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The Senate Committee on Education met on March 19, 2019, to take up a number of bills. This report covers SB 372 (Campbell), SB 435 (Nelson), SB 458 (Huffman), SB 933 (Bettencourt), SB 1230 (Bettencourt), SB 1231 (Bettencourt), SB 1256 (Bettencourt), and SB 1476 (Bettencourt).

This report is intended to give you an overview and highlight of the discussions on the various topics the committee took up. It is not a verbatim transcript of the hearing but is based upon what was audible or understandable to the observer and the desire to get details out as quickly as possible with few errors or omissions.

 

SB 435 (Nelson) – Relating to recommendations by local school health advisory councils regarding opioid addiction and abuse education in public schools.

Nelson opening comments

  • Directs each local health advisory council to recommend appropriate opioid abuse curriculum for school districts.
  • Research shows that overdose deaths decrease in areas where opioid education programs are in place.

 

Public testimony

Shannon Hoffman, Hogg Foundation for Mental Health – For

  • 1 in 5 high school students have reported taking prescription drugs that were not prescribed to them.
  • Use during high school has strong relationship with use and abuse later in life.
  • Education and understanding of the long term effects of opioids decreases use and abuse.
  • Lucio – Have there been any TEA studies showing which students might be using alcohol on campus?
    • Hoffman – Yes data shows how many are using and where they get it from.
    • Lucio – You don’t remember how they get the alcohol to the school?
    • Hoffman – Not off the top, but there is data showing some get it from home and from friends.
    • Lucio – There is drinking going on in high schools and middle schools, we need data on it to see how we can overcome it.

 

Marcellina Melvin, Meadows Mental Health Policy Institute – For

  • Main source of abused opioids are from prescription medications, either their own or from family and friends.
  • Many numbers who have opioid prescriptions report using them to get high or to enhance the effects of alcohol.
  • Opioid misuse in adolescence can lead to heroin use later in life.

 

Josette Saxton, Texans Care for Children – For

  • School Health Advisory Councils (SHACs) across the state can provide support to school districts in identifying ways to support children’s health and well-being.
  • SHACs can be a way for community to make recommendations to districts.

 

Shelly Ramos, TEA – On

  • Lucio – The SHACs have done a good job on nutrition programs, does every school district have one? They could do a good job with opioids.
    • Ramos – Yes there is one SHAC per district, they are required to have one.

SB 435 left pending.

 

SB 933 (Bettencourt) (Committee Substitute) – Relating to the creation of the office of inspector general at the Texas Education Agency to investigate the administration of public education.

Bettencourt opening comments

  • Passed unanimously out of Senate and Committee last session.
  • OIG currently does not have adequate authority to investigate fraud, waste, and abuse in school districts and open-enrollment charter schools.
  • Education is largest portion of GR at 38.9%, needs an office at OIG.
  • CS makes some technical corrections concerning staff and administrative services.
  • West – Supported this bill last session, are there no fiscal implications to this? The powers being given are similar to HHSC, it seems like there would be implications to TEA.
    • Bettencourt – The CS recognizes that there is an additional cost to this.
    • West – CS says the staffing would depend on resources from the agency?
    • Bettencourt – That was the plan two years ago, the CS triggered that they do need additional staff, which would cost around $500k.
  • Watson – Had the same question as West, how does it cost no money? Second question, you have said this is along the lines of what we have at HHSC, but the bill seems to exclude TEA and only include the local, I want to make sure if that is the intent?
    • Bettencourt – We have a committee amendment that would cover that.
  • West – There was a provision in the bill that talked about the OIG initiating investigations, we need more clarity on theat.
    • Watson – Could use the language for OIG on HHSC as a model.
    • West – In this bill we are giving appointment powers to the Commissioner that in the past have been given to the Governor?
    • Bettencourt – Though on that has changed in the past two years.
    • West – Might want to think about that in the future.
  • Committee amendment – Sent up, covers certain powers that will be granted to the OIG.
    • West – On page 1 lines 18-24, it says OIG can inspect certain documents?
    • Bettencourt – That is correct, refer to resource witnesses.
    • West – I will be undecided on this until I can further review it.
    • Bettencourt – Can you work on the floor?
    • West – Yes.
    • Amendment adopted.

 

Public testimony

A.J. Crabill, TEA – On

  • This bill could be handled with 4 additional staff.
  • West – 4 additional staff are going to cost $500k?
    • Crabill – 4 investigators and 1 attorney.
  • West – The OIG has authority to inspect attorney work product?
    • Crabill – That is the way I read it.
  • Lucio – If there is fraud or criminal activity what is the process school districts or school boards follow?
    • Crabill – Depends on the allegations, the agency does not currently have authority over criminal matters and would likely be referred to the AG. This bill would create a space where the agency could intercede in a scenario where currently they could not.
    • Lucio – Once this is set up I would like to know what process any group of people would go about that.
    • Crabill – When things are outside our jurisdiction we usually refer that as a matter of best practice, this would codify that in statute. There are scenarios where we are limited in our investigative authority due to the hodge-podge of subpoena authority.
  • West – Might also want to make sure we adjust the amendment to include the TEA. On line 27, starting with the word “or”, that is a Mack truck, do we need that in there?
    • Bettencourt – I would be happy to take that out.
    • West – Will draft an amendment to the amendment.

 

Christine Brogel, Texans for Special Education Reform – For

  • Special education has come under fire in recent years, this is an unfortunate but necessary step.
  • Would recommend change on hiring and firing authority of certain staff in the bill.

 

Jennifer Fleck, self – For

  • Current law does not afford a parent to recourse in situations where there is a violation of law by school districts. Hope that this bill covers parents.
  • Bettencourt – We are very conscious of the issue that there is nowhere to go if there is a problem, which is what this bill is for.
  • Lucio – Appreciate the testimony, it would not be complete without you here.
  • Hall – Make sure I heard you right, there was a school district that sent a parent a letter telling them what they could say outside of the school?
    • Fleck – Yes they sent a letter outlining what she could and couldn’t say.
    • Hall – Maybe we should make school districts take a course in civics where they are required to read the 1st
  • Paxton – Have two daughters going into education, they see things in the classroom that are concerning and don’t know what to do, would this bill help with that?
    • Fleck – Yes I am hoping that is what the bill will do.
    • Bettencourt – This is a problem with any behavior like this, it needs to be outed and that is what these bills are designed to do.

SB 933 left pending.

 

SB 372 (Campbell) – Relating to the authority of an open-enrollment charter school to employ security personnel, commission peace officers, and have school resource officers.

Campbell opening comments

  • There are currently 4 security options available to public schools. Open-enrollment charter schools only have one choice available.
  • This bill will give open-enrollment charter schools the same access to security providers as traditional public schools.

SB 372 left pending.

 

SB 458 (Huffman) – Relating to training requirements for a member of the board of trustees and the superintendent of an independent school district regarding sexual abuse, human trafficking, and other maltreatment of children.

Laid out by Campbell

  • Traffickers are finding victims in more creative ways, it is now imperative that people who work with children are able to identify traffickers.
  • School board trustees must receive 1-hour training every two years to identify signs of sexual abuse, human trafficking, and other abuse of children.
  • School boards can require or recommend that district employees take the same training if they find it valuable.

 

Public testimony

Jamie Caruthers, Children at Risk – For

  • 35,000 public school students attend school within 1,000 feet of an illicit massage business.
  • Children are walking past these places in close proximity to pimps and sex-buyers.
  • Trustees and superintendents are setting policy, these people need to have good information on human trafficking.

SB 458 left pending.

 

SB 1230 (Bettencourt) (Committee substitute)– Relating to the reporting of private school educator misconduct.

SB 1231 (Bettencourt) – Relating to providing certain public and private school administrators with information regarding certain child abuse and neglect investigations and allegations.

Bettencourt opening comments

  • SB 1230 and 1231 laid out together
  • SB 1230
    • Closing loopholes for conduct and inappropriate relationships between educators and students in private schools.
    • Success of SB 7 means there are issues cropping up in the private school arena.
    • Private schools are in favor of the bill.
    • CS changes some technical language. Matches the bill pattern to SB 7 from last session.
  • SB 1231
    • DFPS will be required to release investigation results to private schools in the same way they are to public schools.
  • Inappropriate student-teacher relationships are constantly on the news, this will drive those people out of the school system.

 

Public testimony

Stephanie Sherman, Gateway Academy – For

  • Students with disabilities are the most vulnerable population, need protection.
  • Mandatory reporting of do not hire lists to private schools would help protect students.

 

Marti West, Archdiocese of San Antonio – For

  • Certain predatory individuals sought out private Catholic schools because private schools are not under the same scrutiny as public schools.
  • SB 1230 and 1231 would have prevented the situation from occurring in the first place.
  • Lucio – What happened to the individual who was abusing the students?
    • West, Archdiocese of SA – We were not informed of the full extent of the DFPS report.
    • Lucio- If someone is found guilty what happens? Asking Sen. Watson
    • Watson – The legislation has reporting requirements and DFPS has to report to schools if it initiates investigations. The end result or criminal prosecution is not addressed by these bills.
    • West, Archdiocese of SA – Any criminal convictions would show up in background checks, we would need access to any investigations that did not necessarily result in prosecution.

 

Jennifer Allmon, Texas Catholic Conference of Bishops – For

  • Both bills would help protect students in all schools in Texas.
  • Private schools do not have the same access to reports on boundary violations and performance evaluations as public schools do.
  • Lucio – Is there a policy that requires the administration inform the teachers of the consequences if they are involved with a student?
    • Allmon – We have training for our teachers every two years on this issue.
    • Lucio – That could act as a deterrent from the beginning.

 

Laura Colangelo, Texas Private Schools Association – For

  • Private schools are committed to student safety, these bill will promote that.
  • Private and charter schools are hiring a lot of uncertified teachers, those teachers are not subject to investigations. That loophole should be closed.
  • Bettencourt – Thank for bringing this up and keeping kids safe. Private schools wanting to be covered by SB 7 is a welcome development.

SB 1230 and SB 1231 left pending.

 

SB 1256 (Bettencourt) (Committee Substitute) – Relating to employing, terminating, and reporting the misconduct of public school personnel and related entity personnel, including creating a registry of persons ineligible for hire; creating criminal offenses.

SB 1476 (Bettencourt) – Relating to the requirement for certain administrators of certain educational entities to report certain educator misconduct to the State Board for Educator Certification.

Bettencourt opening comments

  • Laid out SB 1476 at the same time
  • SB 1256
    • Creates a do-not-hire registry for educators who have had inappropriate relationships with students.
    • There has been a tremendous increase in investigations of such relationships over the past few years.
    • CS adds language to ensure TEA has access to criminal history of any employee of a school districts. Private and public schools will receive equivalent access.
  • SB 1476
    • Corrects a confusion from SB 7 from last session. When allegations are unfounded, a superintendent does not have to report the incident.
  • West – Question on what exactly SB 1476 is doing?
    • Bettencourt – Defer to witness.

 

Public testimony

Laura Moriaty, TEA – On

  • West – Same question as I asked Bettencourt
    • Moriaty – The bill currently suggests that a record should be maintained for as long as twenty years, districts do not want to keep records that long.
    • Bettencourt – If there has been an alleged incident and the investigation clears them, I do not want that popping up 20 years later when they retire, this is what the bill does.
    • West – That’s all it does?
    • Bettencourt – Yes that is all 1476 does.

 

Marti West, Archdiocese of San Antonio – For

  • Do-not-hire registry would have prevented a predatory teacher from being hired in the first place.
  • Bettencourt – Did not have the money for the registry last session, hope we do now. If the allegations are true these people need to get out of the system.

 

Laura Colangelo, Texas Private Schools Association – For

  • Anyone with access to children should be subject to these investigations.

 

Jennifer Allmon, Texas Catholic Conference of Bishops – For

  • Bill is essential to keep children safe.

 

Theresa Galvez, self – For

  • This bill pertains to physical and emotional abuse as well as sexual abuse.
  • Teachers who abused a special ed child and had a number of DUI and public intoxication arrests was hired by another school who had no way of knowing his history.
  • Bettencourt – Teachers who cross this line will have to know they are damaging these kids and they will be damaging themselves if the registry comes into effect.
  • Taylor – You put in an open records request and TEA couldn’t do it?
    • Galvez – TEA said they would have to manually search the records which would cost $15k. With a registry it would not be so expensive.
    • Taylor – You said the teacher had a criminal history?
    • Galvez – He had public intoxication charges, but those had been reduced to misdemeanors which allowed him to be hired.

SB 1256 and SB 1476 left pending.