Added by Acts 2011, 82nd Leg., R.S., Ch. You will need to provide the service code you received from the online fingerprint portal. (l) The commissioner may review the records of a school district, district of innovation, open-enrollment charter school, other charter entity, regional education service center, or shared services arrangement to ensure compliance with the requirement to report misconduct under this section. 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. Which CPS foster or adoptive home visitors are required to have a background check? Amended by Acts 1997, 75th Leg., ch. 22.001. SCHOOL DISTRICT EMPLOYEES AND VOLUNTEERS, SUBCHAPTER A. Criminal histories are evaluated on a case by case basis by considering the following factors: 2. Added by Acts 2007, 80th Leg., R.S., Ch. 1, eff. May 30, 1995. (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. Added by Acts 2019, 86th Leg., R.S., Ch. 1470), Sec. Achieve a passing score on the Professional Teaching Knowledge (PTK) exam. In this subchapter: (1) "Cafeteria plan" means a plan as defined and authorized by Section 125, Internal Revenue Code of 1986. (e) Each school district, open-enrollment charter school, and shared services arrangement shall obtain all criminal history record information that relates to a person to whom this section applies through the criminal history clearinghouse as provided by Section 411.0845, Government Code, and shall subscribe to the criminal history record information of the person. HEALTH CARE PLAN AND FUND. 22.0512. 22.0836. (b) A prohibition, restriction, or requirement imposed by this subchapter on an open-enrollment charter school applies to the same extent to a district of innovation or other charter entity. 1372 (S.B. Through the Lifeway One Source program, churches and religious . However, DPS has stated that school contractors may be granted access to fingerprint criminal history if the contractor qualifies for access under the National Child Protection Act (NCPA), specifically, if the contractor provides care or care placement services and is based in Texas. 1783), Sec. Upon completion of all requirements, you must apply for a standard certificate online. 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. Graduate from an accredited college. (g) The superintendent or director shall notify the board of trustees or governing body of the school district, district of innovation, open-enrollment charter school, other charter entity, regional education service center, or shared services arrangement and the employee of the filing of the report required by Subsection (f). Sec. Child Care Criminal Background Check Qualifications are now "PLUS TWO" Due to the adoption of House Bill 103, DCDEE qualification letters are now valid for five years. 1, eff. 1, eff. 199), Sec. 649 (S.B. 1, eff. (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. (c) A school district employee entitled to a wage increase under this section may elect to receive a portion of the person's annual wages as health care supplementation as provided by this subchapter. 22.051. Sec. September 1, 2009. (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. (d) Venue for any suit against the employer of a school employee to enforce an assignment, pledge, or transfer of salary is in the county where the employing school is located. The evaluation is voluntary and non-binding. 943 (H.B. In this subsection, "major medical treatment" means a medical, surgical, or diagnostic procedure for illness or injury. Effective October 1, 2018, requests for a PCHE must be submitted online. 1, eff. (b) A school district, district of innovation, open-enrollment charter school, other charter entity, regional education service center, or shared services arrangement shall discharge or refuse to hire a person listed on the registry maintained under this section. (B) is not operated by a governmental entity. 6.11, eff. 22.102. (2) the employee has direct contact with students. EXHAUSTION OF REMEDIES. 1, eff. 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. 1042), Sec. 443 (S.B. Acts 2019, 86th Leg., R.S., Ch. Questions about the fingerprinting and registry process may also be submitted through the online Help Desk, which can be accessed through the following link. The agency shall examine the criminal history record information of the person and notify the district, school, or shared services arrangement if the person may not be hired or must be discharged as provided by Section 22.085. Business Filings and Searches Upload new business documents and make record changes. 22.103. June 15, 2007. Do not submit a PCHE request or make payment if you do not meet the criteria. NATIONAL CRIMINAL HISTORY RECORD INFORMATION REVIEW OF SUBSTITUTE TEACHERS. Acts 2005, 79th Leg., Ch. (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. May 12, 2009. (4) "Regional education service center" means a regional education service center established under Chapter 8. Added by Acts 2003, 78th Leg., ch. 1359 (S.B. Pending publication of the current statutes, see S.B. (a) In this section, "other charter entity" has the meaning assigned by Section 21.006. What else should I know before requesting the evaluation. 2A.015, eff. (a) A private or independent institution of higher education is not liable for damages arising from an act or omission of a person associated with the institution, including an employee or student, arising in the course and scope of that person's activities as a volunteer in a primary or secondary school. (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. (a) A person employed or maintained to obtain or aid in obtaining positions for public school employees may not directly or indirectly ask about, orally or in writing, the religion or religious affiliation of anyone applying for employment in the public schools of this state. REGISTRY OF PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC SCHOOLS. Added by Acts 1995, 74th Leg., ch. The following section was amended by the 88th Legislature. (3) shall be destroyed by the requestor or any subsequent holder of the information not later than the first anniversary of the date the information is received. (a) Except as provided by Subsections (c) and (d), a school district, open-enrollment charter school, private school, regional education service center, or shared services arrangement that contracts with a person for transportation services shall obtain from any law enforcement or criminal justice agency all criminal history record information that relates to: (1) a person employed by the person as a bus driver; or. 1267), Sec. May 17, 2007. Acts 2007, 80th Leg., R.S., Ch. Sign In to Single Sign-On. Sec. 1276, Sec. (d) The commissioner shall adopt rules as necessary to implement this section. 155), Sec. 116 (S.B. Added by Acts 2003, 78th Leg., ch. June 15, 2007. June 15, 2007. To prevent delay in the agencys response, be prepared to submit all documentation with your request: The following factors shall be considered in determining whether the district's coverage is comparable to the basic health coverage specified by this subsection: (1) the deductible amount for service provided inside and outside of the network; (2) the coinsurance percentages for service provided inside and outside of the network; (3) the maximum amount of coinsurance payments a covered person is required to pay; (4) the amount of the copayment for an office visit; (5) the schedule of benefits and the scope of coverage; (6) the lifetime maximum benefit amount; and. (a) This section applies to a person who is a substitute teacher for a school district, open-enrollment charter school, or shared services arrangement. Popular Services and Topics. Sept. 1, 1999; Acts 2001, 77th Leg., ch. (b) A school district shall pay each part-time district employee, other than an administrator, an amount at least equal to $250. Copyright 2007-2022 Texas Education Agency (TEA). September 1, 2021. 1372, Sec. Earn a bachelor's degree The first step in becoming a teacher in Texas involves completing a bachelor's degree in education at a state-approved college. (h) A superintendent or director who in good faith and while acting in an official capacity files a report with the commissioner under Subsection (f) or a principal who in good faith and while acting in an official capacity notifies a superintendent or director under Subsection (e) is immune from civil or criminal liability that might otherwise be incurred or imposed. (b) The agency shall subscribe to the criminal history clearinghouse as provided by Section 411.0845, Government Code, and may obtain from any law enforcement or criminal justice agency all criminal history record information and all records contained in any closed criminal investigation file that relate to a specific applicant for employment or current or former employee of a school district, district of innovation, open-enrollment charter school, other charter entity, regional education service center, or shared services arrangement. 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. 3), Sec. 2. Atty Gen. Op. If you don't want to schedule online, you can schedule by calling 888-467-2080. Sec. You may request a Preliminary Criminal History Evaluation only if: The agency charges a non-refundable feeof $50by credit card for a Preliminary Criminal History Evaluation. Any form used by a school district through which an employee may request leave under this section must include assault leave under Subsection (b) as an option. June 18, 1997; Acts 2001, 77th Leg., ch. 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. (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. Whether you are filing a business, wish to learn more about voting, or need assistance with another service, the Texas Secretary of State is here to serve you. Added by Acts 1995, 74th Leg., ch. (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. 260, Sec. (b) Repealed by Acts 2021, 87th Leg., R.S., Ch. 1070 (H.B. 9, Acts of the 80th Legislature, Regular Session, 2007; and. (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. 1, eff. (e) If a person entitled to a hearing under Subsection (a) does not request a hearing as provided by Subsection (c), the commissioner shall: (1) based on the report filed under Section 22.093(f), make a determination whether the person engaged in misconduct; and. (b) The agency may enter into interagency contracts with any other agency of this state for the purpose of assistance in implementing this subchapter. May 30, 1995. Section 6731 et seq. (e) The agency shall adopt rules as necessary to implement this section. 22.094. 22.004. ASSIGNMENT, TRANSFER, OR PLEDGE OF COMPENSATION. 22.006. 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. (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. (a-1) A school district, open-enrollment charter school, or shared services arrangement may obtain the criminal history record information from: (2) a law enforcement or criminal justice agency; or. Pursuant to 22.08341(c), the requirement does not apply to a contractor that performs construction, alteration, or repair of an instructional facility if the contractor uses separate sanitary facilities, installs a barrier fence, and has a policy that employees may not interact with students or enter areas used by students. (a) The board of trustees of a school district may establish a health care plan for employees of the district and dependents of employees. (c) For purposes of Subsection (b), a person does not have the opportunity for direct contact with students if: (1) the public work does not involve the construction, alteration, or repair of an instructional facility; (2) for a public work that involves construction of a new instructional facility, the person's duties related to the contracted services will be completed not later than the seventh day before the first date the facility will be used for instructional purposes; or. 22.0831. 2A.016, eff. Acts 2021, 87th Leg., R.S., Ch. (c-1) Any informational handbook a school district provides to employees in an electronic or paper form or makes available by posting on the district website must include notification of an employee's rights under Subsection (b) in the relevant section of the handbook. (a) Except as provided by Subsection (a-1), this subsection applies to a person who is not an applicant for or holder of a certificate under Subchapter B, Chapter 21, and who on or after January 1, 2008, is offered employment by an entity that contracts with a school district, open-enrollment charter school, or shared services arrangement to provide services, if: (1) the employee or applicant has or will have continuing duties related to the contracted services; and. Sec. 7, eff. ), all criminal history record information that relates to an employee of the entity who is employed before January 1, 2008, and who is not subject to a national criminal history record information review under Subsection (b) if: (1) the employee has continuing duties related to the contracted services; and. DISCRIMINATION BASED ON JURY SERVICE PROHIBITED. 1, eff. September 1, 2017. (j) This section does not preclude a district that is participating in the uniform group coverage program established under Chapter 1579, Insurance Code, from entering into contracts to provide optional insurance coverages for the employees of the district.

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