CJA(REGULATION) - CONTRACTED SERVICES: CRIMINAL HISTORY

Background Checks and Prohibition of Certain Criminal Convictions

All contracted employees who will have continuing duties related to contracted services and the duties will be performed on an occupied District site, as defined by the District, are subject to a national criminal history review prior to engaging in work for the District. A contracted entity shall submit to the District the requisite information to complete the national criminal history review. The District reserves the right to obtain the criminal history, either through a national criminal history review or a state background check, of any individual working on any District property at any time, regardless of where the work is performed.

Upon reviewing a national criminal history, the District will make a determination of a contracted employee's eligibility to perform work for the District based on the criteria set forth in this regulation. The District is the final decision maker regarding eligibility.

Definitions

"Contracted employee" means an owner or employee of an entity with a contract with the District to perform services. Subcontractors are considered contracted employees of the entity contracting with the District and are subject to this regulation in the same manner as the contracting entity.

"Contracting entity" means an entity that contracts directly with the District to provide services to the District.

"National criminal history record information" (NCHRI) means criminal history information obtained from the Department of Public Safety (DPS) under Government Code Chapter 411, Subchapter F, and the Federal Bureau of Investigation (FBI) under Government Code 411.087. Fingerprinting of an individual is required in order to obtain a national criminal history record information.

"State criminal history record information" means information collected by DPS that consists of identifiable descriptions and notations of arrests, detentions, indictments, information, and other formal criminal charges and their dispositions under Government Code 411.082 and 19 Texas Administrative Code 153.1101(4). Typically, these records are retrieved based on the name of the individual and include criminal activity only in Texas.

"Unoccupied site" means a District site that is totally devoid of student activity, including counseling, after-school programs, athletics, summer school, and wrap-around services, such as health programs. Unoccupied sites do not include sites where replacement campuses are being built adjacent to an active school.

Exceptions

In accordance with Texas Education Code 22.08341(c)(2), contracted employees who are working on new construction on an unoccupied site must complete contracted services no later than the seventh day before the first date the facility will be used for instructional purposes in order to be exempt from a national criminal history review.

Contracted employees working exclusively on a District unoccupied site are not required to be fingerprinted for a national criminal history review.

Disqualifying Offenses

A contracted entity may not employ a person to perform work at a District occupied site when that person's national criminal history information reflects one or more of the following:

  1. A prior felony conviction or an unsuccessful completion of a deferred adjudication of a Felony offense.
  2. A prior conviction or unsuccessful completion of deferred adjudication of a Misdemeanor A offense within the last five years involving acts of moral turpitude as defined in DH(LOCAL) (acts that are generally considered morally or ethically wrong, including crimes that involve dishonesty, fraud, deceit, misrepresentation, or deliberate violence) or offenses involving drugs or alcohol or crimes against children.
  3. Felony or Misdemeanor A charges that are pending against the contracted employee involving offenses of moral turpitude, offenses involving drugs or alcohol, or crimes against children.
  4. Any misdemeanor conviction or unsuccessful completion of deferred adjudication of an offense that is sexual in nature.
  5. A listing or a requirement to list oneself on a sexual offender's database.
  6. Any other information on the criminal history report not listed above will be reviewed by the Superintendent's designee before a determination is made about the contracted employee's eligibility to provide services for the District. The review will include, but not be limited to:
    1. Nature of the offense.
    2. Nature and duty of the employment position.
    3. Number of offenses.
    4. Severity of the offense.
    5. Frequency of the occurrence of the offense.
    6. Timing of the offense (how recent).
    7. Age of the applicant at the time that the offense occurred.
    8. Disposition of the offense.

National Fingerprinting Review Process

If contracted employees are required to be fingerprinted, the contracting entity must follow the District's vetting process as outlined below.

After a contracted employee has completed the fingerprint process using the IdentoGO form, the contracting entity must complete the Exhibit C.1 and email the form to the District's Employee Relations at backgroundcheckreviews@austinisd.org for a national fingerprint background review. The following information is required for the form to be fully processed:

  1. Name that is used on the contracted employee's valid, government-issued photo ID (driver's license, state ID, passport, military ID, or green card);
  2. Date of birth; and
  3. Valid, government-issued photo ID number.

Once the national criminal history review is completed, the contracted entity must send the approved Exhibit C.1 and a completed Badge Request Form to the District Police Department at badgerequest@austinisdpolice.org.

Eligibility to work with the District is determined in accordance with this regulation.

Badging Process

Contracted employees subject to the national fingerprint review requirement shall be identified by a photographic identification badge issued by the District at the contracted entity's expense.

The contracted entity shall not replicate or issue badges that contain the District's name or logo without the expressed written consent of the District.

Violation of Policy

An agreement with the District shall be subject to termination when a violation of this regulation occurs.

Austin ISD

CJA(REGULATION)-X

LDU 2020.02

DATE ISSUED: 2/12/2020