HBA-LCA H.B. 2431 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2431
By: Lewis, Ron
Public Education
4/20/1999
Introduced



BACKGROUND AND PURPOSE 

H.B. 2431 affords basic rights to school district employees accused of
physical abuse or sexual misconduct towards a student.  This bill specifies
that an employee is entitled to legal counsel in connection with a school
district's investigation into such allegations, including the right of
representation during any meeting at which the employee is questioned in
connection with the investigation.  This bill also sets out procedures for
an investigation. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 22, Education Code, by adding
Section 22.006, as follows: 

Sec. 22.006.  INVESTIGATIONS OF ALLEGATIONS OF ABUSE OR SEXUAL MISCONDUCT
BY EMPLOYEE.  (a)  Provides that a school district (district) employee
against whom an allegation is made of physical abuse or sexual misconduct
toward a student is entitled to legal counsel or other representation in
connection with a district's investigation of the allegation. 

(b)  Requires the district, upon receiving an allegation, to hold a meeting
with the employee at which the employee is entitled to receive notice of
the allegation, a possible investigation, and an opportunity to respond to
the allegation.  Requires the district to notify the employee of the
employee's right to counsel or other representation. 

(c)  Requires the district to conduct an investigation of the allegation
independent of an investigation held by any other authority.  Provides that
an employee may waive the right to a prompt investigation.  Requires the
district to promptly inform the employee of its findings and recommended
action. 

(d)  Requires the district to maintain confidentiality regarding the
employee's identification, the allegation, and investigation, unless
otherwise required by law. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.