Bill Summary: 85R1843 GCB-D

This bill, also known as H.B. No. 218, relates to improper relationships between educators and students. It creates a new criminal offense and expands the existing offense.

Section 1:

Amends Section 21.12, Penal Code, which deals with the offense of improper relationships between educators and students. This bill adds a new subsection (e) to allow the Attorney General to prosecute these offenses in addition to local prosecutors.

Section 2:

Amends Article 42.018(a), Code of Criminal Procedure, which determines the application of criminal convictions or deferred adjudications. It states that this article only applies if the victim of the offense is under 18 years old.

Section 3:

Amends Section 21.006, Education Code, which requires school districts to report certain educator misconduct to the State Board for Educator Certification. This bill adds new subsections and amends existing subsections to expand the reporting requirements and allow for additional sanctions against educators.

Section 4:

Adds a new section, Section 21.0061, to the Education Code. This new section requires school districts to notify parents or guardians when an educator is alleged to have engaged in misconduct with a student, providing specific information about the alleged misconduct.

Section 5:

Amends Section 21.009, Education Code, which requires applicants for certain educator positions to submit a pre-employment affidavit disclosing any inappropriate relationships with a minor. This bill clarifies the information that must be included in the affidavit and allows for termination of employment if an applicant fails to disclose required information.

Section 6:

Amends Sections 21.054(d) and (e), Education Code, which address continuing education requirements for teachers and principals. This bill adds a new requirement for training on appropriate relationships, boundaries, and communications between educators and students.

Section 7:

Amends the heading to Section 21.058, Education Code, which deals with the revocation of certificates and termination of employment based on certain offenses. This is a technical change to clarify the subject matter of the section.

Section 8:

Amends Sections 21.058(a) and (b), Education Code, which allows for the revocation of certificates and termination of employment based on certain offenses. This bill expands the offenses for which certificates can be revoked and provides for written notice of revocation and the basis for revocation.

Section 9:

Adds a new section, Section 21.0581, to the Education Code. This section allows for the suspension or revocation of a certificate for an educator who assists another person in obtaining employment at a school, knowing that person has previously engaged in sexual misconduct with a minor.

Section 10:

Amends Section 21.062(a), Education Code, which allows the Commissioner of Education to issue subpoenas during investigations of educator misconduct. This bill clarifies the scope of the subpoena power.

Section 11:

Amends Section 21.355, Education Code, which relates to the confidentiality of documents evaluating the performance of teachers and administrators. This bill allows these documents to be used in disciplinary proceedings against educators based on reports of alleged misconduct.

Section 12:

Adds a new section, Section 38.027, to the Education Code. This section requires school districts to adopt a policy regarding electronic communications between school employees and students to prevent improper communications.

Section 13:

Amends Section 39.057(a), Education Code, which allows for special accreditation investigations of school districts. This bill adds a new basis for an investigation, which is a school district's failure to produce evidence or an investigation report relating to an educator under investigation by the State Board for Educator Certification.

Section 14:

Specifies that the changes made by this bill only apply to offenses committed on or after the effective date of the bill.

Section 15:

States that this bill takes effect on September 1, 2017.

Rep. James Frank

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