Bill Text: TX SB2168 | 2017-2018 | 85th Legislature | Engrossed
Bill Title: Relating to the disclosure of records produced in the course of an investigation related to educator misconduct.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2017-05-16 - Referred to Public Education [SB2168 Detail]
Download: Texas-2017-SB2168-Engrossed.html
| By: Huffines | S.B. No. 2168 | |
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| relating to the disclosure of records produced in the course of an | ||
| investigation related to educator misconduct. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 21, Education Code, is | ||
| amended by adding Section 21.063 to read as follows: | ||
| Sec. 21.063. INVESTIGATION RECORDS. (a) A record produced | ||
| by the board in the course of an investigation involving an alleged | ||
| incident of educator misconduct, if the record is involving a | ||
| complaint determined to be groundless, is confidential and not | ||
| subject to disclosure under Chapter 552, Government Code. | ||
| (b) Notwithstanding Subsection (a) and except as otherwise | ||
| provided by a court order prohibiting disclosure, a record produced | ||
| by the board in the course of an investigation involving an alleged | ||
| incident of educator misconduct may be used in a disciplinary | ||
| proceeding against a teacher or administrator based on a report | ||
| submitted under Section 21.006 concerning an alleged incident of | ||
| misconduct, if permissible under rules of evidence applicable to a | ||
| contested case, as provided by Section 2001.081, Government Code. | ||
| The record remains confidential and not subject to disclosure under | ||
| Chapter 552, Government Code, unless it becomes a part of the record | ||
| in a contested case under Chapter 2001, Government Code. | ||
| SECTION 2. This Act takes effect September 1, 2017. | ||
