|(a) This subchapter provides rules for the implementation
of the criminal history record information review under the Texas
Education Code, Chapter 22, Subchapter C.
(b) The following words, terms, and phrases, when used
in this subchapter, shall have the following meanings, unless the
context clearly indicates otherwise.
(1) Certified educator--An employee or applicant for
employment at a school entity who holds a Texas educator certification
issued under the Texas Education Code (TEC), Chapter 21, Subchapter
B, as required by the TEC, Chapter 22, Subchapter C, to whom the TEC, §22.0831,
and this subchapter apply.
(2) Criminal History Clearinghouse--An electronic clearinghouse
and subscription service established by the Texas Department of Public
Safety, as defined by the Texas Government Code, §411.0845.
(3) National criminal history record information--Criminal
history record information obtained from both the Texas Department
of Public Safety and the Federal Bureau of Investigation, as defined
by the Texas Education Code, §22.081.
(4) Pre-enrollment--The process by which the Texas
Education Agency transmits personal identifiers for an applicant for
certification, a certified educator, or a non-certified employee to
the Texas Department of Public Safety or its fingerprinting vendor,
who then provides the individual with a scheduling email that allows
for the scheduling of a fingerprinting appointment.
(5) School entity--A school district, open-enrollment
charter school, or shared services arrangement.
(6) Texas Education Agency staff--Staff of the Texas
Education Agency assigned by the commissioner of education to perform
the State Board for Educator Certification's administrative functions
(c) A certified educator shall submit fingerprint,
photograph, and identification information to the Texas Department
of Public Safety (DPS) in the form the DPS requires for the purpose
of entering the person's national criminal history record information
into the Criminal History Clearinghouse.
(d) A certified educator may not be employed by a school
entity on or after September 1, 2011, unless the certified educator's
national criminal history record information has been entered into
the Criminal History Clearinghouse and made available to the Texas
Education Agency and the school entity by which the certified educator