Tex. Education Code § 22A.052 — TX Code / Code ed / Chapter 22A / Section 22A.052
§ 22A.052. REQUIREMENT TO REPORT EMPLOYEE OR SERVICE PROVIDER MISCONDUCT TO AGENCY.
Status: in_force

(a) This section applies to:

(1) a person who is employed by an educational entity and who does not hold a certification or permit issued under Subchapter B, Chapter 21; or

(2) a service provider for an educational entity who has or will have direct contact with students.

(b) In addition to the reporting requirement under Section 261.101, Family Code, the superintendent or director of an educational entity shall notify the commissioner if the superintendent or director:

(1) becomes aware of evidence that a person described by Subsection (a) engaged in misconduct described by Section 22A.051(a)(2)(A), (B), (C), or (D); or

(2) obtains criminal history record information relating to misconduct described by Subdivision (1) for a person described by Subsection (a).

(c) A superintendent or director of an educational entity shall complete an investigation of a person described by Subsection (a) that involves evidence that the person may have engaged in misconduct described by Subsection (b)(1), despite the person's termination of or resignation from employment or cessation of services for the entity before completion of the investigation.

(d) The principal of a school district, district of innovation, open-enrollment charter school, or other charter entity campus must notify the superintendent or director of the district, school, or entity not later than 48 hours after the principal becomes aware of evidence of an alleged incident of misconduct described by Subsection (b)(1).

(e) The superintendent or director of an educational entity must notify the commissioner by filing a report with the commissioner not later than 48 hours after the superintendent or director:

(1) receives notice from a principal under Subsection (d);

(2) knew about the termination of or resignation from employment or cessation of services of a person described by Subsection (a) for the entity following an alleged incident of misconduct described by Subsection (b)(1); or

(3) becomes aware of evidence of misconduct described by Subsection (b)(1).

(f) The report under Subsection (e) must be:

(1) in writing;

(2) in a form prescribed by the commissioner; and

(3) filed through the Internet portal developed and maintained by the agency under Section 22A.155.

(g) The superintendent or director shall notify the board of trustees or governing body of the educational entity and the person who is the subject of the report required under Subsection (e) of the filing of the report required by that subsection.

(h) A superintendent or director who in good faith and while acting in an official capacity files a report with the commissioner under Subsection (e) or a principal who in good faith and while acting in an official capacity notifies a superintendent or director under Subsection (d) is immune from civil or criminal liability that might otherwise be incurred or imposed.

(i) The commissioner shall refer an educator who fails to file a report in violation of Subsection (e) to the board, and the board shall determine whether to impose sanctions against the educator.

(j) The name of a student or minor who is the victim of abuse or unlawful conduct must be included in a report filed under this section, but the name of the student or minor is not public information under Chapter 552, Government Code.

(k) A superintendent or director required to file a report under Subsection (e) commits an offense if the superintendent or director fails to file the report by the date required by that subsection with intent to conceal a person's criminal record or alleged incident of misconduct described by Section 22A.051(a)(2)(A) or (B). A principal required to notify a superintendent or director about a person's alleged incident of misconduct under Subsection (d) commits an offense if the principal fails to provide the notice by the date required by that subsection with intent to conceal a person's alleged incident of misconduct described by Section 22A.051(a)(2)(A) or (B). An offense under this subsection is a state jail felony.

(l) The commissioner may review the records of an educational entity to ensure compliance with the requirement to report misconduct under this section.

(m) The commissioner shall adopt rules as necessary to implement this section.