A qualified private school may require certain employees or applicants to undergo a national criminal history record information review, and related information must be handled through the department and clearinghouse process.
Sec. 22.08361. NATIONAL CRIMINAL HISTORY RECORD INFORMATION REVIEW OF CERTAIN PRIVATE SCHOOL EMPLOYEES. (a) In this section, "qualified private school" has the meaning assigned by Section 411.0972, Government Code. (b) This section applies to a person who is an employee of or an applicant for employment at a qualified private school. (c) A qualified private school may require a person to whom this section applies to submit to a national criminal history record information review under this section before being employed by the school. (d) Before or immediately after securing the services of a person to whom this section applies, a qualified private school may submit or require the person to whom this section applies to submit to the department information that is required by the department for obtaining national criminal history record information, which may include fingerprints and photographs. (e) On receipt of the information under Subsection (c), the department shall obtain the person's national criminal history record information and report the results through the criminal history clearinghouse as provided by Section 411.0845, Government Code. (f) Each qualified private school may obtain all criminal history record information that relates to a person to whom this section applies through the criminal history clearinghouse as provided by Section 411.0845, Government Code, and may subscribe to the criminal history record information of the person. (g) A qualified private school may require a person to pay any fees related to obtaining criminal history record information under this section. (h) If a qualified private school requires a person to whom this section applies to submit to a national criminal history record information review, the school shall provide the agency with the name and information described by Subsection (d). The agency shall facilitate the submission of information to the department to allow the school to obtain all criminal history record information that relates to the person to whom this section applies through the criminal history clearinghouse as provided by Section 411.0845, Government Code. (i) The department, in coordination with the commissioner, may adopt rules as necessary to implement this section. Added by Acts 2023, 88th Leg., R.S., Ch. 1105 (S.B. 1471), Sec. 2, eff. June 18, 2023.