SB408 - Relating to the appointment of an inspector general for education and the creation of a division of inspector general for education in the governor's office to investigate the administration of public education.

  89R4876 MEW-F     By: Middleton S.B. No. 408       A BILL TO BE ENTITLED   AN ACT   relating to the appointment of an inspector general for education   and the creation of a division of inspector general for education in   the governor's office to investigate the administration of public   education.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 37.1082, Education Code, is amended by   adding Subsection (a-1) to read as follows:           (a-1)     The commissioner may appoint the inspector general   for education established under Chapter 453, Government Code, as a   conservator for purposes of Subsection (a).          SECTION 2.  The heading to Section 37.1085, Education Code,   is amended to read as follows:          Sec. 37.1085.   INTERVENTIONS [ ASSIGNMENT OF CONSERVATOR ]   FOR NONCOMPLIANCE WITH SCHOOL SAFETY AND SECURITY REQUIREMENTS.          SECTION 3.  Section 37.1085, Education Code, is amended by   amending Subsection (c) and adding Subsection (d) to read as   follows:          (c)   Subsections (a) and (b) do [ This section does ] not apply   to a school district's failure to comply with Section 37.0814 or a   good cause exception claimed under that section.           (d)     If the division of inspector general for education   established under Chapter 453, Government Code, makes a finding of   fact under Section 453.051(c)(6), Government Code, that a school   district, an open-enrollment charter school, a regional education   service center, or another local education agency committed a   violation of a school safety and security requirement, the   commissioner may take control of the management, or any part of the   management, of the entity that committed the violation.            SECTION 4.  Section 39.003(a), Education Code, is amended to   read as follows:          (a)  The commissioner may authorize special investigations   to be conducted:                (1)  when excessive numbers of absences of students   eligible to be tested on state assessment instruments are   determined;                (2)  when excessive numbers of allowable exemptions   from the required state assessment instruments are determined;                (3)  in response to complaints submitted to the agency   with respect to alleged violations of civil rights or other   requirements imposed on the state by federal law or court order;                (4)  in response to established compliance reviews of   the district's financial accounting practices and state and federal   program requirements;                (5)  when extraordinary numbers of student placements   in disciplinary alternative education programs, other than   placements under Sections 37.006 and 37.007, are determined;                (6)  in response to an allegation involving a conflict   between members of the board of trustees or between the board and   the district administration if it appears that the conflict   involves a violation of a role or duty of the board members or the   administration clearly defined by this code;                (7)  when excessive numbers of students in special   education programs under Subchapter A, Chapter 29, are assessed   through assessment instruments developed or adopted under Section   39.023(b);                (8)  in response to an allegation regarding or an   analysis using a statistical method result indicating a possible   violation of an assessment instrument security procedure   established under Section 39.0301, including for the purpose of   investigating or auditing a school district under that section;                (9)  when a significant pattern of decreased academic   performance has developed as a result of the promotion in the   preceding two school years of students who did not perform   satisfactorily as determined by the commissioner under Section   39.0241(a) on assessment instruments administered under Section   39.023(a), (c), or (l);                (10)  when excessive numbers of students eligible to   enroll fail to complete an Algebra II course or any other advanced   course as determined by the commissioner;                (11)  when resource allocation practices as evaluated   under Section 39.0821 indicate a potential for significant   improvement in resource allocation;                (12)  when a disproportionate number of students of a   particular demographic group is graduating with a particular   endorsement under Section 28.025(c-1);                (13)  when an excessive number of students is   graduating with a particular endorsement under Section   28.025(c-1);                (14)  in response to a complaint submitted to the   agency with respect to alleged inaccurate data that is reported   through the Public Education Information Management System (PEIMS)   or through other reports required by state or federal law or rule or   court order and that is used by the agency to make a determination   relating to public school accountability, including accreditation,   under this chapter;                (15)  when 10 percent or more of the students   graduating in a particular school year from a particular high   school campus are awarded a diploma based on the determination of an   individual graduation committee under Section 28.0258;                (16)  when a school district for any reason fails to   produce, at the request of the agency, evidence or an investigation   report relating to an educator who is under investigation by the   State Board for Educator Certification; [ or ]                (17)   by the division of inspector general for   education established under Chapter 453, Government Code, for the   purpose of investigating allegations of:                       (A)     fraud, waste, and abuse in the administration   of public education; and                       (B)     violations, including violations by school   district employees, representatives, and contractors, of:                             (i)     school safety and security requirements   under Sections 37.108, 37.1081, and 37.109; or                             (ii)     other provisions of this code or other   law; or                 (18)   as the commissioner otherwise determines   necessary.          SECTION 5.  Subtitle D, Title 4, Government Code, is amended   by adding Chapter 453 to read as follows:   CHAPTER 453. INSPECTOR GENERAL FOR EDUCATION   SUBCHAPTER A. GENERAL PROVISIONS           Sec. 453.001.  DEFINITIONS. In this chapter:                 (1)     "Division" means the division of inspector general   for education established under this chapter.                 (2)     "Fraud" means an intentional deception or   misrepresentation made by a person with the knowledge that the   deception or misrepresentation could result in some unauthorized   benefit to that person or some other person. The term includes any   act that constitutes fraud under applicable federal or state law.                 (3)     "Local education agency" includes a school   district or county system described by Subchapter G, Chapter 11,   Education Code.           Sec.   453.002.     DIVISION OF INSPECTOR GENERAL FOR EDUCATION.   (a) The division of inspector general for education is established   in the office of the governor.           (b)     The governor shall appoint an inspector general to serve   as director of the division. The inspector general serves until   removed by the governor.           (c)     The office of the governor shall provide staff and   administrative resources and support services as necessary to   ensure investigations and reviews authorized by this chapter are   conducted expeditiously.   SUBCHAPTER B. POWERS AND DUTIES           Sec.   453.051.     GENERAL RESPONSIBILITIES. (a)   The division   is responsible for:                 (1)     the investigation, prevention, and detection of   wrongdoing and fraud, waste, and abuse in the administration of   public education by school districts, open-enrollment charter   schools, regional education service centers, and other local   education agencies in this state;                 (2)     the investigation of violations of school safety   and security requirements and other provisions of the Education   Code or other law by entities described by Subdivision (1); and                 (3)     at the discretion of the division, the   investigation of complaints received from public school students   and parents regarding issues involving an entity described by   Subdivision (1).           (b)  The division may investigate allegations of:                 (1)  fraud, waste, and abuse; and                 (2)  violations of:                       (A)     school safety and security requirements   under Sections 37.108, 37.1081, and 37.109, Education Code; or                       (B)     any other provision of the Education Code or   other law.           (c)  The division may:                 (1)     conduct civil and administrative investigations   and initiate reviews of a school district, an open-enrollment   charter school, a regional education service center, or another   local education agency as considered appropriate by the inspector   general;                 (2)     conduct audits of the use of money, including   money used for school security, by an entity described by   Subdivision (1);                 (3)     receive complaints from any source and investigate   those complaints on the division's own initiative;                 (4)     conduct special investigations authorized by the   commissioner of education under Section 39.003(a), Education Code;                 (5)     review public school safety and security audits   conducted under Section 37.108, Education Code;                 (6)     make findings of fact that an entity described by   Subdivision (1) or an employee or agent of that entity committed an   act of wrongdoing, fraud, waste, or abuse in the administration of   public education or a violation of a school safety and security   requirement and take appropriate action as determined by the   governor in cons [Text truncated for display. 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