| (a) National criminal history record information review.
(1) This section applies to a person described in the
Texas Education Code (TEC), §22.0836, that is, a person who is
a substitute teacher for a school entity or who is an applicant for
a substitute teaching position.
(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),
a school entity shall provide the TEA with the names, mailing addresses,
and any other requested identifying information for all substitute
teachers authorized to be employed by the school entity at that time.
(2) The school entity 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, §22.0836.
(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 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) A school entity may require a substitute teacher
to pay all fees related to obtaining and reviewing the national criminal
history record information required by this section.
(d) Employment pending review.
(1) A school entity shall ensure that a person subject
to the TEC, §22.0836, submits the required information before
that person's employment begins.
(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, §22.0836, 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 school entity withdraws its
offer of employment or terminates the employee under review, the school
entity shall immediately notify the TEA, and no final determination
of employability will be made.
(e) Notice of proposed determination of ineligibility
for employment.
(1) The TEA shall notify the substitute teacher by
certified mail, return receipt requested, if, based on its criminal
history record information review and/or its review of the substitute
teacher's certification status, if any, the TEA proposes to make a
determination that the substitute teacher is ineligible for such employment
under the terms of the TEC, §22.0836 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 involved 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 substitute teacher 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 substitute teacher
is eligible for employment as a substitute teacher under the terms
of the TEC, §22.0836 and §22.085.
(4) After review of such response, if any, the TEA
shall notify the substitute teacher by certified mail, return receipt
requested, of its determination and shall notify the substitute teacher's
school entity by e-mail.
(f) Other school entity obligations.
(1) A school entity shall discharge or refuse to hire
an employee or applicant if the school entity obtains information
through a criminal history record information review or by notification
from the TEA pursuant to the TEC, §22.0836, that an employee
or applicant for employment has been convicted of an offense covered
by the TEC, §22.085, or that an employee or applicant is a certified
educator whose certificate is currently revoked or suspended.
(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 superintendent or chief operating
officer of a school entity shall certify to the TEA that the school
entity has complied with the TEC, §22.085.
(4) The school entity 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.
(g) Appeal of the TEA determination. A substitute teacher
may appeal the TEA determination that he or she is not eligible for
employment as a substitute teacher pursuant to the TEC, §22.0836
and §22.085, according to the procedures described in §153.1115
of this title (relating to Appeal of the TEA Determination), but the
substitute teacher is not eligible for employment by a school entity
as a substitute teacher unless the TEA determination is reversed by
a final administrative order.
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