CJA(LEGAL) - CONTRACTED SERVICES: CRIMINAL HISTORY

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

District Responsibilities

Disqualifying Conviction

Emergency

Definitions

"Contracting Entity"

"Subcontracting Entity"

"Continuing Duties Related to Contracted Services"

"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.

Contractor Responsibilities

  1. Send or ensure that the person sends to DPS information that is required for obtaining national criminal history record information, which may include fingerprints and photographs; and
  2. Obtain all criminal history record information that relates to the person through the criminal history clearinghouse as provided by Government Code 411.0845.

Certification to District

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 separated 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

District Authority

  1. An employee of or an applicant for employment with a public or commercial transportation company that contracts with the district to provide transportation services if the employee drives or the applicant will drive a bus in which students are transported or is employed or is seeking employment as a bus monitor or bus aide on a bus in which students are transported; or
  2. An employee of or applicant for employment by an entity that contracts to provide services to a district, charter school, or shared services arrangement as provided by Education Code 22.0834 or 22.08341.

Kirbyville CISD

CJA(LEGAL)-P

UPDATE 111

DATE ISSUED: 6/26/2018