Tex. Educ. Code § 39.004 – Conduct of Special Investigations

(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. (1) shall provide to the district a written report of the agency's preliminary findings of the investigation;
2. (2) shall provide to the district any evidence relied on by the agency in making the preliminary findings;
3. (3) shall disclose to the district the identity of any witness whose statements the agency relied on in making the preliminary findings; and
4. (4) may not include recommended sanctions or interventions.
(d) A written report of preliminary findings under Subsection (c) and all associated materials produced by the agency in support of the report are excepted from public disclosure as audit working papers of the agency under Section 552.116, Government Code. A school district may publicly release a report of preliminary findings only if the release is approved by an affirmative vote of the board of trustees of the district.
(e) Unless otherwise provided by law, all evidence collected by the agency in connection with a special investigation, including witness statements and videos of agency interviews, are confidential and not subject to disclosure under Chapter 552, Government Code, except that evidence described by this section may be disclosed:
1. (1) to a person with a legitimate interest in the investigation; or
2. (2) in connection with an administrative or other legal proceeding brought under this title.
(f) Not later than 30 days after the date on which the board of trustees of the school district receives the written report of the preliminary findings under Subsection (c), the board of trustees of a school district may accept the agency's findings or respond in writing to the agency.
(g) The agency shall consider any response submitted by the board of trustees of the school district under Subsection (f) before providing the board of trustees of a school district a final report in writing that includes proposed sanctions or interventions.
(h) Before the commissioner determines to order a sanction or intervention based on a final report, other than a sanction or intervention described by Section 39.005, the commissioner or the commissioner's designee shall provide an informal review. An informal review provided under this section is not a contested case for purposes of Chapter 2001, Government Code.
(i) In conducting a special investigation under Section 39.003, the commissioner or the commissioner's designee may subpoena a current or former school district employee, agent, or official to compel the employee, agent, or official to attend a deposition or produce documents reasonably necessary for the investigation.
(j) If a person fails to comply with a subpoena issued under Subsection (i), the commissioner, acting through the attorney general, may file suit to enforce the subpoena in a district court in this state. On a finding that good cause exists for issuing the subpoena, the court shall order the person to comply with the subpoena and the court may punish a person who fails to obey the court order.
(k) A court may not enjoin a special investigation conducted under this section prior to the conclusion of the special investigation.
(l) A school district must exhaust the administrative remedies provided under this subchapter before appealing the findings or final recommendations of a special investigation conducted under this section to a court.
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.