NATIONAL CRIMINAL HISTORY RECORD INFORMATION REVIEW NONCERTIFIED SCHOOL EMPLOYEES Texas Education Code 22.0833 added by 2007 Texas Legislature Commission of Education Rules 19 Tex. Admin. Code, Chapter 153, Proposed Subchapter DD

Roll Call and Presentation Notes Please answer roll call when appropriate Question and Answer Session Questions will be answered at the end of the presentation. Each ESC will be allowed 3 questions per rotation Please designate a speaker per ESC District questions should be submitted via email to sb9@tea.state.tx.us Roll Call will be done by Jennifer Jones. Doug will give an Introduction

SB 9 Overview SB 9 is a comprehensive statute requiring various levels of criminal history review for different types of public employees, including: All certified educators working in public schools who have not been previously fingerprinted All non-certified public school employees All charter school employees serving in teaching & professional positions All substitute teachers School Contractor employees who have direct contacts with students Student teachers and volunteers, with certain exceptions Jeannie will present this slide… This presentation will focus on Non-certified employees.

Non-certified employees: Who and What Must be Reviewed? The national criminal history record information of any non-certified school employee who is hired on or after January 1, 2008. Only the name-based criminal history record information of non-certified school employees hired before January 1, 2008. Jeannie will present this slide A non-certified employee is a person employed by a school who does not hold an educator certification such as an accountant, bus driver or maintenance worker. A New Non-Certified Employees hired after January 1st must be fingerprinted. School Districts may perform DPS Name Checks on the new Non-certified Employee prior to or after TEA initiates the Non-certified Fingerprint Process for an individual. Non-certified Employees currently employed require a DPS Name Check. A DPS or Private Name Based Check does not require a fingerprint, only access to the DPS secure site. Each name based search will cost $1 per look up. Student teachers and volunteers with certain exceptions need a Name Check. Fingerprinting for contractors hired after 1-1-2008 is to be handled between the ISD and the contractor. The following are the different types of Criminal History Checks. The FBI and DPS Checks are performed when a fingerprint is submitted electronically.

Who Reviews the Criminal History Record? Both TEA and the employing school district, as to the national criminal history record information of non-certified employees hired on or after January 1, 2008 Only the employing school district, as to the name-based criminal history record information review of non-certified employees hired before January 1, 2008. Jeannie will present this slide.

When must a Review be Conducted? A non-certified employee hired on or after January 1, 2008 must submit fingerprint identification information in the form required by TEA and DPS before beginning employment. A school district shall obtain name-based criminal history record information on all employees not subject to a national criminal history record information review (basically, non-certified employees hired prior to January 1, 2008). No time is specified so that presumably means as soon as possible. Jeannie will read this slide---

How is National Criminal History Submitted? A school district will notify TEA by uploading the name and other identifying information of an applicant to whom it has made an offer of employment to SBEC Online . The district will use the form specified on the TEA website: http://www.sbec.state.tx.us/SBECOnline/fp/UploadTemplate_noncertified.xls Susan will present this: Upload names to SBEC Online Only those granted access will be allowed to upload names. If someone from your district needs access, please do not hesitate to contact sb9@tea.state.tx.us for further instructions. When you visit SBEC Online, when you log in, the system will display the green screen. While personnel may have access to other areas in SBEC Online, an access form for SB 9 Fingerprinting is required.

Data needed for Excel Template Non-certified Employee Last Name First Name Middle Name Social Security Number Driver’s License State Driver’s License Number Date of Birth Mailing Address City State Zip Susan will present this… Remind the audience the Excel Template is live on the website. Districts may save the template from the website for future use. The districts may or may not have been collecting DL numbers and DL states in the past, but will need to start collecting this information for new hires after 1-1-2008.

SBEC Online Upload Screen Susan will present this and how to log onto the SBEC ONLINE

Fingerprint Eligibility Determination If the applicant is not already in the DPS clearinghouse, TEA will electronically send the school an authorization form (FASTPass) for that specific applicant. The applicant will then go online to schedule an appointment with the DPS digital fingerprint vendor, L-1 Identity Solutions (http://www.iisfingerprint.com/) Susan will present this. SBEC Online will determine whether or not the non-certified employee needs to undergo the fingerprint/criminal history record request process. SBEC Online will send a FAST Pass to the school district Applicant must schedule an appointment online. A School District may schedule on behalf of the Non-certified Employee.

Fingerprint Submission Process Arrangements for payment of the criminal history review fees must be made using a credit card when scheduling an appointment with L-1 Identity Solutions. Prepaid debit cards may be used by applicants who do not have a credit card. Districts may pay fees for applicants using a district credit card or by other payment arrangements with L-1 Identity Solutions. The applicant MUST present the FAST Pass authorization form at the time fingerprints are submitted. Susan will present this:;:; The applicant will need to take the FAST Pass in order to be fingerprinted. Need to discuss payment arrangements. District may schedule and pay or pay on site for Non-certifieds. Doug will say something about districts issues with payment based on things he has already heard at other workshops.

Where do I go? Applicants may schedule an appointment at any of L1’s fingerprinting locations throughout the state. Susan to present

Criminal History Record Review Process When the applicant’s national criminal history record information has been collected by DPS, it will be entered into the DPS clearinghouse and made available to TEA and the employing district. TEA’s review is limited to whether or not the employee is ineligible for employment under the provisions of TEC § 22.085 (which only applies if the applicant has been convicted of a sexual or violent crime involving a student or minor). If the employee has a criminal history and he or she resigns or is discharged by the district, the district will notify TEA immediately, and no further review will be conducted. Andy and Doug will present Discuss that the national criminal history record information is the FBI Response.

Review Process Continued The district, however, may discharge the employee if he or she failed to disclose in his or her application a conviction of any felony, or a misdemeanor involving moral turpitude. TEC §22.085(d). The consequences of failure to disclose other matters contained in an applicant’s criminal history (such as crimes that don’t fit the above definition, deferred adjudications, etc.) will depend on how applications are phrased, district policy, and controlling employment law. Andy and Doug to present the slide. The School district does not need to wait for TEA to receive any criminal history prior to releasing the employee.

Non-certified Fingerprint Status Screen Susan will present

Non-certified Fingerprint Status Screen Susan will present the status screen --- Discuss investigation status –Fingerprint in Progress, Sent to Investigations, Investigation in Progress, Investigation Complete, Investigation Terminated

Not Employable Review Process If TEA proposes to make a determination that the employee is not employable under TEC § 22.085, the employee will have an opportunity to show that statute does not apply to him or her. When TEA makes a final determination of ineligibility for employment, it will notify the employing school district, which must discharge the employee. The employee may appeal this determination but he or she is not eligible for employment while the appeal is pending. Andy to read and comment on this slide. The ISD and applicant will be informed only if a ‘not employable’ decision is reached.

SBEC Online Access for SB 9 Each school district representative must have completed and submitted a School Districts - User Agreement for SBEC Online in order to upload and access SB 9 information. http://www.sbec.state.tx.us/SBECOnline/accessform_isd.pdf Jeannie

Resource Information For all questions involving fingerprint locations or scheduling an appointment, contact L-1 Identity Solutions at http://www.ibtfingerprint.com/ or (888) 467-2080. For questions regarding arrangement of ISD payment for non-certified applicants, contact Chad Wadsworth, Program Executive, L-1 ID Solutions at cwadsworth@L1-id.com. Senate Bill 9, with text of new Texas Education Code 22.0833 and 22.085, is available at Texas Legislature Online: http://www.capitol.state.tx.us/tlodocs/80R/billtext/doc/SB00009F.doc Commissioner of Education Proposed Rules, available at http://www.tea.state.tx.us/rules/commissioner/proposed/1007/153-1101-ltrprop.html Andy will address the resource information

TEA Contacts For technical assistance with the upload process or SBEC Online, please call 1-888-863-5880, Option 3 Please email any and all questions to sb9@tea.state.tx.us Division of Investigations and Fingerprinting Doug Phillips, Director Andrew Allen, Legal Counsel Jeannie Tomasek, Manager Jennifer Jones, Program Specialist Susan Lambert Lindley, Business Analyst