Current through Reg. 49, No. 38; September 20, 2024
(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.
