The agency must maintain an online registry of people who are not eligible to work for, or provide services to, educational entities, and educational entities must not hire or use listed people.
Sec. 22A.151. REGISTRY OF PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN OR PROVISION OF SERVICES TO EDUCATIONAL ENTITIES. (a) The agency shall maintain and make available through the Internet portal developed and maintained by the agency under Section 22A.155 a registry of persons who are not eligible to be employed by or act as a service provider for an educational entity. (b) An educational entity shall discharge or refuse to hire, or terminate or refuse to accept services from, a person listed on the registry. (c) An educational entity may not allow a person who is listed on the registry to act as a service provider for the entity. (d) The registry must list the following persons as not eligible to be employed by or act as a service provider for an educational entity: (1) a person determined by the agency under Section 22.0832 as a person who would not be eligible for educator certification under Subchapter B, Chapter 21; (2) a person determined by the agency to be not eligible for employment based on the person's criminal history record information review, as provided by Section 22.0833; (3) a person who is not eligible for employment based on criminal history record information received by the agency under Section 22A.201(b); (4) a person whose certification or permit, or application for a certification or permit, issued under Subchapter B, Chapter 21, is denied or revoked by the board and who has not been issued a certificate or permit under that subchapter subsequent to that denial or revocation; (5) a person whose certification or permit issued under Subchapter B, Chapter 21, is suspended by the board for a reason other than under Section 21.105(c), 21.160(c), or 21.210(c) for the period of the suspension; (6) a person who is determined by the commissioner under Section 22A.101 to have engaged in misconduct described by Section 22A.051(a)(2)(A), (B), (C), or (D); and (7) a person temporarily included in the registry under Section 22A.152 or 22A.153 for the term of the placement. (e) The registry must include information indicating whether a person's listing in the registry expires. A prohibition applicable to a person included in the registry no longer applies to a person whose listing in the registry has expired and, if applicable, whose certification or permit under Subchapter B, Chapter 21, has been reinstated. (f) The agency shall provide equivalent access to the registry to: (1) private schools; (2) educational entities; (3) nonprofit teacher organizations approved by the commissioner for the purpose of participating in the tutoring program established under Section 33.913; (4) entities that have entered into a contract to operate a school district campus under Section 11.174; and (5) service providers for an educational entity that are authorized by the entity to access the registry. (g) Each school year, the superintendent or director of an educational entity shall certify to the commissioner that the entity has complied with this section. If feasible, the commissioner by rule shall consolidate the requirement under this subsection with other reporting requirements applicable to the entity. (h) The commissioner shall adopt rules as necessary to implement this section. Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2A.016, eff. September 1, 2019. Amended by: Acts 2021, 87th Leg., R.S., Ch. 806 (H.B. 1525), Sec. 6, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 880 (S.B. 1356), Sec. 1, eff. June 16, 2021. Transferred, redesignated and amended from Education Code, Section 22.092 by Acts 2025, 89th Leg., R.S., Ch. 1138 (S.B. 571), Sec. 1.17, eff. June 20, 2025.