HB 7

relating to parental rights in public education and to the
reporting of certain misconduct and child abuse and neglect;
authorizing an administrative penalty; creating criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.01.  Section 7.057, Education Code, is amended by
amending Subsections (a) and (e) and adding Subsections (c-1) and
(a)  Except as provided by Subsection (e), a person may
appeal in writing to the commissioner if the person is aggrieved
[(1)  the school laws of this state; or
[(2)]  actions or decisions of any school district
board of trustees that violate:
(1) [(A)]  the school laws of this state; or
(2) [(B)]  a provision of a written employment contract
between the school district and a school district employee, if a
violation causes or would cause monetary harm to the employee.
(c-1)  In an appeal against a school district, the
(1)  if the record is insufficient for the commissioner
to resolve the appeal, remand the case to the district and order an
investigation and development of the record; or
(2)  if the commissioner determines that an action or
decision of the district's board of trustees violated a law or
provision described by Subsection (a):
(A)  reverse the case or remand the case to the
board of trustees for additional proceedings; and
(B)  order the board of trustees to take
corrective action the commissioner determines appropriate to
(e)  This section does not apply to:
(1)  a case to which Subchapter G, Chapter 21, applies;
(2)  a case involving extracurricular activities; or
(3)  a student disciplinary action under Chapter 37.
(g)  The commissioner may adopt rules as necessary to
SECTION 1.02.  Subchapter C, Chapter 7, Education Code, is
amended by adding Sections 7.0571 and 7.0572 to read as follows:
Sec. 7.0571.  REMAND.  (a)  In an appeal against a school
district under Section 7.057, the commissioner may remand the case
to the district for rehearing under Chapter 26A if the commissioner
determines that the appeal would have likely succeeded on the
(1)  a fatal procedural error at the district level;
(2)  failure to allege the correct statutory violation;
(3)  failure to develop necessary evidence at the
(b)  In remanding a case under Subsection (a), the
(1)  identify specific issues or law for the school
(2)  alter the timelines provided under Chapter 26A.
(c)  A case remanded under this section may be appealed again
under Section 7.057, and the timelines established by that section
apply to the appeal unless the commissioner provides for a shorter
(d)  The commissioner may adopt rules as necessary to
Sec. 7.0572.  DISPUTE RESOLUTION FACILITATION.  (a)  The
commissioner shall develop a program for the training and review of
dispute resolution facilitators.
(b)  The commissioner shall establish requirements for a
person to qualify as a dispute resolution facilitator under this
(c)  In an appeal against a school district under Section
7.057, the commissioner may refer to dispute resolution
facilitation under this section a case involving a grievance by a
parent of or person standing in parental relation to a student
enrolled in the district arising from the parent's or person's
status as a parent of or person standing in parental relation to the
(1)  the grievance does not allege:
(A)  conduct described by Section 7.057(a) or (e);
(B)  conduct for which Title 1 or 2, other than
Section 11.151(b), makes a specific decision of the district's
board of trustees final and unappealable or not subject to review;
(2)  the commissioner determines that the district's
conduct should be reviewed for substantial error that is apparent
(d)  The commissioner shall appoint a dispute resolution
facilitator to an appeal referred to dispute resolution
facilitation under Subsection (c).  A dispute resolution
(A)  propose factual findings related to the
(B)  consider information provided by the person
who filed the grievance and the school district;
(C)  facilitate a resolution between the person
who filed the grievance and the school district; and
(D)  if no resolution is possible, render a
decision that includes findings of fact and conclusions of law; and
(2)  may recommend a remand of the grievance or grant
relief or redress to the person who filed the grievance in the same
manner as the commissioner under Section 7.057.
(e)  The commissioner may adopt or reject the final
determination of a dispute resolution facilitator.  If the
commissioner rejects the determination, no decision on the matter
is issued.  If the commissioner adopts the determination, the
determination is binding on the parties.  A determination by the
commissioner under this subsection is final and may not be
appealed, including under Section 7.057(d).
(f)  The school district against which the grievance was
filed shall pay the cost of the dispute resolution facilitator, the
hearing room, the certified court reporter at the hearing, and the
production of any original hearing transcript.
(g)  Section 7.057(a-1) applies to conduct that may be
referred to dispute resolution facilitation under Subsection
(h)  The commissioner may adopt rules as necessary to
SECTION 1.03.  Subchapter A, Chapter 11, Education Code, is
amended by adding Section 11.004 to read as follows:
Sec. 11.004.  COMPLIANCE WITH MANDATORY POLICY.  A school
district, the district's board of trustees, and the district's
employees shall implement and comply with each policy the district
is required to adopt under this code or other law.
SECTION 1.04.  The heading to Section 11.1518, Education
Code, is amended to read as follows:
Sec. 11.1518.  TRUSTEE INFORMATION [POSTED ON WEBSITE].
SECTION 1.05.  Section 11.1518, Education Code, is amended
by amending Subsection (c) and adding Subsections (d) and (e) to
(c)  Not later than the 30th day after a new person is sworn
in as a member [Each time there is a change in the membership] of a
school district's board of trustees, the district shall update the
information required under Subsection (a) and, as applicable:
(1)  post the updated information on the district's
(2)  submit the updated information to the agency for
posting on the agency's Internet website in accordance with
(d)  A school district shall annually submit to the agency
the information required under Subsection (a) for each member of
the district's board of trustees.  The information must:
(1)  identify the member designated as chair; and
(2)  be updated as required by Subsection (c).
(e)  The commissioner may adopt rules as necessary to
SECTION 1.06.  Section 12A.004(a), Education Code, is
(a)  A local innovation plan may not provide for the
exemption of a district designated as a district of innovation from
the following provisions of this title:
(1)  a state or federal requirement applicable to an
open-enrollment charter school operating under Subchapter D,
(2)  Subchapters A, C, D, and E, Chapter 11, except that
a district may be exempt from Sections 11.1511(b)(5) and (14) and
(3)  the grievance policy under Chapter 26A;
(4)  state curriculum and graduation requirements
(5) [(4)]  academic and financial accountability and
sanctions under Chapters 39 and 39A.
SECTION 1.07.  Section 21.048(c-1), Education Code, is
(c-1)  The results of an examination administered under this
section are confidential and are not subject to disclosure under
Chapter 552, Government Code, unless the disclosure is regarding
notification to a parent of the assignment of an uncertified
teacher to a classroom as required by Section 26.0083 [21.057].
SECTION 1.08.  Chapter 26, Education Code, is amended by
adding Sections 26.0021 and 26.0022 to read as follows:
Sec. 26.0021.  PARENTAL RIGHTS INFORMATION.  (a)  The agency
shall create and maintain a document that informs a parent of the
parent's rights regarding the education of the parent's child
(1)  include information regarding accessing the
(2)  be made publicly available in a prominent place on
the Internet website of the agency and each school district; and
(3)  be provided to parents at the beginning of each
school year in an electronic or hard copy format.
Sec. 26.0022.  RIGHT TO SELECT EDUCATIONAL SETTING.  A
parent is entitled to choose the educational setting for the
parent's child, including public school, private school, or home
SECTION 1.09.  Section 26.004(b), Education Code, is amended
(b)  A parent is entitled to access to all written records of
a school district concerning the parent's child, including:
(7)  applications for admission;
(8)  health and immunization information;
(9)  teacher and school counselor evaluations;
(10)  reports of behavioral patterns; [and]
(11)  records relating to assistance provided for
learning difficulties, including information collected regarding
any intervention strategies used with the child; and
(12)  records relating to library materials checked out
by the child from a school library.
SECTION 1.10.  Section 26.006, Education Code, is amended by
adding Subsection (g) to read as follows:
(g)  Each school district and open-enrollment charter school
shall post on the home page of the district's or school's Internet
website a notice stating that a parent of a student enrolled in the
district or school is entitled to review the materials described by
Subsection (a)(1) and may request that the district or school make
the materials available for review as provided by this section.
SECTION 1.11.  Chapter 26, Education Code, is amended by
adding Section 26.0062 to read as follows:
Sec. 26.0062.  REQUIRED DISCLOSURE REGARDING INSTRUCTIONAL
PLAN.  (a)  Each school district shall adopt a policy to make
available on the district's Internet website at the beginning of
each semester an instructional plan or course syllabus for each
class offered in the district for that semester.
(b)  The policy adopted under Subsection (a) must:
(1)  require each teacher to provide before the
beginning of each semester a copy of the teacher's instructional
plan or course syllabus for each class for which the teacher
(A)  district administration; and
(B)  the parent of each student enrolled in the
(2)  provide for additional copies of an instructional
plan or course syllabus to be made available to a parent of a
student enrolled in the class on the parent's request.
SECTION 1.12.  Section 21.057, Education Code, is
transferred to Chapter 26, Education Code, redesignated as Section
26.0083, Education Code, and amended to read as follows:
Sec. 26.0083 [21.057].  PARENTAL NOTIFICATION REGARDING
TEACHER CERTIFICATION.  (a)  A school district that assigns an
inappropriately certified or uncertified teacher to the same
classroom for more than 30 consecutive instructional days during
the same school year shall provide written notice of the assignment
to a parent or guardian of each student in that classroom.
(b)  The superintendent of the school district shall provide
the notice required by Subsection (a) not later than the 30th
instructional day after the date of the assignment of the
inappropriately certified or uncertified teacher.
(c)  The school district shall:
(1)  make a good-faith effort to ensure that the notice
required by this section is provided in a bilingual form to any
parent or guardian whose primary language is not English;
(2)  retain a copy of any notice provided under this
(3)  make information relating to teacher
certification available to the public on request.
(d)  For purposes of this section, "inappropriately
certified or uncertified teacher":
(A)  an individual serving on an emergency
certificate issued under Section 21.041(b)(2); or
(B)  an individual who does not hold any
certificate or permit issued under this chapter and is not employed
as specified by Subdivision (2)(E); and
(2)  does not include an individual:
(A)  who is a certified teacher assigned to teach
a class or classes outside his or her area of certification, as
determined by rules proposed by the board in specifying the
certificate required for each assignment;
(B)  serving on a certificate issued due to a
hearing impairment under Section 21.048;
(C)  serving on a certificate issued pursuant to
enrollment in an approved alternative certification program under
(D)  certified by another state or country and
serving on a certificate issued under Section 21.052;
(E)  serving on a school district teaching permit
issued under Section 21.055; or
(F)  employed under a waiver granted by the
commissioner pursuant to Section 7.056.
(e)  This section does not apply if a school is required in
accordance with Section 1006, Every Student Succeeds Act (20 U.S.C.
Section 6312(e)(1)(B)(ii)), to provide notice to a parent or
guardian regarding a teacher who does not meet certification
requirements at the grade level and subject area in which the
teacher is assigned, provided the school provides notice as
SECTION 1.13.  Section 26.009, Education Code, is amended by
amending Subsections (a) and (b) and adding Subsections (a-1),
(a-2), (c), and (d) to read as follows:
(a)  An employee or contractor of a school district must
obtain the written consent of a child's parent in the manner
required by Subsection (a-2) before the employee or contractor may:
(1)  conduct a psychological or psychiatric
examination or[,] test[,] or psychological or psychiatric
treatment, unless the examination, test, or treatment is required
under Section 38.004 or state or federal law regarding requirements
(2)  subject to Subsection (b), make or authorize the
making of a videotape of a child or record or authorize the
(a-1)  For purposes of Subsection (a):
(1)  "Psychological or psychiatric examination or
test" means a method designed to elicit information regarding an
attitude, habit, trait, opinion, belief, feeling, or mental
disorder or a condition thought to lead to a mental disorder,
regardless of the manner in which the method is presented or
characterized, including a method that is presented or
characterized as a survey, check-in, or screening or is embedded in
(2)  "Psychological or psychiatric treatment" means
the planned, systematic use of a method or technique that is
designed to affect behavioral, emotional, or attitudinal
characteristics of an individual or group.
(a-2)  Written consent for a parent's child to participate in
a district activity described by Subsection (a) must be obtained
for each separate activity in which the child participates, and
each written consent must be signed by the parent and returned to
the district.  A child may not participate in the activity unless
the district receives the parent's signed written consent to that
(b)  An employee or contractor of a school district is not
required to obtain the consent of a child's parent before the
employee or contractor may make a videotape of a child or authorize
the recording of a child's voice if the videotape or voice recording
(1)  purposes of safety, including the maintenance of
order and discipline in common areas of the school or on school
(2)  a purpose related to a cocurricular or
(3)  a purpose related to regular classroom
(4)  media coverage of the school; or
(5)  a purpose related to the promotion of student
(c)  A school district shall retain the written informed
consent of a child's parent obtained under this section as part of
(d)  Nothing in this section may be construed to:
(1)  require an employee or contractor of a school
district to obtain the written consent of a child's parent before
verbally asking the child about the child's general well-being;
(2)  affect a child's consent to counseling under
Section 32.004, Family Code; or
(3)  affect the duty to report child abuse or neglect
under Chapter 261, Family Code, or an investigation of a report of
abuse or neglect under that chapter.
SECTION 1.14.  Section 26.011(a), Education Code, is amended
(a)  The board of trustees of each school district shall
adopt a grievance procedure that complies with Chapter 26A under
which the board shall address each complaint that the board
receives concerning violation of a right guaranteed by this
SECTION 1.15.  Subtitle E, Title 2, Education Code, is
amended by adding Chapter 26A to read as follows:
Sec. 26A.001.  GRIEVANCE POLICY.  (a)  The board of trustees
of a school district shall adopt a grievance policy to address
grievances received by the district.
(b)  The policy must provide for the following levels of
review, subject to Subsection (c):
(A)  the principal of the school district campus
at which the grievance is filed or the principal's designee; or
(B)  for a grievance that arises from subject
matter unrelated to a campus, review by an administrator at the
school district's central office;
(2)  if established by the policy, an appeal to an
administrator at the school district's central office;
(3)  an appeal to the superintendent of the school
district or the superintendent's designee; and
(4)  an appeal to the board of trustees of the school
(c)  A review or appeal on a grievance must be conducted by a
person with the authority to address the grievance unless a
preliminary hearing is necessary to develop a record or a
recommendation for the board of trustees of the school district.
(d)  The board of trustees of a school district may delegate
the authority to hear and decide a grievance to a committee of at
least three members composed only of members of the board of
trustees.  For purposes of an appeal to the commissioner under
Section 7.057, a decision by the committee is a decision of the
(1)  prohibit the board of trustees of the school
district or a district employee from retaliating against a student
or parent of or person standing in parental relation to a student
who files a grievance in accordance with the policy;
(2)  require a person involved in reviewing a grievance
under the policy to recuse himself or herself from reviewing the
grievance if the person is the subject of the grievance;
(3)  provide for a higher level of review under
Subsection (b) if the person who would otherwise review the
grievance is required to recuse himself or herself under
(4)  provide for the creation and retention of a record
of each hearing on the grievance, including:
(A)  documents submitted by the person who filed
the grievance or determined relevant by school district personnel;
(B)  a written record of the decision, including
an explanation of the basis for the decision and an indication of
each document that supports the decision;
(5)  allow the person who filed the grievance to
supplement the record with additional documents or add additional
(6)  allow for a remand to a lower level of review under
Subsection (b) to develop a record at any time, including at the
board of trustees level of review;
(7)  require the school district to direct a grievance
that is filed with the incorrect administrator to the appropriate
administrator and consider the grievance filed on the date on which
the grievance was initially filed; and
(8)  for a grievance before the board of trustees of the
(A)  the person who filed the grievance be
provided at least five business days before the date on which the
meeting to discuss the grievance will be held a description of any
information the board of trustees intends to rely on that is not
(B)  the meeting at which the grievance is
discussed be recorded by video or audio recording or by transcript
created by a certified court reporter.
Sec. 26A.002.  TIMELINES FOR FILING AND APPEAL.  The policy
adopted under Section 26A.001 must:
(A)  for a grievance filed by a parent of or person
standing in parental relation to a student enrolled in the school
(i)  60 days to file a grievance from the
date on which the parent or person knew or had reason to know of the
facts giving rise to the grievance; or
(ii)  if the parent or person engaged in
informal attempts to resolve the grievance, the later of 90 days to
file a grievance from the date described by Subparagraph (i) or 30
days to file a grievance from the date on which the district
provided information to the parent or person regarding how to file
(B)  20 days to file an appeal after the date on
which a decision on the grievance was made;
(2)  for a hearing that is not before the board of
trustees of the school district, require:
(A)  the district to hold a hearing not later than
the 10th day after the date on which the grievance or appeal was
(B)  a written decision to be made not later than
the 20th day after the date on which the hearing was held that
(i)  any relief or redress to be provided;
(ii)  information regarding filing an
appeal, including the timeline to appeal under this section and
Section 7.057, if applicable; and
(3)  for a hearing before the board of trustees of the
school district, require the board of trustees to:
(A)  hold a meeting to discuss the grievance not
later than the 60th day after the date on which the previous
decision on the grievance was made; and
(B)  make a decision on the grievance not later
than the 30th day after the date on which the meeting is held under
Sec. 26A.003.  POSTING OF PROCEDURES AND FORMS.  (a)  The
board of trustees of a school district shall develop, make publicly
available in a prominent location on the district's Internet
website, and include in the district's student handbook:
(1)  procedures for resolving grievances;
(2)  standardized forms for filing a grievance, a
notice of appeal, or a request for a hearing under this chapter; and
(3)  the method by which a grievance may be filed
(b)  A school district shall ensure that a grievance may be
submitted electronically at the location on the district's Internet
website at which the information described by Subsection (a) is
(c)  A school district shall submit and make accessible to
the agency the location on the district's Internet website at which
the information described by Subsection (a) is available.
SECTION 1.16.  Section 28.004, Education Code, is amended by
adding Subsection (i-2) to read as follows:
(i-2)  Before a student may be provided with human sexuality
instruction, a school district must obtain the written consent of
the student's parent.  A request for written consent under this
(1)  may not be included with any other notification or
request for written consent provided to the parent, other than the
notice provided under Subsection (i); and
(2)  must be provided to the parent not later than the
14th day before the date on which the human sexuality instruction
SECTION 1.17.  Section 12A.004(a), Education Code, as
amended by this Act, applies to a local innovation plan adopted or
renewed before, on, or after the effective date of this Act.
SECTION 1.18.  (a)  Except as provided by Subsection (b) of
this section, this article applies beginning with the 2025-2026
(b)  The changes in law made by this article apply to an
appeal filed with the commissioner of education on or after
September 1, 2025.  An appeal filed with the commissioner before
September 1, 2025, is governed by the law in effect on the date the
appeal was filed, and the former law is continued in effect for that
ARTICLE 2.  REPORTING OF MISCONDUCT AND CHILD ABUSE AND NEGLECT
SECTION 2.01.  Article 42.018(a), Code of Criminal
Procedure, is amended to read as follows:
(a)  This article applies only to:
(1)  conviction or deferred adjudication community
supervision granted on the basis of:
(A)  an offense for which a conviction or grant of
deferred adjudication community supervision requires the defendant
to register as a sex offender under Chapter 62;
(B)  an offense under Section 21.12 or 43.24,
(C)  a felony offense under Chapter 43, Penal
(D)  a felony offense involving school property;
(E)  an offense under the laws of another state or
federal law that is equivalent to an offense under Paragraph (A),
(A)  a felony [an] offense under Title 5, Penal
Code[, if the victim of the offense was under 18 years of age at the
time the offense was committed]; or
(B)  an offense under the laws of another state or
federal law that is equivalent to an offense under Paragraph (A)
[(3)  conviction or deferred adjudication community
supervision granted on the basis of an offense under Section 43.24,
SECTION 2.02.  Subtitle D, Title 2, Education Code, is
amended by adding Chapter 22A, and a heading is added to that
CHAPTER 22A.  EMPLOYEE AND SERVICE PROVIDER MISCONDUCT
SECTION 2.03.  Chapter 22A, Education Code, as added by this
Act, is amended by adding Subchapter A, and a heading is added to
that subchapter to read as follows:
SUBCHAPTER A.  GENERAL PROVISIONS
SECTION 2.04.  Section 21.006(a), Education Code, is
transferred to Subchapter A, Chapter 22A, Education Code, as added
by this Act, redesignated as Section 22A.001, Education Code, and
Sec. 22A.001.  DEFINITIONS.  [(a)]  In this chapter
(1)  "Abuse" has the meaning assigned by Section
261.001, Family Code, and includes any sexual conduct involving [an
educator and] a student or minor.
(2)  "Board" means the State Board for Educator
(3)  "Educational entity" means a school district,
district of innovation, open-enrollment charter school, other
charter entity, regional education service center, or shared
(4)  "Other charter entity" means:
(A)  a school district operating under a home-rule
school district charter adopted under Subchapter B, Chapter 12;
(B)  a campus or campus program operating under a
charter granted under Subchapter C, Chapter 12; and
(C)  an entity that contracts to partner with a
school district under Section 11.174(a)(2) to operate a district
campus under a charter granted to the entity by the district under
(5)  "Registry" means the registry of persons who are
not eligible to be employed by or act as a service provider for an
educational entity maintained under Section 22A.151.
(6)  "Service provider" means a person who provides
services to an educational entity. The term includes:
(A)  a contractor or subcontractor for an
(B)  a provider of tutoring services for an
(C)  an entity that has entered into a contract to
operate a school district campus under Section 11.174;
(D)  a staffing provider for an educational
(E)  a person employed by or under the control of a
person described by Paragraph (A), (B), (C), or (D).
SECTION 2.05.  Subchapter A, Chapter 22A, Education Code, as
added by this Act, is amended by adding Section 22A.002 to read as
Sec. 22A.002.  CONFIDENTIALITY.  (a) Unless disclosure is
required by other law and except as provided by Subsection (b), a
complaint, statement, recording, note, file, record, memorandum,
or report that is received, obtained, or created by the board or
agency relating to the review or investigation of an allegation of
misconduct involving a person who is an applicant for or holder of a
certification or permit issued by the board or for which a person is
required to be included in the registry is confidential and not
subject to disclosure under Chapter 552, Government Code.
(b)  Subsection (a) does not prohibit the disclosure of
information described by Subsection (a) for purposes of:
(1)  a report required under Subchapter B, Chapter 21,
Subchapter C-1, Chapter 22, or this chapter; or
(2)  an administrative or other legal proceeding
brought under Chapter 2001, Government Code.
SECTION 2.06.  Chapter 22A, Education Code, as added by this
Act, is amended by adding Subchapter B, and a heading is added to
that subchapter to read as follows:
SUBCHAPTER B.  REQUIRED MISCONDUCT REPORTING
SECTION 2.07.  Sections 21.006(b), (b-1), (b-2), (c), (c-1),
(c-2), (d), (e), (f), (g), (g-1), (h), (i), (j), and (k), Education
Code, are transferred to Subchapter B, Chapter 22A, Education Code,
as added by this Act, redesignated as Section 22A.051, Education
Code, and amended to read as follows:
Sec. 22A.051.  REQUIREMENT TO REPORT EDUCATOR MISCONDUCT TO
BOARD.  (a) [(b)]  In addition to the reporting requirement under
Section 261.101, Family Code, and except as provided by Subsection
(f) [(c-2)], the superintendent or director of an educational
entity [a school district, district of innovation, open-enrollment
charter school, other charter entity, regional education service
center, or shared services arrangement] shall notify the board
[State Board for Educator Certification] if:
(1)  an educator employed by or seeking employment by
the entity [school district, district of innovation, charter
school, other charter entity, service center, or shared services
arrangement] has a criminal record and the entity [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
(2)  an educator's employment at the entity [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, including by engaging in conduct that
involves physical mistreatment or constitutes a threat of violence
to a student or minor and that is not justified under Chapter 9,
Penal Code, regardless of whether the conduct resulted in bodily
(B) [(A-1)]  was involved in a romantic
relationship with or solicited or engaged in sexual contact with a
(C)  engaged in inappropriate communications with
(D)  failed to maintain appropriate boundaries
(E) [(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.;
(F) [(C)]  illegally transferred, appropriated,
or expended funds or other property of the entity [school district,
district of innovation, charter school, other charter entity,
service center, or shared services arrangement];
(G) [(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
(H) [(E)]  committed a criminal offense or any
part of a criminal offense on school property or at a
(3)  the educator resigned and there is evidence that
the educator engaged in misconduct described by Subdivision (2);
(4)  the superintendent or director becomes aware of
evidence that an educator employed by the entity engaged in
misconduct described by Subdivision (2)(A), (B), (C), or (D); or
(5) [(4)]  the educator engaged in conduct that
violated the assessment instrument security procedures established
(b) [(b-1)]  A superintendent or director of an educational
entity [a school district, district of innovation, open-enrollment
charter school, other charter entity, regional education service
center, or shared services arrangement] shall complete an
investigation of an educator that involves evidence that the
educator may have engaged in misconduct described by Subsection
(a)(2)(A), (B), (C), or (D) [(b)(2)(A) or (A-1)], despite the
educator's resignation from employment before completion of the
(c) [(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
(1)  except as provided by Subdivision (2), not later
than the seventh business day after the date:
(A) [(1)]  of an educator's termination of
employment or resignation following an alleged incident of
misconduct described by Subsection (a) [(b)]; or
(B) [(2)]  the principal knew about an educator's
criminal record under Subsection (a)(1); or
(2)  not later than 48 hours after the principal
becomes aware of evidence of misconduct described by Subsection
(a)(2)(A), (B), (C), or (D) [(b)(1)].
(d) [(c)]  Except as provided by Subsection (f) [(c-2)], the
superintendent or director must notify the board [State Board for
Educator Certification] by filing a report with the board:
(1)  except as provided by Subdivision (2), not later
than the seventh business day after the date the superintendent or
(A)  receives notice [a report] from a principal
under Subsection (c) [(b-2)]; or
(B)  knew about an educator's termination of
employment or resignation following an alleged incident of
misconduct described by Subsection (a) [(b)] or an educator's
[employee's] criminal record under Subsection (a)(1); or
(2)  not later than 48 hours after the superintendent
(A)  receives notice from a principal under
(B)  became aware of evidence of misconduct
described by Subsection (a)(2)(A), (B), (C), or (D) [(b)(1)].
(e) [(c-1)]  The report under Subsection (d) must be [(c)]:
[(B)]  in a form prescribed by the board; and
(3)  [(2)  may be] filed through the Internet portal
developed and maintained by the agency under Section 22A.155 [State
Board for Educator Certification under Subsection (g-1)].
(f) [(c-2)]  A superintendent or director of an educational
entity [a school district, district of innovation, open-enrollment
charter school, regional education service center, or shared
services arrangement] is not required to notify the board [State
Board for Educator Certification] or file a report with the board
under Subsection (a) [(b)] or (d) [(c)] if the superintendent or
director has reasonable cause to believe the educator who is
alleged to have engaged in the misconduct is deceased[:
[(1)  completes an investigation into an educator's
alleged incident of misconduct described by Subsection (b)(2)(A) or
(A-1) before the educator's termination of employment or
[(2)  determines the educator did not engage in the
alleged incident of misconduct described by Subsection (b)(2)(A) or
(g) [(d)]  The superintendent or director shall notify the
board of trustees or governing body of the educational entity
[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
(h) [(e)]  A superintendent, director, or principal of an
educational entity [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 files a report
with the board [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.
(i) [(f)]  The board [State Board for Educator
Certification] shall determine whether to impose sanctions,
including an administrative penalty under Subsection (l) [(i)],
against a principal who fails to provide notification to a
superintendent or director in violation of Subsection (c) [(b-2)]
or against a superintendent or director who fails to file a report
in violation of Subsection (d) [(c)].
(j) [(g)]  The board [State Board for Educator
Certification] shall propose rules as necessary to implement this
(k)  [(g-1)  The State Board for Educator Certification
shall develop and maintain an Internet portal through which a
report required under Subsection (c) may be confidentially and
[(h)]  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.
(l) [(i)]  If an educator serving as a superintendent or
director is required to file a report under Subsection (d) [(c)] and
fails to file the report by the date required by 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 (c) [(b-2)] and
fails to provide the notice by the date required by that subsection,
the board [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 board [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.
(m) [(j)]  A superintendent or director required to file a
report under Subsection (d) [(c)] commits an offense if the
superintendent or director fails to file the report by the date
required by that subsection with intent to conceal an educator's
criminal record or alleged incident of misconduct described by
Subsection (a)(2)(A), (B), (E), (F), (G), or (H).  A principal
required to notify a superintendent or director about an educator's
criminal record or alleged incident of misconduct under Subsection
(c) [(b-2)] commits an offense if the principal fails to provide the
notice by the date required by that subsection with intent to
conceal an educator's criminal record or alleged incident of
misconduct described by Subsection (a)(2)(A), (B), (E), (F), (G),
or (H).  An offense under this subsection is a state jail felony.
(n) [(k)]  The commissioner may review the records of an
educational entity [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 2.08.  Section 22.093, Education Code, is
transferred to Subchapter B, Chapter 22A, Education Code, as added
by this Act, redesignated as Section 22A.052, Education Code, and
Sec. 22A.052  [22.093].  REQUIREMENT TO REPORT EMPLOYEE OR
SERVICE PROVIDER MISCONDUCT TO AGENCY.  (a)  [In this section,
"abuse" has the meaning assigned by Section 261.001, Family Code,
and includes any sexual conduct involving a student or minor.
[(b)]  This section applies to:
(1)  a person who is employed by an educational entity
[a school district, district of innovation, open-enrollment
charter school, other charter entity, regional education service
center, or shared services arrangement] and who does not hold a
certification or permit issued under Subchapter B, Chapter 21; or
(2)  a service provider for an educational entity who
has or will have direct contact with students.
(b) [(c)]  In addition to the reporting requirement under
Section 261.101, Family Code, the superintendent or director of an
educational entity [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 if the superintendent or director:
(1)  becomes aware of [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 a person described by
Subsection (a) engaged in misconduct described by Section
22A.051(a)(2)(A), (B), (C), or (D) [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];
(2)  obtained criminal history record information
relating to misconduct described by Subdivision (1) for a person
described by Subsection (a) [the employee resigned and there is
evidence that the employee engaged in misconduct described by
(c) [(d)]  A superintendent or director of an educational
entity [a school district, district of innovation, open-enrollment
charter school, other charter entity, regional education service
center, or shared services arrangement] shall complete an
investigation of a person described by Subsection (a) [an employee]
that involves evidence that the person [employee] may have engaged
in misconduct described by Subsection (b)(1) [(c)(1)(A) or (B)],
despite the person's termination of or [employee's] resignation
from employment or cessation of services for the entity before
completion of the investigation.
(d) [(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 48 hours [the seventh
business day] after the principal becomes aware of evidence of
[date of an employee's termination of employment or resignation
following] an alleged incident of misconduct described by
Subsection (b)(1) [(c)(1)(A) or (B)].
(e) [(f)]  The superintendent or director of an educational
entity must notify the commissioner by filing a report with the
commissioner not later than 48 hours [the seventh business day]
after the [date the] superintendent or director:
(1)  receives notice [a report] from a principal under
(2)  [(e) or] knew about the [an employee's]
termination of [employment] or resignation from employment or
cessation of services of a person described by Subsection (a) for
the entity following an alleged incident of misconduct described by
(3)  became aware of evidence of misconduct described
by Subsection (b)(1) [(c)(1)(A) or (B)].
(f)  The report under Subsection (e) must be:
(2)  in a form prescribed by the commissioner; and
(3)  filed through the Internet portal developed and
maintained by the agency under Section 22A.155.
(g)  A superintendent or director of an educational entity is
not required to notify the agency or file a report with the agency
under Subsection (b) or (e) if the superintendent or director has
reasonable cause to believe that the person who is alleged to have
engaged in misconduct is deceased.
(h)  The superintendent or director shall notify the board of
trustees or governing body of the educational entity [school
district, district of innovation, open-enrollment charter school,
other charter entity, regional education service center, or shared
services arrangement] and the person [employee] of the filing of
the report required by Subsection (e) [(f)].
(i) [(h)]  A superintendent or director who in good faith and
while acting in an official capacity files a report with the
commissioner under Subsection (e) [(f)] or a principal who in good
faith and while acting in an official capacity notifies a
superintendent or director under Subsection (d) [(e)] is immune
from civil or criminal liability that might otherwise be incurred
(j) [(i)]  The commissioner shall refer an educator who
fails to file a report in violation of Subsection (e) [(f)] to the
State Board for Educator Certification, and the board shall
determine whether to impose sanctions against the educator.
(k) [(j)]  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) [(k)]  A superintendent or director required to file a
report under Subsection (e) [(f)] commits an offense if the
superintendent or director fails to file the report by the date
required by that subsection with intent to conceal a person's [an
employee's] criminal record or alleged incident of misconduct
described by Section 22A.051(a)(2)(A) or (B).  A principal
required to notify a superintendent or director about a person's
[an employee's] alleged incident of misconduct under Subsection (d)
[(e)] commits an offense if the principal fails to provide the
notice by the date required by that subsection with intent to
conceal a person's [an employee's] alleged incident of misconduct
described by Section 22A.051(a)(2)(A) or (B).  An offense under
this subsection is a state jail felony.
(m) [(l)]  The commissioner may review the records of an
educational entity [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
(n) [(m)]  The commissioner shall adopt rules as necessary
SECTION 2.09.  Section 21.0061, Education Code, is
transferred to Subchapter B, Chapter 22A, Education Code, as added
by this Act, redesignated as Section 22A.053, Education Code, and
Sec. 22A.053  [21.0061].  NOTICE TO PARENT OR GUARDIAN ABOUT
[EDUCATOR] MISCONDUCT.  (a) The board of trustees or governing body
of an educational entity [a school district, district of
innovation, 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 a person employed by or acting as a
service provider for the entity [an educator] is alleged to have
engaged in misconduct described by Section 22A.051(a)(2)(A), (B),
(C), or (D) [Section 21.006(b)(2)(A) or (A-1)] informing the parent
(1)  that the alleged misconduct occurred;
(2)  whether the person [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 agency or
board [State Board for Educator Certification] concerning the
(b)  The policy required by this section must require that
information specified by Subsection (a)(1) be provided as soon as
feasible after the educational [employing] entity becomes aware
that alleged misconduct may have occurred.
[(c)  In this section, "other charter entity" has the meaning
SECTION 2.10.  Sections 21.007 and 21.009, Education Code,
are transferred to Subchapter B, Chapter 22A, Education Code, as
added by this Act, redesignated as Sections 22A.054 and 22A.055,
Education Code, and amended to read as follows:
Sec. 22A.054  [21.007].  NOTICE ON CERTIFICATION RECORD OF
ALLEGED MISCONDUCT; INCLUSION IN REGISTRY.  (a)  [In this section,
"board" means the State Board for Educator Certification.
[(b)]  The board shall adopt a procedure for placing a notice
of alleged misconduct on an educator's public certification
records.  The procedure adopted by the board must provide for
immediate placement of a notice of alleged misconduct on an
educator's public certification records if the alleged misconduct
presents a risk to the health, safety, or welfare of a student or
minor as determined by the board.
(b) [(c)]  The board must notify:
(1)  an educator in writing when placing a notice of an
alleged incident of misconduct on the public certification records
(2)  the agency for purposes of placing the educator on
the registry in accordance with Subsection (c).
(c)  On receiving a notification under Subsection (b), the
agency shall immediately place the educator on the registry and
include information indicating that the educator is under
investigation for alleged misconduct.
(d)  The board must provide an opportunity for an educator to
show cause why the notice should not be placed on the educator's
public certification records.  The board shall propose rules
establishing the length of time that a notice may remain on the
educator's public certification records before the board must:
(1)  initiate a proceeding to impose a sanction on the
educator on the basis of the alleged misconduct; or
(2)  remove the notice from the educator's public
(e)  If it is determined that the educator has not engaged in
the alleged incident of misconduct, the board shall immediately
(1)  the notice from the educator's public
(2)  notify the agency to remove the educator from the
(f)  The board shall propose rules necessary to administer
Sec. 22A.055  [21.009].  PRE-EMPLOYMENT OR PRE-SERVICE
AFFIDAVIT.  (a)  A person applying [An applicant] for employment
with or who will act as a service provider for an educational entity
[a position described by Section 21.003(a) or (b) with a school
district, district of innovation, open-enrollment charter school,
private school, regional education service center, or shared
services arrangement] must submit, using a form adopted by the
agency, consent for release of the person's employment records and
a pre-employment or pre-service affidavit disclosing whether the
person [applicant] has ever been:
(1)  investigated by a law enforcement or child
protective services agency for, or charged with, adjudicated for,
or convicted of an offense involving, conduct described by Section
22A.051(a)(2)(A), (B), (C), or (D);
(2)  investigated by a licensing authority or had a
license, certificate, or permit denied, suspended, revoked, or
subject to another sanction in this state or another state for
conduct described by Section 22A.051(a)(2)(A), (B), (C), or (D);
(4)  employed or is currently employed by or has acted
or is currently acting as a service provider for a public or private
(5)  terminated or discharged or has resigned, in lieu
of being terminated or discharged, from a public or private school
[having an inappropriate relationship with a minor].
(b)  A person [An applicant] who answers affirmatively
concerning an action listed under Subsection (a) [inappropriate
relationship with a minor] must disclose in the affidavit all
relevant facts known to the person pertaining to the matter
[charge, adjudication, or conviction], including, if applicable to
the action [for a charge], whether the allegation [charge] was
determined to be true or false.
(c)  A person or service provider [An applicant] is not
precluded from being employed by or providing services to an
educational entity based on a disclosed allegation [charge] if the
[employing] entity determines based on the information disclosed in
the affidavit that the allegation [charge] was false.
(d)  A determination that an employee or person providing
services failed to disclose information required to be disclosed by
a person [an applicant] un