By: Hinojosa  S.B. No. 1058
         (In the Senate - Filed March 9, 2015; March 16, 2015, read
  first time and referred to Committee on Education; May 7, 2015,
  reported favorably by the following vote:  Yeas 6, Nays 3;
  May 7, 2015, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the reporting of criminal history record information of
  educators and other public school employees who engage in certain
  misconduct.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 21.006(b), (b-1), (c), and (d),
  Education Code, are amended to read as follows:
         (b)  In addition to the reporting requirement under Section
  261.101, Family Code, the superintendent or director of a school
  district, open-enrollment charter school, regional education
  service center, or shared services arrangement shall notify the
  State Board for Educator Certification if [the superintendent or
  director has reasonable cause to believe that]:
               (1)  an educator employed by or seeking employment by
  the district, school, service center, or shared services
  arrangement has a criminal record and the district, school, 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 district, school, 
  service center, or shared services arrangement was terminated based
  on evidence [a determination] 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;
                     (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.[, and its
  subsequent amendments];
                     (C)  illegally transferred, appropriated, or
  expended funds or other property of the district, school, 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 [reasonable]
  evidence [supports a recommendation by the superintendent or
  director to terminate the educator based on a determination] 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.
         (b-1)  A superintendent or director of a school district or
  open-enrollment charter school shall complete an investigation of
  an educator that is based on evidence that [reasonable cause to
  believe] the educator may have engaged in misconduct described by
  Subsection (b)(2)(A) or (A-1), despite the educator's resignation
  from district or school employment before completion of the
  investigation.
         (c)  The superintendent or director must notify the State
  Board for Educator Certification by filing a report with the board
  not later than the seventh day after the date the superintendent or
  director knew or should have known [first learns] about an
  employee's criminal record under Subsection (b)(1) or a termination
  of employment or resignation following an alleged incident of
  misconduct described by Subsection (b).  The report must be:
               (1)  in writing; and
               (2)  in a form prescribed by the board.
         (d)  The superintendent or director shall notify the board of
  trustees or governing body of the school district, open-enrollment
  charter school, regional education service center, or shared
  services arrangement and the educator of the filing of the report
  required by Subsection (c).
         SECTION 2.  Section 22.087, Education Code, is amended to
  read as follows:
         Sec. 22.087.  NOTIFICATION TO STATE BOARD FOR EDUCATOR
  CERTIFICATION. The superintendent of a school district or the
  director of an open-enrollment charter school, private school,
  regional education service center, or shared services arrangement
  shall promptly notify the State Board for Educator Certification in
  writing if:
               (1)  the person obtains or has knowledge of information
  showing that an applicant for or holder of a certificate issued
  under Subchapter B, Chapter 21, has a reported criminal history;
  and
               (2)  the person obtained the information by a means
  other than the criminal history clearinghouse established under
  Section 411.0845, Government Code.
         SECTION 3.  This Act takes effect September 1, 2015.
 
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