AUSTIN (KXAN) — Texas has a new law aimed at rooting out "bad actors" from educational settings, with another in the works.
Texas Gov. Greg Abbott signed a bill from Sen. Paul Bettencourt, R-Houston, on Monday. Senate Bill 1437 allows the Texas Juvenile Justice Department to designate former employees or volunteers permanently ineligible for certification if they engage in conduct that threatens juvenile safety. It takes effect Sept. 1.
The bill comes after a KXAN investigation found records showing the Texas Juvenile Justice Department allowed former Juvenile Corrections Officer Isaiah Smith, who was being investigated for sexual misconduct at the Giddings facility, to resign and remain eligible for hire weeks after firing him.
Records show that as part of a settlement agreement with Smith, TJJD agreed to change his termination, which rendered him ineligible for rehire, to show that he resigned “for personal reasons.” The agency also reclassified Smith as eligible for hire in its database, which is accessible to other county juvenile facilities.
Records show TJJD did not reverse its decision until more than a year after the settlement, in December 2023, after Smith was arrested and charged with indecency with a minor at an Austin Independent School District high school.
'Close all the loopholes ...'
Sen. Bettencourt filed another bill, Senate Bill 571, as a direct result of KXAN’s investigation into Smith. The House Public Education committee reported the bill favorably on Friday, and it is expected to go before the full House for a vote.
KXAN uncovered that Smith got a tutoring job at the Austin ISD high school through nonprofit Austin Partners in Education, despite the TJJD Office of Inspector General already determining he had an inappropriate relationship with a juvenile.
Records show that during his time tutoring on an Austin ISD campus, he was arrested on allegations that he inappropriately touched a student. The non-profit that hired Smith did not have immediate access to TJJD’s database, which typically contains information about suspected misconduct. The non-profit also told KXAN that Smith did not disclose that he had previously worked at the state agency during the hiring process.
Even now, the Texas Education Agency’s publicly available Do Not Hire list does not list Smith because Commissioner Morath says his agency has no statutory authority to investigate or place third-party contractors on its misconduct registry.
Austin tutor’s arrest reveals ‘cracks’ in how Texas vets school employeesSen. Bettencourt initially said he filed SB 571 to close those loopholes. The bill allowed third-party non-profits to access the state's database, the Interagency Reportable Conduct Search Engine, which will eventually house multiple agencies' state misconduct records. More than two years after lawmakers greenlit the project, the database is still not operational.
SB 571 also authorized TEA to investigate third-party contractors for misconduct and place them on its Do Not Hire registry.
The legislation has since been expanded to a 72-page bill that, in his own words, attempts to “close all the loopholes at one time.”
A bill analysis from the Senate Research Center explains that school employees, including third-party service providers, can be placed on TEA’s Do Not Hire registry for inappropriate communications with students, failing to maintain appropriate boundaries with students, or physically mistreating or threatening violence to students.
SB 571 also expands the list of convictions that would result in a mandatory termination and loss of certification to include felony offenses of public indecency or an improper relationship between an educator and a student.
The bill has received criticism over a newer provision making reports and other records related to the TEA or the State Board of Education Certification’s review or investigation of a misconduct allegation confidential and not subject to disclosure under the Texas Public Information Act.
The bill summary says the confidentiality provision was added because “current law requires seeking an [Attorney General] opinion” each time on whether the records are releasable.
“When Texas is in crisis with the growing number of educator misconduct events, we should not be hiding any record related to educator misconduct from the public,” Amy Ratleff from Plano wrote in public comments to the Texas House on the bill.
Continuing Coverage
Man accused of molesting child while tutoring at Austin ISD Austin tutor’s arrest reveals ‘cracks’ in how Texas vets school employees Juvenile officers’ do-not-hire status initially reversed amid sexual misconduct investigation Texas man’s job history before sex abuse conviction highlights background check gaps Former Austin ISD tutor and juvenile corrections officer faces more charges of indecency with children Texas Senate bill seeks to expand access to state misconduct records after KXAN investigation Texas senators consider $10,000 fine for superintendents who don’t report suspected sexual misconductThe bill, headed for a floor vote in the House, includes the confidentiality provision.
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