| (a) National criminal history record information review.
(1) This section applies to a person described in the
Texas Education Code (TEC), §22.0832, that is, a person who is
an employee or an applicant for employment with an open-enrollment
charter school in a position to which the TEC, §12.1059, applies.
(2) Before being employed by a school entity, every
person to whom this section applies, and who has not previously done
so, shall submit fingerprint, photograph, and identification information
to the Texas Department of Public Safety (DPS) as required by this
section. All information shall be submitted in the form the DPS requires
for the purpose of being included in the Clearinghouse.
(b) Submission of required information.
(1) Upon notice from the Texas Education Agency (TEA),
an open-enrollment charter school shall provide the TEA with the names,
mailing addresses, and any other requested identifying information
for all employees and applicants to whom the TEC, §12.1059, applies.
(2) The charter school shall ensure that each such
person shall obtain electronically from the TEA an authorization for
submission of fingerprint, photograph, and identification information
to the DPS in the form the DPS requires.
(3) Only fingerprint, photograph, and identification
information that has been properly authorized by the TEA will be accepted
by the DPS and included in the Clearinghouse as required by the TEC, §22.0832.
(4) The following conditions are material violations
of the school's charter, as provided by the TEC, §22.0832:
(A) failure of an open-enrollment charter school to
provide the information required by this section; and
(B) continued employment by an open-enrollment charter
school of a person in a position to which the TEC, §12.1059,
applies, after receipt of notice from the TEA that the person has
failed to submit the information required by this section.
(c) Fees.
(1) The TEA's fee for review of national criminal history
record information shall be the same as that required by the State
Board for Educator Certification (SBEC) for such a review and may
be collected by any entity authorized to obtain the information necessary
for the review, which shall then remit the TEA's portion of the fee
to the TEA.
(2) An open-enrollment charter school may require an
employee to whom the TEC, §12.1059, applies to pay all fees related
to obtaining and reviewing the national criminal history record information
required by this section.
(d) Employment pending review.
(1) An open-enrollment charter school shall ensure
that a person subject to the TEC, §22.0832, submits the required
information before that person's employment begins in a position to
which the TEC, §12.1059, applies.
(2) After the required information is submitted, the
person may begin employment, but that employment is conditional upon
the review of that person's criminal history record information by
the TEA pursuant to the TEC, §22.0832, and must be terminated
if the TEA makes a determination that the employee or applicant is
ineligible for employment under the terms of the TEC, §22.085.
(3) In the event that the open-enrollment charter school
withdraws its offer of employment or terminates the employee under
review, the school shall immediately notify the TEA, and no final
determination of employability will be made.
(e) Standard of TEA review for charter school educators.
(1) As required by the TEC, §22.0832, the TEA
shall review the criminal history record information of a person to
whom that section applies to determine if that person would be eligible
for certification under the TEC, Chapter 21, Subchapter B, and shall
review the certification status, if any, of the person to determine
if the person presents a danger to the health, safety, or welfare
of the students, as defined by the TEC, §12.1162(b).
(2) The TEA shall determine that a person to whom this
section applies would not be eligible for educator certification if
that person's criminal history record information provides satisfactory
evidence that the person would not be eligible for educator certification
under the TEC, Chapter 21, Subchapter B, and Chapter 249 of this title
(relating to Disciplinary Proceedings, Sanctions, and Contested Cases),
where it is provided that certification may be denied if:
(A) the person has engaged in conduct that would constitute
an offense directly relating to public education;
(B) the person lacks good moral character; or
(C) the person is unworthy to instruct or supervise
the youth of this state.
(3) The TEA may rely on the rules and reported decisions
of educator certification cases in its interpretation of the standards
for educator certification. The TEA may also determine that a covered
charter school educator would not be eligible for educator certification
because the educator's revoked or suspended certification status,
if any, demonstrates that the educator presents a danger to the health,
safety, or welfare of the students, as defined by the TEC, §12.1162(b).
(f) Notice of proposed determination of ineligibility
for employment.
(1) The TEA shall notify the charter school educator
by certified mail, return receipt requested, if, based on its criminal
history record information review, the TEA proposes to make a determination
that the charter school educator is ineligible for such employment
under the terms of the TEC, §§12.1162(b) and/or 22.0832
and 22.085.
(2) The notice shall specify the basis for the proposed
determination, including, but not limited to, a description of the
criminal charges or convictions and/or the educator certification
status, if any, related to the determination.
(3) The notice shall state that the determination will
be made unless the charter school educator submits a written response
to the TEA, which may include supporting documents or affidavits,
within 15 calendar days from the date the notice was mailed, and such
response demonstrates to the satisfaction of the TEA that the charter
school educator is eligible for employment as a charter school educator
under the terms of the TEC, §§12.1162(b) and/or 22.0832
and 22.085.
(4) After review of such response, if any, the TEA
shall notify the charter school educator by certified mail, return
receipt requested, of its determination and shall notify the open-enrollment
charter school by e-mail.
(g) Other charter school obligations.
(1) An open-enrollment charter school shall discharge
or refuse to hire an employee or applicant for a position to which
the TEC, §12.1059, applies if the charter school obtains information
through a criminal history record information review or by notification
from the TEA pursuant to the TEC, §22.0832, that:
(A) an employee or applicant has been determined to
be ineligible for employment as a charter school educator pursuant
to the TEC, §22.0832 and §22.085; or
(B) an employee or applicant has been determined to
be ineligible for employment as a charter school educator pursuant
to the TEC, §12.1162(b), because the employee or applicant is
a certified educator whose certificate is currently revoked or suspended
for reasons that indicate a danger to the health, safety, or welfare
of students, as defined by the TEC, §12.1162(b).
(2) Pursuant to the TEC, §22.085(e), sanctions
may be imposed on the certificate of a certified educator who fails
to discharge an employee or fails to refuse to hire an applicant,
if the educator knows or should have known that the employee or applicant
has been convicted of an offense described in the TEC, §22.085(a).
(3) Each school year the chief operating officer of
an open-enrollment charter school shall certify to the TEA that the
school entity has complied with the TEC, §22.085.
(4) The charter school shall cooperate with the TEA
and the DPS and its contractors to facilitate the submission of the
required information, including assisting in the distribution of notices
and authorization forms, if requested to do so by the TEA.
(5) The failure of an open-enrollment charter school
to comply with a final determination under this section or to provide
the information required by this section may be deemed a material
violation of the school's charter.
(h) Appeal of the TEA determination. A charter school
educator may appeal the TEA determination that he or she is not eligible
for employment as a charter school educator pursuant to the TEC, §§12.1162(b)
and/or 22.0832 and 22.085, according to the procedures in §153.1115
of this title (relating to Appeal of the TEA Determination), but the
charter school educator is not eligible for employment in a position
to which the TEC, §12.1059, applies unless the TEA determination
is reversed by a final administrative order.
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