DBAA(LEGAL) - EMPLOYMENT REQUIREMENTS AND RESTRICTIONS: CRIMINAL HISTORY AND CREDIT REPORTS

Definitions

Participation in the Criminal History Clearinghouse

  1. Provide authorized entities with the Texas and FBI fingerprint-based criminal history results.
  2. Provide authorized entities with subscription and notification service to disseminate updated criminal history information.

Certified Persons

Noncertified Employees

Applicability

  1. A district; or
  2. A shared services arrangement, if the employee's or applicant's duties are or will be performed on school property or at another location where students are regularly present.

Information to DPS and TEA

Employment Pending Review

Criminal History

Districts of Innovation

Substitute Teachers

Applicability

Information to DPS and TEA

  1. May not be hired or must be discharged as provided by Education Code 22.085; or
  2. May not be employed as a substitute teacher because the person's educator certification has been revoked or is suspended.

Employment Pending Review

Criminal History

Student Teachers

Applicability

Criminal History

  1. The student teacher has provided to a district a driver's license or another form of identification containing the person's photograph issued by an entity of the United States government; and
  2. The district has obtained from DPS all CHRI that relates to a student teacher. A district may also obtain CHRI relating to a student teacher from any other law enforcement agency, criminal justice agency, or private consumer reporting agency. A district may require a student teacher to pay any costs related to obtaining the CHRI.

Coordination of Efforts

All Other Employees

  1. The district; or
  2. A shared services arrangement, if the employee's duties are performed on school property or at another location where students are regularly present.
  1. DPS;
  2. A law enforcement or criminal justice agency; or
  3. A private consumer reporting agency [see Consumer Credit Reports, below].

Note: For criminal history record provisions regarding volunteers, see GKG. For provisions on employees of entities that contract with a district, see CJA.

Confidentiality of Record

  1. Is for the exclusive use of the district; and
  2. May be disclosed or used by the district only if, and only to the extent, disclosure is authorized or directed by a statute, rule, or order of a court of competent jurisdiction.

Destruction of CHRI

  1. The date the information is used for the authorized purpose; or
  2. The first anniversary of the date the information was originally obtained.

Confidentiality of Information Obtained from Applicant or Employee

  1. To comply with Government Code Chapter 22, Subchapter C (criminal records);
  2. By court order; or
  3. With the consent of the person who is the subject of the information.

Unauthorized Disclosure of CHRI

  1. Obtains CHRI in an unauthorized manner, uses the information for an unauthorized purpose, or discloses the information to a person who is not entitled to the information; or
  2. Violates a DPS rule adopted under Government Code Chapter 411, Subchapter F.
  1. Obtains, uses, or discloses CHRI for remuneration or for the promise of remuneration; or
  2. Employs another person to obtain, use, or disclose CHRI for remuneration or for the promise of remuneration.

Refusal to Hire Convicted Applicants

  1. Convicted of or placed on deferred adjudication community supervision for an offense requiring registration as a sex offender under Code of Criminal Procedure Chapter 62; or
  2. Convicted of:
    1. A felony under Title 5, Penal Code, if the victim of the offense was under 18 years of age at the time the offense was committed; or
    2. An offense under the laws of another state or federal law that is equivalent to an offense under item 1 or 2a, above.

Exception

  1. The date of the offense is more than 30 years before the date the person's employment will begin; and
  2. The applicant for employment satisfied all terms of the court order entered on conviction.

Certification to Commissioner

Sanctions

Termination for Failure to Disclose

Consumer Credit Reports

Definitions

Obtaining Reports

  1. The district has provided the applicant or employee a written disclosure that a consumer report may be obtained for employment purposes; and
  2. The applicant or employee has authorized in writing the procurement of the consumer report.

Adverse Action

Address Discrepancies

Disposal of Records

  1. Burning, pulverizing, or shredding papers containing a consumer report so the information cannot practicably be read or reconstructed;
  2. Destroying or erasing electronic media containing a consumer report so that the information cannot practicably be read or reconstructed; or
  3. After due diligence, entering into and monitoring compliance with a contract with another party engaged in the business of record destruction to dispose of the consumer report.

DeKalb ISD

DBAA(LEGAL)-P

UPDATE 114

DATE ISSUED: 10/18/2019