DBA(LEGAL) - EMPLOYMENT REQUIREMENTS AND RESTRICTIONS: CREDENTIALS AND RECORDS
Access to Employee Records
With regard to public access to information in personnel records, custodians of such records shall adhere to the requirements of the Public Information Act. Gov't Code Ch. 552 [See EAB]
Information in a personnel file is excepted from the requirements of the Public Information Act if the disclosure would constitute a clearly unwarranted invasion of personal privacy.
Except as provided below, an employee of an ESC shall choose whether to allow public access to information in the ESC's custody that relates to the employee's home address, home telephone number, emergency contact information, or social security number, or that reveals whether the person has family members.
Gov't Code 552.024, .102(a)
The social security number of an employee of an ESC in the custody of the ESC is confidential. An ESC may not require an employee or former employee of the ESC to choose whether to allow public access to the employee's or former employee's social security number. Gov't Code 552.024(a-1), .147(a-1)
Employee Right of Access
All information in the personnel file of an ESC employee shall be made available to that employee or the employee's designated representative as public information is made available under the Public Information Act. An employee or an employee's authorized representative has a special right of access, beyond the right of the general public, to information held by an ESC that relates to the employee and that is protected from public disclosure by laws intended to protect the employee's privacy interests.
An ESC may not deny to the employee or his or her representative access to information relating to the employee on the grounds that the information is considered confidential by privacy principles under the Public Information Act. The ESC may assert as grounds for denial of access other provisions of the Public Information Act or other laws that are not intended to protect the employee's privacy interests.
If the ESC determines that information in the employee's records is exempt from disclosure under an exception of the Public Information Act, other than an exception intended to protect the privacy interest of the requestor or the person whom the requestor is authorized to represent, it shall submit a written request for a decision to the attorney general before disclosing the information. If a decision is not requested, the ESC shall release the information to the requestor not later than the tenth day after the request for information is received.
Gov't Code 552.023, .102(a); .307
School Bus Drivers
For purposes of the following provisions, a "school bus driver" is a driver transporting school children and/or school personnel on routes to and from school or on a school-related activity trip while operating a multi-function school activity bus, school activity bus, or school bus. 37 TAC 14.1 [See CNA]
At a minimum, to become employed and maintain employment status as a school bus driver, a person must meet the following requirements:
- Be at least 18 years old.
- Possess a valid driver's license designating a class appropriate (with applicable endorsement, if commercial driver license) for the gross vehicle weight rating and manufacturer's designed passenger capacity of the vehicle to be operated.
- Meet the medical qualifications specified by the Department of Public Safety (DPS) at 37 Administrative Code 14.12. [See DBB]
- Maintain an acceptable driving record in accordance with the minimum standards established by the DPS at 37 Administrative Code 14.14.
- Maintain an acceptable criminal history record, secured from any law enforcement agency or criminal justice agency, and reviewed in accordance with the provisions of Education Code Chapter 22. [See DBAA]
- Possess a valid Texas School Bus Driver Safety Training Certificate, as specified at 37 Administrative Code 14.35 or a valid Enrollment Certificate, as specified at 37 Administrative Code 14.36.
Transp. Code 521.022; 37 TAC 14.11, .12, .14
An applicant for employment as a school bus driver must disclose to the ESC:
- Any violations of motor vehicle laws or ordinances (other than parking violations) of which the applicant was convicted or forfeited bond or collateral during the three years preceding the date the application is submitted;
- Any serious traffic violations, as defined by Transportation Code 522.003(25), of which the applicant was convicted during the ten years preceding the date the application is submitted; and
- Any suspension, revocation, or cancellation of driving privilege that the applicant has ever received.
The ESC shall make an inquiry into the applicant's complete driving record, with DPS and with any state in which the applicant held a motor vehicle operator's license or permit within the past seven years. If no previous driving record is found to exist, the ESC must document its efforts to obtain such information and certify that no previous driving record exists for the individual.
The ESC shall review the applicant's driving record to determine whether that person meets minimum requirements, as described at 37 Administrative Code 14.14(d) (penalty points for convictions of traffic law violations and crash involvements).
37 TAC 14.14(b)
An ESC shall, at least once every 12 months, make an inquiry into the complete driving record of each school bus driver it employs, with DPS and with any state in which the individual held a motor vehicle operator's license or permit during that time period. The ESC shall review the driving record to determine whether the individual meets the minimum requirements described at 37 Administrative Code 14.14(d) (penalty points for convictions of traffic law violations and crash involvements). Transp. Code 521.022(d); 37 TAC 14.14(c)
Before a person is employed to operate a school bus to transport students, the ESC must obtain a criminal history record check. An ESC that obtains information that a person has been convicted of a felony or misdemeanor involving moral turpitude may not employ the person to drive a school bus on which students are transported unless the employment is approved by the Board or the Board's designee. Transp. Code 521.022(f)
Any person who has accumulated ten or more penalty points shall be considered ineligible to transport students until such time as he or she may become qualified. A school bus driver who receives notice that his or her license, permit, or privilege to operate a motor vehicle has been revoked, suspended, or withdrawn shall notify the ESC of the contents of the notice before the end of the business day following the day the driver received it. An ESC shall not permit a disqualified driver to drive a school bus, school activity bus, or multi-function school activity bus. 37 TAC 14.14(g)