| (a) Restrictions on serving. A person may not serve
as a member of the governing body of a charter holder, as a member
of the governing body of a charter school, or as an officer or employee
of a charter school if the person has been convicted of:
(1) a misdemeanor involving moral turpitude or any
felony;
(2) an offense listed in Texas Education Code (TEC), §37.007(a);
or
(3) an offense listed in Code of Criminal Procedure,
Article 62.01(5).
(b) Exception. Notwithstanding subsection (a) of this
section, a person may be employed in any position by an open-enrollment
charter school if a school district could employ the person in that
position and the Texas Education Agency (TEA) approves of the employment
pursuant to TEC, §12.1059.
(c) Required criminal history checks--generally. Before
the person begins service, and every third year thereafter, a charter
holder shall obtain from the Texas Department of Public Safety (DPS)
all criminal history record information that relates to:
(1) an employee or a person whom the charter school
intends to employ in any capacity, or whom the charter holder intends
to employ in any capacity relating to its charter school activities;
(2) a member of the governing body of the charter holder
or charter school or a person who has agreed to serve as a member
of the governing body of the charter holder or charter school; and
(3) a person who files, in writing, an intention to
serve as a volunteer at the charter school, if the duties are or will
be performed on school property or at another location where students
are regularly present.
(d) Required criminal history checks--transportation.
Except as provided by paragraphs (3) and (4) of this subsection, a
charter holder that contracts with a person for transportation services
shall obtain from the DPS all criminal history record information
that relates to a person employed by the person as a bus driver or
a person the person intends to employ as a bus driver.
(1) Except as provided by paragraphs (3) and (4) of
this subsection, a person or management company that contracts with
a charter holder to provide transportation services shall submit to
the charter holder the name and other identification data required
to obtain criminal history record information of each person described
by this section.
(2) If the charter holder obtains information that
a person described by this section has been convicted of a felony
or a misdemeanor involving moral turpitude, the charter holder shall
inform the chief personnel officer of the person or management company
with whom the charter holder has contracted, and the person or management
company may not employ that person to drive a bus on which students
are transported without the permission of the governing body of the
charter holder.
(3) A commercial transportation company that contracts
with a charter holder to provide transportation services may obtain
from any law enforcement or criminal justice agency all criminal history
record information that relates to a person employed by the commercial
transportation company, or to a person it intends to employ, as a
bus driver, bus monitor, or bus aide.
(4) If the commercial transportation company obtains
information that a person employed or to be employed by the company
has been convicted of a felony or a misdemeanor involving moral turpitude,
the company may not employ that person to drive or to serve as a bus
monitor or bus aide on a bus on which students are transported without
the permission of the governing body of the charter holder. Paragraphs
(1) and (2) of this subsection do not apply if information is obtained
as provided by paragraph (3) of this subsection.
(e) Permissive criminal history checks. A charter holder
may obtain from any law enforcement or criminal justice agency, including
the DPS, all criminal history record information that relates to:
(1) a volunteer, employee, or member of a governing
body under subsection (c) of this section;
(2) an employee of or an applicant for employment with
a public or commercial transportation company that contracts with
the charter holder to provide transportation services if the employee
drives or the applicant will drive a bus in which students are transported
or is employed or is seeking employment as a bus monitor or bus aide
on a bus in which students are transported, under subsection (d) of
this section; and
(3) an employee of or applicant for employment by a
management company or other person that contracts with the charter
school to provide management services or other services, if:
(A) the employee or applicant has or will have continuing
duties related to the contracted services; and
(B) the duties are or will be performed on school property
or at another location where students are regularly present.
(f) Entitlement to criminal history checks. A charter
holder is entitled to obtain, no more than twice each year, from the
DPS all criminal history record information maintained by the DPS
that the charter holder is required or authorized to obtain under
this section.
(g) Reduced fees for criminal history checks. In accordance
with Government Code, §411.097, if a regional education service
center or commercial transportation company that receives criminal
history record information from the DPS under this section requests
the information by providing to the DPS a list, including the name,
date of birth, and any other personal descriptive information required
by the DPS for each person, through electronic means, magnetic tape,
or disk, as specified by the DPS, the DPS may not charge the service
center or commercial transportation company more than the lesser of:
(1) the DPS's cost for providing the information; or
(2) the amount prescribed by another law.
(h) Disclosure prohibited. Criminal history record
information obtained by a charter holder under this section may not
be released or disclosed to any person, other than the individual
who is the subject of the information, the TEA, the State Board for
Educator Certification (SBEC), or the chief personnel officer of the
transportation company, if the information is obtained under subsection
(d) of this section.
(i) Removal by charter holder. If a person is prohibited
by this section from serving as a member of the governing body of
a charter holder, as a member of the governing body of a charter school,
or as an officer or employee of a charter school, the charter holder
shall remove the individual from such position immediately.
(1) The removal must be made in accordance with the
removal provisions in the articles of incorporation and bylaws of
the corporation, if applicable, the terms of the open-enrollment charter,
any applicable local policies, and state and federal law.
(2) The governing body of the charter holder may not
approve an account or draw or authorize the drawing of a warrant or
order to pay the compensation of a person if the person is prohibited
by this section from serving in the capacity for which compensation
is due.
(j) Teaching certificate applicant or holder. A charter
holder shall promptly notify the SBEC in writing if it obtains or
has knowledge of information showing that an applicant for or holder
of a certificate issued under TEC, Chapter 21, Subchapter B, has a
reported criminal history.
(k) Implementation schedule and transition. Notwithstanding
this section:
(1) beginning September 1, 2001, a charter holder shall
obtain, in compliance with this section, criminal history record information
relating to each person identified in subsections (c) and (d) of this
section; and
(2) if a person is prohibited by this section from
serving as a member of the governing body of a charter holder, as
a member of the governing body of a charter school, or as an officer
or employee of a charter school, and if removing such person would
violate an employment or other written contract that was executed
prior to September 1, 2001, then the employment or other contract
may continue in effect past September 1, 2001, if each of the following
conditions is met:
(A) no state funds are used to pay any amounts due
the person under the employment or other contract, and all such amounts
are paid from a clearly identified source of non-state funds;
(B) the terms of the employment or other contract have
not been renewed, modified, or otherwise altered since September 1,
2001; and
(C) the person does not perform, and is not charged
with performing, any charter school functions.
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