85R1843 GCB-D
	By: Dale	H.B. No. 218

	A BILL TO BE ENTITLED
	AN ACT
	relating to improper relationships between educators and students;
	creating a criminal offense and expanding the applicability of an
	existing offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 21.12, Penal Code, is amended by
	amending Subsection (a) and adding Subsection (e) to read as
	follows:
	(a)  An employee of a public or private primary or secondary
	school commits an offense if the employee:
	(1)  engages in sexual contact, sexual intercourse, or
	deviate sexual intercourse with a person who is enrolled in a public
	or private primary or secondary school at which the employee works;
	(2)  holds a position described by Section 21.003(a) or
	(b), Education Code, regardless of whether the employee holds the
	appropriate certificate, permit, license, or credential for the
	position, [a certificate or permit issued as provided by Subchapter
	B, Chapter 21, Education Code, or is a person who is required to be
	licensed by a state agency as provided by Section 21.003(b),
	Education Code,] and engages in sexual contact, sexual intercourse,
	or deviate sexual intercourse with a person the employee knows is[:
	[(A)]  enrolled in a public or private primary or
	secondary school other than a school described by Subdivision (1)
	[in the same school district as the school at which the employee
	works; or
	[(B)     a student participant in an educational
	activity that is sponsored by a school district or a public or
	private primary or secondary school, if:
	[(i)     students enrolled in a public or
	private primary or secondary school are the primary participants in
	the activity; and
	[(ii)     the employee provides education
	services to those participants]; or
	(3)  engages in conduct described by Section 33.021,
	with a person described by Subdivision (1), or a person the employee
	knows is a person described by Subdivision (2) [(2)(A) or (B)],
	regardless of the age of that person.
	(e)  With the consent of the appropriate local county or
	district attorney, the attorney general has concurrent
	jurisdiction with that consenting local prosecutor to prosecute an
	offense under this section.
	SECTION 2.  Article 42.018(a), Code of Criminal Procedure,
	is amended to read as follows:
	(a)  This article applies only:
	(1)  to conviction or deferred adjudication granted on
	the basis of[:
	[(A)] an offense under Title 5, Penal Code,[; or
	[(B) an offense on conviction of which a defendant
	is required to register as a sex offender under Chapter 62; and
	[(2)] if the victim of the offense is under 18 years of
	age; or
	(2)  to an offense for which a conviction or grant of
	deferred adjudication requires the defendant to register as a sex
	offender under Chapter 62.
	SECTION 3.  Section 21.006, Education Code, is amended by
	amending Subsections (b), (b-1), (c), (e), and (f) and adding
	Subsections (c-1) and (i) 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 or the principal of
	a school district or open-enrollment charter school campus shall
	notify the State Board for Educator Certification if:
	(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 and
	there is [based on] 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;
	(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 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 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.
	(b-1)  A superintendent or director of a school district or
	open-enrollment charter school or a principal of a school district
	or open-enrollment charter school campus shall complete an
	investigation of an educator that involves [is based on] evidence
	that 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, except as otherwise
	provided by Subsection (c-1), or the principal 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, or principal knew or should have
	known about an educator's [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.
	(c-1)  A principal of a school district or open-enrollment
	charter school campus who files a report under Subsection (c) must
	notify the superintendent of the district or the director of the
	school, as applicable, about the filing of the report. A
	superintendent or director who is notified that a principal
	employed by the district or school has filed a report under
	Subsection (c) is not required to file a report concerning the
	criminal record or alleged incident of misconduct addressed in the
	principal's report.
	(e)  A superintendent, [or] director, or principal who in
	good faith and while acting in an official capacity files a report
	with the State Board for Educator Certification under this section
	is immune from civil or criminal liability that might otherwise be
	incurred or imposed.
	(f)  The State Board for Educator Certification shall
	determine whether to impose sanctions against a superintendent,
	[or] director, or principal who fails to file a report in violation
	of Subsection (c).
	(i)  A superintendent, director, or principal required to
	file a report under Subsection (c) commits an offense if the
	superintendent, director, or principal knowingly fails to file the
	report by the date required by that subsection. An offense under
	this subsection is a Class A misdemeanor, except that the offense is
	a state jail felony if it is shown on the trial of the offense that
	the superintendent, director, or principal intended to conceal an
	educator's criminal record or alleged incident of misconduct.
	SECTION 4.  Subchapter A, Chapter 21, Education Code, is
	amended by adding Section 21.0061 to read as follows:
	Sec. 21.0061.  NOTICE TO PARENT OR GUARDIAN ABOUT EDUCATOR
	MISCONDUCT. (a) The board of trustees or governing body of a
	school district, open-enrollment charter school, regional
	education service center, or shared services arrangement shall
	adopt a policy under which notice is provided to the parent or
	guardian of a student with whom an educator is alleged to have
	engaged in misconduct described by Section 21.006(b)(2)(A) or (A-1)
	informing the parent or guardian:
	(1)  that the alleged misconduct occurred;
	(2)  whether the educator was terminated following an
	investigation of the alleged misconduct or resigned before
	completion of the investigation; and
	(3)  whether a report was submitted to the State Board
	for Educator Certification concerning the alleged misconduct.
	(b)  The policy required by this section must require that
	information specified by Subsection (a)(1) be provided as soon as
	feasible after the employing entity becomes aware that alleged
	misconduct may have occurred.
	SECTION 5.  Subchapter A, Chapter 21, Education Code, is
	amended by adding Section 21.009 to read as follows:
	Sec. 21.009.  PRE-EMPLOYMENT AFFIDAVIT. (a) An applicant for
	a position described by Section 21.003(a) or (b) with a school
	district, open-enrollment charter 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 charged with, accused of,
	adjudicated for, or convicted of having an inappropriate
	relationship with a minor.
	(b)  An applicant who answers affirmatively concerning an
	inappropriate relationship with a minor must disclose in the
	affidavit all relevant facts pertaining to the charge, accusation,
	adjudication, or conviction, including, for a charge or accusation,
	whether the charge or accusation was determined to be true or false.
	(c)  An applicant is not precluded from being employed based
	on a disclosed charge or accusation if the employing entity
	determines based on the information disclosed in the affidavit that
	the charge or accusation 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)  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 had been adjudicated for or convicted of
	having an inappropriate relationship with a minor.
	SECTION 6.  Sections 21.054(d) and (e), Education Code, are
	amended to read as follows:
	(d)  Continuing education requirements for a classroom
	teacher must provide that not more than 25 percent of the training
	required every five years include instruction regarding:
	(1)  collecting and analyzing information that will
	improve effectiveness in the classroom;
	(2)  recognizing early warning indicators that a
	student may be at risk of dropping out of school;
	(3)  integrating technology into classroom
	instruction; [and]
	(4)  educating diverse student populations, including:
	(A)  students with disabilities, including mental
	health disorders;
	(B)  students who are educationally
	disadvantaged;
	(C)  students of limited English proficiency; and
	(D)  students at risk of dropping out of school;
	and
	(5)  understanding appropriate relationships,
	boundaries, and communications between educators and students.
	(e)  Continuing education requirements for a principal must
	provide that not more than 25 percent of the training required every
	five years include instruction regarding:
	(1)  effective and efficient management, including:
	(A)  collecting and analyzing information;
	(B)  making decisions and managing time; and
	(C)  supervising student discipline and managing
	behavior;
	(2)  recognizing early warning indicators that a
	student may be at risk of dropping out of school;
	(3)  integrating technology into campus curriculum and
	instruction; [and]
	(4)  educating diverse student populations, including:
	(A)  students with disabilities, including mental
	health disorders;
	(B)  students who are educationally
	disadvantaged;
	(C)  students of limited English proficiency; and
	(D)  students at risk of dropping out of school;
	and
	(5)  preventing, recognizing, and reporting any sexual
	conduct between an educator and student that is prohibited under
	Section 21.12, Penal Code, or for which reporting is required under
	Section 21.006.
	SECTION 7.  The heading to Section 21.058, Education Code,
	is amended to read as follows:
	Sec. 21.058.  REVOCATION OF CERTIFICATE AND TERMINATION OF
	EMPLOYMENT BASED ON CONVICTION OF OR DEFERRED ADJUDICATION FOR
	CERTAIN OFFENSES.
	SECTION 8.  Sections 21.058(a) and (b), Education Code, are
	amended to read as follows:
	(a)  The procedures described by Subsections (b) and (c)
	apply only[:
	[(1)]  to conviction or deferred adjudication granted
	on the basis of:
	(1)  a felony offense under Title 5, Penal Code, [or an
	offense on conviction of which a defendant is required to register
	as a sex offender under Chapter 62, Code of Criminal Procedure; and
	[(2)]  if the victim of the offense is under 18 years of
	age; or
	(2)  an offense for which a defendant is required to
	register as a sex offender under Chapter 62, Code of Criminal
	Procedure.
	(b)  Notwithstanding Section 21.041(b)(7), not later than
	the fifth day after the date the board receives notice under Article
	42.018, Code of Criminal Procedure, of the conviction of or grant of
	deferred adjudication to a person who holds a certificate under
	this subchapter, the board shall:
	(1)  revoke the certificate held by the person; and
	(2)  provide to the person and to any school district or
	open-enrollment charter school employing the person at the time of
	revocation written notice of:
	(A)  the revocation; and
	(B)  the basis for the revocation.
	SECTION 9.  Subchapter B, Chapter 21, Education Code, is
	amended by adding Section 21.0581 to read as follows:
	Sec. 21.0581.  REVOCATION FOR ASSISTING PERSON WHO ENGAGED
	IN SEXUAL MISCONDUCT OBTAIN EMPLOYMENT. (a)  The board may suspend
	or revoke a certificate held by a person under this subchapter,
	impose other sanctions against the person, or refuse to issue a
	certificate to the person under this subchapter if:
	(1)  the person assists another person in obtaining
	employment at a school district or open-enrollment charter school,
	other than by the routine transmission of administrative and
	personnel files; and
	(2)  the person knew or should have known that the other
	person has previously engaged in sexual misconduct with a minor or
	student in violation of the law.
	(b)  The board may require a school district to revoke or
	decline to issue a school district teaching permit under Section
	21.055 issued to or requested by a person subject to board action
	under Subsection (a).
	SECTION 10.  Section 21.062(a), 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.
	SECTION 11.  Section 21.355, Education Code, is amended by
	amending Subsection (a) and adding Subsections (d) and (e) to read
	as follows:
	(a)  A document evaluating the performance of a teacher or
	administrator is confidential and is not subject to disclosure
	under Chapter 552, Government Code.
	(d)  A school district or open-enrollment charter school may
	give the agency a document evaluating the performance of a teacher
	or administrator employed by the district or school.
	(e)  Notwithstanding Subsection (a) and except as otherwise
	provided by a court order prohibiting disclosure, a document
	provided to the agency under Subsection (d) 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.
	SECTION 12.  Subchapter A, Chapter 38, Education Code, is
	amended by adding Section 38.027 to read as follows:
	Sec. 38.027.  ELECTRONIC COMMUNICATION POLICY. (a) In this
	section, "electronic communication" means any communication
	facilitated by the use of any electronic device, including a
	telephone, cellular telephone, computer, computer network,
	personal data assistant, or pager. The term includes e-mails, text
	messages, instant messages, and any communications made through an
	Internet website, including a social media website or a social
	networking website.
	(b)  A school district shall adopt a written policy
	concerning electronic communications between a school employee and
	a student enrolled in the district.
	(c)  The policy adopted under this section must include
	provisions designed to prevent improper electronic communications
	between a school employee and a student.
	SECTION 13.  Section 39.057(a), Education Code, is amended
	to read as follows:
	(a)  The commissioner may authorize special accreditation
	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; [or]
	(15)  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; or
	(16)  as the commissioner otherwise determines
	necessary.
	SECTION 14.  The change in law made by this Act to Section
	21.12, Penal Code, applies only to an offense committed on or after
	the effective date of this Act. An offense committed before the
	effective date of this Act is governed by the law in effect on the
	date the offense was committed, and the former law is continued in
	effect for that purpose. For purposes of this section, an offense
	was committed before the effective date of this Act if any element
	of the offense was committed before that date.
	SECTION 15.  This Act takes effect September 1, 2017.