Texas’ 85th legislative session convenes Jan. 10, and local lawmakers are already filing bills to follow through on some campaign promises. One promise of state Rep. Tony Dale, R-Cedar Park, was to ensure teachers charged with fostering inappropriate relationships with students are not passed from one district to the next.

Dale filed House Bill 218 on Nov. 14. He said Texas Education Agency reports show an increasing frequency of inappropriate teacher-student relationships, and former McNeil High School cross country coach Christopher Cotten is an example of why the law is needed.

Cotten pleaded guilty in March to the felony offense of having an improper relationship between an educator and a student and indecency with a child. A 16-year-old McNeil student came forward in April 2015, saying Cotten kissed her and sent her several texts containing inappropriate photos.

“He worked for Austin ISD and was allowed to resign. He worked at Pflugerville ISD and was allowed to resign,” Dale said.

Cotten was then hired to work in Round Rock ISD. After charges were filed against him, it came to light that he had pursued children at AISD and PfISD prior to those resignations, Dale said.

He said Cotten never should have had to opportunity to work at McNeil. HB 218 would close the loophole that currently allows teachers involved in inappropriate relationships to resign and have the details placed in a campus file rather than a personnel file.

The bill also aims to expand criminal liability to include educators who target students in other schools or other school districts.

The bill would also expand culpability to include principals. Under current law, only superintendents and directors have a duty to report inappropriate teacher-student relationships. 

HB 218 would also criminalize failure to report inappropriate relationships to the State Board for Educator Certification and require school districts to produce investigation reports to the SBEC. Under current law there is no criminal penalty for failing to report. 

The bill would also revoke an educator’s certificate if he or she becomes a registered sex offender, regardless of whether he or she was adjudicated or convicted. 

It would also require school districts to adopt continuing education for teachers about appropriate relationships, boundaries and communication, and require districts to adopt and enforce policies regarding teacher-student electronic communications.

Dale said the initiative is a priority for House Speaker Joe Straus, R-San Antonio, and Lt. Gov. Dan Patrick has expressed concern over the topic. He said he is confident legislation to prevent these instances will pass this session.