Transcript Contract Issues: Stipends and Supplemental Duty Pay

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!