Qualified private schools may obtain certain criminal history record information, but must not release or disclose it except as allowed, and must destroy it after authorized use.
Sec. 411.0972. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: QUALIFIED PRIVATE SCHOOLS. (a) In this section, "qualified private school" means a school that: (1) offers a course of instruction for students in this state in one or more grades from prekindergarten through grade 12; (2) is accredited by an organization recognized by the Texas Education Agency or the Texas Private School Accreditation Commission; and (3) is determined to be eligible by the department under Subsection (b). (b) On request by a private school, the department shall determine whether the school is eligible under the National Child Protection Act of 1993 (34 U.S.C. Section 40102) to obtain criminal history record information that relates to an employee or an applicant for employment. (c) A qualified private school may obtain state criminal history record information from the department. (d) Except as provided by Subsection (f), criminal history record information obtained by a qualified private school in the original form or any subsequent form: (1) may not be released to any person except the person who is the subject of the information; (2) is not subject to disclosure as provided by Chapter 552; and (3) shall be destroyed by the school after the information is used for the authorized purpose. (e) A qualified private school may obtain criminal history record information from the Federal Bureau of Investigation identification division in accordance with Section 411.087. (f) Criminal history record information obtained from the Federal Bureau of Investigation may not be released or disclosed except on court order. Added by Acts 2023, 88th Leg., R.S., Ch. 1105 (S.B. 1471), Sec. 3, eff. June 18, 2023.