HBA-MPM H.B. 1803 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1803
By: Culberson
Public Education
3/11/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, some public school employees are permitted to continue working
with students even though the employees have prior convictions or multiple
allegations of sexual misconduct, as evidenced in recent news reports
regarding cases of sexual assault against students by employees in the
Houston area.  H.B. 1803 requires the State Board for Educator
Certification to obtain criminal record information on teachers from the
Federal Bureau of Investigation and other national and state law
enforcement agencies, and charges the Texas Education Agency with obtaining
records regarding all school staff and volunteers.  This bill also requires
all public and private schools to verify a job applicant's criminal history
before employment and to update the employee's record on a yearly basis.
The bill further provides that should it be found in the course of an
investigation that an employee has allegedly committed an offense, the
school superintendent is required by law to remove that employee from any
situation where the employee is likely to have contact with a student.
Furthermore, this bill also requires the superintendent to suspend an
employee without pay until there is a disposition of the charges in the
case, in the event the employee is formally charged with a crime. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly granted to the Texas Education Agency in SECTION 1
(Section 22.082, Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 22.082-22.085, Education Code, as follows:

Sec. 22.082.  New title:  ACCESS TO CRIMINAL HISTORY RECORDS BY STATE BOARD
FOR EDUCATOR CERTIFICATION AND AGENCY.  (a)  Requires the State Board for
Educator Certification (board) to obtain from the Federal Bureau of
Investigation identification division, in addition to any other law
enforcement or criminal justice agency, as necessary, all national and
state criminal history record information relating to an applicant for or
holder of a certificate issued under Subchapter B (Certification of
Educators), Chapter 21 (Educators), Education Code.  Requires the board to
maintain and annually update the information it obtains under this
subsection and to maintain and update as often as necessary the information
it obtains under Section 22.083(c), Education Code, or proposed Section
22.0851.  

(b)  Requires the Texas Education Agency (agency) to obtain from each
school district (district), open-enrollment charter school, private school
(schools), regional education service center (service center), or shared
services arrangement (services arrangement) all information these entities
obtain under Section 22.083(a)(1) or Section 22.083(b), Education Code,
from any law enforcement or criminal justice agency.  Requires the agency
to maintain and annually update the information it obtains from the
entities listed above or the services arrangement that the entities obtain
under Section 22.083(b), Education Code, from any law enforcement or
criminal justice agency.  Requires the agency to maintain and update as
necessary the information it obtains from the entities or services
arrangement that the entities obtain under Section 22.083(a)(1) or (c) or
22.0851, Education Code. 
 
(c)  Authorizes the board to collect a fee from the person whose criminal
history record information it obtains and for updating this information in
accordance with Subsection (a).  Provides that the amount of this fee may
not exceed the cost to the board for obtaining the information. 

(d)  Authorizes the board to propose and the agency to adopt rules as
necessary to implement this section. 

Sec. 22.083.  ACCESS TO CRIMINAL HISTORY RECORDS BY LOCAL AND REGIONAL
EDUCATION AUTHORITIES.  (a)  Requires, rather than authorizes, a district,
school, service center, or services arrangement to obtain from: 

(1) the Federal Bureau of Investigation identification division, in
addition to any other law enforcement or criminal justice agency, as
necessary, all national and state criminal history record information
relating to a person, other than the applicant for or holder of a
certificate issued under Subchapter B, Chapter 21, Education Code, who has
indicated, in writing, an intention to serve as a volunteer, in addition to
a person whom these entities intend to employ in any capacity;   

(2) the board all information it is required to maintain under Section
22.082 relating to an applicant for or holder of a certificate issued under
Subchapter B, Chapter 21, Education Code, whom the entities intend to
employ or, if appropriate, a person who has indicated an intention to serve
as a volunteer in writing; and 

(3)  the agency all information it is required to maintain under Section
22.082 relating to a person, other than an applicant for or holder of a
certificate issued under Subchapter B, Chapter 21, Education Code, whom
these entities intend to employ or, if appropriate, a person who has
indicated in writing an intention to serve as a volunteer. 

Makes conforming and nonsubstantive changes.

(b)  Requires, rather than authorizes, a district, school, service center,
or services arrangement to obtain annually from the Federal Bureau of
Investigation identification division, in addition to any other law
enforcement or criminal justice agency and to obtain from the board., as
appropriate, all national and state criminal history record information or
other information maintained under Section 22.082 relating to certain
volunteers, applicants, and employees. 

(c)  Requires the superintendent of a district or the director of a school,
service center, or services arrangement to notify the board in writing no
later than the seventh day after the person obtains information that an
applicant for or holder of a certificate issued under Subchapter B, Chapter
21, Education Code, has allegedly engaged in misconduct involving moral
turpitude against a student, in addition to having a reported criminal
history.  Requires the officials listed above to notify the agency in
writing no later than the seventh day after obtaining information that an
applicant for employment or a volunteer position or an employee or
volunteer, other than an applicant for or holder of a certificate issued
under Subchapter B, Chapter 21, Education Code, has a reported criminal
history or allegedly has engaged in misconduct involving moral turpitude
against a student.  Requires the principal of each public school to provide
the superintendent of the district with information necessary to carry out
the superintendent's duties under this subsection no later than the second
school day after the principal obtains the information. 

(d)  Requires a district, school, service center, or services arrangement,
in accordance with this section, to place a verification of obtaining
criminal history record in the personnel file of each person employed  in
any capacity by these entities. 

Sec. 22.084.  ACCESS TO CRIMINAL HISTORY RECORDS OF SCHOOL BUS  DRIVERS,
BUS MONITORS, AND BUS AIDES.  (a)  Requires a district, school, service
center, or services arrangement that contracts with a person for
transportation services to obtain from the agency, in addition to any law
enforcement agency or criminal justice agency, all criminal history record
information relating to a bus driver or a person who is to be hired as a
bus driver. 

(b)  Deletes the provision that a district, school, service center, or
shared services arrangement may hire a person described by Subsection (a)
who has been convicted of a felony or misdemeanor involving moral turpitude
with the permission of the board of trustees of the district or service
center, the governing body of the district or service center, the governing
body of the open-enrollment charter school, or the chief executive officer
of the private school or shared services arrangement. 

(c)  Requires, rather than authorizes, a commercial transportation company
that contracts with a district, school, service center, or services
arrangement to provide transportation to obtain from the agency, in
addition to any law enforcement or criminal justice agency, all criminal
history record information relating to a person employed by the company as
a bus driver, bus monitor, or bus aide; or a person the company intends to
hire in these capacities. 

(d)  Deletes the provision that a commercial transportation company may
employ a person who has been convicted of a felony or misdemeanor involving
moral turpitude to serve as a bus monitor or bus aide on a bus on which
students are transported with the permission of the board of trustees of
the district or service center, the governing body of the district or
service center, the governing body of the open-enrollment charter school,
or the chief executive officer of the private school or shared services
arrangement. 

Sec. 22.085.  DISCHARGE OF EMPLOYEES CONVICTED OF OFFENSES.  Requires,
rather than authorizes, a district, school, service center or services
arrangement to discharge an employee if any of these entities obtain
information that the employee has been convicted of a felony or of a
misdemeanor involving moral turpitude.  Deletes language qualifying the
information as that which the employee did not disclose to the board or the
entities listed above. 

SECTION 2.  Amends Subchapter C, Chapter 22, Education Code, by adding
Section 22.0851, as follows: 

Sec. 22.0851.  INVESTIGATION AND DOCUMENTATION OF ALLEGATION OF CERTAIN
MISCONDUCT.  (a)  Requires the superintendent of a district or the director
of a school, service center, or services arrangement who obtains
information that an employee or volunteer has allegedly engaged in
misconduct involving moral turpitude against a student to: 

(1)  immediately remove that person from a situation in which the person is
likely to have contact with a student; 
(2)  investigate the allegation;
(3) document the allegation and each aspect of the investigation in the
person's personnel file, if the person is an employee;  
(4)  report the matter in accordance with Subchapter B (Report of Abuse or
Neglect; Immunities), Chapter 261 (Investigation of Report of Child Abuse
or Neglect), Family Code; and 
(5) report to the board or the agency, as appropriate, the information
under Subdivision (3). 

(b)  Requires an employee charged with a criminal offense for conduct that
is the subject of an investigation under this section to be suspended
without pay until a final disposition of the charges in the case is
reached. 

SECTION 3.  Amends Section 22.086, Education Code, to include the agency
among a list of entities  which are not civilly or criminally liable for
making a report under this subchapter. 

SECTION 4.  Amends Subchapter B, Chapter 21, Education Code, by adding
Section 21.0461, as follows: 

Sec. 21.0461.  SUSPENSION OR REVOCATION OF CERTIFICATION AS SUPERINTENDENT
OR PRINCIPAL.  Authorizes the board to suspend or revoke the certification
of a person as a superintendent or principal who fails to carry out duties
under Section 22.083(c) or 22.0851. 

SECTION 5.  Repealer:  Section 521.022(f) (Restrictions on Operators of
Certain School Buses), Transportation Code. This subdivision states that
before a person is employed to operate a school bus to transport students,
the employer must obtain a criminal history record check, and that a
district, school, service center,  or services arrangement, or a commercial
transportation company under contract with a district, that obtains
information that a person has been convicted of a felony or misdemeanor
involving moral turpitude may not employ the person to drive a school bus
on which students are transported unless the employment is approved by the
board of trustees of the school district or the board's designee. 

SECTION 6.  Requires the board, beginning September 1, 1999, and in
compliance with Section 22.082(a), Education Code, to obtain national and
state criminal history record information relating to each person holding a
certificate issued under Subchapter B, Chapter 21, Education Code, and each
person submitting an application for a certificate under that chapter on or
after that date.  

SECTION 7.  (a)  Requires a district, school, service center, or services
arrangement, beginning September 1, 1999, and in compliance with Section
22.083(a), Education Code, to obtain national and state criminal history
record information relating to each person these entities intend to employ
in any capacity and each person who has indicated in writing an intention
to serve as a volunteer. 

(b)  Requires a district, school, service center, or services arrangement
to obtain, no later than January 1, 2000, national and state criminal
history record information relating to each person initially employed by
these entities before September 1, 1999, other than a person who is the
holder of a certificate issued under Subchapter B, Chapter 21, Education
Code, or who submits an application for a certificate under that subchapter
on or after September 1, 1999.  Requires these entities to provide the
information to the agency as soon as practicable after obtaining it. 

SECTION 8.  Effective date: September 1, 1999.

SECTION 9.  Emergency clause.