Bill Text: TX HB208 | 2023 | 88th Legislature 3rd Special Session | Introduced
Bill Title: Relating to the appointment of an inspector general for education and the creation of a division of inspector general for education in the governor's office to investigate the administration of public education.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-11-03 - Filed [HB208 Detail]
Download: Texas-2023-HB208-Introduced.html
| By: Shaheen | H.B. No. 208 | |
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| relating to the appointment of an inspector general for education | ||
| and the creation of a division of inspector general for education in | ||
| the governor's office to investigate the administration of public | ||
| education. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. 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 (1); | ||
| (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; [ |
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| (17) by the division of inspector general for | ||
| education established under Chapter 452, Government Code, for the | ||
| purpose of investigating: | ||
| (A) allegations of fraud, waste, and abuse in the | ||
| administration of public education; | ||
| (B) violations of school safety and security, | ||
| including audits conducted under Section 37.108, Section 37.1081, | ||
| Section 37.1082, and Section 37.109, and other violations of this | ||
| code; and | ||
| (C) violations of this code by school employees, | ||
| school representatives, or contractors involved in public schools; | ||
| or | ||
| (18) as the commissioner otherwise determines | ||
| necessary. | ||
| SECTION 2. Subtitle D, Title 4, Government Code, is amended | ||
| by adding Chapter 452 to read as follows: | ||
| CHAPTER 452. INSPECTOR GENERAL FOR EDUCATION | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 452.001. DEFINITIONS. In this chapter: | ||
| (1) "Division" means the division of inspector general | ||
| for education established under this chapter. | ||
| (2) "Fraud" means an intentional deception or | ||
| misrepresentation made by a person with the knowledge that the | ||
| deception or misrepresentation 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. | ||
| (3) "Local education agency" includes a school | ||
| district or county system described by Subchapter G, Chapter 11, | ||
| Education Code. | ||
| Sec. 452.002. DIVISION OF INSPECTOR GENERAL FOR EDUCATION. | ||
| (a) The division of inspector general for education is established | ||
| in the office of the governor. | ||
| (b) The governor shall appoint an inspector general to serve | ||
| as director of the division. The inspector general serves until | ||
| removed by the governor. | ||
| (c) The office of the governor shall provide staff and | ||
| administrative resources and support services as necessary to | ||
| ensure that investigations and reviews authorized by this chapter | ||
| are conducted expeditiously. | ||
| (d) The commissioner shall provide the inspector general | ||
| full access to all data under the agency's control, including all | ||
| Public Education Information Management System (PEIMS) data and | ||
| other data pertaining to school disciplinary records. | ||
| SUBCHAPTER B. POWERS AND DUTIES | ||
| Sec. 452.051. GENERAL RESPONSIBILITIES. (a) The division | ||
| is responsible for: | ||
| (1) the investigation, prevention, and detection of | ||
| wrongdoing and 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; and | ||
| (2) the investigation of actions taken by school | ||
| districts, open-enrollment charter schools, regional education | ||
| service centers, and other local education agencies in this state | ||
| in relation to violations of school safety and security and other | ||
| violations of the Education Code. | ||
| (b) The division may investigate: | ||
| (1) allegations of fraud, waste, and abuse and | ||
| violations of the Education Code or other law; | ||
| (2) violations of school safety and security, | ||
| including audits under Section 37.108, Section 37.1081, Section | ||
| 37.1082, and Section 37.109; and | ||
| (3) allegations of violations of the Education Code. | ||
| (c) The division 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) conduct audits of the use of funds, including | ||
| funds used for school security, by a school district, an | ||
| open-enrollment charter school, a regional education service | ||
| center, or another local education agency; | ||
| (3) receive complaints from any source and investigate | ||
| on its own initiative; | ||
| (4) conduct special investigations authorized by the | ||
| commissioner of education under Section 39.003(a), Education Code; | ||
| (5) 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 | ||
| one of those entities committed an act of wrongdoing, fraud, waste, | ||
| or abuse in the administration of public education and take | ||
| appropriate action as determined by the governor in consultation | ||
| with the commissioner of education, regardless of any time | ||
| requirement relating to the action under Chapter 8, 12, or 39A, | ||
| Education Code; | ||
| (6) after finding that there has been a violation of | ||
| school safety and security, prescribe binding corrective or | ||
| disciplinary action to be taken; and | ||
| (7) review audits conducted under Section 37.108, | ||
| Section 37.1081, Section 37.1082, and Section 37.109. | ||
| (d) The commissioner of education may take control of the | ||
| management of any part of an entity described by Subsection (c)(5) | ||
| for which the division finds a violation of school safety and | ||
| security under Subsection (c)(6). | ||
| (e) The governor may order the division to conduct a | ||
| forensic audit of any school district, open-enrollment charter | ||
| school, regional education service center, or other local education | ||
| agency in this state. The entity for which the audit was ordered | ||
| shall pay the costs of the audit. | ||
| (f) The division shall perform all other duties and exercise | ||
| all other powers granted to the division by this chapter or other | ||
| law. | ||
| Sec. 452.052. GENERAL POWERS. (a) The division has all the | ||
| powers necessary or appropriate to carry out its responsibilities | ||
| and functions under this chapter and other law. | ||
| (b) Subject to Subsection (c), in conducting an | ||
| investigation under this chapter 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 or another local education agency, or the executive | ||
| leadership of any of those entities, the division 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; 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 or other law. | ||
| (c) The division'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 the Education Code or of fraud, waste, | ||
| or abuse in the administration of public education by a person or | ||
| entity described by Subsection (b). The division 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 chapter is not a | ||
| voluntary disclosure under Section 552.007. A record, document, or | ||
| file made available to the division for purposes of an | ||
| investigation under this chapter is not subject to public | ||
| disclosure by the division. | ||
| (e) The inspector general may prescribe binding | ||
| disciplinary action and a corrective timeline for any entity | ||
| described by Subsection (b). | ||
| (f) The inspector general shall have full access to all data | ||
| under the agency's control, including all Public Education | ||
| Information Management System (PEIMS) data and other data | ||
| pertaining to school disciplinary records. | ||
| (g) The inspector general may review all audits under | ||
| conducted under Section 37.108, Section 37.1081, Section 37.1082, | ||
| and Section 37.109. The inspector general may issue binding | ||
| corrective timelines and disciplinary actions for emergency | ||
| operations plan noncompliance. | ||
| (h) The commissioner may appoint the inspector general as a | ||
| conservator under Section 37.1082. | ||
| Sec. 452.053. SUBPOENAS. (a) The inspector general may | ||
| issue a subpoena to compel the attendance of a relevant witness at a | ||
| hearing or deposition under this chapter 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 chapter. | ||
| (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. 452.054. COOPERATION WITH OTHER ENTITIES. The | ||
| division may refer matters for further civil and administrative | ||
| action to appropriate administrative agencies, including the | ||
| attorney general. | ||
| SECTION 3. 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 on the 91st day after the last day of the | ||
| legislative session. | ||
