Texas Education Code

§ 39.004 — CONDUCT OF SPECIAL INVESTIGATIONS

ED § 39.004Title 2. PUBLIC EDUCATION · Part H. PUBLIC SCHOOL SYSTEM ACCOUNTABILITY · Ch. 39. PUBLIC SCHOOL SYSTEM ACCOUNTABILITY · Art. A. GENERAL PROVISIONS

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(a)The agency shall adopt written procedures for conducting special investigations, including procedures that allow the agency to obtain information from district employees in a manner that prevents a district or campus from screening the information. The agency shall make the procedures available on the agency Internet website. Agency staff must be trained in the procedures and must follow the procedures in conducting the special investigation. (a-1) During the pendency of a special investigation under this section, the agency is not required to disclose the identity of any witness.

(b)After completing a special investigation, the agency shall present preliminary findings to any person or entity the agency finds has violated a law, rule, or policy.

(c)In presenting the agency's preliminary findings to a school district under Subsection (b), the agency:

(1)shall provide to the district a written report of the agency's preliminary findings of the investigation;

(2)shall provide to the district any evidence relied on by the agency in making the preliminary findings;

(3)shall disclose to the district the identity of any witness whose statements the agency relied on in making the preliminary findings; and

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Legislative history

Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 59, eff. June 19, 2009. Acts 2015, 84th Leg., R.S., Ch. 1046 (H.B. 1842), Sec. 8, eff. June 19, 2015. Transferred, redesignated and amended from Education Code, Section 39.058 by Acts 2021, 87th Leg., R.S., Ch. 1046 (S.B. 1365), Sec. 2.04, eff. September 1, 2021.