HBA-SEB S.B. 1380 76(R)BILL ANALYSIS Office of House Bill AnalysisS.B. 1380 By: Shapleigh Public Education 5/19/1999 Committee Report (Amended) BACKGROUND AND PURPOSE Currently, the State Board for Educator Certification (board) may obtain statewide criminal history information about a person who has applied for an educator's certificate. This method may not detect a person with a criminal record who uses an alias or who has moved from another state. S.B. 1380 requires the board to obtain from the Department of Public Safety of the State of Texas, the Federal Bureau of Investigation, and any other appropriate law enforcement or criminal justice agency all national and state criminal history record information that relates to a person admitted into an educator preparation program or an applicant for or holder of an educator's certificate. This bill also requires a person admitted into such a program or an applicant for or holder of an educator's certificate to submit the person's full legal name and any other names used by the person along with a complete set of fingerprints and other identifying information. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 21.040, Education Code, to authorize the State Board for Educator Certification (board) to commission investigators employed by the board as peace officers for the limited purpose of assisting the board in administering this subchapter (Certification of Educators). SECTION 2. Amends Section 22.082, Education Code, to require the board to obtain from the Department of Public Safety of the State of Texas (DPS), the Federal Bureau of Investigation, and any other law enforcement or criminal justice agency, as necessary, all national and state criminal history record information that relates to a person admitted into an educator preparation program approved under Section 21.045 (Accountability System for Educator Preparation Programs) or an applicant for or holder of an educator's certificate. Requires each person described above to provide the board with specific identifying information, including a set of fingerprints. Requires the board to collect a fee from a person whose criminal history record information is obtained. Prohibits the amount of the fee from exceeding the cost to the board of obtaining the information. SECTION 3. Amends Section 22.083(c), Education Code, to require a superintendent of a district or the director of an open-enrollment charter school, private school, regional education service center, or shared services arrangement to notify the board not later than the seventh day after the date the person obtains information that an applicant for or holder of an educator's certificate has a reported criminal history. SECTION 4. Amends Article 2.12, Code of Criminal Procedure, to provide that investigators commissioned by the board under Section 21.040(b), Education Code, are peace officers. SECTION 5. Amends Section 411.090, Government Code, to entitle the board to obtain from DPS any criminal history record information about a person who has been admitted into an educator preparation program or who has applied for or holds an educator's certificate. Requires DPS to retain a person's fingerprints and other identifying data and to notify the board if DPS subsequently receives criminal history record information about the person after providing initial criminal history record information about the person to the board. Prohibits criminal history record information from being released to any person except with the consent of the person who is the subject of the information, rather than the applicant for a certificate. SECTION 6. Requires the board, the Texas Education Agency, and DPS to conduct a joint study of the methods and costs of associated with requiring school leaders to obtain state and national criminal history record information for all current and new employees and volunteers. Requires those agencies, not later than June 1, 2000, to submit a report of the results of the study to the lieutenant governor, the speaker of the house of representatives, and the presiding officers of the senate standing committees on education and finance and the house standing committees on public education and appropriations. SECTION 7. Requires the board, beginning January 1, 2000, to obtain national and state criminal history record information relating to each person who, on or after that date, submits an application for an educator's certificate or is admitted into an educator preparation program. Requires the board to obtain the information in compliance with Section 22.082(a), as amended by this Act. SECTION 8. Effective date: September 1, 1999, except as provided by SECTION 9 of this Act. SECTION 9. Establishes that this Act takes effect only if the General Appropriations Act, Acts of the 76th Legislature, Regular Session, 1999, specifically provides an appropriation for the implementation of this Act. Provides that this Act has no effect if no specific implementation is established. SECTION 10. Emergency clause. EXPLANATION OF AMENDMENTS Committee Amendment #1 Amends SECTION 2 (Section 22.082, Education Code), to require the State Board for Educator Certification (board) to obtain from the Department of Public Safety of the State of Texas, the Federal Bureau of Investigation, and any other law enforcement or criminal justice agency, as necessary, all national and state criminal history record information that relates to a person admitted into an educator preparation program approved under Section 21.045 (Accountability System for Educator Preparation Programs), an applicant for an educator's certificate, or a holder of an educator's certificate who is the subject of an investigation under Section 21.041(b)(7), Education Code (relating to disciplinary proceedings, including the suspension or revocation of an educator's certificate). Authorizes, rather than requires, the board to collect a fee from the person whose criminal history record information is obtained.