The comptroller must report certain educational provider misconduct to the board and commissioner, notify the affected person and provider, and require providers to supply needed information. The board must propose rules and the commissioner must adopt rules to implement the section.
Sec. 22A.302. REQUIREMENT FOR COMPTROLLER TO REPORT EDUCATIONAL PROVIDER MISCONDUCT TO AGENCY AND BOARD. (a) This section applies to a person who is employed by or contracts with an educational provider to provide educational services to a child participating in the education savings account program. (b) In addition to the reporting requirement under Section 261.101, Family Code, the comptroller shall notify the board and the commissioner if the comptroller: (1) becomes aware of evidence that a person described by Subsection (a) engaged in misconduct described by Section 22A.051(a)(2)(A), (B), (C), or (D); or (2) obtains criminal history record information relating to misconduct described by Subdivision (1) for a person described by Subsection (a). (c) The comptroller must notify the board and the commissioner by filing a report with the board and the commissioner not later than 48 hours after the comptroller: (1) knew about the termination or resignation from employment or cessation of service of a person described by Subsection (a) by the person's educational provider following an alleged incident of misconduct described by Subsection (b)(1); or (2) becomes aware of evidence of misconduct described by Subsection (b)(1). (d) The report under Subsection (c) must be: (1) in writing; (2) in a form prescribed by the commissioner; and (3) filed through the Internet portal developed and maintained by the agency under Section 22A.155. (e) The comptroller shall notify the person who is the subject of the report required under Subsection (c) and the person's educational provider of the filing of the report. (f) The name of a student or minor who is the victim of abuse or unlawful conduct must be included in a report filed under this section, but the name of the student or minor is not public information under Chapter 552, Government Code. (g) The comptroller shall require an educational provider, as a condition of participating in the education savings account program, to provide information, in the manner and form prescribed by the comptroller, necessary for the comptroller to comply with this section. (h) The board shall propose rules and the commissioner shall adopt rules as necessary to implement this section. Added by Acts 2025, 89th Leg., R.S., Ch. 1138 (S.B. 571), Sec. 1.27, eff. June 20, 2025.