85R3686 GCB-F     By: Bettencourt S.B. No. 7       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(a), Penal Code, is amended 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)(A) or (B),   regardless of the age of that person.          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 on conviction of which a defendant is   required to register as a sex offender under Chapter 62.          SECTION 3.  Section 21.006, Education Code, is amended by   amending Subsections (b), (b-1), and (c) and adding Subsections   (b-2) 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 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 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.          (b-2)  The principal of a school district or open-enrollment   charter school campus must notify the superintendent or director of   the district or school not later than the seventh day after the date   the principal knew or should have known about an educator's   criminal record under Subsection (b)(1) or a termination of   employment or resignation following an alleged incident of   misconduct described by Subsection (b).          (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 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.          (i)  A superintendent or director required to file a report   under Subsection (c) commits an offense if the superintendent or   director knowingly fails to file the report by the date required by   that subsection. A principal required to notify a superintendent   or director about an educator's criminal record or alleged incident   of misconduct under Subsection (b-2) commits an offense if the   principal knowingly fails to provide the notice 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.  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 of this code.          SECTION 5.  Section 21.058(a), Education Code, is amended to   read as follows:          (a)  The procedures described by Subsections (b) and (c)   apply only to a person who is:                (1)  registered as a sex offender under Chapter 62,   Code of Criminal Procedure; or                (2)  convicted [to conviction] of a felony offense   under Title 5, Penal Code, committed against a [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 younger than [of the offense is   under] 18 years of age.          SECTION 6.  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 7.  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 8.  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 9.  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 10.  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 11.  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 12.  This Act takes effect September 1, 2017.