texas teacher background check requirements

NCPA-qualified school contractors with access to the Clearinghouse may continue to fingerprint employees using the procedures under TEC 22.0834 in order to certify compliance with the statute. (c) Repealed by Acts 2007, 80th Leg., R.S., Ch. 3), Sec. EXHAUSTION OF REMEDIES. (b) Except as provided by Subsections (c) and (d), a person that contracts with a school district, open-enrollment charter school, private school, regional education service center, or shared services arrangement to provide transportation services shall submit to the district, school, service center, or shared services arrangement the name and other identification data required to obtain criminal history record information of each person described by Subsection (a). In this subchapter: (1) "Cafeteria plan" means a plan as defined and authorized by Section 125, Internal Revenue Code of 1986. 1470), Sec. June 15, 2001; Acts 2003, 78th Leg., ch. To request that the Department review your criminal background and issue a criminal history evaluation letter, please fill out the request form, complete a criminal history questionnaire for each crime for which you were convicted or placed on deferred adjudication, and pay the $10.00 request fee. EMPLOYEES AND APPLICANTS CONVICTED OF OR PLACED ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN OFFENSES. Provide payment through Texas Online. (a) In this section, "school employee" means any person employed by a school district in an executive, administrative, or clerical capacity or as a superintendent, principal, teacher, or instructor. Can anyone request aPreliminary Criminal History Evaluation? June 17, 2011. (c) For purposes of Subsection (b), an employee of a school district is physically assaulted if the person engaging in the conduct causing injury to the employee: (1) could be prosecuted for assault; or. If your period of incarceration extends past 5 years from the date of this revocation, you will be eligible to reapply for a license when released, subject to all requirements for obtaining such a license. (e) A school district, open-enrollment charter school, or shared services arrangement may obtain the criminal history record information of a person to whom this section applies through the criminal history clearinghouse as provided by Section 411.0845, Government Code. In this subchapter: (1) "Department" means the Department of Public Safety. Becoming a Classroom Teacher in Texas | Texas Education Agency September 1, 2021. IMMUNITY FROM DISCIPLINARY PROCEEDINGS FOR PROFESSIONAL EMPLOYEES. The department shall obtain the person's national criminal history record information and report the results through the criminal history clearinghouse as provided by Section 411.0845, Government Code. GA-0064 (2003). (c) In addition to the immunity provided under this section and under other provisions of state law, an individual is entitled to any immunity and any other protections afforded under the Paul D. Coverdell Teacher Protection Act of 2001 (20 U.S.C. (c) An employee's accumulated personal leave may not be reduced because of the employee's service in compliance with a summons to appear as a juror. (i) The department in coordination with the commissioner may adopt rules necessary to implement this section. To prevent delay in the agencys response, be prepared to submit all documentation with your request: RECOVERY OF ATTORNEY'S FEES IN ACTION AGAINST PROFESSIONAL EMPLOYEE. Added by Acts 1995, 74th Leg., ch. (d) An abatement under Subsection (c) continues until the 90th day after the date that written notice is given to the professional employee of a school district as provided by Subsection (a). ASSIGNMENT, TRANSFER, OR PLEDGE OF COMPENSATION. A court in which a judicial proceeding is being brought against a professional employee of a school district may refer the case to an alternative dispute resolution procedure as described by Chapter 154, Civil Practice and Remedies Code. (e) Repealed by Acts 2013, 83rd Leg., R.S., Ch. ACCESS TO CRIMINAL HISTORY RECORDS OF SCHOOL BUS DRIVERS, BUS MONITORS, AND BUS AIDES. Added by Acts 2011, 82nd Leg., R.S., Ch. 1, eff. PDF Minimum Standards for Child Care Centers - Texas Health and Human Services 22.006. June 15, 2007. 9, Acts of the 80th Legislature, Regular Session, 2007; and. An election under this section must be made at the same time at which the employee elects to participate in a cafeteria plan, if applicable. Sec. The fund consists of money contributed by the school district and money deducted from salaries of employees for dependent or employee coverage. A court may award costs and reasonable attorney's fees to a school district employee acting under color of employment to the same extent that a court may award costs and attorney's fees to a school district or school district officer under Section 11.161. 1276, Sec. (3) is volunteering for a single event on the school campus. (2) an action brought by the State Board for Educator Certification to enforce the educator's code of ethics adopted under Section 21.041(b)(8). (a) Information collected about a person to comply with this subchapter, including the person's name, address, phone number, social security number, driver's license number, other identification number, and fingerprint records: (C) with the consent of the person who is the subject of the information; (2) is not subject to disclosure as provided by Chapter 552, Government Code; and. SUBTITLE D. EDUCATORS AND SCHOOL DISTRICT EMPLOYEES AND VOLUNTEERS, CHAPTER 22. (405) 521-3337. Once the request and documentation are received, TEA staff will begin evaluation of your criminal history. (m) Notwithstanding any other law, group health benefit coverage provided by or offered through a district to district employees under any law is subject to the requirements of Sections 1501.102-1501.105, Insurance Code. September 1, 2009. Added by Acts 2003, 78th Leg., ch. Basic Requirements for Licensure - Texas 260, Sec. 22.005. (a) A school district shall pay each full-time district employee, other than an administrator or an employee subject to the minimum salary schedule under Section 21.402, an amount at least equal to $500. 1471, 88th Legislature, Regular Session, for amendments affecting the following section. (h) An audited financial statement provided under this section must be made in accordance with rules adopted by the commissioner of insurance or with generally accepted accounting principles, as applicable. Schools and contractors may request access to the DPS Secure Site FACT Clearinghouse by calling 512-424-2474, Option 1. Sept. 1, 2003. (a) In this section: (1) "Contracting entity" means an entity that contracts directly with a school district, open-enrollment charter school, or shared services arrangement to provide engineering, architectural, or construction services to the district, school, or arrangement. Acts 2009, 81st Leg., R.S., Ch. (c) A commercial transportation company that contracts with a school district, open-enrollment charter school, private school, regional education service center, or shared services arrangement to provide transportation services may obtain from any law enforcement or criminal justice agency all criminal history record information that relates to: (1) a person employed by the commercial transportation company as a bus driver, bus monitor, or bus aide; or. Annual Certification and Statement of Compliance, Fingerprinting for Certification Applicants, Registry of Persons Ineligible for Employment, Requirements for Certified Educators and Non-Certified Employees, Requirements for School District Contractors. (2) a person the commercial transportation company intends to employ as a bus driver, bus monitor, or bus aide. Sec. (a) A school district, open-enrollment charter school, or shared services arrangement shall obtain criminal history record information that relates to a person who is not subject to a national criminal history record information review under this subchapter and who is an employee of: (2) a shared services arrangement, if the employee's duties are performed on school property or at another location where students are regularly present. REQUIREMENT TO REPORT EMPLOYEE MISCONDUCT. ACCESS TO CRIMINAL HISTORY RECORDS BY STATE BOARD FOR EDUCATOR CERTIFICATION. (b) A district that does not participate in the program described by Subsection (a) shall make available to its employees group health coverage provided by a risk pool established by one or more school districts under Chapter 172, Local Government Code, or under a policy of insurance or group contract issued by an insurer, a company subject to Chapter 842, Insurance Code, or a health maintenance organization under Chapter 843, Insurance Code. DCDEE has developed a user guide that you can find here. The board of trustees of a school district may adopt a policy governing an employee's use of personal leave granted under this subsection, except that the policy may not restrict: (1) the purposes for which the leave may be used; or. (2) "Volunteer" means a person rendering services for or on behalf of a public school who does not receive compensation from the district in excess of reimbursement for expenses. Days of leave taken under this subsection may not be deducted from accrued personal leave. 22.103. The superintendent of a school district or the director of an open-enrollment charter school, private school, regional education service center, or shared services arrangement shall promptly notify the State Board for Educator Certification in writing if: (1) the person obtains or has knowledge of information showing that an applicant for or holder of a certificate issued under Subchapter B, Chapter 21, has a reported criminal history; and. REGARDING TEC 22.0834 and 22.08341 CERTIFYING REQUIREMENTS. Section 1681 et seq. Amended by Acts 1997, 75th Leg., ch. Sec. September 1, 2005. (a) In this section, "other charter entity" has the meaning assigned by Section 21.006. 204, Sec. Pursuant to the Texas Government Code (TGC) 411.0845, the Texas Department of Public Safety (DPS) maintains the Criminal History Clearinghouse (DPS Clearinghouse) to provide fingerprint criminal history record information to approved persons and entities. (c) The failure of a district of innovation to provide information required under Section 22.0832 may result in termination of the district's designation as a district of innovation. If you qualify, your program will recommend you for the standard certificate. PDF Senate Bill 9 Background Checks for Education A Reference Guide However, schools will not have access to the same fingerprint results. 260, Sec. 1, eff. Sec. June 15, 2007. 18.01, eff. 10, eff. This memorandum report presents the results of the first evaluation, conducted to (1) identify State background-check requirements for HHAs and (2) identify the types of criminal convictions that, under State law or regulation, disqualify individuals for HHA employment. 7. 6, eff. Achieve a passing score on a subject area exam. 696 (H.B. Section 6731 et seq. 943 (H.B. The agencys evaluation letter should answer your questions about potential eligibility. June 19, 2009. 3270), Sec. (c) This section does not apply to an employee who is not covered by a cafeteria plan or who is not eligible to pay health care premiums through a premium conversion plan. A fee imposed for making a salary deduction under this section may not exceed either the actual administrative cost of making the deduction or the lowest fee the district charges for similar salary deductions, whichever is less. 2A.016, eff. What is aPreliminary Criminal History Evaluation? Acts 2011, 82nd Leg., R.S., Ch. PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC SCHOOLS. 1372 (S.B. Sec. Online: Go to the IdentoGO website, enter your service code, and click on "Submit a Fingerprint Card by Mail.". 9), Sec. 3. 9, Acts of the 80th Legislature, Regular Session, 2007, in the case of a person employed by a school district, open-enrollment charter school, or shared services arrangement as of that date; or, (B) the date the person's employment will begin, in the case of a person applying for employment with a school district, open-enrollment charter school, or shared services arrangement after the effective date of S.B. (a) A school district shall, in accordance with the policy adopted under Section 21.4515, make available to district employees and volunteers instruction in the principles and techniques of cardiopulmonary resuscitation and the use of an automated external defibrillator, as defined by Section 779.001, Health and Safety Code. The Lifeway One Source program provides discounted prices on background checks for churches and religious organizations looking to protect their ministries. Acts 2009, 81st Leg., R.S., Ch. (k) The requirements of this section apply to an entity that contracts directly with a school district, open-enrollment charter school, or shared services arrangement and any subcontractor of the entity. September 1, 2019. 2500 N. Lincoln Boulevard, #212. (l) A contracting entity shall require that a subcontracting entity obtain all criminal history record information that relates to an employee to whom Subsection (a) applies. (h) The commissioner may adopt rules to implement this section, including rules establishing deadlines for a school district, open-enrollment charter school, or shared services arrangement to require a person to whom this section applies to submit fingerprints and photographs in compliance with this section and the circumstances under which a person may not continue to be employed as a substitute teacher. Acts 2005, 79th Leg., Ch. (3) the board of trustees of the school district reasonably believes that the institution is not liable for the claim under Subsection (a). 22.081. Sec. ACCESS TO CRIMINAL HISTORY RECORDS BY TEXAS EDUCATION AGENCY. (c) A person who violates Subsection (a) commits an offense. First, because the FBI does not fully recognize TEC 22.0834, school contractors will only be granted access to fingerprint results that were obtained under the federal National Child Protection Act (NCPA) if the contractor meets NCPA criteria. (a) This section applies to a person who is a substitute teacher for a school district, open-enrollment charter school, or shared services arrangement. Additionally, the agency will review your national criminal history background check (based on information obtained through the submission of fingerprints), and you may be subject to an investigation based on that criminal history, including anyinformationyou failed to submit forPreliminary Criminal History Evaluation. (a) A person described by Section 22.093(b) and who is the subject of a report that alleges misconduct described by Section 22.093(c)(1)(A) or (B) is entitled to a hearing on the merits of the allegations of misconduct under the procedures provided by Chapter 2001, Government Code, to contest the allegation in the report. (1) "Contracting entity" means an entity that contracts directly with a school district, open-enrollment charter school, or shared services arrangement to provide services to the school district, open-enrollment charter school, or shared services arrangement. June 18, 1997; Acts 2001, 77th Leg., ch. 1525), Sec. (c) The board may amend or cancel the district's health care plan at any regular or special meeting of the board. Amended by Acts 2003, 78th Leg., ch. (3) a statement informing the person that if the person does not timely submit a written response to show cause as provided by Subdivision (2), the agency shall provide information indicating the person is under investigation in the manner provided by Subsection (d). (g) An insurer, a company subject to Chapter 842, Insurance Code, or a health maintenance organization that issues a policy or contract under this section and any person that assists the school district in obtaining or managing the policy or contract for compensation shall provide an annual audited financial statement to the school district showing the financial condition of the insurer, company, organization, or person. Criminal histories are evaluated on a case by case basis by considering the following factors: 2. CONFIDENTIALITY OF INFORMATION. 1372 (S.B. Sept. 1, 1997. (B) a resolution of the board of trustees of the district authorizing a self-insurance plan for district employees and of the district's review of district ability to cover the liability assumed; (3) the premium rate sheet, including the amount paid by the district and employee; (4) the number of employees covered by the health coverage plan offered by the district; and. Sec. (B) the employee or applicant has or will have direct contact with students. Questions about the fingerprinting and registry process may also be submitted through the online Help Desk, which can be accessed through the following link. (j) The commissioner may adopt rules as necessary to implement this section. Section 6731 et seq. There are seven types of background checks that DFPS is authorized to perform: Texas Criminal History check: A name-based search of the Texas Department of Public Safety (DPS) database of crimes committed in Texas. (4) "Regional education service center" means a regional education service center established under Chapter 8. 1. (b) The agency may enter into interagency contracts with any other agency of this state for the purpose of assistance in implementing this subchapter. Added by Acts 2019, 86th Leg., R.S., Ch. September 1, 2009. Subsections (a) and (b) do not apply if information is obtained as provided by Subsection (c). Added by Acts 2005, 79th Leg., Ch. Basic Requirements. September 1, 2005. (a) A volunteer who is serving as a direct service volunteer of a school district is immune from civil liability to the same extent as a professional employee of a school district under Section 22.0511. (c) In addition to the reporting requirement under Section 261.101, Family Code, the superintendent or director of a school district, district of innovation, open-enrollment charter school, other charter entity, regional education service center, or shared services arrangement shall notify the commissioner if: (1) an employee's employment at the school district, district of innovation, charter school, other charter entity, service center, or shared services arrangement was terminated and there is evidence that the employee: (A) abused or otherwise committed an unlawful act with a student or minor; or, (B) was involved in a romantic relationship with or solicited or engaged in sexual contact with a student or minor; or. The following section was amended by the 88th Legislature. (a) A school district, open-enrollment charter school, or shared services arrangement shall obtain from the department and may obtain from any other law enforcement or criminal justice agency or a private entity that is a consumer reporting agency governed by the Fair Credit Reporting Act (15 U.S.C. 22.0517. (d) A school district employee with available personal leave under this section is entitled to use the leave for compensation during a term of active military service. (2) health and accident coverage provided through a risk pool established under Chapter 172, Local Government Code. 4(1), eff. (c) The board shall review the national criminal history record information of a person who has not previously submitted fingerprints to the department or been subject to a national criminal history record information review. TEA staff recommends that you follow steps #1 - #3 to prepare for your submission. The agency shall obtain all criminal history record information of the person through the criminal history clearinghouse as provided by Section 411.0845, Government Code. 199), Sec. (f) The superintendent or director must notify the commissioner by filing a report with the commissioner not later than the seventh business day after the date the superintendent or director receives a report from a principal under Subsection (e) or knew about an employee's termination of employment or resignation following an alleged incident of misconduct described by Subsection (c)(1)(A) or (B). In an action against a professional employee of a school district involving an act that is incidental to or within the scope of duties of the employee's position of employment and brought against the employee in the employee's individual capacity, the employee is entitled to recover attorney's fees and court costs from the plaintiff if the employee is found immune from liability under this subchapter. 2730), Sec. Sept. 1, 2003; Acts 2003, 78th Leg. 1372, Sec. For purposes of this subsection, "individual" includes a person who provides services to private schools, to the extent provided by federal law. Additionally, the release of any criminal history record information provided by the U.S. Federal Bureau of Investigation (FBI) is subject to federal law, regulation, and policy. (3) for a public work that involves an existing instructional facility: (A) the public work area contains sanitary facilities and is separated from all areas used by students by a secure barrier fence that is not less than six feet in height; and. Required Criminal Background Check. (12) Initial background check--The first background check that your operation submits for a person required to have a background check, as specified in 745.605 of this subchapter (relating to For whom must I submit requests for background checks?). Sec. Achieve a passing score on the Professional Teaching Knowledge (PTK) exam. (n) A subcontracting entity must certify to the school district, open-enrollment charter school, or shared services arrangement and the contracting entity that the subcontracting entity has obtained all criminal history record information that relates to an employee to whom Subsection (a) applies and has obtained similar written certifications from the subcontracting entity's subcontractors. 22.08391. Payment to any assignee, pledgee, or transferee in accordance with the terms of the instrument constitutes payment to or for the account of the assignor, pledgor, or transferor. Sec. 4. 4, eff. 936, Sec. (b) A school district shall pay each part-time district employee, other than an administrator, an amount at least equal to $250. (b) This section does not apply to the operation, use, or maintenance of any motor vehicle. (f) A public school employee who retains any sick leave accumulated under former Section 13.904(a), as that section existed on January 1, 1995, is entitled to use the sick leave provided under that section or the personal leave provided under Subsection (a) in any order to the extent that the leave the employee uses is appropriate to the purpose of the leave. If a contracting or subcontracting entity determines that Subsection (a) does not apply to an employee, the contracting or subcontracting entity shall make a reasonable effort to ensure that the conditions or precautions that resulted in the determination that Subsection (a) did not apply to the employee continue to exist throughout the time that the contracted services are provided. If the agency determines that, based on information contained in an employee's criminal history record information, the employee would not be eligible for educator certification under Subchapter B, Chapter 21, the agency shall notify the open-enrollment charter school in writing that the person may not be employed by the school or serve in a capacity described by Section 12.1059. The limitation on liability provided by this subsection does not apply to any attorney's fees or court costs that may be awarded against the professional employee under Section 22.0517. 22.082. 1863), Sec. All Rights Reserved. Amended by Acts 2003, 78th Leg., ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (k) Notwithstanding any other law, an employee of a district participating in the uniform group coverage program under Subsection (a) or providing group health coverage under Subsection (b) whose resignation is effective after the last day of an instructional year is entitled to participate or be enrolled in the uniform group coverage plan or the group health coverage through the earlier of: (1) the first anniversary of the date participation in or coverage under the uniform group coverage plan or the group health coverage was first made available to district employees for the last instructional year in which the employee was employed by the district; or. The coverage must include major medical treatment but may exclude experimental procedures. Copyright 2007-2022 Texas Education Agency (TEA). (e) Subsections (a) and (c) do not apply to a person who volunteers or is applying to volunteer with a school district, open-enrollment charter school, or shared services arrangement if the person: (1) is the parent, guardian, or grandparent of a child who is enrolled in the district or school for which the person volunteers or is applying to volunteer; (2) will be accompanied by a school district employee while on a school campus; or. 3, eff. 1, eff. (c) Any criminal history record information received by the agency as provided by this subchapter is subject to Section 411.0901(b), Government Code. Acts 2009, 81st Leg., R.S., Ch. (2) the employee or applicant for employment satisfied all terms of the court order entered on conviction. Sec. (o) A contracting or subcontracting entity may not permit an employee to whom Subsection (a) applies to provide services at a school if the employee has been convicted of a felony or misdemeanor offense that would prevent a person from being employed under Section 22.085(a). Additionally, schools will no longer be given access to fingerprinting results if they were obtained under NCPA authority or through another agency. June 15, 2007. (a) On the adoption of policies concerning the administration of medication to students by school district employees, the school district, its board of trustees, and its employees are immune from civil liability from damages or injuries resulting from the administration of medication to a student if: (1) the school district has received a written request to administer the medication from the parent, legal guardian, or other person having legal control of the student; and. This means you will be required to be fingerprinted and to pay the applicable fees during the application process. (d) A superintendent or director of a school district, district of innovation, open-enrollment charter school, other charter entity, regional education service center, or shared services arrangement shall complete an investigation of an employee that involves evidence that the employee may have engaged in misconduct described by Subsection (c)(1)(A) or (B), despite the employee's resignation from employment before completion of the investigation. Failure to pass a criminal history check will prevent you from being . 22.0815. 522), Sec. (a) The agency may adopt rules to implement this subchapter. (f) A school district that does not participate in the program described by Subsection (a) may not contract with an insurer, a company subject to Chapter 842, Insurance Code, or a health maintenance organization to issue a policy or contract under this section, or with any person to assist the school district in obtaining or managing the policy or contract unless, before the contract is entered into, the insurer, company, organization, or person provides the district with an audited financial statement showing the financial condition of the insurer, company, organization, or person. Therefore, it is important that you retain your records in the event you need them in the future. (d) The department shall obtain the person's national criminal history record information and report the results through the criminal history clearinghouse as provided by Section 411.0845, Government Code. Law 92-544 and that TEC 22.0834 should be amended to provide access to school districts only. 204, Sec. 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