Certain school-related employers must obtain criminal history record information for covered employees, and some may obtain it from specified agencies or consumer reporting entities.
Sec. 22.083. ACCESS TO CRIMINAL HISTORY RECORDS OF EMPLOYEES BY LOCAL AND REGIONAL EDUCATION AUTHORITIES. (a) A school district, open-enrollment charter school, or shared services arrangement shall obtain criminal history record information that relates to a person who is not subject to a national criminal history record information review under this subchapter and who is an employee of: (1) the district or school; or (2) a shared services arrangement, if the employee's duties are performed on school property or at another location where students are regularly present. (a-1) A school district, open-enrollment charter school, or shared services arrangement may obtain the criminal history record information from: (1) the department; (2) a law enforcement or criminal justice agency; or (3) a private entity that is a consumer reporting agency governed by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.). (a-2) A shared services arrangement may obtain from any law enforcement or criminal justice agency all criminal history record information that relates to a person who is not subject to Subsection (a) and whom the shared services arrangement intends to employ in any capacity. (b) A private school or regional education service center may obtain from any law enforcement or criminal justice agency all criminal history record information that relates to: (1) a person whom the school or service center intends to employ in any capacity; or (2) an employee of or applicant for employment by a person that contracts with the school or service center to provide services, if: (A) the employee or applicant has or will have continuing duties related to the contracted services; and (B) the employee or applicant has or will have direct contact with students. (c) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1372, Sec. 27, eff. June 15, 2007. (d) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1372, Sec. 27, eff. June 15, 2007. Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 20, eff. Sept. 1, 2001. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 7, eff. June 15, 2007. Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 8, eff. June 15, 2007. Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 27, eff. June 15, 2007.