85R1325 GCB-F     By: Bettencourt S.B. No. 1890       A BILL TO BE ENTITLED   AN ACT   relating to employing, terminating, and reporting misconduct of   public school personnel and related entity personnel, including   creating a registry of persons ineligible for hire; creating a   criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  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:                (1) [(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 was [is] under 18   years of age at the time the offense was committed; or                (2)  an offense for which a conviction or grant of   deferred adjudication requires the defendant to register as a sex   offender under Chapter 62.          SECTION 2.  Section 7.028(a), Education Code, is amended to   read as follows:          (a)  Except as provided by Section 21.006(j), 22.092(l),   22.094, 29.001(5), 29.010(a), or 39.057, the agency may monitor   compliance with requirements applicable to a process or program   provided by a school district, campus, program, or school granted   charters under Chapter 12, including the process described by   Subchapter F, Chapter 11, or a program described by Subchapter B, C,   D, E, F, H, or I, Chapter 29, Subchapter A, Chapter 37, or Section   38.003, and the use of funds provided for such a program under   Subchapter C, Chapter 42, only as necessary to ensure:                (1)  compliance with federal law and regulations;                (2)  financial accountability, including compliance   with grant requirements; and                (3)  data integrity for purposes of:                      (A)  the Public Education Information Management   System (PEIMS); and                      (B)  accountability under Chapter 39.          SECTION 3.  Section 12.056(b), Education Code, is amended to   read as follows:          (b)  A campus or program for which a charter is granted under   this subchapter is subject to:                (1)  a provision of this title establishing a criminal   offense; and                (2)  a prohibition, restriction, or requirement, as   applicable, imposed by this title or a rule adopted under this   title, relating to:                      (A)  the Public Education Information Management   System (PEIMS) to the extent necessary to monitor compliance with   this subchapter as determined by the commissioner;                      (B)  criminal history records under Subchapter C,   Chapter 22;                      (C)  high school graduation under Section 28.025;                      (D)  special education programs under Subchapter   A, Chapter 29;                      (E)  bilingual education under Subchapter B,   Chapter 29;                      (F)  prekindergarten programs under Subchapter E,   Chapter 29;                      (G)  extracurricular activities under Section   33.081;                      (H)  health and safety under Chapter 38; [and]                      (I)  public school accountability under   Subchapters B, C, D, E, F, and J, Chapter 39;                      (J)  reporting misconduct under Sections 21.006   and 22.092; and                      (K)  the duty to discharge or refuse to hire   certain employees or applicants for employment under Section   12.1059, 22.085, or 22.091.          SECTION 4.  Section 12.1059, Education Code, is amended to   read as follows:          Sec. 12.1059.  AGENCY APPROVAL REQUIRED FOR CERTAIN   EMPLOYEES. A person may not be employed by or serve as a teacher,   librarian, educational aide, administrator, or school counselor   for an open-enrollment charter school unless:                (1)  the person has been approved by the agency   following a review of the person's national criminal history record   information as provided by Section 22.0832; and                (2)  the school has confirmed that the person is not   included in the registry under Section 22.091.          SECTION 5.  Section 12.115(a), Education Code, is amended to   read as follows:          (a)  Except as provided by Subsection (c), the commissioner   shall revoke the charter of an open-enrollment charter school or   reconstitute the governing body of the charter holder if the   commissioner determines that the charter holder:                (1)  committed a material violation of the charter,   including by a failure to:                      (A)  satisfy accountability provisions prescribed   by the charter; or                      (B)  comply with the duty to discharge or refuse   to hire certain employees or applicants for employment, as provided   by Section 12.1151;                (2)  failed to satisfy generally accepted accounting   standards of fiscal management;                (3)  failed to protect the health, safety, or welfare   of the students enrolled at the school;                (4)  failed to comply with this subchapter or another   applicable law or rule;                (5)  failed to satisfy the performance framework   standards adopted under Section 12.1181; or                (6)  is imminently insolvent as determined by the   commissioner in accordance with commissioner rule.          SECTION 6.  Subchapter D, Chapter 12, Education Code, is   amended by adding Section 12.1151 to read as follows:          Sec. 12.1151.  FAILURE TO DISCHARGE OR REFUSE TO HIRE   CERTAIN EMPLOYEES OR APPLICANTS. An open-enrollment charter school   commits a material violation of the school's charter if the school   fails to comply with the duty to discharge or refuse to hire certain   employees or applicants for employment under Section 12.1059,   22.085, or 22.091.          SECTION 7.  Section 12A.008, Education Code, is amended by   adding Subsection (b-1) to read as follows:          (b-1)  The commissioner may terminate a district's   designation as a district of innovation if the district fails to   comply with the duty to discharge or refuse to hire certain   employees or applicants for employment under Section 12.1059,   applicable to the district under Section 12A.004(a)(1), or Section   22.085 or 22.091.          SECTION 8.  Section 21.006, Education Code, is amended by   amending Subsections (b), (b-1), (c), (e), and (f) and adding   Subsections (c-1), (i), and (j) 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, district of innovation, open-enrollment charter school,   regional education service center, or shared services arrangement   or the principal of a school district, district of innovation, or   open-enrollment charter school campus shall notify the State Board   for Educator Certification if:                (1)  an educator employed by or seeking employment by   the school district, district of innovation, charter school,   service center, or shared services arrangement has a criminal   record and the school district, district of innovation, charter    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 school district,   district of innovation, charter 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 school district, district   of innovation, charter 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,   district of innovation, [or] open-enrollment charter school,   regional education service center, or shared services arrangement   or a principal of a school district, district of innovation, or   open-enrollment charter school campus shall complete an   investigation of an educator that involves [is based on] evidence   that the educator may have engaged in misconduct described by   Subsection (b)(2)(A) or (A-1), despite the educator's resignation   from [district or school] employment before completion of the   investigation.          (c)  The superintendent or director, except as otherwise   provided by Subsection (c-1), or the principal must notify the   State Board for Educator Certification by filing a report with the   board not later than the seventh day after the date the   superintendent, [or] director, or principal knew or should have   known about an educator's [employee's] criminal record under   Subsection (b)(1) or a termination of employment or resignation   following an alleged incident of misconduct described by Subsection   (b). The report must be:                (1)  in writing; and                (2)  in a form prescribed by the board.          (c-1)  A principal of a school district, district of   innovation, or open-enrollment charter school campus who files a   report under Subsection (c) must notify the superintendent or   director of the school district, district of innovation, or charter   school, as applicable, about the filing of the report. A   superintendent or director who is notified that a principal   employed by the school district, district of innovation, or charter   school has filed a report under Subsection (c) is not required to   file a report concerning the criminal record or alleged incident of   misconduct addressed in the principal's report.          (e)  A superintendent, [or] director, or principal who in   good faith and while acting in an official capacity files a report   with the State Board for Educator Certification under this section   is immune from civil or criminal liability that might otherwise be   incurred or imposed.          (f)  The State Board for Educator Certification shall   determine whether to impose sanctions against a superintendent,   [or] director, or principal who fails to file a report in violation   of Subsection (c).          (i)  A superintendent, director, or principal required to   file a report under Subsection (c) commits an offense if the   superintendent, director, or principal knowingly fails to file the   report by the date required by that subsection. An offense under   this subsection is a Class A misdemeanor, except that the offense is   a state jail felony if it is shown on the trial of the offense that   the superintendent, director, or principal intended to conceal an   educator's criminal record or alleged incident of misconduct.          (j)  The commissioner may review the records of a school   district, district of innovation, open-enrollment charter school,   regional education service center, or shared services arrangement   to ensure compliance with the requirement to report misconduct   under this section.          SECTION 9.  The heading to Section 21.058, Education Code,   is amended to read as follows:          Sec. 21.058.  REVOCATION OF CERTIFICATE AND TERMINATION OF   EMPLOYMENT BASED ON CONVICTION OF OR PLACEMENT ON DEFERRED   ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN OFFENSES.          SECTION 10.  Sections 21.058(a) and (b), Education Code, are   amended to read as follows:          (a)  The procedures described by Subsections (b) and (c)   apply only[:                [(1)]  to conviction of or placement on deferred   adjudication community supervision for:                (1)  a felony offense under Title 5, Penal Code, [or an   offense on conviction of which a defendant is required to register   as a sex offender under Chapter 62, Code of Criminal Procedure; and                [(2)]  if the victim of the offense was [is] under 18   years of age at the time the offense was committed; or                (2)  an offense for which a defendant is required to   register as a sex offender under Chapter 62, Code of Criminal   Procedure.          (b)  Notwithstanding Section 21.041(b)(7), not later than   the fifth day after the date the board receives notice under Article   42.018, Code of Criminal Procedure, of the conviction or placement   on deferred adjudication community supervision of a person who   holds a certificate under this subchapter, the board shall:                (1)  revoke the certificate held by the person; and                (2)  provide to the person, to the agency, and to any   school district or open-enrollment charter school employing the   person at the time of revocation written notice of:                      (A)  the revocation; and                      (B)  the basis for the revocation.          SECTION 11.  Subchapter B, Chapter 21, Education Code, is   amended by adding Section 21.0585 to read as follows:          Sec. 21.0585.  NOTICE TO AGENCY REGARDING REVOCATION OF   CERTIFICATE OR PERMIT FOR CERTAIN MISCONDUCT. The board shall   promptly notify the agency for purposes of Section 22.091 if the   board revokes a certificate or permit of a person on a finding that   the person engaged in misconduct described by Section   21.006(b)(2)(A) or (A-1).          SECTION 12.  Section 22.0832, Education Code, is amended to   read as follows:          Sec. 22.0832.  NATIONAL CRIMINAL HISTORY RECORD INFORMATION   REVIEW OF CERTAIN OPEN-ENROLLMENT CHARTER SCHOOL OR DISTRICT OF   INNOVATION EMPLOYEES.  (a)  The agency shall review the national   criminal history record information of an employee of an   open-enrollment charter school or district of innovation to whom   Section 12.1059 applies in the same manner as the State Board for   Educator Certification reviews certified educators under Section   22.0831.  If the agency determines that, based on information   contained in an employee's criminal history record information, the   employee would not be eligible for educator certification under   Subchapter B, Chapter 21, the agency shall notify the   open-enrollment charter school or district of innovation in writing   that the person may not be employed by the school or serve in a   capacity described by Section 12.1059.          (b)  An open-enrollment charter school or district of   innovation must provide the agency with any information requested   by the agency to enable the agency to complete a review under   Subsection (a).  Failure of an open-enrollment charter school to   provide information under this subsection is a material violation   of the school's charter. Failure of a district of innovation to   provide information under this subsection may result in termination   of the district's designation as a district of innovation.          SECTION 13.  Sections 22.0833(a), (c), (e), (f), (g), and   (h), Education Code, are amended to read as follows:          (a)  This section applies to a person who is not an applicant   for or holder of a certificate under Subchapter B, Chapter 21, and   who on or after January 1, 2008, is offered employment by:                (1)  a school district, district of innovation, or   open-enrollment charter school; or                (2)  a shared services arrangement, if the employee's   or applicant's duties are or will be performed on school property or   at another location where students are regularly present.          (c)  Before or immediately after employing or securing the   services of a person to whom this section applies, a school   district, district of innovation, open-enrollment charter school,   or shared services arrangement shall send or ensure that the person   sends to the department information that is required by the   department for obtaining national criminal history record   information, which may include fingerprints and photographs.          (e)  Each school district, district of innovation,   open-enrollment charter school, and shared services arrangement   shall obtain all criminal history record information that relates   to a person to whom this section applies through the criminal   history clearinghouse as provided by Section 411.0845, Government   Code, and shall subscribe to the criminal history record   information of the person.          (f)  The school district, district of innovation,   open-enrollment charter school, or shared services arrangement may   require a person to pay any fees related to obtaining criminal   history record information under this section.          (g)  A school district, district of innovation,   open-enrollment charter school, or shared services arrangement   shall provide the agency with the name of a person to whom this   section applies.  The agency shall obtain all criminal history   record information of the person through the criminal history   clearinghouse as provided by Section 411.0845, Government   Code.  The agency shall examine the criminal history record   information of the person and notify the district, district of   innovation, charter school, or shared services arrangement if the   person may not be hired or must be discharged as provided by Section   22.085.          (h)  The agency, the State Board for Educator Certification,   school districts, districts of innovation, open-enrollment charter   schools, and shared services arrangements may coordinate as   necessary to ensure that criminal history reviews authorized or   required under this subchapter are not unnecessarily duplicated.          SECTION 14.  Sections 22.0836(a), (c), (e), (f), (g), and   (h), Education Code, are amended to read as follows:          (a)  This section applies to a person who is a substitute   teacher for a school district, district of innovation,   open-enrollment charter school, or shared services arrangement.          (c)  A school district, district of innovation,   open-enrollment charter school, or shared services arrangement   shall send or ensure that a person to whom this section applies   sends to the department information that is required by the   department for obtaining national criminal history record   information, which may include fingerprints and photographs.          (e)  Each school district, district of innovation,   open-enrollment charter school, and shared services arrangement   shall obtain all criminal history record information that relates   to a person to whom this section applies through the criminal   history clearinghouse as provided by Section 411.0845, Government   Code.          (f)  The school district, district of innovation,   open-enrollment charter school, or shared services arrangement may   require a person to pay any fees related to obtaining criminal   history record information under this section.          (g)  A school district, district of innovation,   open-enrollment charter school, or shared services arrangement   shall provide the agency with the name of a person to whom this   section applies.  The agency shall obtain all criminal history   record information of the person through the criminal history   clearinghouse as provided by Section 411.0845, Government   Code.  The agency shall examine the criminal history record   information and certification records of the person and notify the   district, district of innovation, charter school, or shared   services arrangement if the person:                (1)  may not be hired or must be discharged as provided   by Section 22.085; or                (2)  may not be employed as a substitute teacher   because the person's educator certification has been revoked or is   suspended.          (h)  The commissioner may adopt rules to implement this   section, including rules establishing deadlines for a school   district, district of innovation, open-enrollment charter school,   or shared services arrangement to require a person to whom this   section applies to submit fingerprints and photographs in   compliance with this section and the circumstances under which a   person may not continue to be employed as a substitute teacher.          SECTION 15.  Section 22.085, Education Code, is amended to   read as follows:          Sec. 22.085.  EMPLOYEES AND APPLICANTS CONVICTED OF OR   PLACED ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN   OFFENSES. (a) A school district, district of innovation,   open-enrollment charter school, or shared services arrangement   shall discharge or refuse to hire an employee or applicant for   employment if the school district, district of innovation, charter    school, or shared services arrangement obtains information through   a criminal history record information review that[:                [(1)]  the employee or applicant has been convicted of   or placed on deferred adjudication community supervision for:                (1) [(A)]  a felony 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;                (2) [(B)]  an offense on conviction of which or on   placement on deferred adjudication community supervision for which    a defendant is required to register as a sex offender under Chapter   62, Code of Criminal Procedure; or                (3) [(C)]  an offense under the laws of another state   or federal law that is equivalent to an offense under Subdivision   (1) [Paragraph (A)] or (2) [(B); and                [(2)     at the time the offense occurred, the victim of   the offense described by Subdivision (1) was under 18 years of age   or was enrolled in a public school].          (b)  Subsection (a) does not apply if the employee or   applicant for employment committed an offense under Title 5, Penal   Code and:                (1)  the date of the commission of the offense is more   than 30 years before:                      (A)  the effective date of S.B. No. 9, Acts of the   80th Legislature, Regular Session, 2007, in the case of a person   employed by a school district, open-enrollment charter school, or   shared services arrangement as of that date; or                      (B)  the date the person's employment will begin,   in the case of a person applying for employment with a school   district, district of innovation, open-enrollment charter school,   or shared services arrangement after the effective date of S.B.   No. 9, Acts of the 80th Legislature, Regular Session, 2007; and                (2)  the employee or applicant for employment satisfied   all terms of the court order entered on conviction or successfully   completed the period of deferred adjudication community   supervision.          (c)  A school district, district of innovation,   open-enrollment charter school, or shared services arrangement may   not allow a person who is an employee of or applicant for employment   by an entity that contracts with the school district, district of   innovation, charter school, or shared services arrangement to serve   at the school district, district of innovation, or charter school   or for the shared services arrangement if the school district,   district of innovation, charter school, or shared services   arrangement obtains information described by Subsection (a)   through a criminal history record information review concerning the   employee or applicant. A school district, district of innovation,   open-enrollment charter school, or shared services arrangement   must ensure that an entity that the school district, district of   innovation, charter school, or shared services arrangement   contracts with for services has obtained all criminal history   record information as required by Section 22.0834.          (d)  A school district, district of innovation,   open-enrollment charter school, private school, regional education   service center, or shared services arrangement may discharge an   employee if the school district, district of innovation, charter   school, or private school obtains information of the employee's   conviction of a felony or of a misdemeanor involving moral   turpitude that the employee did not disclose to the State Board for   Educator Certification or the school district, district of   innovation, charter school, private school, service center, or   shared services arrangement. An employee discharged under this   section is considered to have been discharged for misconduct for   purposes of Section 207.044, Labor Code.          (e)  The State Board for Educator Certification may impose a   sanction on an educator who does not discharge an employee or refuse   to hire an applicant for employment if the educator knows or should   have known, through a criminal history record information review,   that the employee or applicant has been convicted of or placed on   deferred adjudication community supervision for an offense   described by Subsection (a).          (f)  Each school year, the superintendent [of a school   district] or chief operating officer of a school district, district   of innovation, or [an] open-enrollment charter school shall certify   to the commissioner that the district or school has complied with   this section.          (g)  A school district, district of innovation,   open-enrollment charter school, or shared services arrangement   shall promptly notify the agency for purposes of Section 22.091   that the school district, district of innovation, charter school,   or shared services arrangement discharged or refused to hire an   employee or applicant for employment as provided by this section. A   school district, district of innovation, open-enrollment charter   school, or shared services arrangement is not required to comply   with this subsection if the school district, district of   innovation, charter school, or shared services arrangement was   notified by the agency that the person must be discharged or may not   be hired as provided by this section pursuant to a review of the   person's criminal history record information by the agency.          SECTION 16.  Chapter 22, Education Code, is amended by   adding Subchapter C-1 to read as follows:   SUBCHAPTER C-1. PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC   SCHOOLS          Sec. 22.091.  REGISTRY OF PERSONS NOT ELIGIBLE FOR   EMPLOYMENT IN PUBLIC SCHOOLS. (a) The agency shall maintain and   make available to appropriate hiring entities a registry of persons   who are not eligible to be employed by a school district, district   of innovation, open-enrollment charter school, regional education   service center, or shared services arrangement.          (b)  A school district, district of innovation,   open-enrollment charter school, regional education service center,   or shared services arrangement shall discharge or refuse to hire a   person listed on the registry maintained under this section.          (c)  The registry maintained under this section must list the   following persons as not eligible to be employed by public schools:                (1)  a person determined by the agency under Section   22.0832 as a person who would not be eligible for educator   certification under Subchapter B, Chapter 21;                (2)  a person who is not eligible for employment based   on the person's criminal history record information review, as   provided by Section 22.085;                (3)  a person who is not eligible for employment based   on criminal history record information received by the agency under   Section 21.058(b);                (4)  a person whose certification or permit issued   under Subchapter B, Chapter 21, is revoked by the State Board for   Educator Certification on a finding that the person engaged in   misconduct described by Section 21.006(b)(2)(A) or (A-1); and                (5)  a person who is determined by the commissioner   under Section 22.093 to have engaged in misconduct described by   Section 22.092(c)(1)(A) or (B).          (d)  The agency shall adopt rules as necessary to implement   this section.          Sec. 22.092.  REQUIREMENT TO REPORT EMPLOYEE MISCONDUCT.   (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 a person who is employed by a   school district, district of innovation, open-enrollment charter   school, regional education service center, or shared services   arrangement and who does not hold a certification or permit issued   under Subchapter B, Chapter 21.          (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,   regional education service center, or shared services arrangement   or the principal of a school district, district of innovation, or   open-enrollment charter school campus shall notify the   commissioner if:                (1)  an employee's employment at the school district,   district of innovation, charter school, 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;   or                (2)  the employee resigned and there is evidence that   the employee engaged in misconduct described by Subdivision (1).          (d)  A superintendent or director of a school district,   district of innovation, open-enrollment charter school, regional   education service center, or shared services arrangement or a   principal of a school district, district of innovation, or   open-enrollment charter school campus 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), despite the employee's resignation from   employment before completion of the investigation.          (e)  The superintendent or director, except as otherwise   provided by Subsection (f), or the principal must notify the   commissioner by filing a report with the commissioner not later   than the seventh day after the date the superintendent, director,   or principal knew or should have known about an employee's   termination of employment or resignation following an alleged   incident of misconduct described by Subsection (c)(1).  The report   must be:                (1)  in writing; and                (2)  in a form prescribed by the commissioner.          (f)  A principal of a school district, district of   innovation, or open-enrollment charter school campus who files a   report under Subsection (e) must notify the superintendent or   director of the school district, district of innovation, or charter   school, as applicable, about the filing of the report. A   superintendent or director who is notified that a principal   employed by the school district, district of innovation, or charter   school has filed a report under Subsection (e) is not required to   file a report concerning the alleged incident of misconduct   addressed in the principal's report.          (g)  The superintendent or director shall notify the board of   trustees or governing body of the school district, district of   innovation, open-enrollment charter school, regional education   service center, or shared services arrangement and the employee of   the filing of the report required by Subsection (e).          (h)  A superintendent, director, or principal who in good   faith and while acting in an official capacity files a report with   the commissioner under this section is immune from civil or   criminal liability that might otherwise be incurred or imposed.          (i)  The commissioner shall refer an educator who fails to   file a report in violation of Subsection (e) to the State Board for   Educator Certification, and the board shall determine whether to   impose sanctions against the educator.          (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.          (k)  A superintendent, director, or principal required to   file a report under Subsection (e) commits an offense if the   superintendent, director, or principal knowingly fails to file the   report by the date required by that subsection. An offense under   this subsection is a Class A misdemeanor, except that the offense is   a state jail felony if it is shown on the trial of the offense that   the superintendent, director, or principal intended to conceal an   employee's alleged incident of misconduct.          (l)  The commissioner may review the records of a school   district, district of innovation, open-enrollment charter school,   regional education service center, or shared services arrangement   to ensure compliance with the requirement to report misconduct   under this section.          (m)  The commissioner shall adopt rules as necessary to   implement this section.          Sec. 22.093.  NOTICE OF ALLEGED MISCONDUCT; INVESTIGATION;   HEARING.  (a) A person who is the subject of a report that alleges   misconduct described by Section 22.092(c)(1)(A) or (B) is entitled   to a hearing under the procedures provided by Chapter 2001,   Government Code, to contest the allegation in the report.          (b)  On receiving a report filed under Section 22.092(e), the   commissioner shall promptly send to the person who is the subject of   the report a notice that includes:                (1)  a statement informing the person that the person   must request a hearing within the period provided by Subsection   (c);                (2)  a request that the person submit a response within   the period provided by Subsection (c) to show cause why the   commissioner should not pursue an investigation; and                (3)  a statement informing the person that if the   person does not timely submit a 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).          (c)  A person entitled to a hearing under Subsection (a) must   request a hearing and submit a response to show cause not later than   the 10th day after the date the person receives the notice from the   commissioner under Subsection (b).          (d)  If a person who receives notice under Subsection (b)   does not timely submit a response to show cause why the commissioner   should not pursue an investigation, the commissioner shall instruct   the agency to provide information indicating the person is under   investigation for alleged misconduct to a school district, district   of innovation, open-enrollment charter school, or shared services   arrangement that makes an inquiry to the agency with respect to a   national criminal history record information review of the person   under Section 22.0832 or 22.0833.          (e)  If a person entitled to a hearing under Subsection (a)   does not request a hearing as provided by Subsection (c), the   commissioner shall:                (1)  based on the report filed under Section 22.092(e),   make a determination whether the person engaged in misconduct; and                (2)  if the commissioner determines that the person   engaged in misconduct described by Section 22.092(c)(1)(A) or (B),   instruct the agency to add the person's name to the registry   maintained under Section 22.091.          (f)  If a person entitled to a hearing under Subsection (a)   requests a hearing as provided by Subsection (c) and the final   decision in that hearing determines that the person engaged in   misconduct described by Section 22.092(c)(1)(A) or (B), the   commissioner shall instruct the agency to add the person's name to   the registry maintained under Section 22.091.          (g)  If a person entitled to a hearing under Subsection (a)   requests a hearing as provided by Subsection (c) and the final   decision in that hearing determines that the person did not engage   in misconduct described by Section 22.092(c)(1)(A) or (B), the   commissioner shall instruct the agency to immediately discontinue   providing the information under Subsection (d) indicating that the   person is under investigation for alleged misconduct.          (h)  The commissioner shall adopt rules as necessary to   implement this section.          Sec. 22.094.  COMPLIANCE MONITORING. The agency shall   periodically conduct site visits and review the records of school   districts, districts of innovation, open-enrollment charter   schools, and shared services arrangements to ensure compliance with   Section 22.091(b).          SECTION 17.  Section 39.0302(a), Education Code, is amended   to read as follows:          (a)  During an agency investigation or audit of a school   district under Section 39.0301(e) or (f), an accreditation   investigation under Section 39.057(a)(8) or (14), a compliance   review under Section 21.006(j), 22.092(l), or 22.094, or an   investigation by the State Board for Educator Certification of an   educator for an alleged violation of an assessment instrument   security procedure established under Section 39.0301(a), the   commissioner may issue a subpoena to compel the attendance of a   relevant witness or the production, for inspection or copying, of   relevant evidence that is located in this state.          SECTION 18.  The Texas Education Agency shall establish the   registry of persons who are not eligible to be employed by a school   district, district of innovation, open-enrollment charter school,   regional education service center, or shared services arrangement,   as required by Section 22.091, Education Code, as added by this Act,   as soon as practicable and not later than January 1, 2018.          SECTION 19.  This Act takes effect September 1, 2017.