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Texas Education Code - Section 22.083. Access To Criminal History Records By Local And Regional Education Authorities

Legal Research Home > Texas Lawyer > Education Code > Texas Education Code - Section 22.083. Access To Criminal History Records By Local And Regional Education Authorities

§ 22.083. ACCESS TO CRIMINAL HISTORY RECORDS BY LOCAL AND 
REGIONAL EDUCATION AUTHORITIES.  (a) A school district, private 
school, regional education service center, or shared services 
arrangement may obtain from any law enforcement or criminal justice 
agency all criminal history record information that relates to a 
person:
		(1)  whom the district, school, service center, or 
shared services arrangement intends to employ in any capacity;  or
		(2)  who has indicated, in writing, an intention to 
serve as a volunteer with the district, school, service center, or 
shared services arrangement.
	(b)  An open-enrollment charter school shall obtain from any 
law enforcement or criminal justice agency all criminal history 
record information that relates to:
		(1)  a person whom the school intends to employ in any 
capacity;  or        
		(2)  a person who has indicated, in writing, an 
intention to serve as a volunteer with the school.
	(c)  A school district, open-enrollment charter school, 
private school, regional education service center, or shared 
services arrangement may obtain from any law enforcement or 
criminal justice agency all criminal history record information 
that relates to:
		(1)  a volunteer or employee of the district, school, 
service center, or shared services arrangement;  or
		(2)  an employee of or applicant for employment by a 
person that contracts with the district, school, service center, or 
shared services arrangement to provide services, if:
			(A)  the employee or applicant has or will have 
continuing duties related to the contracted services;  and
			(B)  the duties are or will be performed on school 
property or at another location where students are regularly 
present.
	(d)  The superintendent of a district or the director of an 
open-enrollment charter school, private school, regional education 
service center, or shared services arrangement shall promptly 
notify the State Board for Educator Certification in writing if the 
person obtains or has knowledge of information showing that an 
applicant for or holder of a certificate issued under Subchapter B, 
Chapter 21, has a reported criminal history.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.  
Amended by Acts 2001, 77th Leg., ch. 1504, § 20, eff. Sept. 1, 
2001.

Last modified: August 10, 2007