Texas Senate Bill SB 1428

Texas 2025 - 89th Regular

• Filed: 2/19/25

Caption

Relating to persons not eligible for employment in public schools and to measures to ensure public schools do not employ those persons.

Summary

SB 1428 revises Texas Education Code provisions governing who may be employed by public schools and how school systems verify eligibility before hiring. The bill requires school districts, districts of innovation, open-enrollment charter schools, other charter entities, regional education service centers, and shared services arrangements to obtain criminal history record information before a person begins employment, rather than allowing a waiver of that requirement. It also expands and updates the statewide registry of persons not eligible for public school employment, adding categories tied to criminal history reviews and certain convictions, including felonies, misdemeanors involving moral turpitude, and controlled-substance offenses. The bill also strengthens enforcement by requiring the Texas Education Agency to conduct compliance monitoring and authorizing sanctions, including withholding school safety allotment funding, for entities that fail to check the registry or obtain required background information. It includes a transition provision allowing some currently employed individuals previously covered by the old disqualification rule to remain employed if the district determines they are otherwise employable and have demonstrated rehabilitation. The bill applies beginning with the 2025-2026 school year.

Impact

SB 1428 amends Chapter 22 of the Education Code by tightening pre-employment screening requirements for public school employers and broadening the list of persons who must be treated as ineligible for employment. It repeals Section 22.085(b), updates Section 22.092’s registry requirements, adds reporting duties when a disqualified person is missing from the registry, and expands TEA’s monitoring and sanctioning authority. The practical effect is to increase administrative compliance obligations for school employers and to make the statewide disqualification registry more central to hiring decisions across public schools and related education entities.

Sentiment

The available record shows no committee transcript or recorded votes, so there is no documented floor or committee debate to indicate a divided public posture. Based on the bill text, the measure appears to be framed as a school safety and child-protection bill, with an emphasis on preventing ineligible individuals from being hired in public schools. The overall tone of the legislation is precautionary and enforcement-oriented rather than controversial on its face, though it imposes stricter hiring controls and penalties on school entities.

Contention

The main potential points of contention are the expanded disqualification criteria, the requirement that employers obtain criminal history information before employment begins, and the use of funding sanctions for noncompliance. School districts, charter schools, and other affected entities may view the bill as increasing administrative burden and limiting hiring flexibility, while supporters are likely to argue that the changes are necessary to protect students and ensure consistent screening. The grandfathering provision for certain current employees suggests an attempt to balance stricter standards with fairness to existing staff who have demonstrated rehabilitation.