Header:
TEXAS ADMINISTRATIVE CODE
TITLE 19. EDUCATION
PART 2. TEXAS EDUCATION AGENCY
CHAPTER 153. SCHOOL DISTRICT PERSONNEL
SUBCHAPTER DD. CRIMINAL HISTORY RECORD INFORMATION REVIEW
Date:
08/31/2009
Document:
19 TAC § 153.1117 (2011)
§ 153.1117. School Contractor Employees
(a) Purpose. Pursuant to the Texas Education Code (TEC), § 22.0834, this section implements the criminal history record information review of certain school entity contract employees required by the TEC, § 22.0834.
(b) District responsibilities.
(1) Required contractor criminal histories. A school entity shall ensure that each of its service contractors certify that the service contractor has obtained all criminal history record information for covered contract employees, as required by the TEC, § 22.0834.
(2) Emergencies. In an emergency, a school entity may allow a covered contract employee or employees to enter school entity property, without the required criminal history record information review, if the covered contract employee is or employees are accompanied by a school entity employee. A school entity may adopt rules regarding an emergency situation.
(3) Standards for criminal history review. A school entity may not allow a covered contract employee to serve at the school entity if the school entity obtains information through a criminal history record information review that the covered contract employee has a disqualifying conviction under the TEC, § 22.085. However, if it chooses, a school entity may adopt a stricter standard related to criminal history record information than that of the TEC, § 22.085.
(4) Required reports. Pursuant to § 249.14(d)(1) of this title (relating to Complaint, Required Reporting, and Investigation; Investigative Notice; Filing of Petition), if a school entity obtains information that a covered contract employee who holds a certificate issued by the State Board for Educator Certification (SBEC) has a reported criminal history, the superintendent, the superintendent's designee, or the director of the school entity shall notify the SBEC of that criminal history within seven calendar days of the date that information is obtained.
(c) Contractor responsibilities.
(1) Contract employee criminal history requirement. A service contractor shall obtain all criminal history record information that is required by the TEC, § 22.0834, for all its covered contract employees and the covered contract employees of its subcontractors. If a service contractor determines that a person is not a covered contract employee, the service contractor shall make reasonable efforts to ensure that the conditions or precautions that result in such a determination continue to exist throughout the time that the contracted services are provided.
(2) National criminal history record information. As required by the TEC, § 22.0834, before or immediately after employing or securing the services of a covered contract employee on or after January 1, 2008, who is not an applicant for or holder of a certificate under the TEC, Chapter 21, Subchapter B, a service contractor shall send or ensure that a covered contract employee sends to the Texas Department of Public Safety (DPS) the information, which may include fingerprints and photographs, that is necessary for the DPS to obtain the covered contract employee's national criminal history record information. The DPS shall report the national criminal history record information through the Clearinghouse, as provided by the Texas Government Code, § 411.0845.
(3) Criminal history record information. As required by the TEC, § 22.0834, a service contractor shall obtain from the DPS, any law enforcement or criminal justice agency, or a private entity that is a consumer reporting agency governed by the Fair Credit Reporting Act all criminal history record information that relates to a covered contract employee who is employed before January 1, 2008, or who is an applicant for or holder of a certificate under the TEC, Chapter 21, Subchapter B, and who is not subject to a national criminal history record information review.
(4) School entity request for information on covered contract employees. A service contractor shall provide a school entity, at its request, the information necessary for the school entity to obtain criminal history record information for all covered contract employees.
(5) Service contractor certification. A service contractor shall certify to the school entity that it has obtained the criminal history record information required by the TEC, § 22.0834, for all covered contract employees providing the contracted services. The service contractor shall also certify that it will take reasonable steps to ensure that the conditions or precautions that have resulted in a determination that any person is not a covered contract employee continue to exist throughout the time that the contracted services are provided.
(6) Employees with disqualifying convictions. A service contractor shall not permit a covered contract employee to provide services at a school entity if the employee has a disqualifying conviction under the TEC, § 22.085.
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