Criminal History Reviews Under Senate Bill 9 Holly Claghorn, Senior Attorney Texas Association of School Boards September 10, 2008

What is a Criminal History? Arrests, detentions, indictments, informations, and other formal criminal charges and their dispositions But not: –Fingerprint records –Driving records

Types of Criminal Histories State – DPS database National – FBI Private consumer reporting agencies –Fair Credit Reporting Act

Confidentiality Limited access –Statutory authorization –Person who is subject of record Limited use –Re-disclosure? Criminal penalties

Mandatory Reviews Under SB9 Certified employees and substitute teachers Noncertified and contractor employees Student teachers and volunteers

What type of history? Nat’l (fingerprint-based) Certified employees and substitute teachers Noncertified and contractor employees hired after 1/1/08 State (name-based) Student teachers and volunteers Noncertified and contractor employees hired before 1/1/08

Deadlines 9/1/07: Student teachers and volunteers 1/1/08: Noncertified and contractor employees (new hires) 9/1/11: Certified employees and substitute teachers

Fingerprinting Procedures – Certified and Substitute Notice to district Employee contact info to SBEC Fingerprint authorization to employees Employees submit info to SBEC –Conditional employment (subs only)

Fingerprinting Procedures – Noncertified (on or after 1/1/08) District certifies employment offer to SBEC Fingerprint authorization to employee Employee submits info to SBEC –Conditional employment

Disqualifying Convictions Offense against minor or student: –Title 5 felony –Registered sex offender Exceptions: –30 years ago –Satisfied court requirements –n/a to contractors

Local Standards Factors to consider: Degree of offense Age at time of offense Number of offenses Time since last offense Relationship between offense and job

TEA’s Proposed Rules - 19 Tex. Admin. Code 153 Definitions District responsibilities Contractor responsibilities

Contractor Employees – Three Prongs Employed by service contractor Has continuing duties related to contracted services Will have direct contact with students

Contractor Employees – Three Prongs Employed by service contractor –Subcontractor –Independent contractor Continuing duties related to contracted services Direct contact with students

Contractor Employees – TEA’s Proposed Rules Definitions District responsibilities Contractor responsibilities 19 Tex. Admin. Code 153 (proposed)

“Continuing duties” Regular, repeated basis NOT: infrequent or one-time only

Direct contact Substantial opportunity for unsupervised verbal or physical interaction with students –E.g.: coaching or tutoring –NOT: guest speakers sports officials UIL judges

Date of employment Individual: date of contract or agreement Employee: date of first compensated services for the contractor

District responsibilities Obtain certification from service contractors Apply standards –May adopt higher standard Report to SBEC –Certified contract employees

Contractor responsibilities Register with DPS Obtain criminal histories on own employees and employees of subcontractors –On or after 1/1/08: NCHRI –Before 1/1/08: CHRI or private report Certify to district Disqualify certain employees

Covered contractor employee -- Review Employee of contractor or subcontractor, or independent contractor Continuing duties Direct contact with students –Substantial opportunity –Unsupervised

Visitors Sex offender database check –Any campus visitor –Government i.d. Local procedures

Employee Background Checks: Senate Bill 9 and Other Delights Thank you!