By: Toth H.B. No. 4206       A BILL TO BE ENTITLED   AN ACT   relating to the creation of the office of inspector general for   education at the Texas Education Agency to investigate the   administration of public education and required reporting on   misconduct by employees of certain educational entities; creating a   criminal offense; increasing an administrative penalty;   authorizing an administrative penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 7, Education Code, is amended by adding   Subchapter E to read as follows:   SUBCHAPTER E. OFFICE OF INSPECTOR GENERAL FOR EDUCATION          Sec. 7.151.  DEFINITIONS. In this subchapter:                (1)  "Inspector general" means the inspector general   for education appointed under this subchapter.                (2)  "Office" means the office of inspector general for   education established under this subchapter.          Sec. 7.152.  OFFICE OF INSPECTOR GENERAL FOR EDUCATION. (a)   The office of inspector general for education is established as a   separate and independent division within the agency. The office   shall operate independently in performing the office's duties under   this subchapter, and the agency may not maintain control of or a   vested interest in or exert influence over the office.          (b)  The board shall, by a vote of at least two-thirds of   board members and subject to the advice and consent of the senate,   appoint an inspector general to serve as director of the office.          (c)  The appointment of inspector general shall be made   without regard to political affiliation. To be eligible for   appointment as inspector general, a person must be:                (1)  certified as an inspector general investigator by   the Association of Inspectors General or possess an equivalent   credential as determined by that association; and                (2)  qualified, by experience or education, in:                      (A)  at least one of the following areas of   primary expertise:                            (i)  the practice of law;                            (ii)  fraud investigation; or                            (iii)  the operations of an inspector   general; and                      (B)  at least two of the following areas of   secondary expertise:                            (i)  whistleblower investigations;                            (ii)  criminal investigations;                            (iii)  auditing;                            (iv)  government operations;                            (v)  financial analysis; or                            (vi)  operation management analysis.          (d)  The inspector general serves for a term of four years   and continues to serve until a successor has been appointed. The   inspector general may be reappointed for subsequent terms.          (e)  If a vacancy occurs in the position of inspector general   and has remained unfilled for more than 60 days, the governor may   appoint an interim inspector general to serve until a successor is   appointed.          (f)  The inspector general may be removed by the board by a   vote of at least two-thirds of board members for:                (1)  substantiated malfeasance or gross misfeasance in   office;                (2)  evidence of persistent failure to perform the   duties of the office; or                (3)  substantiated conduct prejudicial to the proper   administration of justice.          (g)  The inspector general shall be compensated under Salary   Schedule C of the General Appropriations Act.          Sec. 7.153.  ADMINISTRATIVE POWERS AND DUTIES. (a) The   inspector general may employ professional staff, investigators,   and other personnel, including peace officers, as necessary for the   office to perform its duties.          (b)  The inspector general shall supervise all personnel   employed by the office.          (c)  The inspector general shall adopt a professional code of   conduct and ethics for all office employees that ensures the office   maintains the highest standards of integrity, impartiality, and   confidentiality.          (d)  The inspector general and each office employee is   subject to all applicable state laws regarding ethics and conflicts   of interest, including the nepotism prohibitions under Chapter 573,   Government Code. The board shall adopt protocols for the office to   ensure the office's compliance with all applicable laws.          (e)  The agency shall provide administrative, logistical,   and financial support to the office as necessary to facilitate the   successful and impartial operation of the office without prejudice   or undue influence on the office's functions, powers, or duties.          Sec. 7.154.  GENERAL RESPONSIBILITIES. (a) The office   shall:                (1)  perform inspections, evaluations, and reviews and   provide quality control for investigations initiated by the agency;                (2)  investigate complaints and allegations of:                      (A)  fraud, waste, or abuse of agency money;                      (B)  employee misconduct described by Section   21.006(b)(2)(A) or (A-1) or 22.093(c)(1)(A) or (B); or                      (C)  conduct by an employee of the agency that:                            (i)  threatens the safety of public school   students in this state; or                            (ii)  demonstrates negligence,   incompetence, misfeasance, or malfeasance;                (3)  cooperate with and coordinate investigative   efforts with law enforcement and, if a preliminary investigation   establishes a sufficient basis for referral to law enforcement,   refer the matter to the appropriate local law enforcement agency,   prosecuting attorney, or federal law enforcement agency; and                (4)  perform all other duties required under the   memorandum of understanding entered into under Section 7.157.          (b)  If the office is unable to investigate a complaint or   allegation because of a conflict of interest, the office shall   refer the complaint or allegation to the attorney general for   referral to another investigative entity.          Sec. 7.155.  GENERAL POWERS. (a) In conducting an   investigation under Section 7.154(a)(2), the inspector general   may:                (1)  issue letters of spoliation to any person who may   possess or control evidence relevant to an investigation;                (2)  subpoena any person or evidence;                (3)  administer oaths;                (4)  take and certify affidavits;                (5)  take depositions and other testimony; and                (6)  access all records produced or maintained by an   entity that is the subject of the investigation.          (b)  A letter of spoliation issued under Subsection (a) must:                (1)  identify the specific evidence relevant to the   investigation;                (2)  explain the importance of preserving the evidence;   and                (3)  inform the letter recipient of the potential legal   consequences of failing to preserve evidence subject to the letter.          (c)  An entity that is the subject of an investigation shall   provide access to any record requested by the inspector general not   later than the 30th day after the date on which the inspector   general notifies the entity of the request.          (d)  If a person fails to comply with a subpoena issued under   Subsection (a), the inspector general, acting through the attorney   general, may file suit to enforce the subpoena in a district court   in this state. On a finding that good cause exists for issuing the   subpoena, the court shall order the person to comply with the   subpoena and may punish a person who fails to obey the court order.          (e)  In addition to the inspector general's powers under   Subsection (d), the inspector general may coordinate with a local   law enforcement agency or the attorney general to seek a court order   to compel the preservation of evidence or obtain access to relevant   documents or information.          Sec. 7.156.  DUTY TO INVESTIGATE EMPLOYEE MISCONDUCT;   REFERRAL OF FINDINGS OF MISCONDUCT. (a) Notwithstanding Section   21.062, the office has the exclusive duty and responsibility to   investigate allegations of employee misconduct described by   Section 21.006(b)(2)(A) or (A-1) or 22.093(c)(1)(A) or (B).          (b)  Not later than the 120th day after the date on which an   investigation by the office into employee misconduct described by   Section 21.006(b)(2)(A) or (A-1) or 22.093(c)(1)(A) or (B) results   in a substantiated finding of misconduct, the inspector general   shall refer the findings for appropriate administrative action to:                (1)  if the employee who engaged in the misconduct is an   educator, the State Board for Educator Certification; or                (2)  if the employee who engaged in the misconduct is   not an educator, the commissioner.          (c)  The State Board for Educator Certification or   commissioner, as applicable, shall determine the appropriate   administrative action to take under Subsection (b) based on the   applicable state law and rules governing standards for   certification and employee conduct.          (d)  The inspector general shall adopt rules to implement   this section in accordance with Chapter 552, Government Code.          Sec. 7.157.  MEMORANDUM OF UNDERSTANDING; REPORT. (a) The   inspector general, board, and attorney general shall enter into a   memorandum of understanding to develop and implement procedures   regarding allegations of fraud, waste, or abuse of agency money or   other violations of state or federal law. The memorandum of   understanding shall require:                (1)  the inspector general and attorney general to:                      (A)  set priorities and guidelines regarding the   referral of matters from the inspector general to the attorney   general, including allegations of conduct that would constitute a   violation of or an offense under any of the following provisions:                            (i)  Section 21.006, 22.093, or 38.004,   Education Code;                            (ii)  Section 261.101, Family Code; or                            (iii)  Section 21.08, 21.11, 21.12, 21.15,   21.16, 22.04, 33.021, 43.25, or 43.26, Penal Code; and                      (B)  provide to the legislature for the purpose of   improving state law any requested information regarding a matter   that has been investigated and resolved under this subchapter;                (2)  the inspector general to:                      (A)  refer to the attorney general an allegation   of fraud, waste, or abuse of agency money or other violation of   state law over which the attorney general has jurisdiction not   later than the 20th business day after the date on which the   allegation is substantiated; and                      (B)  keep detailed records regarding matters   handled by the office or referred to the attorney general,   including the total number of matters handled and with respect to   each matter:                            (i)  the entity, and, if applicable, the   division within the entity, to which the matter was referred;                            (ii)  the date on which the matter was   referred; and                            (iii)  the nature of the alleged fraud,   waste, or abuse of agency money or the provision of law that was   allegedly violated;                (3)  the attorney general to:                      (A)  take appropriate action on each matter   referred from the inspector general under Subdivision (2); and                      (B)  notify the inspector general of the   disposition of each matter referred to the attorney general,   including matters that the attorney general declined to prosecute;   and                (4)  representatives from the office of inspector   general and the office of the attorney general to meet at least   quarterly to share information regarding allegations under this   subchapter and to ensure the appropriate entities are investigating   each matter.          (b)  Information exchanged between the inspector general,   board, attorney general, and legislature under this section does   not affect the confidentiality of the information under Chapter   552, Government Code.          (c)  Not later than January 31 of each year, the inspector   general, board, and attorney general shall submit to the governor,   lieutenant governor, and speaker of the house of representatives a   report regarding the actions taken by each entity in relation to   this subchapter during the preceding calendar year. A report   required under this subsection may be consolidated with any other   report relating to the same subject matter that the entity is   required to submit under other law.          Sec. 7.158.  FEES. The inspector general, board, or   attorney general may not assess or collect from a state agency any   investigation or attorney's fees relating to an action taken under   this subchapter unless the attorney general or a state agency   collects or receives a penalty fee, restitution, or other type of   monetary reimbursement to the state related to the action.          Sec. 7.159.  DATABASE. The office shall develop and   maintain a database containing information regarding all   complaints, allegations, investigations, reviews, inspections, and   evaluations made to or conducted by the office. The database must   contain the following information concerning each complaint,   allegation, investigation, review, inspection, or evaluation, as   applicable:                (1)  the date on which the complaint or allegation was   received or the investigation, review, inspection, or evaluation   was completed;                (2)  the date on which the person who filed the   complaint or made the allegation was notified that the office   received the complaint or allegation;                (3)  the name of the person filing the complaint or   making the allegation;                (4)  the name of each educational entity and campus   facility involved in the complaint or allegation;                (5)  the subject matter of the complaint, allegation,   investigation, review, inspection, or evaluation;                (6)  the name of each person contacted by the office as   part of the investigation, review, inspection, or evaluation;                (7)  a summary of each action taken in response to or as   part of the complaint, allegation, investigation, review,   inspection, or evaluation; and                (8)  if the inspector general makes a determination not   to investigate or recommend corrective action in response to the   complaint or allegation, the reason for that determination.          Sec. 7.160.  CONFIDENTIALITY; DISCLOSURE OF PERSONALLY   IDENTIFYING INFORMATION. (a) Except as otherwise provided by this   section, all reports, documents, and records of the office are   confidential and not subject to disclosure under Chapter 552,   Government Code.          (b)  The office may not disclose the name or any other   personally identifiable information of a person who files a   complaint with or makes an allegation to the office or who is a   witness in an investigation unless the inspector general:                (1)  obtains the written consent of the person; or                (2)  determines during the course of an investigation   that disclosure of the information is necessary and unavoidable.          (c)  If the inspector general makes the determination   described by Subsection (b)(2), the inspector general shall notify   each person whose information will be disclosed not later than the   seventh business day before the disclosure.          Sec. 7.161.  SEMIANNUAL REPORT. (a) The inspector general   shall prepare and submit semiannually to the governor,   commissioner, board, and legislature a report on the office's   findings related to all investigations, reviews, inspections,   evaluations, and other actions conducted or taken by the office   during the preceding six months. The report may not include   findings related to an ongoing investigation involving possible   criminal conduct, and any personally identifying information must   be redacted from the report.          (b)  A report under this section is confidential and not   subject to disclosure under Chapter 552, Government Code.          Sec. 7.162.  INTERFERENCE PROHIBITED; OFFENSE. (a) An   elected official, a legislative body, the commissioner, the board,   or any other person may not impede, interfere with, or inhibit the   inspector general from initiating, conducting, or completing an   investigation, review, inspection, or evaluation or another power   granted to the office under this subchapter.          (b)  A person commits an offense if the person knowingly:                (1)  interferes with an investigation, review,   inspection, or evaluation conducted by the office; or                (2)  with the intent to deceive, makes a false   statement that is material to an investigation, review, inspection,   or evaluation conducted by the office.          (c)  An offense under this section is a Class B misdemeanor.          (d)  The inspector general shall refer to the attorney   general, in accordance with the memorandum of understanding entered   into under Section 7.157, any conduct that may constitute a   violation of or an offense under this section.          SECTION 2.  Section 21.006(a), Education Code, is amended by   adding Subdivisions (1-a) and (1-b) to read as follows:                (1-a)  "Inspector general" means the inspector general   for education appointed under Subchapter E, Chapter 7.                (1-b)  "Office of inspector general" means the office   of inspector general for education established under Subchapter E,   Chapter 7.          SECTION 3.  Section 21.006, Education Code, is amended by   amending Subsections (b), (b-1), (b-2), (c), (d), (e), (f), (h),   (i), and (k) and adding Subsections (b-3) and (e-1) to read as   follows:          (b)  In addition to the reporting requirement under Section   261.101, Family Code, [and except as provided by Subsection (c-2),]   the superintendent or director of a school district, district of   innovation, open-enrollment charter school, other charter entity,   regional education service center, or shared services arrangement   shall notify the State Board for Educator Certification in   accordance with Subsection (c) if:                (1)  an educator employed by or seeking employment by   the school district, district of innovation, charter school, other   charter entity, service center, or shared services arrangement has   a criminal record and the school district, district of innovation,   charter school, other charter entity, 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 school district,   district of innovation, charter school, other charter entity,   service center, or shared services arrangement was terminated and   there is 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 school district, district   of innovation, charter school, other charter entity, 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);                (4)  an investigation into misconduct by the educator   described by Subdivision (2) resulted in a substantiated finding   that the educator engaged in the misconduct;                (5)  the educator pleaded guilty or nolo contendere to,   was convicted of, or was placed on deferred adjudication community   supervision for an offense arising out of an incident of misconduct   described by Subdivision (2); or                (6) [(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,   district of innovation, open-enrollment charter school, other   charter entity, regional education service center, or shared   services arrangement or a county board of school trustees may not:                (1)  investigate an allegation that [shall complete an   investigation of] an educator [that involves evidence that the   educator] may have engaged in misconduct described by Subsection   (b)(2)(A) or (A-1); or                (2)  make any determination concerning whether an   investigation into an alleged incident of misconduct described by   Subsection (b) should be conducted by the office of inspector   general [, despite the educator's resignation from employment   before completion of the investigation].          (b-2)  The principal of a school district, district of   innovation, open-enrollment charter school, or other charter   entity campus must notify the superintendent or director of the   school district, district of innovation, charter school, or other   charter entity not later than the second [seventh] business day   after the date:                (1)  of an educator's termination of employment or   resignation following an alleged incident of misconduct described   by Subsection (b); [or]                (2)  the principal knew about an educator's criminal   record under Subsection (b)(1);                (3)  the principal was notified of a substantiated   finding of misconduct or a plea of guilty or nolo contendere to,   conviction of, or placement on deferred adjudication community   supervision for an offense arising out of the alleged incident of   misconduct as described by Subsection (b)(4) or (5); or                (4)  the principal was notified or otherwise knew about   an allegation of misconduct described by Subsection (b)(2)(A) or   (A-1) that was referred to the office of inspector general.          (b-3)  The superintendent or director of a school district,   district of innovation, open-enrollment charter school, other   charter entity, regional education service center, or shared   services arrangement or a county board of school trustees shall   notify the office of inspector general not later than 24 hours after   the date the superintendent or director becomes aware that an   educator is alleged to have engaged in misconduct described by   Subsection (b)(2)(A) or (A-1).          (c)  The [Except as provided by Subsection (c-2), the]   superintendent or director must notify the State Board for Educator   Certification as required by Subsection (b) by filing a report with   the board not later than the second [seventh] business day after the   date the superintendent or director:                (1)  receives notice [a report] from a principal under   Subsection (b-2);                (2)  [or] knew about an educator's termination of   employment or resignation following an alleged incident of   misconduct described by Subsection (b) or an employee's criminal   record under Subsection (b)(1); or                (3)  is notified of a substantiated finding of   misconduct or a plea of guilty or nolo contendere to, conviction of,   or placement on deferred adjudication community supervision for an   offense arising out of the alleged incident of misconduct as   described by Subsection (b)(4) or (5).          (d)  Not later than the second business day after the date on   which the superintendent or director files a report required by   Subsection (c), the [The] superintendent or director shall notify   the board of trustees or governing body of the school district,   open-enrollment charter school, other charter entity, regional   education service center, or shared services arrangement and the   educator of the filing of the report [required by Subsection (c)].          (e)  Except as provided by Subsection (e-1), a [A]   superintendent, director, or principal of a school district,   district of innovation, open-enrollment charter school, other   charter entity, regional education service center, or shared   services arrangement who in good faith and while acting in an   official capacity provides notice to the office of inspector   general under Subsection (b-3) or files a report with the State   Board for Educator Certification under this section or communicates   with another superintendent, director, or principal concerning an   educator's criminal record or alleged incident of misconduct is   immune from civil or criminal liability that might otherwise be   incurred or imposed.          (e-1)  A superintendent, director, or principal of a school   district, district of innovation, open-enrollment charter school,   other charter entity, regional education service center, or shared   services arrangement is not immune from civil or criminal liability   that might otherwise be incurred or imposed if the superintendent,   director, or principal violates Subsection (b-1), (b-2), or (b-3)   or Section 22.0931.          (f)  The State Board for Educator Certification shall   determine whether to impose sanctions, including an administrative   penalty under Subsection (i), against a principal who fails to   provide notification to a superintendent or director in violation   of Subsection (b-2) or against a superintendent or director who   violates [fails to file a report in violation of] Subsection (b-1),   (b-3), or (c) or Section 22.0931.          (h)  The name of the campus and school district, district of   innovation, open-enrollment charter school, other charter entity,   regional education service center, or shared services arrangement   at which the alleged incident of misconduct occurred and the name of   a student or minor who is the victim of abuse or unlawful conduct by   an educator must be included in a report filed under this section,   but the name of the student or minor is not public information under   Chapter 552, Government Code.          (i)  If an educator serving as a superintendent or director   is required to provide notice under Subsection (b-3) or Section   22.0931 or file a report under Subsection (c) of this section and   fails to provide notice or file the report by the date required by   the applicable provision [that subsection], or if an educator   serving as a principal is required to notify a superintendent or   director about an educator's criminal record or alleged incident of   misconduct under Subsection (b-2) and fails to provide the notice   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 $1,000 [$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.  In   addition to the administrative penalty, the State Board for   Educator Certification may:                (1)  require the educator to complete additional   training on child abuse reporting and recognition within a time   period set by the board;                (2)  issue a formal written reprimand of the educator   to be included in the educator's certification record;                (3)  suspend the educator's certification for a period   of not less than 30 days and not more than six months; or                (4)  recommend that the educator's employing entity   terminate the educator's employment.          (k)  The commissioner shall routinely [may] review the   records of a school district, district of innovation,   open-enrollment charter school, other charter entity, regional   education service center, or shared services arrangement to ensure   compliance with the requirement to report misconduct under this   section.          SECTION 4.  Section 22.093, Education Code, is amended by   amending Subsections (a), (c), (d), (e), (f), (g), (h), (i), (j),   and (l) and adding Subsections (e-1), (f-1), and (h-1) to read as   follows:          (a)  In this section:                (1)  "Abuse" [, "abuse"] has the meaning assigned by   Section 261.001, Family Code, and includes any sexual conduct   involving a student or minor.                (2)  "Inspector general" and "office of inspector   general" have the meanings assigned by Section 21.006.          (c)  In addition to the reporting requirement under Section   261.101, Family Code, the superintendent or director of a school   district, district of innovation, open-enrollment charter school,   other charter entity, regional education service center, or shared   services arrangement shall notify the commissioner in accordance   with Subsection (f) if:                (1)  an employee's employment at the school district,   district of innovation, charter school, other charter entity,   service center, or shared services arrangement was terminated and   there is evidence that the employee:                      (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 district, district   of innovation, charter school, other charter entity, service   center, or shared services arrangement;                      (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;   [or]                (2)  the employee resigned and there is evidence that   the employee engaged in misconduct described by Subdivision (1);                (3)  an employee employed by or seeking employment by   the school district, district of innovation, charter school, other   charter entity, service center, or shared services arrangement   obtained information about the employee's criminal record by a   means other than the criminal history clearinghouse established   under Section 411.0845, Government Code;                (4)  an investigation into misconduct by the employee   described by Subdivision (1) resulted in a substantiated finding   that the employee engaged in the misconduct; or                (5)  the employee pleaded guilty or nolo contendere to,   was convicted of, or was placed on deferred adjudication community   supervision for an offense arising out of an incident of misconduct   described by Subdivision (1).          (d)  A superintendent or director of a school district,   district of innovation, open-enrollment charter school, other   charter entity, regional education service center, or shared   services arrangement or a county board of school trustees may not:                (1)  investigate an allegation that [shall complete an   investigation of] an employee [that involves evidence that the   employee] may have engaged in misconduct described by Subsection   (c)(1)(A) or (B); or                (2)  make any determination concerning whether an   investigation into an alleged incident of misconduct described by   Subsection (c) should be conducted by the office of inspector   general [, despite the employee's resignation from employment   before completion of the investigation].          (e)  The principal of a school district, district of   innovation, open-enrollment charter school, or other charter   entity campus must notify the superintendent or director of the   school district, district of innovation, charter school, or other   charter entity not later than the second [seventh] business day   after the date:                (1)  of an employee's termination of employment or   resignation following an alleged incident of misconduct described   by Subsection (c)(1)(A) or (B);                (2)  the principal knew about an employee's criminal   record under Subsection (c)(3);                (3)  the principal was notified of a substantiated   finding of misconduct or a plea of guilty or nolo contendere to,   conviction of, or placement on deferred adjudication community   supervision for an offense arising out of the alleged incident of   misconduct as described by Subsection (c)(4) or (5); or                (4)  the principal was notified of or otherwise knew   about an allegation of misconduct described by Subsection (c)(1)(A)   or (B) that was referred to the office of inspector general.          (e-1)  The superintendent or director of a school district,   district of innovation, open-enrollment charter school, other   charter entity, regional education service center, or shared   services arrangement or a county board of school trustees shall   notify the office of inspector general not later than 24 hours after   the date the superintendent becomes aware that an employee is   alleged to have engaged in misconduct described by Subsection   (c)(1)(A) or (B).          (f)  The superintendent or director must notify the   commissioner as required by Subsection (c) by filing a report with   the commissioner not later than the second [seventh] business day   after the date the superintendent or director:                (1)  receives notice [a report] from a principal under   Subsection (e);                (2)  [or] knew about an employee's termination of   employment or resignation following an alleged incident of   misconduct described by Subsection (c)(1)(A) or (B); or                (3)  is notified of a substantiated finding of   misconduct or a plea of guilty or nolo contendere to, conviction of,   or placement on deferred adjudication community supervision for an   offense arising out of the alleged incident of misconduct as   described by Subsection (c)(4) or (5).          (f-1)  The report under Subsection (f) must be:                (1)  in writing; and                (2)  in a form prescribed by the commissioner.          (g)  Not later than the second business day after the date on   which the superintendent or director files a report required by   Subsection (f), the [The] superintendent or director shall notify   the board of trustees or governing body of the school district,   district of innovation, open-enrollment charter school, other   charter entity, regional education service center, or shared   services arrangement and the employee of the filing of the report   [required by Subsection (f)].          (h)  Except as provided by Subsection (h-1), a [A]   superintendent or director who in good faith and while acting in an   official capacity provides notice to the office of inspector   general under Subsection (e-1) or files a report with the   commissioner under Subsection (f) or a principal who in good faith   and while acting in an official capacity notifies a superintendent   or director under Subsection (e) is immune from civil or criminal   liability that might otherwise be incurred or imposed.          (h-1)  A superintendent, director, or principal of a school   district, district of innovation, open-enrollment charter school,   other charter entity, regional education service center, or shared   services arrangement is not immune from civil or criminal liability   that might otherwise be incurred or imposed if the superintendent,   director, or principal violates Subsection (d), (e), or (e-1) or   Section 22.0931.          (i)  The commissioner shall refer to the State Board for   Educator Certification an educator who violates [fails to file a   report in violation of] Subsection (d), (e), (e-1), or (f) or   Section 22.0931 [to the State Board for Educator Certification],   and the board shall determine whether to impose sanctions against   the educator. The State Board for Educator Certification may   impose on the educator an administrative penalty of not less than   $1,000 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.  In addition to the   administrative penalty, the State Board for Educator Certification   may:                (1)  require the educator to complete additional   training on child abuse reporting and recognition within a time   period set by the board;                (2)  issue a formal written reprimand of the educator   to be included in the educator's certification record;                (3)  suspend the educator's certification for a period   of not less than 30 days and not more than six months; or                (4)  recommend that the educator's employing entity   terminate the educator's employment.          (j)  The name of the campus and school district, district of   innovation, open-enrollment charter school, other charter entity,   regional education service center, or shared services arrangement   at which the alleged incident of misconduct occurred and the name of   a student or minor who is the victim of abuse or unlawful conduct by   an employee must be included in a report filed under this section,   but the name of the student or minor is not public information under   Chapter 552, Government Code.          (l)  The commissioner shall routinely [may] review the   records of a school district, district of innovation,   open-enrollment charter school, other charter entity, regional   education service center, or shared services arrangement to ensure   compliance with the requirement to report misconduct under this   section.          SECTION 5.  Section 21.0061, Education Code, is transferred   to Subchapter C-1, Chapter 22, Education Code, redesignated as   Section 22.0931, Education Code, and amended to read as follows:          Sec. 22.0931  [21.0061].  NOTICE AND PROVISION OF   INVESTIGATIVE REPORT TO PARENT OR GUARDIAN ABOUT EMPLOYEE   [EDUCATOR] MISCONDUCT; TRANSFER OF STUDENT.  (a) The board of   trustees or governing body of a school district, district of   innovation, open-enrollment charter school, other charter entity,   regional education service center, or shared services arrangement   or a county board of school trustees shall adopt a policy under   which notice is provided to the parent or guardian of a student with   whom an employee [educator] is alleged to have engaged in   misconduct described by Section 21.006(b)(2)(A) or (A-1) or   22.093(c)(1)(A) or (B) informing the parent or guardian:                (1)  that the alleged misconduct occurred;                (2)  whether the employee [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 or commissioner concerning the alleged   misconduct.          (b)  The policy required by this section:                (1)  must require that information specified by   Subsection (a)(1) be provided verbally and in writing to the parent   or guardian not later than the end of the business day on which [as   soon as feasible after] the employing entity becomes aware that   alleged misconduct may have occurred; and                (2)  may establish procedures for providing the   notification by the least intrusive methods and including options   of care for the student.          (c)  Not later than the 120th day after the date on which the   office of inspector general concludes an investigation of an   alleged incident of misconduct described by Section   21.006(b)(2)(A) or (A-1) or 22.093(c)(1)(A) or (B), the inspector   general shall provide to the parent or guardian of the student with   whom the employee was alleged to have engaged in the misconduct a   redacted summary report of the investigation, regardless of whether   the inspector general referred the matter to the attorney general   or another law enforcement agency. The inspector general shall   adopt rules to implement this section in accordance with Chapter   552, Government Code.          (d)  On request of a parent or guardian of a student with whom   an employee is alleged to have engaged in misconduct described by   Section 21.006(b)(2)(A) or (A-1) or 22.093(c)(1)(A) or (B), the   school district, district of innovation, open-enrollment charter   school, or other charter entity at which the student is enrolled   shall transfer the student to another district or school campus or a   neighboring school district.  The district, school, or entity shall   explore options to provide at no expense to the student   transportation to and from the campus to which the student is   transferred.          (e) [(c)]  In this section, "inspector general," "office of   inspector general," and "other charter entity" have [has] the   meanings [meaning] assigned by Section 21.006.          SECTION 6.  Subchapter C-1, Chapter 22, Education Code, is   amended by adding Sections 22.0932 and 22.098 to read as follows:          Sec. 22.0932.  REFERRAL OF EMPLOYEE MISCONDUCT ALLEGATIONS   TO OFFICE OF INSPECTOR GENERAL.  (a) In this section, "office of   inspector general" has the meaning assigned by Section 21.006.          (b)  Not later than 24 hours after receipt of an allegation   of misconduct described by Section 21.006(b)(2)(A) or (A-1) or   22.093(c)(1)(A) or (B) by an employee of a school district,   district of innovation, open-enrollment charter school, other   charter entity, regional education service center, or shared   services arrangement, the agency shall refer the allegation to the   office of inspector general.          (c)  Not later than the second business day after the agency   refers an allegation under Subsection (b), the agency shall notify   the person who submitted the allegation to the agency of the   referral.          Sec. 22.098.  RETALIATION FOR REPORTING EMPLOYEE MISCONDUCT   PROHIBITED.  (a) For purposes of this section, an act of   retaliation includes:                (1)  an adverse action affecting:                      (A)  the enrollment, attendance, or academic   standing of a student; or                      (B)  the employment or volunteering opportunities   available to a parent or guardian of a student at the educational   entity; and                (2)  any act of intimidation, threat, coercion, or   harassment.          (b)  The superintendent or director of a school district,   district of innovation, open-enrollment charter school, other   charter entity, regional education service center, or shared   services arrangement or a county board of school trustees may not   retaliate against an employee, a parent or guardian of a student, or   a student who:                (1)  reports an alleged incident of misconduct   described by Section 21.006(b) or 22.093(c); or                (2)  testifies, assists, or participates in any manner   in an investigation or proceeding related to an alleged incident of   misconduct described by Section 21.006(b) or 22.093(c).          SECTION 7.  Section 22.094, Education Code, is amended by   amending Subsections (b), (d), (e), (f), and (g) and adding   Subsection (i) to read as follows:          (b)  On receiving a report filed under Section 22.093(f) or   making an identification described by Subsection (a), the   commissioner shall promptly send to the person who is the subject of   the report or identification a notice that includes:                (1)  a statement informing the person that the person   must request a hearing on the merits of the allegations of   misconduct within the period provided by Subsection (c);                (2)  a request that the person submit a written   response within the period provided by Subsection (c) to show cause   why the office of inspector general [commissioner] should not   pursue an investigation; and                (3)  a statement informing the person that if the   person does not timely submit a written response to show cause as   provided by Subdivision (2), the agency shall provide information   indicating the person is under investigation in the manner provided   by Subsection (d).          (d)  If a person who receives notice provided under   Subsection (b) does not timely submit a written response to show   cause why the office of inspector general [commissioner] should not   pursue an investigation, the commissioner shall instruct the agency   to make available through the Internet portal developed and   maintained by the agency under Section 22.095 information   indicating that the person is under investigation for alleged   misconduct.          (e)  If a person entitled to a hearing under Subsection (a)   does not request a hearing as provided by Subsection (c), the   inspector general [commissioner] shall:                (1)  based on the report filed under Section 22.093(f)   or the identification described by Subsection (a) and the office of   inspector general's investigation, make a determination whether   the person engaged in misconduct; and                (2)  if the inspector general [commissioner]   determines that the person engaged in misconduct described by   Section 22.093(c)(1)(A) or (B), instruct the agency to add the   person's name to the registry maintained under Section 22.092.          (f)  If a person entitled to a hearing under Subsection (a)   requests a hearing as provided by Subsection (c) and, based on that   hearing and the office of inspector general's investigation, the   inspector general [final decision in that hearing] determines that   the person engaged in misconduct described by Section   22.093(c)(1)(A) or (B), the inspector general [commissioner] shall   instruct the agency to add the person's name to the registry   maintained under Section 22.092.          (g)  If a person entitled to a hearing under Subsection (a)   requests a hearing as provided by Subsection (c) and, based on that   hearing and the office of inspector general's investigation, the   inspector general [final decision in that hearing] determines that   the person did not engage in misconduct described by Section   22.093(c)(1)(A) or (B), the inspector general [commissioner] shall   instruct the agency to immediately remove from the Internet portal   developed and maintained by the agency under Section 22.095 the   information indicating that the person is under investigation for   alleged misconduct.          (i)  In this section, "inspector general" and "office of   inspector general" have the meanings assigned by Section 21.006.          SECTION 8.  Section 21.006(c-2), Education Code, is   repealed.          SECTION 9.  This Act takes effect January 1, 2026.