CJA(LEGAL) -

Notification of Criminal History

Criminal History—Certain Contractor Employees

Contractor Responsibilities

Employed Before January 1, 2008

  1. The employee has continuing duties related to the contracted services; and
  2. The employee has direct contact with students.

Employment Offered on or After January 1, 2008

  1. The employee or applicant has or will have continuing duties related to the contracted services; and
  2. The employee or applicant has or will have direct contact with students.

Certification to District

Disqualifying Conviction

District Responsibilities

Certification from Contractor

SBEC Notification

Emergency Exception to Criminal History Check

Definitions

"Contracting Entity"

"Subcontracting Entity"

"Service Contractor"

"Continuing Duties Related to Contracted Services"

"Covered Contract Employee"

  1. Is employed or offered employment by a service contractor or a subcontractor of a service contractor, is an individual independent contractor of the district, or is an individual subcontractor of a service contractor;
  2. Has or will have continuing duties related to the contracted services;
  3. Has or will have direct contact with students; and
  4. Is not a student of (or enrolled in) the district for which the services are performed.

"Direct Contact with Students"

Note: See DBAA for definitions and provisions regarding confidentiality, consumer credit reports, records retention, and criminal history record checks of employees.

Criminal History—Certain Public Works Contractors

Applicability

  1. Continuing duties related to the contracted services; and
  2. The opportunity for direct contact with students in connection with the person's continuing duties.

Certification to District

  1. Send or ensure that the person sends to the Department of Public Safety information that is required for obtaining national criminal history record information, which may include fingerprints and photographs;
  2. Obtain all criminal history record information that relates to the person through the criminal history clearinghouse as provided by Government Code 411.0845; and
  3. Certify to the district or contracting entity, as applicable, that the contracting entity or subcontracting entity that employs the person has received all criminal history record information relating to the person.

District Responsibilities

Disqualifying Conviction

  1. A felony offense under Penal Code Title 5;
  2. An offense on conviction of which a defendant is required to register as a sex offender; or
  3. An offense under the laws of another state or federal law that is equivalent to 1 or 2.

Emergency

Definitions

"Contracting Entity"

"Instructional Facility"

"Subcontracting Entity"

Direct Contact with Students

  1. The public work does not involve the construction, alteration, or repair of an instructional facility;
  2. For a public work that involves construction of a new instructional facility, the person's duties related to the contracted services will be completed not later than the seventh day before the first date the facility will be used for instructional purposes; or
  3. For a public work that involves an existing instructional facility,
    1. The public work area contains sanitary facilities and is separate from all areas used by students by a secure barrier fence that is not less than six feet in height; and
    2. The contracting entity adopts a policy prohibiting employees, including subcontracting entity employees, from interacting with students or entering areas used by students, informs employees of the policy, and enforces the policy at the public work area.

Contractors Providing Transportation Services

Commercial Transportation Company

Lumberton ISD

CJA(H)-P

UPDATE 109

DATE ISSUED: 10/30/2017