By: Noble	H.B. No. 3347

	A BILL TO BE ENTITLED
	AN ACT
	relating to person not eligible for employment in public schools
	and to measures to ensure publics schools do not employ those
	persons.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 01.  Section 21.006, Education Code, is amended to
	read as follows:
	(a)  In this 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)  an "educational entity" is a school district,
	district of innovation, open-enrollment charter school, other
	charter entity, regional education service center, or shared
	services arrangement.
	(3)  "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.
	(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 State Board for Educator
	Certification if:
	(1)  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 educator's criminal
	record by a means other than the criminal history clearinghouse
	established under Section 411.0845, Government Code;
	(2)  an educator's employment at 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 educator:
	(A)  abused or otherwise committed an unlawful act
	with a student or minor;
	(A-1)  was involved in a romantic relationship
	with or solicited or engaged in sexual contact with a student or
	minor;
	(A-2)  had inappropriate communications with a
	student or minor;
	(A-3)  failed to maintain appropriate boundaries
	with a student or minor;
	(A-4)  committed physical mistreatment or
	threatened violence to a student or minor though no actual injury
	occurred to the student or minor;
	(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.;
	(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];
	(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
	(E)  committed a criminal offense or any part of a
	criminal offense on school property or at a school-sponsored event;
	(3)  the educator resigned and there is evidence that
	the educator engaged in misconduct described by Subdivision (2);
	[or]
	(4)  the educator engaged in conduct that violated the
	assessment instrument security procedures established under
	Section 39.0301; or
	(5)  there is evidence that an educator engaged in
	conduct described by Subsections (b)(2)(A), (A-1), (A-2), (A-3) or
	(A-4).
	(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 an educator that involves evidence that the
	educator may have engaged in misconduct described by Subsections
	(b)(2)(A), [or] (A-1), (A-2), (A-3) or (A-4), despite the
	educator's resignation from employment before completion of the
	investigation.
	(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:
	(1)  than the seventh business day after the date:
	[(1)] (A)  of an educator's termination of
	employment or resignation following an alleged incident of
	misconduct described by Subsection (b); or
	[(2)] (B)  the principal knew about an educator's
	criminal record under Subsection (b)(1); or
	(2)  than 48 hours after knowledge of evidence of
	misconduct under Subsections (b)(2)(A), (A-1), (A-2), (A-3) or
	(A-4).
	(c)  Except as provided by Subsection (c-2), the
	superintendent or director must notify the State Board for Educator
	Certification by filing a report with the board not later:
	(1)  than the seventh business day after the date the
	superintendent or director receives a report from a principal under
	Subsection (b-2) or knew about an educator's termination of
	employment or resignation following an alleged incident of
	misconduct described by Subsection (b) or an employee's criminal
	record under Subsection (b)(1); or
	(2)  than 48 hours after the superintendent or director
	receives a report from a principal under Subsection (b-2) or know
	about an alleged incident of misconduct described by Subsections
	(b)(2)(A), (A-1), (A-2), (A-3) or (A-4).
	(c-1)  The report under Subsection (c):
	(1)  must be:
	(A)  in writing; and
	(B)  in a form prescribed by the board; and
	(2)  [may] must be filed through the
	Internet portal developed and maintained under Section 22.095 [by
	the State Board for Educator Certification under Subsection (g-1)].
	(c-2)  A superintendent or director of an educational entity
	[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);] has reasonable cause to believe that the educator subject
	to a report under this section is deceased.
	(d)  The superintendent or director shall 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 educator of the filing of the report required by Subsection
	(c).
	(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 State Board for Educator Certification under this section
	or communicates with another superintendent, director, or
	principal concerning an educator's criminal record or alleged
	incident of misconduct is immune from civil or criminal liability
	that might otherwise be incurred or imposed.
	[(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.]
	SECTION 02.  Section 21.0062, Education Code, is amended to
	read as follows:
	(d)  The chief administrative officer of the private school
	must notify the State Board for Educator Certification by filing a
	report with the board not later than:
	(1)  the seventh business day after the date the chief
	administrative officer knew that a private school educator:
	[(1)] (A)  has a criminal record under Subsection
	(b)(1); or
	[(2)] (B)  was terminated or resigned following
	an alleged incident of misconduct described by Subsection (b)(2);
	or
	(2)  48 hours after the date the chief administrative
	officer knew there was evidence of misconduct described by
	Subsection (b)(2)(A), (A-1), (A-2), (A-3) or (A-4).
	(e)  The report filed under Subsection (d) must be:
	(1)  in writing; and
	(2)  in a form prescribed by the board;
	(3)  must be filed through the Internet portal
	developed and maintained under Section 22.095.
	SECTION 03.  The heading to Section 21.058 is amended to read
	as follows:
	Sec. 21.058.  DENIAL AND REVOCATION OF CERTIFICATE AND
	TERMINATION OF EMPLOYMENT BASED ON CONVICTION OF OR PLACEMENT ON
	DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN OFFENSES.
	SECTION 04.  Section 21.058, Education Code, is amended to
	read as follows:
	(a)  The procedures described by Subsections (b) and (c)
	apply only to:
	(1)  conviction of or placement on deferred
	adjudication community supervision for an offense for:
	(A)  which a defendant is required to register as
	a sex offender under Chapter 62, Code of Criminal Procedure;
	(B)  a felony offense under Chapter 43, Penal Code
	(C)  an offense under Section 21.12 or 43.24,
	Penal Code; or
	(D)  a felony offense involving school property;
	(2)  conviction of a felony offense under Title 5,
	Penal Code[, if the victim of the offense was under 18 years of age
	at the time the offense was committed]; or
	(3)  an offense under the laws of another state or
	federal law that is equivalent to an offense under Subdivision (1)
	or (2) [conviction of or placement on deferred adjudication
	community supervision for an offense under Section 43.24, Penal
	Code].
	[(d)  A person whose certificate is revoked under Subsection
	(b) may reapply for a certificate in accordance with board rules.]
	(f)  The State Board for Educator Certification may not grant
	a certification under this subchapter to a person for whom
	Subsection (a) applies.
	(g)  A school district may not grant a certification under
	this subchapter to a person for whom Subsection (a) applies.
	SECTION 05.  Section 21.062, Education Code, is amended to
	read as follows:
	(a)  During an investigation by the commissioner of an
	educator 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, or electronically.
	(f)  Unless authorized by the commissioner, responses to
	subpoenas issued under Subsection (a)(2) must submitted through the
	Internet portal developed and maintained under Section 22.095.
	SECTION 06.  Subchapter B, Chapter 21, Education Code, is
	amended by adding Section 21.066 to read as follows:
	Sec. 21.066.  CONFIDENTIALITY. (a)  Unless required by law,
	any complaint, statement, recording, note, file, record, memo, or
	report that is received, obtained, or created by the board relating
	to the review or investigation of allegations involving a person
	who is an applicant or holder of a certificate or permit issued by
	the board is confidential and not subject to disclosure under
	Chapter 552, Government Code.
	(b)  Subsection (a) does not prohibit the release of
	information described under Subsection (a):
	1)  to provide a report as required under Subchapter B,
	Chapter 21 or Subchapter C-1, Chapter 22; or
	2)  in connection with an administrative or other legal
	proceeding brought under Chapter 2001 of the Government Code.
	SECTION 07.  Section 22.085, Education Code, is amended to
	read as follows:
	Sec. 22.085.  EMPLOYEES AND APPLICANTS CONVICTED OF OR
	PLACED ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN
	OFFENSES. (a)  [A school district, open-enrollment charter school,
	or shared services arrangement] An educational entity shall
	discharge or refuse to hire an employee or applicant for employment
	if the district, school, or shared services arrangement obtains
	information through a criminal history record information review
	that the employee or applicant has a criminal history record that
	meets the conditions under Section 21.058(a) [been:
	(1)  convicted of or placed on deferred adjudication
	community supervision for 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 5, Penal Code,
	if the victim of the offense was under 18 years of age at the time
	the offense was committed; or
	(B)  an offense under the laws of another state or
	federal law that is equivalent to an offense under Subdivision (1)
	or Paragraph (A)].
	SECTION 08.  Section 22.091, Education Code is amended to
	read as follows:
	Sec. 22.091.  DEFINITION. In this [subchapter,] chapter:
	(1)  "educational entity" has the meaning assigned by
	Section 21.006;
	(2)  "other charter entity" has the meaning assigned by
	Section 21.006; and
	(3)  a person who provides services to an educational
	entity includes:
	(A)  a contractor of an educational entity or
	subcontractor of a contractor for an educational entity;
	(B)  a provider of tutoring services for an
	educational entity;
	(C)  entities that have entered into a contract to
	operate a school district campus under Section 11.174; and
	(D)  a staffing or service provider for an
	educational entity; and
	(E)  a person employed by or under the control of
	an entity described by Paragraph (A)-(D).
	SECTION 09.  Section 22.092, Education Code, is amended to
	read as follows:
	Sec. 22.092.  REGISTRY OF PERSONS NOT ELIGIBLE FOR
	EMPLOYMENT IN PUBLIC SCHOOLS. (a) The agency shall maintain and
	make available through the Internet portal developed and maintained
	by the agency under Section 22.095 a registry of persons who are not
	eligible to be employed by 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)  [A school district, district of innovation,
	open-enrollment charter school, other charter entity, regional
	education service center, or shared services arrangement] An
	educational entity shall discharge or refuse to hire a person
	listed on the registry maintained under this section.
	(b-1)  An educational entity may not allow a person who is
	listed on the registry maintained under this section to provide
	services for the educational entity or be present at a sponsored
	event of an educational entity.
	(c)  The registry maintained under this section must list the
	following persons as not eligible to be employed by 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 21.058(b);
	(4)  except as provided by (c-1), a person whose
	certification or permit issued under Subchapter B, Chapter 21, is
	revoked or whose application for certification or permit under that
	subchapter is denied by the 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 who is determined by the commissioner
	under Section 22.094 to have engaged in misconduct described by
	Section 21.006(b)(2)(A) and (A-1); [22.093(c)(1)(A) or (B)]
	(6)  a person who is determined by the commissioner
	under Section 22.094 to have engaged in misconduct described by
	Section 21.006(b)(2)(A-2), (A-3), or (A-4) for the term designated
	by the order; and
	(7)  except as provided by Subsection (c-2), a person
	whose certification has been suspended by the State Board of
	Educator Certification for the term of that suspension.
	(c-1)  Subsection (c)(4) does not apply if the person
	receives a certification by the State Board for Educator
	Certification subsequent to the revocation.
	(c-2)  Subsection (c)(6) does not apply to a suspension based
	solely on Sections 21.105(c), 21.160(c), and 21.210(c).
	(d)  The agency shall provide equivalent access to the
	registry maintained under this section to:
	(1)  private schools;
	(2)  [public schools] educational entities; [and]
	(3)  nonprofit teacher organizations approved by the
	commissioner for the purpose of participating in the tutoring
	program established under Section 33.913;
	(4)  entities that have entered into a contract to
	operate a school district campus under Section 11.174; and
	(5)  persons who provide services to educational
	entities authorized by an educational entity to access the
	registry.
	(e)  The registry maintained under this section must
	indicate if the listing is subject to expiration. A prohibition
	that applies to a person listed on the registry no longer applies if
	the term has expired and the person's certification is reinstated.
	(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. If possible, the agency
	shall consolidate the certification under this subsection with
	other reporting or certifications.
	(h)  If there is evidence that a person engaged in conduct
	referenced in Section 21.006(b)(2)(A), (A-1), (A-2), (A-3), or
	(A-4), the State Board for Educator Certification may not accept
	the voluntary surrender of any certification or permit issued under
	Subchapter B, Chapter 21, unless the individual agrees to placement
	on the registry
	(i)  The agency shall adopt rules as necessary to implement
	this section.
	SECTION 10.  Section 21.009, Education Code, is moved to
	Subchapter C-1, Chapter 22, Education Code, redesignated as Sec.
	22.0921 and amended to read as follows:
	Sec. 22.0921 21.009.  PRE-EMPLOYMENT AFFIDAVIT. (a) An
	applicant for employment by an educational entity [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:
	(i)  investigated by a law enforcement or a protective agency
	for, charged with, adjudicated for, or convicted of having engaged
	in conduct described in Section 21.006(b)(2)(A), (A-1), (A-2),
	(A-3), or (A-4); or [an inappropriate relationship with a minor.]
	(ii)  investigated by a licensing authority or had a license,
	certificate, or permit revoked, denied, suspended, or subject to
	any other sanction in Texas or any other state for conduct
	referenced in Section 21.006(b)(2)(A), (A-1), (A-2), (A-3), or
	(A-4).
	(b)  An applicant who answers affirmatively for an item under
	Subsection (a) [concerning an inappropriate relationship with a
	minor] must disclose in the affidavit all relevant facts known by
	the applicant pertaining to the matter [charge, adjudication, or
	conviction, including, for a charge], including whether the
	allegations were [charge was] determined to be true or false.
	(c)  An applicant is not precluded from being employed based
	on a disclosed allegations [charge] if the employing entity
	determines based on the information disclosed in the affidavit that
	the allegations were [charge was] false.
	(d)  A determination that an employee failed to disclose
	information required to be disclosed by an applicant under this
	section is grounds for termination of employment.
	(e)  Failure to make a required disclosure under Subsection
	(a) is a class B misdemeanor
	(f)  The 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 Section 21.003(a) or (b)] despite
	being aware that the applicant knowingly failed to disclose
	information required by Subsection (a) [had been adjudicated for or
	convicted of having an inappropriate relationship with a minor].
	SECTION 11.  Section 22.093, Education Code, is amended to
	read as follows:
	Sec. 22.093.  REQUIREMENT TO REPORT EMPLOYEE MISCONDUCT.
	(a) In this section, "abuse" has the meaning assigned by Section
	261.001, Family Code, and includes any sexual conduct involving a
	student or minor.
	(b)  This section applies to a person:
	(1)  who is employed by an educational entity [a school
	district, district of innovation, open-enrollment charter school,
	other charter entity, regional education service center, or shared
	services arrangement] and who does not hold a certification or
	permit issued under Subchapter B, Chapter 21; or
	(2)  who is not described by Subdivision (1) and who
	provides services for an educational entity and has or will have
	direct contact with students.
	(c)  In addition to the reporting requirement under Section
	261.101, Family Code, 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 commissioner if:
	(1)  [an employee's employment at the school district,
	district of innovation, charter school, other charter entity,
	service center, or shared services arrangement was terminated and]
	there is evidence that a person described by Subsection (b) engaged
	in misconduct described by Section 21.006(b)(2)(A), (A-1), (A-2),
	(A-3), or (A-4); or [the employee:
	(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;]
	(2)  the superintendent or director obtained
	information about the educator's criminal record related to conduct
	described by Section 21.006(b)(2)(A), (A-1), (A-2), (A-3), or (A-4)
	[the employee resigned or and there is evidence that the employee
	engaged in misconduct described by Subdivision (1)].
	(d)  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
	person described by Subsection (b) [an employee] that involves
	evidence that the person [employee] may have engaged in misconduct
	described by Section 21.006(b)(2)(A) and (A-1), (A-2), (A-3) or
	(A-4) [Subsection (c)(1)(A) or (B)], despite the [employee's]
	person's termination, resignation from employment, or cessation of
	services for the educational entity [before completion of the
	investigation].
	(e)  The principal of a school in an educational entity [a
	school district, district of innovation, open-enrollment charter
	school, other charter entity, regional education service center, or
	shared services arrangement
	director of the educational entity [school district, district of
	innovation, charter school, or other charter entity not later than
	48 hours after knowledge of evidence of misconduct under Section
	21.006(b)(2)(A), (A-1), (A-2), (A-3), (A-4) [the seventh business
	day after the date of an employee's termination of employment or
	resignation following an alleged incident of misconduct described
	by Subsection (c)(1)(A) or (B)].
	(f)  The superintendent or director must notify the
	commissioner by filing a report with the commissioner not later
	than 48 hours [the seventh business day] after the date the
	superintendent or director [receives a report from a principal
	under Subsection (e) or] knew about an [employee's termination of
	employment or resignation following an] alleged incident of
	misconduct described by Section 21.006(b)(2)(A), (A-1), (A-2),
	(A-3), or (A-4), [Subsection (c)(1)(A) or (B)] unless the
	superintendent or director has reasonable cause to believe that the
	person subject to a report under this section is deceased.  The
	report must be:
	(1)  in writing; [and]
	(2)  in a form prescribed by the commissioner;
	(3)  must be filed through the Internet portal
	developed and maintained under Section 22.095.
	(g)  The superintendent or director shall notify the board of
	trustees or governing body of the educational entity [a school
	district, district of innovation, open-enrollment charter school,
	other charter entity, regional education service center, or shared
	services arrangement
	the report required by Subsection (f).
	(k)  A superintendent or director required to file a report
	under Subsection (f) 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 employee's] a person's
	criminal record or alleged incident of misconduct. A principal
	required to notify a superintendent or director about [an
	employee's] a person's alleged incident of misconduct under
	Subsection (e) commits an offense if the principal fails to provide
	the notice by the date required by that subsection with intent to
	conceal [an employee's] a person's alleged incident of misconduct.
	An offense under this subsection is a state jail felony.
	(l)  The commissioner 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
	compliance with the requirement to report misconduct under this
	section.
	SECTION 12.  Section 22.094, Education Code is amended to
	read as follows:
	Sec. 22.094.  NOTICE OF ALLEGED MISCONDUCT; INVESTIGATION;
	HEARING.  (a) A person described by Section 22.093(b) [and who is
	the subject of a report that alleges misconduct described by
	Section 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] if that person is:
	(1)  subject of a report that alleges misconduct
	described by Section 21.006(b)(2);
	(2)  identified as having engaged in that misconduct
	using the interagency reportable conduct search engine established
	under Chapter 810, Health and Safety Code; or
	(3)  not certified under Subchapter B, Chapter 21, and
	is the subject of a complaint filed with the agency.
	(b)  On receiving a report filed under Section 22.093(f) or
	making an identification 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 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 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 21.006(b)(2)(A), (A-1),
	(A-2), (A-3), or (A-4), [22.093(c)(1)(A) or (B)], instruct the
	agency to add the person's name to the registry maintained under
	Section 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 21.006(b)(2)(A), (A-1), (A-2),
	(A-3), or (A-4), [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 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 21.006(b)(2)(A), (A-1), (A-2),
	(A-3), or (A-4), [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 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.  The commissioner shall follow sanction
	guidelines adopted by the State Board for Educator Certification
	for misconduct described by Section 21.006(b)(2)(A-2), (A-3), or
	(A-4).
	SECTION 13.  Subchapter C-1, Chapter 22, Education Code, is
	amended by adding Section 22.0941 to read as follows:
	Sec. 22.0941.  PLACEMENT ON REGISTRY OF INDIVIDUALS UNDER
	INVESTIGATION BY THE STATE BOARD FOR EDUCATOR CERTIFICATION. For
	any person the State Board for Educator Certification assigns a
	notice of an alleged incident of misconduct on the public
	certification records of that person under Section 21.007, the
	agency shall indicate on the registry under Section 22.092 that the
	person is under investigation for alleged misconduct.
	SECTION 14.  Section 22.095, Education Code, is amended to
	read as follows:
	Sec. 22.095.  INTERNET PORTAL. The agency shall develop and
	maintain an Internet portal through which:
	(1)  a report required under Sections [Section] 21.006,
	21.0062, 22.093[(f)] may be confidentially and securely filed;
	[and]
	(2)  complies with requirements adopted by the State Board
	for Educator Certification for filing reports under Sections 21.006
	and 21.0062;
	(3)  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).
	SECTION 15.  Section 22.096, Education Code is amended to
	read as follows:
	Sec. 22.096.  COMPLIANCE MONITORING. (a) The agency shall
	periodically [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 22.092(b).
	(b)  The agency shall review investigations conducted by
	educational entities involving allegations of misconduct described
	by Section 21.006(b)(2)(A), (A-1), (A-2), (A-3), or (A-4) to ensure
	they are conducted with appropriate investigative protocols,
	including when done in cooperation with law enforcement or the
	Department of Family and Protective Services as described in
	Section 38.004.  If the agency determines that appropriate
	investigative protocols are not followed, the agency may pursue
	actions under Section 39.003. The agency may investigate the
	allegations directly.
	SECTION 14.  Subchapter C-1, Chapter 22, Education Code, is
	amended by adding Section 22.097 to read as follows:
	Sec. 22.097.  REPORTING TO LAW ENFORCEMENT.  (a) If an
	allegation has not already been reviewed by law enforcement, the
	agency shall refer all cases to law enforcement that have resulted
	in placement on the registry under Section 22.092.
	(b)  The agency may refer any case, at any time, to law
	enforcement if the agency believes there is evidence of criminal
	conduct.
	(c)  The agency shall maintain a record of all referrals to
	law enforcement.
	SECTION 16.  Subchapter C-1, Chapter 22, Education Code, is
	amended by adding Section 22.098 to read as follows:
	Sec. 22.098.  CONFIDENTIALITY.  (a) Unless required by law,
	any complaint, statement, recording, note, file, record, memo, or
	report that is received, obtained, or created by the agency
	relating to the review or investigation of allegations involving a
	person to be placed on the registry under this subchapter is
	confidential and not subject to disclosure under Chapter 552,
	Government Code.
	(b)  Subsection (a) does not prohibit the release of
	information described under Subsection (a):
	1)  to provide a report as required under Subchapter B,
	Chapter 21 or Subchapter C-1, Chapter 22, or
	2)  in connection with an administrative or other legal
	proceeding brought under Chapter 2001 of the Government Code.
	SECTION 17.  Subchapter C-1, Chapter 22, Education Code, is
	amended by adding Section 22.099 to read as follows:
	Sec. 22.099.  REQUIRED MISCONDUCT REPORTING.  The agency
	shall, on a quarterly basis, report data regarding educator and
	other personnel misconduct under this chapter and Chapter 21.  The
	report shall be made available on the agency's website and include
	information by misconduct type.
	SECTION 18.  Section 39.003, 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 (l);
	(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:
	(A)  produce, at the request of the agency,
	evidence or an investigation report relating to an educator or
	individual who is under investigation by the State Board for
	Educator Certification or the agency; or
	(B)  timely submit a report relating to a person
	who should have been reported to the State Board for Educator
	Certification or the agency; or
	(17)  as the commissioner otherwise determines
	necessary.
	SECTION 19.  Section 261.308, Family Code, is amended by
	adding subsection (f) to read as follows:
	(f)  Release of completed reports to the Texas Education
	Agency or the State Board for Educator Certification shall be
	submitted through the Internet portal developed and maintained
	under Section 22.095, Education Code.
	SECTION 20.  Changes implemented by Section 22.094(c)(6)
	apply to board actions taken on or after September 1, 2025.
	SECTION 21.  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.