Title ED, Education Code

Sec. 22A.053. NOTICE TO PARENT OR GUARDIAN ABOUT MISCONDUCT. (a) The board of trustees or governing body of an educational entity shall adopt a policy under which notice is provided to the parent or guardian of a student with whom a person employed by or acting as a service provi…

Sec. 22A.054. NOTICE ON CERTIFICATION RECORD OF ALLEGED MISCONDUCT; INCLUSION IN REGISTRY. (a) The board shall adopt a procedure for placing a notice of alleged misconduct on an educator's public certification records. The procedure adopted by the board must provide for immediate…

Sec. 22A.055. PRE-EMPLOYMENT OR PRE-SERVICE AFFIDAVIT. (a) A person applying for employment with or who will act as a service provider for an educational entity must submit, using a form adopted by the agency, consent for release of the person's employment records and a pre-emplo…

Sec. 22A.101. NOTICE OF ALLEGED MISCONDUCT; INVESTIGATION; HEARING. (a) This section applies to: (1) a person described by Section 22A.052(a) who is: (A) the subject of a report that alleges misconduct described by Section 22A.051(a)(2)(A), (B), (C), or (D); (B) identified as hav…

Sec. 22A.102. PRELIMINARY DETERMINATION. To the extent feasible, not later than the 30th day after receipt of a report under Section 22A.051(d), 22A.052(e), 22A.301(c), or 22A.302(c), the board or agency, as applicable, shall, based on a preliminary review of the report, make a d…

Sec. 22A.103. ISSUANCE OF SUBPOENAS. (a) During an investigation by the commissioner of an educator or person who is employed by or providing services to an educational entity for an alleged incident of misconduct, the commissioner may issue a subpoena to compel: (1) the attendan…

Sec. 22A.104. RESTRICTION ON SURRENDER OF CERTIFICATE OR PERMIT PENDING INVESTIGATION. If a person issued a certificate or permit under Subchapter B, Chapter 21, attempts to surrender the certificate or permit while the board is investigating an allegation that the person engaged…

Sec. 22A.151. REGISTRY OF PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN OR PROVISION OF SERVICES TO EDUCATIONAL ENTITIES. (a) The agency shall maintain and make available through the Internet portal developed and maintained by the agency under Section 22A.155 a registry of persons who a…

Sec. 22A.152. TEMPORARY INCLUSION IN REGISTRY BASED ON CONTINUING AND IMMINENT THREAT TO PUBLIC WELFARE. (a) The commissioner shall temporarily include a person in the registry if the commissioner, based on evidence or information presented to the commissioner regarding a complai…

Sec. 22A.153. TEMPORARY INCLUSION IN REGISTRY FOR CERTAIN ARRESTS. (a) The commissioner shall temporarily include a person who is employed by or acting as a service provider for an educational entity in the registry if the person is arrested for an offense listed under Section 22…

Sec. 22A.154. REPORTING TO LAW ENFORCEMENT. (a) In this section, "law enforcement agency" means: (1) the Department of Public Safety; (2) the police department of a municipality; (3) the sheriff's office of a county; or (4) a constable's office of a county. (b) The agency shall r…

Sec. 22A.155. INTERNET PORTAL. (a) The agency shall develop and maintain an Internet portal through which: (1) a report required under Section 22A.051(d), 22A.052(e), 22A.301(c), or 22A.302(c) is confidentially and securely filed; and (2) the agency makes available: (A) the regis…

Sec. 22A.156. COMPLIANCE MONITORING; AGENCY INVESTIGATION AND REVIEW. (a) The agency shall periodically review the records of educational entities to ensure compliance with Section 22A.151(b). (b) The agency shall review the investigations conducted by educational entities involv…

Sec. 22A.157. EMPLOYEES AND APPLICANTS CONVICTED OF OR PLACED ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN OFFENSES. (a) An educational entity shall discharge or refuse to hire an employee or applicant for employment if the entity obtains information through a crimi…

Sec. 22A.201. DENIAL OR REVOCATION OF CERTIFICATE AND TERMINATION OF EMPLOYMENT BASED ON CONVICTION OF OR PLACEMENT ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN OFFENSES. (a) The procedures described by this section apply only to: (1) conviction of or placement on d…

Sec. 22A.202. TEMPORARY SUSPENSION OF CERTIFICATION OR PERMIT BASED ON CONTINUING AND IMMINENT THREAT TO PUBLIC WELFARE. (a) The board shall temporarily suspend an educator's certification or permit issued under Subchapter B, Chapter 21, if the board, based on evidence or informa…

Sec. 22A.203. TEMPORARY SUSPENSION OF CERTIFICATION OR PERMIT FOR CERTAIN ARRESTS. (a) The board shall temporarily suspend an educator's certification or permit issued under Subchapter B, Chapter 21, if the educator is arrested for an offense listed under Section 22A.201(a). (b) …

Sec. 22A.251. REPORT BY AGENCY. (a) The agency, in cooperation with the board, shall, on a quarterly basis, post on the agency's Internet website a report on educator, employee, contractor, and service provider misconduct reported under this chapter. (b) The report under Subsecti…

Sec. 22A.301. REQUIREMENT TO REPORT MISCONDUCT: PRIVATE SCHOOLS. (a) In addition to the reporting requirement under Section 261.101, Family Code, the chief administrative officer of a private school shall notify the board if the chief administrative officer becomes aware of evide…

Sec. 22A.302. REQUIREMENT FOR COMPTROLLER TO REPORT EDUCATIONAL PROVIDER MISCONDUCT TO AGENCY AND BOARD. (a) This section applies to a person who is employed by or contracts with an educational provider to provide educational services to a child participating in the education sav…