2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 22 - School District Employees and Volunteers › Subchapter C. -1. Persons Not Eligible for Employment in Public Schools › Section 22.094. Notice of Alleged Misconduct; Investigation; Hearing

Sec. 22.094.  NOTICE OF ALLEGED MISCONDUCT; INVESTIGATION; HEARING.  (a)  A person described by Section 22.093(b) and who is the subject of a report that alleges misconduct described by Section 22.093(c)(1)(A) or (B) or who is identified as having engaged in that misconduct using the interagency reportable conduct search engine established under Chapter 810, Health and Safety Code, is entitled to a hearing on the merits of the allegations of misconduct under the procedures provided by Chapter 2001, Government Code, to contest the allegation in the report or search engine.
(b)  On receiving a report filed under Section 22.093(f) or making an identification described by Subsection (a), the commissioner shall promptly send to the person who is the subject of the report or identification a notice that includes:
(1)  a statement informing the person that the person must request a hearing on the merits of the allegations of misconduct within the period provided by Subsection (c);
(2)  a request that the person submit a written response within the period provided by Subsection (c) to show cause why the commissioner should not pursue an investigation; and
(3)  a statement informing the person that if the person does not timely submit a written response to show cause as provided by Subdivision (2), the agency shall provide information indicating the person is under investigation in the manner provided by Subsection (d).
(c)  A person entitled to a hearing under Subsection (a) must request a hearing and submit a written response to show cause not later than the 10th day after the date the person receives the notice from the commissioner provided under Subsection (b).
(d)  If a person who receives notice provided under Subsection (b) does not timely submit a written response to show cause why the commissioner should not pursue an investigation, the commissioner shall instruct the agency to make available through the Internet portal developed and maintained by the agency under Section 22.095 information indicating that the person is under investigation for alleged misconduct.
(e)  If a person entitled to a hearing under Subsection (a) does not request a hearing as provided by Subsection (c), the commissioner shall:
(1)  based on the report filed under Section 22.093(f) or the identification described by Subsection (a), make a determination whether the person engaged in misconduct; and
(2)  if the commissioner determines that the person engaged in misconduct described by Section 22.093(c)(1)(A) or (B), instruct the agency to add the person's name to the registry maintained under Section 22.092.
(f)  If a person entitled to a hearing under Subsection (a) requests a hearing as provided by Subsection (c) and the final decision in that hearing determines that the person engaged in misconduct described by Section 22.093(c)(1)(A) or (B), the commissioner shall instruct the agency to add the person's name to the registry maintained under Section 22.092.
(g)  If a person entitled to a hearing under Subsection (a) requests a hearing as provided by Subsection (c) and the final decision in that hearing determines that the person did not engage in misconduct described by Section 22.093(c)(1)(A) or (B), the commissioner shall instruct the agency to immediately remove from the Internet portal developed and maintained by the agency under Section 22.095 the information indicating that the person is under investigation for alleged misconduct.
(h)  The commissioner shall adopt rules as necessary to implement this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2A.016, eff. September 1, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 954 (S.B. 1849), Sec. 1, eff. September 1, 2023.