendent or director of a school
	district, district of innovation, open-enrollment charter school,
	regional education service center, or shared services arrangement
	is not required to notify the State Board for Educator
	Certification or file a report with the board under Subsection (b)
	or (c) if the superintendent or director:
	[(1)  completes an investigation into an educator's
	alleged incident of misconduct described by Subsection (b)(2)(A) or
	(A-1) before the educator's termination of employment or
	resignation; and
	[(2) determines the educator did not engage in the
	alleged incident of misconduct described by Subsection (b)(2)(A) or
	(A-1).
	[(d)]  The superintendent or director shall provide to
	[notify] the board of trustees or governing body of the educational
	entity [school district, open-enrollment charter school, other
	charter entity, regional education service center, or shared
	services arrangement] and the person a copy [educator of the
	filing] of the report filed under [required by] Subsection (d)
	[(c)].
	(g) [(e)]  A superintendent, director, or principal of an
	educational entity [a school district, district of innovation,
	open-enrollment charter school, other charter entity, regional
	education service center, or shared services arrangement] who in
	good faith and while acting in an official capacity files a report
	with the agency [State Board for Educator Certification] under this
	section or communicates with another superintendent, director, or
	principal concerning a person's [an educator's] criminal record or
	alleged incident of misconduct is immune from civil or criminal
	liability that might otherwise be incurred or imposed.
	(h) [(f)]  The board [State Board for Educator
	Certification] shall determine whether to impose sanctions,
	including an administrative penalty under Subsection (k) [(i)],
	against a principal who fails to provide notification to a
	superintendent or director in violation of Subsection (c) [(b-2)]
	or against a superintendent or director who fails to file a report
	in violation of Subsection (d) [(c)].
	(i) [(g)]  The commissioner shall adopt and the board [State
	Board for Educator Certification] shall propose rules as necessary
	to implement this section.  In adopting rules to implement this
	section, the commissioner shall adopt rules that provide for
	transparency measures.
	(j)  [(g-1)  The State Board for Educator Certification
	shall develop and maintain an Internet portal through which a
	report required under Subsection (c) may be confidentially and
	securely filed.
	[(h)]  The name of a student or minor who is the victim of
	abuse or unlawful conduct by a person described by Subsection (a)
	[an educator] must be included in a report filed under this section,
	but the name of the student or minor is not public information under
	Chapter 552, Government Code.
	(k) [(i)]  If an educator serving as a superintendent or
	director is required to file a report under Subsection (d) [(c)] and
	fails to file the report by the date required by that subsection, or
	if an educator serving as a principal is required to notify a
	superintendent or director about an educator's criminal record or
	alleged incident of misconduct under Subsection (c) [(b-2)] and
	fails to provide the notice by the date required by that subsection,
	the board [State Board for Educator Certification] may impose on
	the educator an administrative penalty of not less than $500 and not
	more than $10,000.  The board [State Board for Educator
	Certification] may not renew the certification of an educator
	against whom an administrative penalty is imposed under this
	subsection until the penalty is paid.
	(l) [(j)]  A superintendent or director required to file a
	report under Subsection (d) [(c)] commits an offense if the
	superintendent or director fails to file the report by the date
	required by that subsection [with intent to conceal an educator's
	criminal record or alleged incident of misconduct].  A principal
	required to notify a superintendent or director about a person's
	[an educator's] criminal record or alleged incident of misconduct
	under Subsection (c) [(b-2)] commits an offense if the principal
	fails to provide the notice by the date required by that subsection
	[with intent to conceal an educator's criminal record or alleged
	incident of misconduct].  An offense under this subsection is a
	state jail felony.
	(m) [(k)]  The commissioner shall periodically, randomly, or
	on request by a member of the legislature conduct site visits and
	[may] review the records of an educational entity [a school
	district, district of innovation, open-enrollment charter school,
	other charter entity, regional education service center, or shared
	services arrangement] to ensure compliance with the requirement to
	report misconduct under this section.
	SECTION 1.08.  (a) This section takes effect only if H.B.
	1025, 89th Legislature, Regular Session, 2025, becomes law.
	(b)  Section 22A.051, Education Code, as added by this Act,
	is amended by adding Subsection (d-1) to read as follows:
	(d-1)  Not later than 24 hours after receiving a report under
	Subsection (d), the agency shall notify the division of inspector
	general established under Subchapter E, Chapter 7, and the division
	of inspector general shall conduct an investigation into the
	allegation of misconduct in accordance with that subchapter.
	SECTION 1.09.  Subchapter B, Chapter 22A, Education Code, as
	added by this Act, is amended by adding Sections 22A.052 and 22A.053
	to read as follows:
	Sec. 22A.052.  CONCEALMENT OF MISCONDUCT. (a)
	Notwithstanding any other law, if the board of trustees of a school
	district or the governing body of an open-enrollment charter school
	or other charter entity determines that a superintendent,
	principal, or other district or school employee intentionally or
	knowingly concealed or delayed the reporting of a person's
	misconduct described by Section 22A.051(a)(2)(A), (B), (C), or (D),
	the board or governing body shall immediately terminate the
	employment of that superintendent, principal, or other employee.
	(b)  The board of trustees of a school district or the
	governing body of an open-enrollment charter school or other
	charter entity must include in the employment contract of a person
	who is required to report misconduct under Section 22A.051 a
	provision that the person's employment will be terminated if the
	person engages in conduct described by Subsection (a).
	Sec. 22A.053.  REQUIREMENT TO REPORT MISCONDUCT TO LAW
	ENFORCEMENT; OFFENSE.  (a)  Not later than 48 hours after the
	superintendent or director of an educational entity becomes aware
	that an employee of or contractor with the entity is alleged to have
	engaged in conduct described by Section 22A.051(a)(2)(A), (B), (C),
	or (D), the superintendent or director shall report the allegation
	and provide any evidence possessed by the superintendent or
	director regarding the allegation to the appropriate local law
	enforcement agency and prosecuting attorney.
	(b)  For purposes of making a report under Subsection (a), an
	appropriate local law enforcement agency does not include a police
	department operated by the educational entity.
	(c)  A superintendent or director described by Subsection
	(a) commits an offense if the superintendent or director, with
	intent to conceal a person's conduct, fails to make the report or
	provide evidence as required by Subsection (a).  An offense under
	this subsection is a state jail felony.
	(d)  If conduct that constitutes an offense under this
	section also constitutes an offense under Section 261.109, Family
	Code, the actor may be prosecuted only under this section.
	SECTION 1.10.  Section 21.0061, Education Code, is
	transferred to Subchapter B, Chapter 22A, Education Code, as added
	by this Act, redesignated as Section 22A.054, Education Code, and
	amended to read as follows:
	Sec. 22A.054 [21.0061].  NOTICE [TO PARENT OR GUARDIAN]
	ABOUT [EDUCATOR] MISCONDUCT; CIVIL PENALTY. (a)  As soon as
	practicable but not later than 24 hours after becoming aware that an
	employee or contractor is alleged to have engaged in misconduct
	described by Section 22A.051(a)(2)(A), (B), (C), or (D), the [The]
	board of trustees or governing body of an educational entity [a
	school district, district of innovation, open-enrollment charter
	school, other charter entity, regional education service center, or
	shared services arrangement] shall provide [adopt a policy under
	which] notice [is provided] to:
	(1)  the parent or guardian of a student with whom the
	person [an educator] is alleged to have engaged in the misconduct
	[described by Section 21.006(b)(2)(A) or (A-1)] informing the
	parent or guardian:
	(A) [(1)]  that the alleged misconduct occurred;
	(B) [(2)]  whether the person [educator] was
	terminated following an investigation of the alleged misconduct or
	resigned before completion of the investigation; and
	(C) [(3)]  whether a report was submitted to the
	agency [State Board for Educator Certification] concerning the
	alleged misconduct; and
	(2)  students and staff who were potentially impacted
	by the misconduct regarding guidance, resources, and contact
	information for a person to whom students or staff may provide
	information regarding the misconduct.
	(b)  The board of trustees or governing body of an
	educational entity is liable to the state for a civil penalty in an
	amount of $1,000 for each day in which the board or governing body
	is not in compliance with Subsection (a).  The board or governing
	body must publicly disclose the penalty amount and the reason for
	the penalty at the board's or governing body's next meeting.  [The
	policy required by this section must require that information
	specified by Subsection (a)(1) be provided as soon as feasible
	after the employing entity becomes aware that alleged misconduct
	may have occurred.
	[(c)  In this section, "other charter entity" has the meaning
	assigned by Section 21.006.]
	SECTION 1.11.  Sections 21.007 and 21.009, Education Code,
	are transferred to Subchapter B, Chapter 22A, Education Code, as
	added by this Act, redesignated as Sections 22A.055 and 22A.056,
	Education Code, and amended to read as follows:
	Sec. 22A.055 [21.007].  NOTICE ON CERTIFICATION RECORD OF
	ALLEGED MISCONDUCT.  (a)  [In this section, "board" means the State
	Board for Educator Certification.
	[(b)]  The board shall adopt a procedure for placing a notice
	of alleged misconduct on an educator's public certification
	records.  The procedure adopted by the board must provide for
	immediate placement of a notice of alleged misconduct on an
	educator's public certification records if the alleged misconduct
	presents a risk to the health, safety, or welfare of a student or
	minor [as determined by the board].
	(b) [(c)]  The board must notify an educator in writing when
	placing a notice of an alleged incident of misconduct on the public
	certification records of the educator.
	(c) [(d)]  The board must provide an opportunity for an
	educator to show cause why the notice should not be placed on the
	educator's public certification records.  The board shall propose
	rules establishing the length of time that a notice may remain on
	the educator's public certification records before the board must:
	(1)  initiate a proceeding to impose a sanction on the
	educator on the basis of the alleged misconduct; or
	(2)  remove the notice from the educator's public
	certification records.
	(d) [(e)]  If it is determined that the educator has not
	engaged in the alleged incident of misconduct, the board shall
	immediately remove the notice from the educator's public
	certification records.
	(e) [(f)]  The board shall propose rules necessary to
	administer this section.
	Sec. 22A.056 [21.009].  PRE-EMPLOYMENT AFFIDAVIT.  (a)  An
	applicant for employment with an educational entity, or an
	applicant for a position described by Section 21.003(a) or (b) with
	a [school district, district of innovation, open-enrollment
	charter school,] private school, [regional education service
	center, or shared services arrangement] must submit, using a form
	adopted by the agency, a pre-employment affidavit disclosing
	whether the applicant has ever been charged with, adjudicated for,
	or convicted of an offense involving misconduct described by
	Section 22A.051(a)(2) [having an inappropriate relationship with a
	minor].
	(b)  An applicant who answers affirmatively concerning an
	offense involving misconduct described by Section 22A.051(a)(2)
	[inappropriate relationship with a minor] must disclose in the
	affidavit all relevant facts pertaining to the charge,
	adjudication, or conviction, including, for a charge, whether the
	charge was determined to be true or false.
	(c)  An applicant is not precluded from being employed based
	on a disclosed charge if the employing entity determines based on
	the information disclosed in the affidavit that the charge was
	false.
	(d)  On determining [A determination] that an employee
	failed to disclose information required to be disclosed by an
	applicant under this section, the educational entity or private
	school at which the employee is employed shall terminate the
	employee's [is grounds for termination of] employment.
	(e)  The board [State Board for Educator Certification] may
	revoke the certificate of an administrator if the board determines
	it is reasonable to believe that the administrator employed an
	applicant [for a position] described by Subsection (a) [Section
	21.003(a) or (b)] despite being aware that the applicant had been
	adjudicated for or convicted of having an inappropriate
	relationship with a minor.
	SECTION 1.12.  Chapter 22A, Education Code, as added by this
	Act, is amended by adding Subchapter C, and a heading is added to
	that subchapter to read as follows:
	SUBCHAPTER C.  INVESTIGATION OF MISCONDUCT
	SECTION 1.13.  Section 22.094, Education Code, is
	transferred to Subchapter C, Chapter 22A, Education Code, as added
	by this Act, redesignated as Section 22A.101, Education Code, and
	amended to read as follows:
	Sec. 22A.101 [22.094].  NOTICE OF ALLEGED MISCONDUCT;
	INVESTIGATION; HEARING.  (a)  A person who is employed by or
	contracting with an educational entity, who does not hold a
	certification or permit issued under Subchapter B, Chapter 21,
	[described by Section 22.093(b)] and who is the subject of a report
	that alleges misconduct described by Section 22A.051(a)(2)(A),
	(B), (C), or (D) [22.093(c)(1)(A) or (B)] or who is identified as
	having engaged in that misconduct using the interagency reportable
	conduct search engine established under Chapter 810, Health and
	Safety Code, is entitled to a hearing on the merits of the
	allegations of misconduct under the procedures provided by Chapter
	2001, Government Code, to contest the allegation in the report or
	search engine.
	(b)  On receiving a report filed under Section 22A.051(d)
	[22.093(f)] or making an identification described by Subsection (a)
	regarding a person described by Subsection (a), the commissioner
	shall promptly send to the person who is the subject of the report
	or identification a notice that includes:
	(1)  a statement informing the person that the person
	must request a hearing on the merits of the allegations of
	misconduct within the period provided by Subsection (c);
	(2)  a request that the person submit a written
	response within the period provided by Subsection (c) to show cause
	why the commissioner should not pursue an investigation; and
	(3)  a statement informing the person that if the
	person does not timely submit a written response to show cause as
	provided by Subdivision (2), the agency shall provide information
	indicating the person is under investigation in the manner provided
	by Subsection (d).
	(c)  A person entitled to a hearing under Subsection (a) must
	request a hearing and submit a written response to show cause not
	later than the 10th day after the date the person receives the
	notice from the commissioner provided under Subsection (b).
	(d)  If a person who receives notice provided under
	Subsection (b) does not timely submit a written response to show
	cause why the commissioner should not pursue an investigation, the
	commissioner shall instruct the agency to make available through
	the Internet portal developed and maintained by the agency under
	Section 22A.152 [22.095] information indicating that the person is
	under investigation for alleged misconduct.
	(e)  If a person entitled to a hearing under Subsection (a)
	does not request a hearing as provided by Subsection (c), the
	commissioner shall:
	(1)  based on the report filed under Section 22A.051(d)
	[22.093(f)] or the identification described by Subsection (a), make
	a determination whether the person engaged in misconduct; and
	(2)  if the commissioner determines that the person
	engaged in misconduct described by Section 22A.051(a)(2)(A), (B),
	(C), or (D) [22.093(c)(1)(A) or (B)], instruct the agency to add the
	person's name to the registry maintained under Section 22A.151
	[22.092].
	(f)  If a person entitled to a hearing under Subsection (a)
	requests a hearing as provided by Subsection (c) and the final
	decision in that hearing determines that the person engaged in
	misconduct described by Section 22A.051(a)(2)(A), (B), (C), or (D)
	[22.093(c)(1)(A) or (B)], the commissioner shall instruct the
	agency to add the person's name to the registry maintained under
	Section 22A.151 [22.092].
	(g)  If a person entitled to a hearing under Subsection (a)
	requests a hearing as provided by Subsection (c) and the final
	decision in that hearing determines that the person did not engage
	in misconduct described by Section 22A.051(a)(2)(A), (B), (C), or
	(D) [22.093(c)(1)(A) or (B)], the commissioner shall instruct the
	agency to immediately remove from the Internet portal developed and
	maintained by the agency under Section 22A.152 [22.095] the
	information indicating that the person is under investigation for
	alleged misconduct.
	(h)  The commissioner shall adopt rules as necessary to
	implement this section.
	SECTION 1.14.  Section 21.062, Education Code, is
	transferred to Subchapter C, Chapter 22A, Education Code, as added
	by this Act, redesignated as Section 22A.102, Education Code, and
	amended to read as follows:
	Sec. 22A.102 [21.062].  ISSUANCE OF SUBPOENAS.  (a)  During
	an investigation by the commissioner of an educator or person who is
	employed by or contracting with an educational entity for an
	alleged incident of misconduct, the commissioner may issue a
	subpoena to compel:
	(1)  the attendance of a relevant witness; or
	(2)  the production, for inspection or copying, of
	relevant evidence that is located in this state.
	(b)  A subpoena may be served personally or by certified
	mail.
	(c)  If a person fails to comply with a subpoena, the
	commissioner, acting through the attorney general, may file suit to
	enforce the subpoena in a district court in this state.  On finding
	that good cause exists for issuing the subpoena, the court shall
	order the person to comply with the subpoena.  The court may punish
	a person who fails to obey the court order.
	(d)  All information and materials subpoenaed or compiled in
	connection with an investigation described by Subsection (a) are
	confidential and not subject to disclosure under Chapter 552,
	Government Code.
	(e)  Except as provided by a protective order, and
	notwithstanding Subsection (d), all information and materials
	subpoenaed or compiled in connection with an investigation
	described by Subsection (a) may be used in a disciplinary
	proceeding against a person [an educator] based on an alleged
	incident of misconduct.
	SECTION 1.15.  Subchapter C, Chapter 22A, Education Code, as
	added by this Act, is amended by adding Section 22A.103 to read as
	follows:
	Sec. 22A.103.  MANDATORY TERMINATION OR REVOCATION OF
	CERTIFICATE OF EMPLOYEE WHO ATTEMPTS TO RESIGN OR SURRENDER
	CERTIFICATE PENDING INVESTIGATION. (a)  If a person employed by an
	educational entity attempts to resign while the educational entity
	is investigating an allegation that the person engaged in
	misconduct described by Section 22A.051(a)(2)(A), (B), (C), or (D),
	the educational entity:
	(1)  may not accept the person's resignation;
	(2)  shall terminate the person's employment; and
	(3)  shall complete the investigation.
	(b)  If a person issued a certificate under Subchapter B,
	Chapter 21, attempts to surrender the certificate while the board
	is investigating an allegation that the person engaged in
	misconduct described by Section 22A.051(a)(2)(A), (B), (C), or (D),
	the board:
	(1)  may not accept the surrender;
	(2)  shall revoke the certificate; and
	(3)  shall complete the investigation.
	(c)  The termination of a person's employment or revocation
	of a person's certificate under this section does not preclude an
	educational entity or the board from completing an investigation of
	an allegation that the person engaged in misconduct described by
	Section 22A.051(a)(2)(A), (B), (C), or (D) or the board from
	imposing penalties on the person if the board determines that the
	person engaged in the misconduct.
	SECTION 1.16.  Chapter 22A, Education Code, as added by this
	Act, is amended by adding Subchapter D, and a heading is added to
	that subchapter to read as follows:
	SUBCHAPTER D.  PERSONS NOT ELIGIBLE FOR EMPLOYMENT OR VOLUNTEERING
	SECTION 1.17.  Section 22.092, Education Code, is
	transferred to Subchapter D, Chapter 22A, Education Code, as added
	by this Act, redesignated as Section 22A.151, Education Code, and
	amended to read as follows:
	Sec. 22A.151 [22.092].  REGISTRY OF PERSONS NOT ELIGIBLE FOR
	EMPLOYMENT OR VOLUNTEERING IN PUBLIC SCHOOLS.  (a)  The agency shall
	maintain and make available through the Internet portal developed
	and maintained by the agency under Section 22A.152 [22.095] a
	registry of persons who are not eligible to be employed by or
	volunteer at an educational entity [a school district, district of
	innovation, open-enrollment charter school, other charter entity,
	regional education service center, or shared services
	arrangement].
	(b)  An educational entity [A school district, district of
	innovation, open-enrollment charter school, other charter entity,
	regional education service center, or shared services arrangement]
	shall discharge or refuse to hire, or terminate or refuse to accept
	volunteer services from, a person listed on the registry maintained
	under this section.
	(c)  A contractor who provides services to an educational
	entity may not assign duties at the entity to a person listed on the
	registry maintained under this section.
	(d)  The registry maintained under this section must list the
	following persons as not eligible to be employed by or volunteer at
	public schools:
	(1)  a person determined by the agency under Section
	22.0832 as a person who would not be eligible for educator
	certification under Subchapter B, Chapter 21;
	(2)  a person determined by the agency to be not
	eligible for employment based on the person's criminal history
	record information review, as provided by Section 22.0833;
	(3)  a person who is not eligible for employment based
	on criminal history record information received by the agency under
	Section 22A.154(b) [21.058(b)];
	(4)  a person whose certification or permit, or
	application for a certification or permit, issued under Subchapter
	B, Chapter 21, is denied or revoked by the board [State Board for
	Educator Certification on a finding that the person engaged in
	misconduct described by Section 21.006(b)(2)(A) or (A-1)]; [and]
	(5)  a person whose certification or permit issued
	under Subchapter B, Chapter 21, is suspended by the board for a
	reason other than under Section 21.105(c), 21.160(c), or 21.210(c)
	for the period of the suspension;
	(6)  a person who is determined by the commissioner
	under Section 22A.101 [22.094] to have engaged in misconduct
	described by Section 22A.051(a)(2)(A), (B), (C), or (D)
	[22.093(c)(1)(A) or (B)]; and
	(7)  a person for whom the agency receives notice under
	Article 42.018, Code of Criminal Procedure.
	(e)  A person described by Subsection (d) must be listed on
	the registry maintained under this section regardless of whether
	the person resigned from the person's position before the
	completion of an investigation into the alleged misconduct.
	(f) [(d)]  The agency shall provide equivalent access to the
	registry maintained under this section to:
	(1)  private schools;
	(2)  public schools; [and]
	(3)  nonprofit teacher organizations approved by the
	commissioner for the purpose of participating in the tutoring
	program established under Section 33.913; and
	(4)  contractors who provide services to an educational
	entity.
	(g) [(e)]  The commissioner [agency] shall adopt rules as
	necessary to implement this section, including rules that provide
	for transparency measures.
	SECTION 1.18.  Sections 22.095 and 22.096, Education Code,
	are transferred to Subchapter D, Chapter 22A, Education Code, as
	added by this Act, redesignated as Sections 22A.152 and 22A.153,
	Education Code, and amended to read as follows:
	Sec. 22A.152 [22.095].  INTERNET PORTAL.  (a)  The agency
	shall develop and maintain an Internet portal through which:
	(1)  a report required under Section 22A.051(d)
	[22.093(f)] may be confidentially and securely filed; [and]
	(2)  the agency provides:
	(A)  electronic confirmation to the person filing
	a report under Subdivision (1) that the report has been received;
	and
	(B)  notice to the parent or guardian of a student
	or minor involved in an allegation of misconduct included in the
	report that the report has been submitted; and
	(3)  the agency makes available:
	(A)  the registry of persons who are not eligible
	to be employed in public schools as described by Section 22A.151
	[22.092]; and
	(B)  information indicating that a person is under
	investigation for alleged misconduct in accordance with Section
	22A.101(d) [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 develop a form on which a report
	described by Subsection (a)(1) made through the Internet portal
	must be submitted and ensure that each field on the form includes a
	uniform standard of data entry and must be completed before the form
	may be submitted.
	(c)  Not later than 48 hours after receipt of a report
	concerning an educator under this section, the agency shall submit
	the report to the board.
	Sec. 22A.153 [22.096].  COMPLIANCE MONITORING.  The agency
	shall periodically, randomly, or on request by a member of the
	legislature conduct site visits and review the records of
	educational entities [school districts, districts of innovation,
	open-enrollment charter schools, other charter entities, regional
	education service centers, and shared services arrangements] to
	ensure compliance with Section 22A.151(b) [22.092(b)].
	SECTION 1.19.  Section 21.058, Education Code, is
	transferred to Subchapter D, Chapter 22A, Education Code, as added
	by this Act, redesignated as Section 22A.154, Education Code, and
	amended to read as follows:
	Sec. 22A.154 [21.058].  REVOCATION OF CERTIFICATE, [AND]
	TERMINATION OF EMPLOYMENT, AND LISTING ON REGISTRY BASED ON
	CONVICTION OF OR PLACEMENT ON DEFERRED ADJUDICATION COMMUNITY
	SUPERVISION FOR CERTAIN OFFENSES.  (a)  The procedures described by
	this section [Subsections (b) and (c)] apply only to[:
	[(1)]  conviction of or placement on deferred
	adjudication community supervision for:
	(1)  an offense for which a defendant is required to
	register as a sex offender under Chapter 62, Code of Criminal
	Procedure;
	(2)  [conviction of] a felony offense under Title 4,
	Title 5, or Title 8, Penal Code[, if the victim of the offense was
	under 18 years of age at the time the offense was committed]; or
	(3)  [conviction of or placement on deferred
	adjudication community supervision for] an offense under Chapter 43
	[Section 43.24], Penal Code.
	(b)  Notwithstanding Section 21.041(b)(7), not later than
	the fifth day after the date the agency or board receives notice
	under Article 42.018, Code of Criminal Procedure, of the conviction
	or placement on deferred adjudication community supervision of a
	person who holds a certificate under Subchapter B, Chapter 21 or who
	is employed by a school district or open-enrollment charter school:
	(1)  the agency shall:
	(A)  list the person in the registry maintained
	under Section 22A.151; and
	(B)  provide to the person and to any school
	district or open-enrollment charter school employing the person at
	the time of the inclusion in the registry written notice of:
	(i)  the listing in the registry; and
	(ii)  the basis for the listing; and
	(2)  if applicable [this subchapter], the board shall:
	(A) [(1)]  revoke the certificate held by the
	person; and
	(B) [(2)]  provide to the person[, to the agency,]
	and to any school district or open-enrollment charter school
	employing the person at the time of revocation written notice of:
	(i) [(A)]  the revocation; and
	(ii) [(B)]  the basis for the revocation.
	(c)  A school district or open-enrollment charter school
	that receives notice under Subsection (b) of the listing of a person
	in the registry maintained under Section 22A.151 or the revocation
	of a person's certificate issued under Subchapter B, Chapter 21,
	[this subchapter] shall:
	(1)  immediately remove the person [whose certificate
	has been revoked] from campus or from an administrative office, as
	applicable, to prevent the person from having any contact with a
	student; [and]
	(2)  for a [if the] person [is] employed under a
	probationary, continuing, or term contract under Chapter 21 [this
	chapter], with the approval of the board of trustees or governing
	body or a designee of the board or governing body:
	(A)  suspend the person without pay;
	(B)  provide the person with written notice that
	the person's contract is void as provided by Subsection (e)
	[(c-2)]; and
	(C)  terminate the employment of the person the
	day notice is received; and
	(3)  for a person not described by Subdivision (2),
	terminate the employment of the person the day notice is received
	[as soon as practicable].
	(d) [(c-1)]  If a school district or open-enrollment charter
	school becomes aware that a person employed by the district or
	school [under a probationary, continuing, or term contract under
	this chapter] has been convicted of or received deferred
	adjudication for a felony offense, and the person is not subject to
	Subsection (c), the district or school may:
	(1)  for a person employed under a probationary,
	continuing, or term contract under this chapter, with the approval
	of the board of trustees or governing body or a designee of the
	board of trustees or governing body:
	(A) [(1)]  suspend the person without pay;
	(B) [(2)]  provide the person with written notice
	that the person's contract is void as provided by Subsection (e)
	[(c-2)]; and
	(C) [(3)]  terminate the employment of the person
	as soon as practicable; or
	(2)  for a person not described by Subdivision (1),
	terminate the employment of the person as soon as practicable.
	(e) [(c-2)]  A person's probationary, continuing, or term
	contract under Chapter 21 is void if, with the approval of the board
	of trustees or governing body or a designee of the board or
	governing body, the school district or open-enrollment charter
	school takes action under Subsection (c)(2)(B) or (d)(1)(B)
	[(c-1)(2)].
	(f) [(d)]  A person whose certificate is revoked under
	Subsection (b) may reapply for a certificate in accordance with
	board rules.
	(g) [(e)]  Action taken by a school district or
	open-enrollment charter school under Subsection (c) or (d) [(c-1)]
	is not subject to appeal under this chapter, and the notice and
	hearing requirements of this chapter do not apply to the action.
	SECTION 1.20.  Section 22.085, Education Code, is
	transferred to Subchapter D, Chapter 22A, Education Code, as added
	by this Act, redesignated as Section 22A.155, Education Code, and
	amended to read as follows:
	Sec. 22A.155 [22.085].  EMPLOYEES AND APPLICANTS CONVICTED
	OF OR PLACED ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR
	CERTAIN OFFENSES.  (a)  An educational entity [A school district,
	open-enrollment charter school, or shared services arrangement]
	shall discharge or refuse to hire an employee or applicant for
	employment if the entity [district, school, or shared services
	arrangement] obtains information through a criminal history record
	information review that the employee or applicant has been[:
	[(1)]  convicted of or placed on deferred adjudication
	community supervision for:
	(1)  an offense for which a defendant is required to
	register as a sex offender under Chapter 62, Code of Criminal
	Procedure; [or]
	(2)  [convicted of:
	[(A)]  a felony offense under Title 4, Title 5, or
	Title 8, Penal Code[, if the victim of the offense was under 18
	years of age at the time the offense was committed];
	(3)  an offense under Chapter 43, Penal Code; or
	(4) [(B)]  an offense under the laws of another state
	or federal law that is equivalent to an offense under Subdivision
	(1), (2), or (3) [Paragraph (A)].
	(b)  Subsection (a) does not apply if the employee or
	applicant for employment committed an offense under Title 4, Title
	5, or Title 8, Penal Code and:
	(1)  the date of the offense is more than 30 years
	before:
	(A)  the effective date of S.B. No. 9, Acts of the
	80th Legislature, Regular Session, 2007, in the case of a person
	employed by a school district, open-enrollment charter school, or
	shared services arrangement as of that date; or
	(B)  the date the person's employment will begin,
	in the case of a person applying for employment with a school
	district, open-enrollment charter school, or shared services
	arrangement after the effective date of S.B. No. 9, Acts of the 80th
	Legislature, Regular Session, 2007; and
	(2)  the employee or applicant for employment satisfied
	all terms of the court order entered on conviction.
	(c)  An educational entity [A school district,
	open-enrollment charter school, or shared services arrangement]
	may not allow a person who is an employee of or applicant for
	employment by a qualified school contractor or an entity that
	contracts with the entity [district, school, or shared services
	arrangement] to serve [at the district or school or] for the entity
	[shared services arrangement] if the entity [district, school, or
	shared services arrangement] obtains information described by
	Subsection (a) through a criminal history record information review
	concerning the employee or applicant.  An educational entity [A
	school district, open-enrollment charter school, or shared
	services arrangement] must ensure that an entity that the
	educational entity [district, school, or shared services
	arrangement] contracts with for services has obtained all criminal
	history record information as required by Section 22.0834.
	(d)  An educational entity or [A school district,
	open-enrollment charter school,] private school[, regional
	education service center, or shared services arrangement] may
	discharge an employee if the entity [district] or school obtains
	information of the employee's conviction of a felony or of a
	misdemeanor involving moral turpitude that the employee did not
	disclose to the board [State Board for Educator Certification] or
	the entity or  [district,] school[, service center, or shared
	services arrangement].  An employee discharged under this section
	is considered to have been discharged for misconduct for purposes
	of Section 207.044, Labor Code.
	(e)  The board [State Board for Educator Certification] may
	impose a sanction on an educator, or the agency may impose a
	sanction on an employee who is not an educator, who does not
	discharge another [an] employee or refuse to hire an applicant for
	employment if the educator or employee knows or should have known,
	through a criminal history record information review, that the
	other employee or applicant has been[:
	[(1)]  convicted of or placed on deferred adjudication
	community supervision for an offense described by Subsection (a)
	[(a)(1); or
	[(2)  convicted of an offense described by Subsection
	(a)(2)].
	(f)  Each school year, the superintendent of a school
	district or chief operating officer of an open-enrollment charter
	school shall certify to the commissioner that the district or
	school has complied with this section.
	SECTION 1.21.  Chapter 22A, Education Code, as added by this
	Act, is amended by adding Subchapter E to read as follows:
	SUBCHAPTER E.  OTHER REPORTING REQUIREMENTS
	Sec. 22A.201.  REPORT BY EDUCATIONAL ENTITIES TO AGENCY. An
	educational entity shall include in the entity's Public Education
	Information Management System (PEIMS) report the number of
	employees alleged to have engaged in misconduct described by
	Section 22A.051(a)(2)(A), (B), (C), or (D) during the preceding
	school year, disaggregated by whether the employee is an educator
	and type of misconduct.
	Sec. 22A.202.  REPORT BY AGENCY. (a)  The agency, in
	cooperation with the board, shall, on a quarterly basis, submit to
	the legislature and post on the agency's Internet website a report
	on employee misconduct reported under this chapter.
	(b)  A report under Subsection (a) must include the number of
	employees added to the registry maintained under Section 22A.151
	for misconduct described by Section 22A.051(a)(2)(A), (B), (C), or
	(D), disaggregated by type of misconduct, house district, senate
	district, and, if applicable, school district.
	SECTION 1.22.  Chapter 22A, Education Code, as added by this
	Act, is amended by adding Subchapter F, and a heading is added to
	that subchapter to read as follows:
	SUBCHAPTER F.  REQUIRED MISCONDUCT REPORTING: PRIVATE SCHOOLS
	SECTION 1.23.  Section 21.0062, Education Code, is
	transferred to Subchapter F, Chapter 22A, Education Code, as added
	by this Act, redesignated as Section 22A.251, Education Code, and
	amended to read as follows:
	Sec. 22A.251 [21.0062].  REQUIREMENT TO REPORT MISCONDUCT:
	PRIVATE SCHOOLS.  (a)  In this section, "private [:
	[(1)  "Abuse" has the meaning assigned by Section
	261.001, Family Code, and includes any sexual conduct involving a
	student or minor and private school educator.
	[(2)  "Private] school educator" means a person
	employed by or seeking employment in a private school for a position
	in which the person would be required to hold a certificate issued
	under Subchapter B, Chapter 21, if the person were employed by a
	school district.
	(b)  In addition to the reporting requirement under Section
	261.101, Family Code, the chief administrative officer of a private
	school shall notify the board [State Board for Educator
	Certification] if a private school educator:
	(1)  has a criminal record and the private school
	obtained information about the educator's criminal record; or
	(2)  was terminated and there is evidence that the
	educator:
	(A)  abused or otherwise committed an unlawful act
	with a student or minor; or
	(B)  was involved in a romantic relationship with
	or solicited or engaged in sexual contact with a student or minor.
	(c)  If there is evidence that a private school educator may
	have engaged in misconduct described by Subsection (b) and the
	educator resigns from employment before completion of the
	investigation, the chief administrative officer of the private
	school shall submit the evidence of misconduct collected to the
	board [State Board for Educator Certification].
	(d)  The chief administrative officer of the private school
	must notify the board [State Board for Educator Certification] by
	filing a report with the board not later than the seventh business
	day after the date the chief administrative officer knew that a
	private school educator:
	(1)  has a criminal record under Subsection (b)(1); or
	(2)  was terminated following an alleged incident of
	misconduct described by Subsection (b)(2).
	(e)  The report filed under Subsection (d) must be:
	(1)  in writing; and
	(2)  in a form prescribed by the board.
	(f)  Any person who knows or has reason to believe that a
	private school educator engaged in the misconduct described by
	Subsection (b)(2) may file a report with the board [State Board for
	Educator Certification] under this section.
	(g)  A chief administrative officer of a private school or
	any other person who in good faith files a report with the board
	[State Board for Educator Certification] under this section or
	communicates with a chief administrative officer or other
	administrator of a private school concerning the criminal record of
	or an alleged incident of misconduct by a private school educator is
	immune from civil or criminal liability that might otherwise be
	incurred or imposed.
	(h)  The name of a student or minor who is the victim of abuse
	or unlawful conduct by a private school educator must be included in
	a report filed under this section, but the name of the student or
	minor is not public information under Chapter 552, Government Code.
	(i)  The board [State Board for Educator Certification]
	shall propose rules as necessary to implement this section.
	ARTICLE 2.  CONFORMING CHANGES
	SECTION 2.01.  Section 7.028(a), Education Code, is amended
	to read as follows:
	(a)  Except as provided by Section 22A.051(m) [21.006(k)],
	22A.153 [22.093(l), 22.096], 28.006, 29.001(5), 29.010(a),
	33.006(h), 37.1083, 37.1084, 38.003, or 39.003, the agency may
	monitor compliance with requirements applicable to a process or
	program provided by a school district, campus, program, or school
	granted charters under Chapter 12, including the process described
	by Subchapter F, Chapter 11, or a program described by Subchapter B,
	C, D, E, F, H, or I, Chapter 29, or Subchapter A, Chapter 37, only as
	necessary to ensure:
	(1)  compliance with federal law and regulations;
	(2)  financial accountability, including compliance
	with grant requirements;
	(3)  data integrity for purposes of:
	(A)  the Public Education Information Management
	System (PEIMS); and
	(B)  accountability under Chapters 39 and 39A; and
	(4)  qualification for funding under Chapter 48.
	SECTION 2.02.  Section 12.0271, Education Code, is amended
	to read as follows:
	Sec. 12.0271.  FAILURE TO DISCHARGE OR REFUSE TO HIRE OR
	TERMINATE OR REFUSE SERVICES FROM CERTAIN EMPLOYEES, [OR]
	APPLICANTS, OR VOLUNTEERS.  A home-rule school district commits a
	material violation of the school district's charter if the school
	district fails to comply with the duty to discharge or refuse to
	hire, or terminate or refuse to accept volunteer services from,
	certain employees, [or] applicants for employment, or volunteers
	under Section 22A.151 or 22A.155, as applicable [22.085 or 22.092].
	SECTION 2.03.  Section 12.0631, Education Code, is amended
	to read as follows:
	Sec. 12.0631.  FAILURE TO DISCHARGE OR REFUSE TO HIRE OR
	TERMINATE OR REFUSE SERVICES FROM CERTAIN EMPLOYEES, [OR]
	APPLICANTS, OR VOLUNTEERS.  A campus or campus program granted a
	charter under this subchapter commits a material violation of its
	charter if the campus or program fails to comply with the duty to
	discharge or refuse to hire, or terminate or refuse to accept
	volunteer services from, certain employees, [or] applicants for
	employment, or volunteers under Section 12.1059, 22A.151, or
	22A.155, as applicable [22.085, or 22.092].
	SECTION 2.04.  Section 12.104(b), Education Code, is amended
	to read as follows:
	(b)  An open-enrollment charter school is subject to:
	(1)  a provision of this title establishing a criminal
	offense;
	(2)  the provisions in Chapter 554, Government Code;
	and
	(3)  a prohibition, restriction, or requirement, as
	applicable, imposed by this title or a rule adopted under this
	title, relating to:
	(A)  the Public Education Information Management
	System (PEIMS) to the extent necessary to monitor compliance with
	this subchapter as determined by the commissioner;
	(B)  criminal history records under Subchapter C,
	Chapter 22;
	(C)  reading instruments and accelerated reading
	instruction programs under Section 28.006;
	(D)  accelerated instruction under Section
	28.0211;
	(E)  high school graduation requirements under
	Section 28.025;
	(F)  special education programs under Subchapter
	A, Chapter 29;
	(G)  bilingual education under Subchapter B,
	Chapter 29;
	(H)  prekindergarten programs under Subchapter E
	or E-1, Chapter 29, except class size limits for prekindergarten
	classes imposed under Section 25.112, which do not apply;
	(I)  extracurricular activities under Section
	33.081;
	(J)  discipline management practices or behavior
	management techniques under Section 37.0021;
	(K)  health and safety under Chapter 38;
	(L)  the provisions of Subchapter A, Chapter 39;
	(M)  public school accountability and special
	investigations under Subchapters A, B, C, D, F, G, and J, Chapter
	39, and Chapter 39A;
	(N)  the requirement under Section 22A.051
	[21.006] to report an educator's misconduct;
	(O)  intensive programs of instruction under
	Section 28.0213;
	(P)  the right of a school employee to report a
	crime, as provided by Section 37.148;
	(Q)  bullying prevention policies and procedures
	under Section 37.0832;
	(R)  the right of a school under Section 37.0052
	to place a student who has engaged in certain bullying behavior in a
	disciplinary alternative education program or to expel the student;
	(S)  the right under Section 37.0151 to report to
	local law enforcement certain conduct constituting assault or
	harassment;
	(T)  a parent's right to information regarding the
	provision of assistance for learning difficulties to the parent's
	child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
	(U)  establishment of residency under Section
	25.001;
	(V)  school safety requirements under Sections
	37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,
	37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and
	37.2071 and Subchapter J, Chapter 37;
	(W)  the early childhood literacy and mathematics
	proficiency plans under Section 11.185;
	(X)  the college, career, and military readiness
	plans under Section 11.186; and
	(Y)  parental options to retain a student under
	Section 28.02124.
	SECTION 2.05.  Section 12.1059, Education Code, is amended
	to read as follows:
	Sec. 12.1059.  REQUIREMENTS FOR EMPLOYMENT OF CERTAIN
	EMPLOYEES.  A person may not be employed by or serve as a teacher,
	librarian, educational aide, administrator, or school counselor
	for an open-enrollment charter school unless:
	(1)  the person has been approved by the agency
	following a review of the person's national criminal history record
	information as provided by Section 22.0832; and
	(2)  the school has confirmed that the person is not
	included in the registry under Section 22A.151 [22.092].
	SECTION 2.06.  Section 12.1151, Education Code, is amended
	to read as follows:
	Sec. 12.1151.  FAILURE TO DISCHARGE OR REFUSE TO HIRE OR
	TERMINATE OR REFUSE SERVICES FROM CERTAIN EMPLOYEES, [OR]
	APPLICANTS, OR VOLUNTEERS.  An open-enrollment charter school
	commits a material violation of the school's charter if the school
	fails to comply with the duty to discharge or refuse to hire, or
	terminate or refuse to accept volunteer services from, certain
	employees, [or] applicants for employment, or volunteers under
	Section 12.1059, 22A.151, or 22A.155, as applicable [22.085, or
	22.092].
	SECTION 2.07.  Section 12.252(b), Education Code, is amended
	to read as follows:
	(b)  An adult education program operated under a charter
	granted under this subchapter is subject to:
	(1)  a provision of this title establishing a criminal
	offense; and
	(2)  a prohibition, restriction, or requirement, as
	applicable, imposed by this title or a rule adopted under this
	title, relating to:
	(A)  the Public Education Information Management
	System (PEIMS) to the extent necessary as determined by the
	commissioner to monitor compliance with this subchapter and, as
	applicable, Subchapter D;
	(B)  criminal history records under Subchapter C,
	Chapter 22;
	(C)  high school graduation requirements under
	Section 28.025, to the extent applicable to a program participant;
	(D)  special education programs under Subchapter
	A, Chapter 29;
	(E)  bilingual education under Subchapter B,
	Chapter 29;
	(F)  health and safety under Chapter 38;
	(G)  the requirement under Section 22A.051
	[21.006] to report an educator's misconduct; and
	(H)  the right of an employee to report a crime, as
	provided by Section 37.148.
	SECTION 2.08.  Section 12A.008(b-1), Education Code, is
	amended to read as follows:
	(b-1)  The commissioner may terminate a district's
	designation as a district of innovation if the district fails to
	comply with the duty to discharge or refuse to hire certain
	employees or applicants for employment under Section 12.1059,
	applicable to the district under Section 12A.004(a)(1), or Section
	22A.151 or 22A.155 [22.085 or 22.092].
	SECTION 2.09.  Section 21.054(e), Education Code, is amended
	to read as follows:
	(e)  Continuing education requirements for a principal must
	provide that not more than 25 percent of the training required every
	five years include instruction regarding:
	(1)  effective and efficient management, including:
	(A)  collecting and analyzing information;
	(B)  making decisions and managing time; and
	(C)  supervising student discipline and managing
	behavior;
	(2)  recognizing early warning indicators that a
	student may be at risk of dropping out of school;
	(3)  digital learning, digital teaching, and
	integrating technology into campus curriculum and instruction;
	(4)  effective implementation of a comprehensive
	school counseling program under Section 33.005;
	(5)  mental health programs addressing a mental health
	condition;
	(6)  educating diverse student populations, including:
	(A)  students who are educationally
	disadvantaged;
	(B)  emergent bilingual students; and
	(C)  students at risk of dropping out of school;
	and
	(7)  preventing, recognizing, and reporting any sexual
	conduct between an educator and student that is prohibited under
	Section 21.12, Penal Code, or for which reporting is required under
	Section 22A.051 [21.006] of this code.
	SECTION 2.10.  Section 22.0815(a), Education Code, is
	amended to read as follows:
	(a)  In this section, "other charter entity" has the meaning
	assigned by Section 22A.001 [21.006].
	SECTION 2.11.  Section 22.0825(a), Education Code, is
	amended to read as follows:
	(a)  In this section, "other charter entity" has the meaning
	assigned by Section 22A.001 [21.006].
	SECTION 2.12.  Section 22.0833(g), Education Code, is
	amended to read as follows:
	(g)  A school district, open-enrollment charter school, or
	shared services arrangement shall provide the agency with the name
	of a person to whom this section applies.  The agency shall obtain
	all criminal history record information of the person through the
	criminal history clearinghouse as provided by Section 411.0845,
	Government Code.  The agency shall examine the criminal history
	record information of the person and notify the district, school,
	or shared services arrangement if the person may not be hired or
	must be discharged as provided by Section 22A.155 [22.085].
	SECTION 2.13.  Section 22.0834(o), Education Code, is
	amended to read as follows:
	(o)  A school district, charter school, regional education
	service center, commercial transportation company, education
	shared services arrangement, or qualified school contractor,
	contracting entity, or subcontracting entity may not permit an
	employee to whom Subsection (a) applies to provide services at a
	school if the employee has been convicted of a felony or misdemeanor
	offense that would prevent a person from being employed under
	Section 22A.155(a) [22.085(a)].
	SECTION 2.14.  Section 22.0836(g), Education Code, is
	amended to read as follows:
	(g)  A school district, open-enrollment charter school, or
	shared services arrangement shall provide the agency with the name
	of a person to whom this section applies.  The agency shall obtain
	all criminal history record information of the person through the
	criminal history clearinghouse as provided by Section 411.0845,
	Government Code.  The agency shall examine the criminal history
	record information and certification records of the person and
	notify the district, school, or shared services arrangement if the
	person:
	(1)  may not be hired or must be discharged as provided
	by Section 22A.155 [22.085]; or
	(2)  may not be employed as a substitute teacher
	because the person's educator certification has been revoked or is
	suspended.
	SECTION 2.15.  Section 33.913(b), Education Code, is amended
	to read as follows:
	(b)  To participate in the program as a tutor, a person must:
	(1)  be an active or retired teacher;
	(2)  apply for the position in a manner specified by the
	nonprofit organization;
	(3)  designate in the application whether the person
	plans to provide tutoring:
	(A)  for compensation, on a volunteer basis, or
	both; and
	(B)  in person, online, or both; and
	(4)  not be included in the registry of persons not
	eligible for employment by a public school under Section 22A.151
	[22.092].
	SECTION 2.16.  Section 39.0302(a), Education Code, is
	amended to read as follows:
	(a)  During an agency investigation or audit of a school
	district under Section 39.0301(e) or (f), a special investigation
	under Section 39.003(a)(8) or (14), a compliance review under
	Section 22A.051(m) [21.006(k), 22.093(l),] or 22A.153 [22.096], or
	an investigation by the State Board for Educator Certification of
	an educator for an alleged violation of an assessment instrument
	security procedure established under Section 39.0301(a), the
	commissioner may issue a subpoena to compel the attendance of a
	relevant witness or the production, for inspection or copying, of
	relevant evidence that is located in this state.
	SECTION 2.17.  Section 810.003(a), Health and Safety Code,
	is amended to read as follows:
	(a)  The department, in collaboration with each
	participating state agency, shall establish an interagency
	reportable conduct search engine for persons to search information
	on reportable conduct in accordance with this chapter and rules
	adopted under this chapter maintained by:
	(1)  the Department of Family and Protective Services
	in the central registry established under Section 261.002, Family
	Code;
	(2)  the Health and Human Services Commission in the
	employee misconduct registry established under Chapter 253;
	(3)  the Texas Education Agency in the registry
	established under Section 22A.151 [22.092], Education Code; and
	(4)  the Texas Juvenile Justice Department in the
	integrated certification information system and in any informal
	list the Texas Juvenile Justice Department maintains.
	SECTION 2.18.  Section 810.004(b), Health and Safety Code,
	is amended to read as follows:
	(b)  In addition to the eligible individuals described by
	Subsection (a), each participating state agency shall designate
	additional users who are eligible to access the search engine and
	may require those users to determine whether an individual has
	engaged in reportable conduct.  The additional designated users may
	include controlling persons, hiring managers, or administrators
	of:
	(1)  licensed or certified long-term care providers,
	including:
	(A)  home and community support services agencies
	licensed under Chapter 142;
	(B)  nursing facilities licensed under Chapter
	242;
	(C)  assisted living facilities licensed under
	Chapter 247;
	(D)  prescribed pediatric extended care centers
	licensed under Chapter 248A;
	(E)  intermediate care facilities for individuals
	with an intellectual disability licensed under Chapter 252;
	(F)  state supported living centers, as defined by
	Section 531.002; and
	(G)  day activity and health services facilities
	licensed under Chapter 103, Human Resources Code;
	(2)  providers under a Section 1915(c) waiver program,
	as defined by Section 521.0001 [531.001], Government Code;
	(3)  juvenile probation departments and registered
	juvenile justice facilities;
	(4)  independent school districts, districts of
	innovation, open-enrollment charter schools, other charter
	entities, as defined by Section 22A.001 [21.006], Education Code,
	regional education service centers, education shared services
	arrangements, or any other educational entity or provider that is
	authorized to access the registry established under Section 22A.151
	[22.092], Education Code;
	(5)  private schools that:
	(A)  offer a course of instruction for students in
	this state in one or more grades from prekindergarten through grade
	12; and
	(B)  are:
	(i)  accredited by an organization
	recognized by the Texas Education Agency or the Texas Private
	School Accreditation Commission;
	(ii)  listed in the database of the National
	Center for Education Statistics of the United States Department of
	Education; or
	(iii)  otherwise authorized by Texas
	Education Agency rule to access the search engine; and
	(6)  nonprofit teacher organizations approved by the
	commissioner of education for the purpose of participating in the
	tutoring program established under Section 33.913, Education Code.
	SECTION 2.19.  The following provisions of the Education
	Code are repealed:
	(1)  the heading to Section 21.006;
	(2)  the heading to Subchapter C-1, Chapter 22;
	(3)  Section 22.091; and
	(4)  Section 22.093.
	ARTICLE 3.  TRANSITION AND EFFECTIVE DATE
	SECTION 3.01.  This Act applies beginning with the 2025-2026
	school year.
	SECTION 3.02.  To the extent of any conflict, this Act
	prevails over another Act of the 89th Legislature, Regular Session,
	2025, relating to nonsubstantive additions to and corrections in
	enacted codes.
	SECTION 3.03.  Except as otherwise provided by this Act,
	this Act takes effect immediately if it receives a vote of
	two-thirds of all the members elected to each house, as provided by
	Section 39, Article III, Texas Constitution.  If this Act does not
	receive the vote necessary for immediate effect, this Act takes
	effect September 1, 2025.