SECTION 153.1111. Substitute Teachers

(a) National criminal history record information review.

(1) This section applies to a person described in the Texas Education Code (TEC), §22.0836, that is, a person who is a substitute teacher for a school entity or who is an applicant for a substitute teaching position.

(2) Before being employed by a school entity, every person to whom this section applies, and who has not previously done so, shall submit fingerprint, photograph, and identification information to the Texas Department of Public Safety (DPS) as required by this section. All information shall be submitted in the form the DPS requires for the purpose of being included in the Clearinghouse.

(b) Submission of required information.

(1) Upon notice from the Texas Education Agency (TEA), a school entity shall provide the TEA with the names, mailing addresses, and any other requested identifying information for all substitute teachers authorized to be employed by the school entity at that time.

(2) The school entity shall ensure that each such person shall obtain electronically from the TEA an authorization for submission of fingerprint, photograph, and identification information to the DPS in the form the DPS requires.

(3) Only fingerprint, photograph, and identification information that has been properly authorized by the TEA will be accepted by the DPS and included in the Clearinghouse as required by the TEC, §22.0836.

(c) Fees.

(1) The TEA's fee for review of national criminal history record information shall be the same as that required by the State Board for Educator Certification for such a review and may be collected by any entity authorized to obtain the information necessary for the review, which shall then remit the TEA's portion of the fee to the TEA.

(2) A school entity may require a substitute teacher to pay all fees related to obtaining and reviewing the national criminal history record information required by this section.

(d) Employment pending review.

(1) A school entity shall ensure that a person subject to the TEC, §22.0836, submits the required information before that person's employment begins.

(2) After the required information is submitted, the person may begin employment, but that employment is conditional upon the review of that person's criminal history record information by the TEA pursuant to the TEC, §22.0836, and must be terminated if the TEA makes a determination that the employee or applicant is ineligible for employment under the terms of the TEC, §22.085.

(3) In the event that the school entity withdraws its offer of employment or terminates the employee under review, the school entity shall immediately notify the TEA, and no final determination of employability will be made.

(e) Notice of proposed determination of ineligibility for employment.

(1) The TEA shall notify the substitute teacher by certified mail, return receipt requested, if, based on its criminal history record information review and/or its review of the substitute teacher's certification status, if any, the TEA proposes to make a determination that the substitute teacher is ineligible for such employment under the terms of the TEC, §22.0836 and §22.085.

(2) The notice shall specify the basis for the proposed determination, including, but not limited to, a description of the criminal charges or convictions involved and/or the educator certification status, if any, related to the determination.

(3) The notice shall state that the determination will be made unless the substitute teacher submits a written response to the TEA, which may include supporting documents or affidavits, within 15 calendar days from the date the notice was mailed, and such response demonstrates to the satisfaction of the TEA that the substitute teacher is eligible for employment as a substitute teacher under the terms of the TEC, §22.0836 and §22.085.

(4) After review of such response, if any, the TEA shall notify the substitute teacher by certified mail, return receipt requested, of its determination and shall notify the substitute teacher's school entity by e-mail.

(f) Other school entity obligations.

(1) A school entity shall discharge or refuse to hire an employee or applicant if the school entity obtains information through a criminal history record information review or by notification from the TEA pursuant to the TEC, §22.0836, that an employee or applicant for employment has been convicted of an offense covered by the TEC, §22.085, or that an employee or applicant is a certified educator whose certificate is currently revoked or suspended.

(2) Pursuant to the TEC, §22.085(e), sanctions may be imposed on the certificate of a certified educator who fails to discharge an employee or fails to refuse to hire an applicant, if the educator knows or should have known that the employee or applicant has been convicted of an offense described in the TEC, §22.085(a).

(3) Each school year the superintendent or chief operating officer of a school entity shall certify to the TEA that the school entity has complied with the TEC, §22.085.

(4) The school entity shall cooperate with the TEA and the DPS and its contractors to facilitate the submission of the required information, including assisting in the distribution of notices and authorization forms, if requested to do so by the TEA.

(g) Appeal of the TEA determination. A substitute teacher may appeal the TEA determination that he or she is not eligible for employment as a substitute teacher pursuant to the TEC, §22.0836 and §22.085, according to the procedures described in §153.1115 of this title (relating to Appeal of the TEA Determination), but the substitute teacher is not eligible for employment by a school entity as a substitute teacher unless the TEA determination is reversed by a final administrative order.

Source Note: The provisions of this §153.1111 adopted to be effective December 30, 2007, 32 TexReg 9626; amended to be effective June 23, 2015, 40 TexReg 3818