1, eff. Sec. Sec. 1364), Sec. Within 90 calendar days, staff will send you an evaluation letter by email that provides you with the agencys opinion about your potential eligibility for educator certification. 1070 (H.B. 22.086. A school district, open-enrollment charter school, or shared services arrangement must ensure that an entity that the district, school, or shared services arrangement contracts with for services has obtained all criminal history record information as required by Section 22.0834 or 22.08341. 1416, Sec. That way, you can fix any mistakes before an employer sees it. (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. Criminal histories are evaluated on a case by case basis by considering the following factors: 2. (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. 1, eff. 1863), Sec. (b) In implementing the health care plan, the board shall establish a fund to pay, as authorized under the plan, all or part of the actual costs for hospital, surgical, medical, dental, or related health care incurred by employees of the district or any dependent whose participation in the program is being supported by deductions from the salary of an employee. (d) An entity contracting with a school district, open-enrollment charter school, or shared services arrangement shall obtain all criminal history record information that relates to a person to whom Subsection (a) applies through the criminal history clearinghouse as provided by Section 411.0845, Government Code. The report shall be submitted by all schools at the time and in the manner indicated in the instructions printed on the form. Would I still be required to complete the fingerprinting processwhen I apply for certification? Pass a criminal background check. Acts 2019, 86th Leg., R.S., Ch. (b) This section applies to a person who is an applicant for or holder of a certificate under Subchapter B, Chapter 21, and who is employed by or is an applicant for employment by a school district, open-enrollment charter school, or shared services arrangement. 9), Sec. 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. September 1, 2021. If you were previously charged with a crime, you may have questions about your eligibility for a Texas educator certificate. SUBCHAPTER D. HEALTH CARE SUPPLEMENTATION. Possibly. Background Check and Child Protection Registry Check Process for Child 973), Sec. Achieve a passing score on a subject area exam. (a-1) This section does not apply to a contracting entity, subcontracting entity, or other person subject to Section 22.08341. May 30, 1995. Will TEA provide an opinion about my eligibility if I am not currently an applicant for certification? (d) A person to whom Subsection (a) applies may not perform any student teaching or volunteer duties until all requirements under Subsections (a) and (c) have been satisfied. Pass your content test. (g) An entity that contracts with a school district, open-enrollment charter school, or shared services arrangement to provide services shall obtain from any 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. Added by Acts 2005, 79th Leg., Ch. (g) If a person entitled to a hearing under Subsection (a) requests a hearing as provided by Subsection (c) and the final decision in that hearing determines that the person did not engage in misconduct described by Section 22.093(c)(1)(A) or (B), the commissioner shall instruct the agency to immediately remove from the Internet portal developed and maintained by the agency under Section 22.095 the information indicating that the person is under investigation for alleged misconduct. Acts 2007, 80th Leg., R.S., Ch. Renumbered from Sec. REQUIREMENT TO REPORT EMPLOYEE MISCONDUCT. 1276, Sec. Upon completion of all requirements, you must apply for a standard certificate online. Failure to pass a criminal history check will prevent you from being . (2) the order in which an employee may use the state minimum personal leave and any additional personal leave provided by the school district. (d) The commissioner shall adopt rules as necessary to implement this section. (2) "National criminal history record information" means criminal history record information obtained from the department under Subchapter F, Chapter 411, Government Code, and from the Federal Bureau of Investigation under Section 411.087, Government Code. 1372 (S.B. The following section was amended by the 88th Legislature. (5) a person who is determined by the commissioner under Section 22.094 to have engaged in misconduct described by Section 22.093(c)(1)(A) or (B). 1359 (S.B. College of Education | TTU - Texas Tech University Departments A school district, open-enrollment charter school, or shared services arrangement may adopt a policy regarding an emergency for purposes of this subsection. 3.18, eff. (d) Repealed by Acts 2007, 80th Leg., R.S., Ch. Amended by Acts 2003, 78th Leg., ch. (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 coverage may include managed care or preventive care and must be comparable to the basic health coverage provided under Chapter 1551, Insurance Code. 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. 1, eff. 1070 (H.B. 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. (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). (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). Acts 2011, 82nd Leg., R.S., Ch. 1371 (S.B. (b) The agency may enter into interagency contracts with any other agency of this state for the purpose of assistance in implementing this subchapter. 3), Sec. Sept. 1, 2003. September 1, 2017. (h) The commissioner shall adopt rules as necessary to implement this section. (2) inform the district of the total amount of the fees and dues for each year or have the organization notify the district of the amount. 1471, 88th Legislature, Regular Session, for amendments affecting the following section. 22.093. The deductions shall be made until the employee requests in writing that the deductions be discontinued. SUBCHAPTER C-1. 22.003. Section 1681 et seq. If school districts or charter schools need to review the criminal history of these individuals, they will need to fingerprint the individuals again. (c) The cost of the coverage provided under the program described by Subsection (a) shall be paid by the state, the district, and the employees in the manner provided by Subchapter F, Chapter 1579, Insurance Code. (f) The school district, open-enrollment charter school, or shared services arrangement may require a person to pay any fees related to obtaining criminal history record information under this section. Sec. September 1, 2021. This fee is paid in ECOS. (2) convicted of an offense described by Subsection (a)(2). Upon your submission, you will receive a confirmation email that includes a copy of the information you entered. 1312 (S.B. You are not eligible to reapply for a license within 5 years from the date of this revocation, 19 Texas Administrative Code 249.44 (b). 943 (H.B. (b) Any school employee's assignment, pledge, or transfer, as security for indebtedness, of any interest in or part of the employee's salary or wages then due or that may become due under an existing contract of employment is enforceable only: (1) if, before or at the time of execution, delivery, or acceptance of an assignment, pledge, or transfer, written approval is obtained in accordance with the policy of the employing school district; and. 260, Sec. Sec. 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. CRIMINAL HISTORY RECORD INFORMATION REVIEW BY CERTAIN PUBLIC WORKS CONTRACTORS. Added by Acts 2009, 81st Leg., R.S., Ch. To ensure compliance with the FBI audit, DPS requests that school districts and charter schools review their Clearinghouse subscriptions to determine if the subscriptions are needed. Acts 2021, 87th Leg., R.S., Ch. (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. (a) A school district may not discharge, discipline, reduce the salary of, or otherwise penalize or discriminate against a school district employee because of the employee's compliance with a summons to appear as a juror. (e) The board may allow a person who is applying for a certificate under Subchapter B, Chapter 21, and who currently resides in another state to submit the person's fingerprints and other required information in a manner that does not impose an undue hardship on the person. DEFINITION. TEA recommends that non-NCPA qualified contractors that have direct contact and continuing duties with students are fingerprinted by the district or charter school using the LEE FAST Pass process. May 17, 2007. Contact the DPS Fingerprint Services Unit by email at fingerprint.service@dps.texas.gov or by phone 512-424-2474 Option 6 for any questions or concerns about this process. (3) the board of trustees of the school district reasonably believes that the institution is not liable for the claim under Subsection (a). May 30, 1995. (c) This section does not prohibit a school district from: (1) enforcing a policy relating to corporal punishment; or. (b) A school district shall pay each part-time district employee, other than an administrator, an amount at least equal to $250. 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. (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. Acts 2007, 80th Leg., R.S., Ch. 116 (S.B. June 14, 2013. (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. 5, eff. September 1, 2007. 1372 (S.B. (B) the contracting entity adopts a policy prohibiting employees, including subcontracting entity employees, from interacting with students or entering areas used by students, informs employees of the policy, and enforces the policy at the public work area. A principal required to notify a superintendent or director about an employee's alleged incident of misconduct under Subsection (e) commits an offense if the principal fails to provide the notice by the date required by that subsection with intent to conceal an employee's alleged incident of misconduct. 2A.016, eff. Tex. Sec. June 17, 2011. 943 (H.B. 22.001. 9, Acts of the 80th Legislature, Regular Session, 2007; and. Can anyone request aPreliminary Criminal History Evaluation? What is aPreliminary Criminal History Evaluation? 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. (b) A professional employee of a school district against whom a suit is pending who does not receive written notice, as required by Subsection (a), may file a plea in abatement not later than the 30th day after the date the person files an original answer in the court in which the suit is pending. (2) "Instructional facility" has the meaning assigned by Section 46.001. (b) A school district may agree to provide or pay for attorney services for the defense of a private or independent institution of higher education if: (1) the institution is assisting in the provision of volunteer services to primary or secondary schools in the district; (2) a claim for damages is brought against the institution in relation to those services; and. 398), Sec. You can use the evaluation letter to make decisions about whether to enroll in an educator preparation program or take a test for a certificate. May 30, 1995. (2) the employee or applicant for employment satisfied all terms of the court order entered on conviction. Sec. INCENTIVES FOR EARLY RETIREMENT. Sec. 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.013, eff. 1, eff. The agency shall develop and maintain an Internet portal through which: (1) a report required under Section 22.093(f) may be confidentially and securely filed; and, (A) the registry of persons who are not eligible to be employed in public schools as described by Section 22.092; and. Sec. 1230 (H.B. The agency is required to establish retention policies for criminal history evaluations. (b) The district shall deduct the total amount of the fees or dues for a year in equal amounts per pay period for the number of periods specified by the employee. PDF Minimum Standards for Child Care Centers - Texas Health and Human Services 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. 1045 (S.B. 9), Sec. 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The Automated Background Check Management System (ABCMS) launched September 29, 2022 and can be found at this link. 443 (S.B. (g) A school district, open-enrollment charter school, or shared services arrangement shall provide the agency with the name of a person to whom this section applies. (b) In this section, "volunteer" means a person providing services for or on behalf of a school district, on the premises of the district or at a school-sponsored or school-related activity on or off school property, who does not receive compensation in excess of reimbursement for expenses. 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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (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. In 2007, the FBI notified DPS that TEC 22.0834 failed to meet the requirements of Pub. Sec. Your statement about the circumstances upon which your arrest(s) were based, 1525), 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). Money for the fund may not be deducted from the salary of a school district employee unless the employee authorizes the deduction in writing. (g) On receipt of information described by Subsection (e)(1), 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. 22.011. 1146 (H.B. Under the plan, the fund also may be used to pay the costs of administering the fund. 15.01, eff. (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. 1372 (S.B. WRITTEN ELECTION REQUIRED. (a) In this section, "other charter entity" has the meaning assigned by Section 21.006. 15.01, eff. 22.005. Amended by Acts 2001, 77th Leg., ch. (e) The agency shall adopt rules as necessary to implement this section. 59), Sec. (b) On receiving a report filed under Section 22.093(f), the commissioner shall promptly send to the person who is the subject of the report a notice that includes: (1) a statement informing the person that the person must request a hearing on the merits of the allegations of misconduct within the period provided by Subsection (c); (2) a request that the person submit a written response within the period provided by Subsection (c) to show cause why the commissioner should not pursue an investigation; and. 1, eff. DFPS Background Checks - Texas A private school shall adopt a policy under which the school makes available to school employees and volunteers instruction in the principles and techniques of cardiopulmonary resuscitation and the use of an automated external defibrillator. 1691), Sec. ADMINISTRATION OF MEDICATION BY SCHOOL DISTRICT EMPLOYEES OR VOLUNTEER PROFESSIONALS; IMMUNITY FROM LIABILITY. 204, Sec. 22.0835. All Rights Reserved. 1197, Sec. This is called a criminal record clearance. (e) The principal of a school district, district of innovation, open-enrollment charter school, or other charter entity campus must notify the superintendent or director of the school district, district of innovation, charter school, or other charter entity not later than the seventh business day after the date of an employee's termination of employment or resignation following an alleged incident of misconduct described by Subsection (c)(1)(A) or (B). May 30, 1995. You should also know that you will not be given a copy of the criminal history report. UNT students seeking certification in Texas must submit an online application for certification directly to the Texas Education Agency after completing program, university, and state requirements. (e) The State Board for Educator Certification may impose a sanction on an educator who does not discharge an employee or refuse to hire an applicant for employment if the educator knows or should have known, through a criminal history record information review, that the employee or applicant has been: (1) convicted of or placed on deferred adjudication community supervision for an offense described by Subsection (a)(1); or. 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. (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). Sec. 1, eff. National Criminal History Checks-FAQs | Texas Education Agency You Are a Certified Texas Educator September 1, 2013. Sept. 1, 2003. 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. Sec. Added by Acts 2005, 79th Leg., Ch. Sec. Fingerprint requirements and instructions - Texas Department of Insurance (a) A professional employee of a school district may not be subject to disciplinary proceedings for the employee's use of physical force against a student to the extent justified under Section 9.62, Penal Code. (b) In this section, "disciplinary proceeding" means: (1) an action brought by the school district employing a professional employee of a school district to discharge or suspend the employee or terminate or not renew the employee's term contract; or. 1863), Sec. 1197, Sec. The fund consists of money contributed by the school district and money deducted from salaries of employees for dependent or employee coverage. September 1, 2005. The Complete 3-Step Guide to Texas Teacher Certification Acts 2005, 79th Leg., Ch. Sec. Sec. 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. 22.082. (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. (a) The board of trustees of a school district may establish a health care plan for employees of the district and dependents of employees. NATIONAL CRIMINAL HISTORY RECORD INFORMATION REVIEW OF CERTIFIED EDUCATORS. 14, eff. Acts 2005, 79th Leg., Ch. 22.0825. Acts 2021, 87th Leg., R.S., Ch. (2) require a district employee who acts in good faith to pay for or replace property belonging to a student or other person that is or was in the possession of the employee because of an act that is incident to or within the scope of the duties of the employee's position of employment. (f) A contracting entity shall certify to the school district, open-enrollment charter school, or shared services arrangement, as applicable, that the contracting entity has obtained written certifications from any subcontracting entity that the subcontracting entity has complied with Subsection (e) as it relates to the subcontracting entity's employees. 9A.05, eff. 1, eff. reflect what the citizens of Texas consider reasonable and minimum; and meet the guidelines set forth in Chapter 42 of the Texas Human Resources Code (law) for what must be included in the minimum standards. (d) A payment under this section is in addition to wages the district would otherwise pay the employee during the school year. If you have trouble setting up your account, you may contact your ESC representative. 7), Sec. Sec. September 1, 2017. (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. 155), Sec. However, schools will not have access to the same fingerprint results. (a) In this subchapter, "professional employee of a school district" includes: (1) a superintendent, principal, teacher, including a substitute teacher, supervisor, social worker, school counselor, nurse, and teacher's aide employed by a school district; (2) a teacher employed by a company that contracts with a school district to provide the teacher's services to the district; (3) a student in an education preparation program participating in a field experience or internship; (4) a school bus driver certified in accordance with standards and qualifications adopted by the Department of Public Safety of the State of Texas; (5) a member of the board of trustees of an independent school district; and. General Licensing | Texas Health and Human Services Sec. September 1, 2009. 22.106. 99(1), eff. If you are in the process of being hired or completing an application for an MSDH licensed health care or child care facility, you may request an appointment for a background check at one of our 25 health department offices offering LiveScans.
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