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A BILL TO BE ENTITLED
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AN ACT
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relating to the disclosure of records produced in the course of an |
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investigation related to educator misconduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 21, Education Code, is |
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amended by adding Section 21.063 to read as follows: |
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Sec. 21.063. INVESTIGATION RECORDS. (a) A record produced |
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by the board in the course of an investigation involving an alleged |
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incident of educator misconduct, if the record is involving a |
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complaint determined to be groundless, is confidential and not |
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subject to disclosure under Chapter 552, Government Code. |
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(b) Notwithstanding Subsection (a) and except as otherwise |
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provided by a court order prohibiting disclosure, a record produced |
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by the board in the course of an investigation involving an alleged |
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incident of educator misconduct may be used in a disciplinary |
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proceeding against a teacher or administrator based on a report |
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submitted under Section 21.006 concerning an alleged incident of |
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misconduct, if permissible under rules of evidence applicable to a |
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contested case, as provided by Section 2001.081, Government Code. |
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The record remains confidential and not subject to disclosure under |
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Chapter 552, Government Code, unless it becomes a part of the record |
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in a contested case under Chapter 2001, Government Code. |
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SECTION 2. This Act takes effect September 1, 2017. |