SB1224 - Relating to the reporting of certain public or private school employee misconduct to local law enforcement.

      By: Sparks, et al. S.B. No. 1224     A BILL TO BE ENTITLED   AN ACT   relating to the reporting of certain public or private school   employee misconduct to local law enforcement.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 21.006, Education Code, is amended by   adding Subsection (b-3) and amending Subsections (i) and (j) to   read as follows:           (b-3)     The superintendent or director of a school district,   district of innovation, open-enrollment charter school, other   charter entity, regional education service center, or shared   services arrangement shall provide written notice to the police   department of the municipality in which the entity is located or, if   the entity is not in a municipality, the sheriff of the county in   which the entity is located not later than 48 hours after the date   the superintendent or director has reasonable cause to believe that   an educator is alleged to have engaged in misconduct described by   Subsection (b)(2)(A) or (A-1).          (i)  If an educator serving as a superintendent or director   is required to provide notice under Subsection (b-3) or file a   report under Subsection (c) and fails to provide notice or file the   report by the date required by the applicable [ 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 (b-2) and fails to   provide the notice by the date required by that subsection, the   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 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.          (j)  A superintendent or director required to provide notice   under Subsection (b-3) or file a report under Subsection (c)   commits an offense if the superintendent or director fails to   provide notice or file the report by the date required by the   applicable [ that ] subsection with intent to conceal an educator's   criminal record or alleged incident of misconduct.  A principal   required to notify a superintendent or director about an educator's   criminal record or alleged incident of misconduct under Subsection   (b-2) commits an offense if the principal 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.  An offense under this subsection is a state jail   felony.          SECTION 2.  Section 21.0062, Education Code, is amended by   adding Subsection (d-1) and amending Subsections (e), (g), and (h)   to read as follows:           (d-1)     The chief administrative officer of a private school   shall provide written notice to the police department of the   municipality in which the school is located or, if the school is not   in a municipality, the sheriff of the county in which the school is   located not later than 48 hours after the date the chief   administrative officer has reasonable cause to believe that a   private school educator is alleged to have engaged in misconduct   described by Subsection (b)(2).          (e)  The report filed with the State Board for Educator   Certification under Subsection (d) must be:                (1)  in writing; and                (2)  in a form prescribed by the board.          (g)  A chief administrative officer of a private school or   any other person who in good faith files a report with the State   Board for Educator Certification under Subsection (d), provides   notice to a police department or sheriff under Subsection (d-1),   [ this section ] or communicates with a chief administrative officer   or other administrator of a private school concerning the criminal   record of or an alleged incident of misconduct by a private school   educator is immune from civil or criminal liability that might   otherwise be incurred or imposed.          (h)  The name of a student or minor who is the victim of abuse   or unlawful conduct by a private school educator must be included in   a report filed with the State Board for Educator Certification   under Subsection (d) [ this section ], but the name of the student or   minor is not public information under Chapter 552, Government Code.          SECTION 3.  Section 22.093, Education Code, is amended by   adding Subsection (c-1) and amending Subsections (i) and (k) to   read as follows:           (c-1)     The superintendent or director of a school district,   district of innovation, open-enrollment charter school, other   charter entity, regional education service center, or shared   services arrangement shall provide written notice to the police   department of the municipality in which the entity is located or, if   the entity is not in a municipality, the sheriff of the county in   which the entity is located not later than 48 hours after the date   the superintendent or director has reasonable cause to believe that   an employee is alleged to have engaged in misconduct described by   Subsection (c)(1)(A) or (B).          (i)  The commissioner shall refer an educator who fails to   provide notice under Subsection (c-1) or file a report in violation   of Subsection (f) to the State Board for Educator Certification,   and the board shall determine whether to impose sanctions against   the educator.          (k)  A superintendent or director required to provide notice   under Subsection (c-1) or file a report under Subsection (f)   commits an offense if the superintendent or director fails to   provide notice or file the report by the date required by the   applicable [ that ] subsection with intent to conceal an employee's   criminal record or alleged incident of misconduct.  A principal   required to notify a superintendent or director about an employee's   alleged incident of misconduct under Subsection (e) commits an   offense if the principal fails to provide the notice by the date   required by that subsection with intent to conceal an employee's   alleged incident of misconduct.  An offense under this subsection   is a state jail felony.          SECTION 4.  This Act takes effect September 1, 2025.