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2017 Legislative Update for Schools November 19, 2017 Katie Anderson Glenwood Hill Kelli Gavin 2017 Legislative Update for Schools November 19, 2017 Katie Anderson Glenwood Hill Kelli Gavin

Katie Anderson Strasburger & Price, LLP katie. anderson@strasburger. com 2 Katie Anderson Strasburger & Price, LLP katie. [email protected] com 2

SB 7 – Educator Misconduct Effective September 1, 2017. It is a crime for SB 7 – Educator Misconduct Effective September 1, 2017. It is a crime for non-certified personnel to have sexual contact or sex with a student who attends the public or private school where the person works 3

SB 7 – Educator Misconduct It is a crime for a person holding a SB 7 – Educator Misconduct It is a crime for a person holding a position that requires certification under Chapter 21 of the Texas Education Code to have sexual contact or sex with a student who attends any public or private school. 4

SB 7 – Educator Misconduct Previously, it was a crime for an educator to SB 7 – Educator Misconduct Previously, it was a crime for an educator to have a sexual relationship with a student in the same district. Now, it is a crime for an educator to have a sexual relationship with a student in any school, public or private. 5

SB 7 – Educator Misconduct Superintendents must report to SBEC if 1. criminal record SB 7 – Educator Misconduct Superintendents must report to SBEC if 1. criminal record information is obtained, other than via the criminal history clearing house 2. Educator was terminated or resigned and there is (any) evidence of certain types of misconduct 3. Educator violated assessment instrument security procedures. 6

SB 7 – Educator Misconduct Principals must report to superintendent not later than 7 SB 7 – Educator Misconduct Principals must report to superintendent not later than 7 th business day after date of an educator’s termination or resignation following an alleged incident or reportable conduct or the principal knew of the educator’s criminal record. Superintendents must report to SBEC not later than 7 th business day of receiving report from princnipal, obtaining information about criminal record, or educator was terminated when there was evidence of reportable conduct. 7

SB 7 – Educator Misconduct School board must adopt policies to give notice to SB 7 – Educator Misconduct School board must adopt policies to give notice to parents of a student with whom an educator allegedly engaged in abuse or otherwise committed an unlawful act. School board must adopt policy designed to prevent improper electronic communications between school employees and students. 8

Pre-Employment Affidavit Applicants for certified positions must file an affidavit (TEA released the form Pre-Employment Affidavit Applicants for certified positions must file an affidavit (TEA released the form last week) disclosing whether the applicant has ever been charged with, adjudicated for, or convicted of having an inappropriate relationship with a minor. Only persons hired will need to have the document notarized. 9

HB 1553 – Sex offenders and Exclusion from School Property Requires a sex offender HB 1553 – Sex offenders and Exclusion from School Property Requires a sex offender to notify the administrative office of a school when entering the school grounds (exceptions include a student enrolled at the school or a person who has entered a written agreement with the school that exempts them from this requirement) 10

HB 1553 – Sex offenders and Exclusion from School Property A school administrator or HB 1553 – Sex offenders and Exclusion from School Property A school administrator or peace officer may eject an individual from, or refuse entry to, property subject to the district’s control if the individual refuses to leave peaceably upon request and either the person poses a substantial risk of harm to any person or the person behaves in a manner inappropriate for the school setting. 11

Glenwood F. Hill II Bracewell, LLP glenwood. hill@bracewell. com 12 Glenwood F. Hill II Bracewell, LLP glenwood. [email protected] com 12

HB 89 – Boycotting Israel Effective September 1, 2017. A state agency or political HB 89 – Boycotting Israel Effective September 1, 2017. A state agency or political subdivision may not enter into a contract with a company for goods or services unless the contract contains (1) a certification that the company does not currently boycott Israel and (2) an agreement that the company will not boycott Israel during the term of the contract. 13

SB 252 – Business with Iran, Sudan, or Listed Terrorist Orgs Effective September 1, SB 252 – Business with Iran, Sudan, or Listed Terrorist Orgs Effective September 1, 2017. A governmental entity may not enter into a contract with a company that is identified on a list by the Comptroller of the State of Texas to be engaged in business with Iran, Sudan, or a foreign terrorist organization. The list remains under construction. 14

HB 21 & HB 30 – School Finance Passed during the First Called Session HB 21 & HB 30 – School Finance Passed during the First Called Session (Regular Session did not produce any school finance–related legislation). HB 21 is effective November 14, 2017. HB 30 (funding mechanism) is effective August 16, 2017. $212 M for TRS-Care for retired teachers under 65. 15

HB 21 & HB 30 – School Finance $150 M for Additional State Aid HB 21 & HB 30 – School Finance $150 M for Additional State Aid for Tax Reduction (ASATR) Hardship relief ($100 M in FY 2018; $50 M in FY 2019). $60 M in additional Existing Debt Allotment (EDA) funding in FY 2019. $60 M in charter schools facilities funding in FY 2019. 16

HB 21 & HB 30 – School Finance $20 M in Autism funding. $20 HB 21 & HB 30 – School Finance $20 M in Autism funding. $20 M in Dyslexia funding. Creates Public School Finance Commission. ◦ Develop and make recommendations for improvements to current public school finance system ◦ 4 members appointed by each of the Governor, Lieutenant Governor, and Speaker of the House; 1 member from SBOE ◦ Report due December 31, 2018 17

Political Outlook State political leadership is a “triumvirate” – Governor Abbott, Lieutenant Governor Patrick, Political Outlook State political leadership is a “triumvirate” – Governor Abbott, Lieutenant Governor Patrick, and Speaker of the House October 25, 2017 – Texas House Speaker Joe Straus (5 time Speaker), District 121(R-San Antonio), announces he will not seek reelection State Rep. Byron Cook, District 8 (RCorsicana) announces that same day. 18

Political Outlook Significant education-related measures failed during the 85 th Legislature (Regular Session and Political Outlook Significant education-related measures failed during the 85 th Legislature (Regular Session and First Called Session): ◦ Bathroom Bill ◦ School choice (vouchers) ◦ Property Tax Reform (can’t really have property tax reform without substantive school finance reform) ◦ School Finance Reform (see above) Expect to see these issues again in 2019; also expect contentious, substantive subject matter to come to the fore. 19

Kelli Gavin Law Offices of Richard A. Gump, Jr. kelli@rickgump. com 20 Kelli Gavin Law Offices of Richard A. Gump, Jr. [email protected] com 20

Senate Bill 4 - “Anti-Sanctuary Cities” Law SB 4 does not apply to public Senate Bill 4 - “Anti-Sanctuary Cities” Law SB 4 does not apply to public schools or open enrollment charter schools. ◦ School police or police officers otherwise contracted by schools cannot ask about a parents’ or students’ immigration status, except as permitted by federal law. 21

What does SB 4 do? SB 4 bans sanctuary city policies, which prohibit local What does SB 4 do? SB 4 bans sanctuary city policies, which prohibit local law enforcement from sharing information about a person’s immigration status with the federal government Local officials can be punished with jail time or fines if they endorse any policy that limits the enforcement of immigration laws 22

Legal Challenges to SB 4 What has been blocked? ◦ Texas may not implement Legal Challenges to SB 4 What has been blocked? ◦ Texas may not implement the provision that prohibits local agencies and campus police from adopting policies that “materially limit” immigration enforcement ◦ Local officials are still free to speak out against laws that would require cooperation with federal immigration enforcement. For example, sheriffs and police chiefs can continue to speak publicly about why asking about immigration status is a poor police practice that harms public safety. What was NOT blocked? ◦ Police officers must comply with immigration detainer requests according to existing ICE detainer practice and law ◦ Local officers can ask about immigration status, if they choose to, but only during a lawful stop or arrest. But, local officers cannot stop someone solely to ask about immigration status. ◦ Local officers are not required to ask about immigration status—they can choose not to ask. Local officers will not face any penalties if they chose not to ask about immigration status. ◦ If an officer asks about immigration status, he or she cannot hold a person longer solely to inquire about status or attempt to verify status. ◦ If a local officer learns that someone is undocumented, he or she cannot arrest or continue to hold the person on that basis. The officer can provide that information to ICE, but is not required to do so and can choose not to. ◦ Local or campus police officers cannot be prohibited or materially limited from assisting federal immigration officers, but the state must clarify the phrase “materially limits” 23

Deferred Action for Childhood Arrivals (DACA) Program started by President Obama via executive order Deferred Action for Childhood Arrivals (DACA) Program started by President Obama via executive order in 2012 that will end on March 5, 2018 unless Congress passes a law to replace the program or President Trump chooses to extend it further Provided work authorization to foreign nationals who were brought here as children—did not provide any kind of status and did not provide any sort of path to a green card or citizenship; just an agreement that the person would not be deported (deferred action). 24

DACA Data Provided work authorization to approximately 800, 000 people in the U. S. DACA Data Provided work authorization to approximately 800, 000 people in the U. S. Employees can continue working until the validity period on their current grant of work authorization expires To qualify you had to have entered the US prior to age 16, been continuously present since June 2007, have a GED, high school diploma, or be currently enrolled, and be at least 15 years old You may have current students with DACA, or you may have some DACA employees currently working for your school or district. DACA ending will not impact the students’ ability to attend school, but could hinder their ability to attend college or qualify for scholarships. The employees will no longer have work authorization and must be terminated upon the expiration of their employment authorization document. 25

Bills Introduced to Replace DACA Dream Act: would put people on a 13 -year Bills Introduced to Replace DACA Dream Act: would put people on a 13 -year path to citizenship. Even more people would qualify than just those with DACA, including those currently here with Temporary Protected Status. Cannot have any felony convictions. Recognizing America’s Children (RAC) Act: those who have been ordered deported and never left would not be eligible and if you are over age 18, you must have a high school diploma. Can obtain citizenship in 10 years. Bridge Act: allows those eligible for DACA to stay in the US for a maximum of 3 additional years. NO path to citizenship. American Hope Act: offers a path to citizenship in as little as 5 years; no education or military service requirements. Succeed Act: 15 -year path to citizenship. Must have a high school diploma, pay off any taxes, an pass a thorough background check. Must either obtain a college degree, serve in the military for 3 years, or remain employed for 10 years before applying for a green card. Cannot sponsor any relatives until after obtaining citizenship. 26

287(g) Agreements, Secure Communities, and Sensitive Locations 287(g) Agreements: Allow a local law enforcement 287(g) Agreements, Secure Communities, and Sensitive Locations 287(g) Agreements: Allow a local law enforcement entity to enter into a partnership with ICE in order to receive delegated authority for immigration enforcement with their jurisdictions (Tarrant County) Secure Communities: federal program that uses all available data systems to identify and take action against criminal and other priority aliens while a person is in the custody of another law enforcement or correctional agency (Everyone is a priority) Sensitive Locations: ICE enforcement actions at sensitive locations should generally be avoided. Sensitive locations include schools, daycares, colleges, universities, school and education-related events, bus stops, hospitals, doctor’s offices, health clinics, emergency care facilities, places of worship, funerals, weddings, and public demonstrations such as marches or parades 27

What else can you do? Encourage parents to update emergency contact and pickup information What else can you do? Encourage parents to update emergency contact and pickup information so that if he or she is detained and unable to pick up a child from school or care for them for a period of time, someone else has already been designated Only disseminate factual information, rumors and misinformation keep people living in fear of their immigration situation Watch out for people trying to scam or take advantage of immigrants 28