Legislative Blog

J.B. Williams, J.D.

3 additional bills that modify the Education Code

A Blog about 88th Legislature Laws

A Bit of Background

The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically 88th Legislature Laws as it relates to that topic.

Brief Summary of Texas

Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.

Summary of 88th Legislature Laws

The blogs here will discuss the laws passed by Congress and signed into law, as well as those, passed by Congress and approved by the voters to become law. There are a multitude of laws and each time I post blogs I will notate here the current effective date if it is different from prior blogs. I am currently posting bills that took effect immediately - those bills total 336. I am currently posting regarding larger bills, so each blog covers a single bill.

Blog Summary

SB 1565 - Research security at public institutions of higher education

SB 1647 - Dropout recovery education programs

SB 1849 - Search engine conduct report, certification for Texas Juvenile Justice Department, and use of information from background checks

3 additional bills that modify the Education Code

Published: 2025-01-22

SB 1565

Research security at public institutions of higher education

Security for research shall be secure and mitigate the risk of foreign espionage and interference. The framework for the security must address:

1. achieving the highest level of compliance with ethical, legal, regulatory, contractual, and system standards and requirements in order to protect the institute's research portfolios;
2. promote a culture of compliance with federal requirements to ensure eligibility for federal funding;
3. designate a person to be responsible for:
   • maintaining classified information;
   • maintaining controlled unclassified information;
   • report foreign influence;
   • address other issues associated with the goals of the institute regarding security of research

In my opinion, this is another signal that the federal government is over involved in areas they should not be involved in. The very fact that maintaining federal funding falls into this state law. I get that the federal government should be concerned about foreign interference and knowledge of research being done in the US. However, it should be provided in guidance to states and not done through money. It is yet another reason the federal government has a bloated spending habit (one which they do not truly control), and one which all citizens are being required to pay more and more for.

SB 1647

Dropout recovery education programs

This is regarding school districts and open-enrollment charter schools program for those at risk of dropping out. It permits the programs to be in person, remote, or a hybrid of those. One per district or open-enrollment charter school is permitted.

A remote program must operate an in-person student engagement center at a suitable location.

A drop out recovery program may be operated by an accredited agency; offer referrals for mental health services; and may not market directly to students enrolled in a traditional education program.

The district or open-enrollment charter school shall post on their website a report of the outcomes of each dropout recovery program. It must include the percentage of students enrolled in the program for each of the following:

1. transfer to traditional education program;
2. successful completion of program;
3. dual credits; or
4. credential of value

In my opinion, the cost of these programs as compared to the value of the outcome should also be reported. Such that if 10% of the total student body becomes enrolled, yet the successful 'graduation' of those students is less than 50%; then perhaps the program needs to be modified. Or if 10% becomes enrolled, and out of those 50% goes back to traditional; and the remaining 50% completes the program and graduates. Yet those graduating under the program are woefully unable to be employed. This would be the 'no child left behind' syndrome. Where we graduate children that are not adequately prepared for work or life. I do understand that some of those factors are ones they need to be learning at home and not at school. Yet the dumbing down of the education system is huge problem. Just food for thought.

One last though, perhaps referring students should be done with consulting of parents are well. I've seen students be referred over merely because an administrator thought due to circumstances the student would drop out; yet known that the student's support system would have prevented that without shifting their location of learning. And I've seen that the alternate learning location did little to actually teach.

SB 1849

Search engine conduct report, certification for Texas Juvenile Justice Department, and use of information from background checks

Permits the individual being reported via a search engine the right to notice and hearing, just the same as other reporting did already.

A client is defined as a child, an individual with disability, or elderly individual that is receiving services or care from a participating state agency. Reportable conduct means that an individual engaged in abuse, neglect, exploitation, or misconduct; and notice has been provided to contest; and a final determination has been made.

The agencies covered are: Department of Family and Protective Services; Health and Human Services Commission; Texas Education Agency; and Texas Juvenile Justice Department. There needs to be a means for these agencies to search one another's information database to identify individuals who may be ineligible for employment, contract, certification, or licensure based upon reportable conduct. There may be additional users of this search database. This would include controlling persons, hiring managers, or administrators for licensed long-term care providers; providers under waiver programs; juvenile probation departments and registered juvenile justice facilities; school districts, open-enrollment charter schools, regional education centers.

For anyone identified in a search the following information must be provided:

1. individual's full name;
2. either the person's date of birth or last four of social security number, or both;
3. either information relevant to determining employment eligibility or a description of the reportable conduct;
4. the date the reportable conduct occurred or the final determination was issued
5. the participating state agency that maintains the reportable conduct information

A search query must be done before employing or permitting to volunteer. They must also set a system for running them during the employment and volunteer time. Private schools are not required to run search queries.

If a search query is the reason for not employing an individual, then notice must be provided to the individual regarding the determination. The agency may provide the opportunity for a hearing upon written request. Those hearings must follow the Government Code, Chapter 2001.

The Office of Interagency Coordination is created within the Department of Family and Protective Services. They are to coordinate with departments and agencies; as well as, communicate between agencies, users, interested persons, and the public regarding search engine information.

Information contained in the search engine is confidential and not subject to disclosure.

The Human Resources Code, Chapter 222, Subchapter B is also modified here. An individual that is terminated from employment due to conduct that demonstrates the individual is not suitable for certification may be designated permanently ineligible for certification. The executive director may convene a 3 board panel to determine if a former employee's continued eligibility for certification threatens juveniles. If it does then the department must temporarily designate the individual temporarily ineligible for certification until an administrative hearing is held. The initial hearing may only be held if the danger is imminent. And the administrative hearing must be held as soon as possible following.

I'm honestly surprised there was not already a means for the agencies to share this information. Obviously the Department of Family and Protective Services would have the highest amount of general filings, since they should be notified anytime there is a danger to a child. This information could be abused, and I think it would be better for the information being limited to those with positive findings of 'child endangerment'. Meaning just because someone claimed someone was doing something bad, that information should be shared if there was no finding that something bad was being done. Mostly because in custody matters, things can be filed just to be vindictive.

 

J.B. Williams, J.D.

4,312 federal laws were passed from 1995 through December 2016.
Along with 88,819 federal rules and regulations.