DC(LEGAL) - EMPLOYMENT PRACTICES

Employment Policy

School District Superintendent

Pre-employment Affidavit

TEA Internet Portal

  1. The registry of persons who are not eligible to be employed in public schools; and
  2. Information indicating that a person is under investigation.

Registry of Persons Not Eligible for Employment

  1. An employee of an open-enrollment charter school determined by TEA under Education Code 22.0832 as a person who would not be eligible for educator certification based on his or her national criminal history record information (NCHRI);
  2. A noncertified person determined by TEA to be not eligible for employment based on the person's criminal history record information (CHRI), as provided by Education Code 22.0833 [see DBAA];
  3. A person who is not eligible for employment based on CHRI received by TEA under Education Code 21.058(b) indicating that a certified employee is required to register as a sex offender;
  4. A person whose certification or permit is revoked by SBEC on a finding that the person engaged in misconduct described by Education Code 21.006(b)(2)(A) or (A-1) [see DHC]; and
  5. A noncertified person who is determined by the commissioner under Education Code 22.094 to have engaged in misconduct described by Education Code 22.093(c)(1)(A) or (B) [see DHD].

Employee Information

Verification of Employment Eligibility

  1. Within three business days of initial hiring. If the ESC hires an individual for employment for a duration of less than three business days, the ESC must verify employment at the time of hire.
  2. An ESC shall not be deemed to have hired an individual if the individual is continuing in his or her employment and has a reasonable expectation of employment at all times.
  3. When the ESC rehires an individual, the ESC may, in lieu of completing a new I-9, inspect a previously completed I-9 executed within three years of the date of rehire, to determine whether the individual is still eligible to work.
  4. For an individual whose employment authorization expires, not later than the date of expiration.

Social Security Numbers

Exceptions

  1. Any disclosure that is required by federal statute. The United States Internal Revenue Code provides that the social security number issued to an individual for purposes of federal income tax laws shall be used as the identifying number for taxpayers;
  2. Any disclosure to an ESC maintaining a system of records in existence and operating before January 1, 1975, if such disclosure was required under statute or regulation adopted before such date to verify the identity of an individual; or
  3. Any use for the purposes of establishing the identity of individuals affected by any tax, general public assistance, driver's license, or motor vehicle registration law within the ESC's jurisdiction.

Statement of Uses

New Hire Reporting

Deadline

  1. Not later than 20 calendar days after the date the ESC hires the employee; or
  2. In the case of an ESC transmitting reports magnetically or electronically, by two monthly transmissions (if necessary) not less than 12 days nor more than 16 days apart.

Penalties

At-Will Employment

Exception

Dismissal of At-Will Employees

Retirement Discrimination

Retirement System

Notice to TRS

Employment Assistance Prohibited

  1. The matter has been officially closed or the prosecutor or police with jurisdiction over the alleged misconduct has investigated the allegations and notified school officials that there is insufficient information to establish probable cause that the school employee engaged in sexual misconduct regarding a minor or student in violation of the law;
  2. The ESC employee has been charged with and acquitted or otherwise exonerated of the alleged misconduct; or
  3. The case or investigation remains open and there have been no charges filed against, or indictment of, the school employee within four years of the date on which the information was reported to a law enforcement agency.

State Law on Sanctions

  1. The person assists another person in obtaining employment at a school district, private school, or open-enrollment charter school, other than by the routine transmission of administrative and personnel files; and
  2. The person knew that the other person has previously engaged in sexual misconduct with a minor or student in violation of the law.

Education Service Center, Region 2

DC(LEGAL)-ESCA

UPDATE 25

DATE ISSUED: 7/9/2020