Title ED, Education Code

Sec. 22.0825. ACCESS TO CRIMINAL HISTORY RECORDS BY TEXAS EDUCATION AGENCY. (a) In this section, "other charter entity" has the meaning assigned by Section 22A.001. (b) The agency shall subscribe to the criminal history clearinghouse as provided by Section 411.0845, Government Co…

Sec. 22.083. ACCESS TO CRIMINAL HISTORY RECORDS OF EMPLOYEES BY LOCAL AND REGIONAL EDUCATION AUTHORITIES. (a) A school district, open-enrollment charter school, or shared services arrangement shall obtain criminal history record information that relates to a person who is not sub…

Sec. 22.0831. NATIONAL CRIMINAL HISTORY RECORD INFORMATION REVIEW OF CERTIFIED EDUCATORS. (a) In this section, "board" means the State Board for Educator Certification. (b) This section applies to a person who is an applicant for or holder of a certificate under Subchapter B, Cha…

Sec. 22.0832. NATIONAL CRIMINAL HISTORY RECORD INFORMATION REVIEW OF CERTAIN OPEN-ENROLLMENT CHARTER SCHOOL EMPLOYEES. (a) The agency shall review the national criminal history record information of an employee of an open-enrollment charter school to whom Section 12.1059 applies …

Sec. 22.0833. NATIONAL CRIMINAL HISTORY RECORD INFORMATION REVIEW OF NONCERTIFIED EMPLOYEES. (a) This section applies to a person who is not an applicant for or holder of a certificate under Subchapter B, Chapter 21, and who on or after January 1, 2008, is offered employment by: …

Sec. 22.0834. CRIMINAL HISTORY RECORD INFORMATION REVIEW OF CERTAIN CONTRACT EMPLOYEES. (a) Except as provided by Subsection (a-1), this subsection applies to a person who is not an applicant for or holder of a certificate under Subchapter B, Chapter 21, and who is offered employ…

Sec. 22.0835. ACCESS TO CRIMINAL HISTORY RECORDS OF STUDENT TEACHERS AND VOLUNTEERS BY LOCAL AND REGIONAL EDUCATION AUTHORITIES. (a) A school district, open-enrollment charter school, or shared services arrangement shall obtain from the department and may obtain from any other la…

Sec. 22.0836. NATIONAL CRIMINAL HISTORY RECORD INFORMATION REVIEW OF SUBSTITUTE TEACHERS. (a) This section applies to a person who is a substitute teacher for a school district, open-enrollment charter school, or shared services arrangement. (b) A person to whom this section appl…

Sec. 22.08361. NATIONAL CRIMINAL HISTORY RECORD INFORMATION REVIEW OF CERTAIN PRIVATE SCHOOL EMPLOYEES. (a) In this section, "qualified private school" has the meaning assigned by Section 411.0972, Government Code. (b) This section applies to a person who is an employee of or an …

Sec. 22.0837. FEE FOR NATIONAL CRIMINAL HISTORY RECORD INFORMATION. The agency by rule shall require a person submitting to a national criminal history record information review under Section 22.0832, 22.0833, or 22.0836 to pay a fee for the review in an amount not to exceed the …

Sec. 22.08391. CONFIDENTIALITY OF INFORMATION. (a) Information collected about a person to comply with this subchapter, including the person's name, address, phone number, social security number, driver's license number, other identification number, and fingerprint records: (1) m…

Sec. 22.084. ACCESS TO CRIMINAL HISTORY RECORDS OF SCHOOL BUS DRIVERS, BUS MONITORS, AND BUS AIDES. (a) Except as provided by Subsections (c) and (d), a school district, open-enrollment charter school, private school, regional education service center, or shared services arrangem…

Sec. 22.086. LIABILITY FOR REPORTING OFFENSES. The State Board for Educator Certification, a school district, an open-enrollment charter school, a private school, a regional education service center, a shared services arrangement, or an employee of the board, district, school, se…

Sec. 22.087. NOTIFICATION TO STATE BOARD FOR EDUCATOR CERTIFICATION. The superintendent of a school district or the director of an open-enrollment charter school, private school, regional education service center, or shared services arrangement shall promptly notify the State Boa…

Sec. 22.092. REGISTRY OF PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC SCHOOLS. (d) The agency shall provide equivalent access to the registry maintained under this section to: (1) private schools; (2) public schools; (3) nonprofit teacher organizations approved by the commission…

Sec. 22.101. DEFINITIONS. In this subchapter: (1) "Cafeteria plan" means a plan as defined and authorized by Section 125, Internal Revenue Code of 1986. (2) "Employee" means an active, contributing member of the Teacher Retirement System of Texas who: (A) is employed by a distric…

Sec. 22.102. AUTHORITY TO ADOPT RULES; OTHER AUTHORITY. (a) The agency may adopt rules to implement this subchapter. (b) The agency may enter into interagency contracts with any other agency of this state for the purpose of assistance in implementing this subchapter. Added by Act…

Sec. 22.103. DESIGNATION OF COMPENSATION AS HEALTH CARE SUPPLEMENTATION. (a) An employee of a school district, other educational district that is a member of the Teacher Retirement System of Texas, participating charter school, or regional education service center may elect to de…

Sec. 22.104. FUNDS HELD IN TRUST. All funds received by a district, other educational district, participating charter school, or regional education service center under this subchapter are held in trust for the benefit of the employees on whose behalf the district, school, or ser…

Sec. 22.105. WRITTEN ELECTION REQUIRED. Each school year, an active employee must elect in writing whether to designate a portion of the employee's compensation to be used as health care supplementation under this subchapter. An election under this section must be made at the sam…

Sec. 22.106. USE OF DESIGNATED COMPENSATION. An employee may use compensation designated for health care supplementation under this subchapter for any employee benefit, including depositing the designated amount into a cafeteria plan in which the employee is enrolled or using the…

Sec. 22.107. WAGE INCREASE FOR SUPPORT STAFF. (a) A school district shall pay each full-time district employee, other than an administrator or an employee subject to the minimum salary schedule under Section 21.402, an amount at least equal to $500. (b) A school district shall pa…

Sec. 22.901. UNLAWFUL INQUIRY INTO RELIGIOUS AFFILIATION. (a) A person employed or maintained to obtain or aid in obtaining positions for public school employees may not directly or indirectly ask about, orally or in writing, the religion or religious affiliation of anyone applyi…

Sec. 22.902. INSTRUCTION RELATED TO CARDIOPULMONARY RESUSCITATION AND USE OF AUTOMATED EXTERNAL DEFIBRILLATOR. (a) A school district shall, in accordance with the policy adopted under Section 21.4515, make available to district employees and volunteers instruction in the principl…

Sec. 22.904. MENTAL HEALTH TRAINING. (a) Except as otherwise provided by this section, a school district shall require each district employee who regularly interacts with students enrolled at the district to complete an evidence-based mental health training program designed to pr…

Sec. 22A.001. DEFINITIONS. In this chapter: (1) "Abuse" has the meaning assigned by Section 261.001, Family Code, and includes any sexual conduct involving a student or minor. (2) "Board" means the State Board for Educator Certification. (3) "Educational entity" means a school di…

Sec. 22A.002. CONFIDENTIALITY. (a) Unless disclosure is required by other law and except as provided by Subsection (b), a complaint from a member of the public, statement, recording, note, file, record, memorandum, or report that is received, obtained, or created by the board or …

Sec. 22A.051. REQUIREMENT TO REPORT EDUCATOR MISCONDUCT TO BOARD. (a) In addition to the reporting requirement under Section 261.101, Family Code, the superintendent or director of an educational entity shall notify the board if: (1) an educator employed by or seeking employment …

Sec. 22A.052. REQUIREMENT TO REPORT EMPLOYEE OR SERVICE PROVIDER MISCONDUCT TO AGENCY. (a) This section applies to: (1) a person who is employed by an educational entity and who does not hold a certification or permit issued under Subchapter B, Chapter 21; or (2) a service provid…

Sec. 22A.053. NOTICE TO PARENT OR GUARDIAN ABOUT MISCONDUCT. (a) The board of trustees or governing body of an educational entity shall adopt a policy under which notice is provided to the parent or guardian of a student with whom a person employed by or acting as a service provi…

Sec. 22A.054. NOTICE ON CERTIFICATION RECORD OF ALLEGED MISCONDUCT; INCLUSION IN REGISTRY. (a) The board shall adopt a procedure for placing a notice of alleged misconduct on an educator's public certification records. The procedure adopted by the board must provide for immediate…

Sec. 22A.055. PRE-EMPLOYMENT OR PRE-SERVICE AFFIDAVIT. (a) A person applying for employment with or who will act as a service provider for an educational entity must submit, using a form adopted by the agency, consent for release of the person's employment records and a pre-emplo…

Sec. 22A.101. NOTICE OF ALLEGED MISCONDUCT; INVESTIGATION; HEARING. (a) This section applies to: (1) a person described by Section 22A.052(a) who is: (A) the subject of a report that alleges misconduct described by Section 22A.051(a)(2)(A), (B), (C), or (D); (B) identified as hav…

Sec. 22A.102. PRELIMINARY DETERMINATION. To the extent feasible, not later than the 30th day after receipt of a report under Section 22A.051(d), 22A.052(e), 22A.301(c), or 22A.302(c), the board or agency, as applicable, shall, based on a preliminary review of the report, make a d…

Sec. 22A.103. ISSUANCE OF SUBPOENAS. (a) During an investigation by the commissioner of an educator or person who is employed by or providing services to an educational entity for an alleged incident of misconduct, the commissioner may issue a subpoena to compel: (1) the attendan…

Sec. 22A.104. RESTRICTION ON SURRENDER OF CERTIFICATE OR PERMIT PENDING INVESTIGATION. If a person issued a certificate or permit under Subchapter B, Chapter 21, attempts to surrender the certificate or permit while the board is investigating an allegation that the person engaged…

Sec. 22A.151. REGISTRY OF PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN OR PROVISION OF SERVICES TO EDUCATIONAL ENTITIES. (a) The agency shall maintain and make available through the Internet portal developed and maintained by the agency under Section 22A.155 a registry of persons who a…

Sec. 22A.152. TEMPORARY INCLUSION IN REGISTRY BASED ON CONTINUING AND IMMINENT THREAT TO PUBLIC WELFARE. (a) The commissioner shall temporarily include a person in the registry if the commissioner, based on evidence or information presented to the commissioner regarding a complai…

Sec. 22A.153. TEMPORARY INCLUSION IN REGISTRY FOR CERTAIN ARRESTS. (a) The commissioner shall temporarily include a person who is employed by or acting as a service provider for an educational entity in the registry if the person is arrested for an offense listed under Section 22…

Sec. 22A.154. REPORTING TO LAW ENFORCEMENT. (a) In this section, "law enforcement agency" means: (1) the Department of Public Safety; (2) the police department of a municipality; (3) the sheriff's office of a county; or (4) a constable's office of a county. (b) The agency shall r…

Sec. 22A.155. INTERNET PORTAL. (a) The agency shall develop and maintain an Internet portal through which: (1) a report required under Section 22A.051(d), 22A.052(e), 22A.301(c), or 22A.302(c) is confidentially and securely filed; and (2) the agency makes available: (A) the regis…

Sec. 22A.156. COMPLIANCE MONITORING; AGENCY INVESTIGATION AND REVIEW. (a) The agency shall periodically review the records of educational entities to ensure compliance with Section 22A.151(b). (b) The agency shall review the investigations conducted by educational entities involv…

Sec. 22A.157. EMPLOYEES AND APPLICANTS CONVICTED OF OR PLACED ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN OFFENSES. (a) An educational entity shall discharge or refuse to hire an employee or applicant for employment if the entity obtains information through a crimi…

Sec. 22A.201. DENIAL OR REVOCATION OF CERTIFICATE AND TERMINATION OF EMPLOYMENT BASED ON CONVICTION OF OR PLACEMENT ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN OFFENSES. (a) The procedures described by this section apply only to: (1) conviction of or placement on d…

Sec. 22A.202. TEMPORARY SUSPENSION OF CERTIFICATION OR PERMIT BASED ON CONTINUING AND IMMINENT THREAT TO PUBLIC WELFARE. (a) The board shall temporarily suspend an educator's certification or permit issued under Subchapter B, Chapter 21, if the board, based on evidence or informa…

Sec. 22A.203. TEMPORARY SUSPENSION OF CERTIFICATION OR PERMIT FOR CERTAIN ARRESTS. (a) The board shall temporarily suspend an educator's certification or permit issued under Subchapter B, Chapter 21, if the educator is arrested for an offense listed under Section 22A.201(a). (b) …