89R13384 MEW-D     By: Hinojosa of Hidalgo S.B. No. 2667       A BILL TO BE ENTITLED   AN ACT   relating to the reporting of private school educator misconduct;   providing an administrative penalty; creating a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 21.0061(a), Education Code, is amended   to read as follows:          (a)  The board of trustees or governing body of a school   district, district of innovation, private school, open-enrollment   charter school, other charter entity, 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) or Section 21.0062(b)(2)(A) or   (B), as applicable, 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.          SECTION 2.  Section 21.0062(a)(2), Education Code, is   amended to read as follows:                (2)  "Private school educator" means a person employed   by [or seeking employment in] a private school for a position in   which the person would be required to hold a certificate issued   under Subchapter B if the person were employed by a school district.          SECTION 3.  Section 21.0062, Education Code, is amended by   amending Subsections (b), (c), (d), and (e) and adding Subsections   (e-1), (e-2), (g-1), (g-2), (j), (k), and (l) to read as follows:          (b)  In addition to the reporting requirement under Section   261.101, Family Code, and except as provided by Subsection (e-1),   the chief administrative officer of a private school shall notify   the State Board for Educator Certification if:                (1)  a private school educator[:                [(1)]  or a person seeking employment at the school for   a position in which the person would be required to hold a   certificate issued under Subchapter B if the person were employed   by a school district has a criminal record and the [private] school   obtained information about the educator's criminal record; or                (2)  a private school educator resigned or was   terminated and there is evidence that the educator:                      (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;                      (C)  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.;                      (D)  illegally transferred, appropriated, or   expended funds or other property of the school;                      (E)  attempted by fraudulent or unauthorized   means to obtain or alter a professional certificate or license for   the purpose of promotion or additional compensation; or                      (F)  committed a criminal offense or any part of a   criminal offense on school property or at a school-sponsored event.          (c)  If there is evidence that a private school educator may   have engaged in misconduct described by Subsection (b)(2)(A) or   (B), the chief administrative officer of the private school shall   complete an investigation, regardless of whether [(b) and] the   educator resigns from employment before completion of the   investigation[, the chief administrative officer of the private   school shall submit the evidence of misconduct collected to the   State Board for Educator Certification].          (d)  Except as provided by Subsection (e-1), the [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 the seventh business day after the date the chief   administrative officer knew that a private school educator:                (1)  has a criminal record under Subsection (b)(1); or                (2)  was terminated following an alleged incident of   misconduct described by Subsection (b)(2).          (e)  The report filed under Subsection (d):                (1)  must be:                      (A) [(1)]  in writing; and                      (B) [(2)]  in a form prescribed by the board; and                (2)  may be filed through the Internet portal developed   and maintained by the State Board for Educator Certification under   Subsection (g-2).          (e-1)  The chief administrative officer of a private school   is not required to notify the State Board for Educator   Certification or file a report with the board under Subsection (b)   or (d) if the officer:                (1)  completes an investigation into a private school   educator's alleged incident of misconduct described by Subsection   (b)(2)(A) or (B) before the educator's termination of employment or   resignation; and                (2)  determines the private school educator did not   engage in the alleged incident of misconduct described by   Subsection (b)(2)(A) or (B).          (e-2)  The chief administrative officer shall notify the   governing body of the private school and the educator of the filing   of the report required by Subsection (d).          (g-1)  The State Board for Educator Certification shall   determine whether to impose sanctions, including an administrative   penalty under Subsection (j), against a chief administrative   officer who fails to file a report in violation of Subsection (d).          (g-2)  The State Board for Educator Certification shall   develop and maintain an Internet portal through which a report   required under Subsection (d) may be confidentially and securely   filed.          (j)  If an educator serving as a chief administrative officer   is required to file a report under Subsection (d) and fails to file   the report by the date required by that subsection, the State Board   for Educator Certification may impose on the educator an   administrative penalty of not less than $500 and not more than   $10,000. The State Board for Educator Certification may not renew   the certification of an educator against whom an administrative   penalty is imposed under this subsection until the penalty is paid.           (k)  A chief administrative officer required to file a report   under Subsection (d) commits an offense if the officer fails to file   the report by the date required by that subsection with intent to   conceal a private school educator's criminal record or alleged   incident of misconduct. An offense under this subsection is a state   jail felony.          (l)  The commissioner may review the records of a private   school to ensure compliance with the requirement to report   misconduct under this section.          SECTION 4.  Subchapter A, Chapter 21, Education Code, is   amended by adding Section 21.0063 to read as follows:          Sec. 21.0063.  ACCESS TO REPORTS OF ALLEGED   MISCONDUCT.  (a)  In this section, "educator" includes a person   defined as a private school educator under Section 21.0062(a).          (b)  The State Board for Educator Certification shall   provide private schools and public schools equivalent access to   reports made under this subchapter concerning the criminal record   or alleged misconduct of an educator.          SECTION 5.  This Act takes effect September 1, 2025.