1. Criminal History Reviews Under Senate Bill 9 Holly Claghorn, Senior Attorney Texas Association of School Boards September 10, 2008

2. What is a Criminal History? Arrests, detentions, indictments, informations, and other formal criminal charges and their dispositions But not: –Fingerprint records –Driving records

3. Types of Criminal Histories State – DPS database National – FBI Private consumer reporting agencies –Fair Credit Reporting Act

4. Confidentiality Limited access –Statutory authorization –Person who is subject of record Limited use –Re-disclosure? Criminal penalties

5. Mandatory Reviews Under SB9 Certified employees and substitute teachers Noncertified and contractor employees Student teachers and volunteers

6. What type of history? Nat’l (fingerprint-based) Certified employees and substitute teachers Noncertified and contractor employees hired after 1/1/08 State (name-based) Student teachers and volunteers Noncertified and contractor employees hired before 1/1/08

7. Deadlines 9/1/07: Student teachers and volunteers 1/1/08: Noncertified and contractor employees (new hires) 9/1/11: Certified employees and substitute teachers

8. Fingerprinting Procedures – Certified and Substitute Notice to district Employee contact info to SBEC Fingerprint authorization to employees Employees submit info to SBEC –Conditional employment (subs only)

9. Fingerprinting Procedures – Noncertified (on or after 1/1/08) District certifies employment offer to SBEC Fingerprint authorization to employee Employee submits info to SBEC –Conditional employment

10. Disqualifying Convictions Offense against minor or student: –Title 5 felony –Registered sex offender Exceptions: –30 years ago –Satisfied court requirements –n/a to contractors

11. Local Standards Factors to consider: Degree of offense Age at time of offense Number of offenses Time since last offense Relationship between offense and job

12. TEA’s Proposed Rules - 19 Tex. Admin. Code 153 Definitions District responsibilities Contractor responsibilities

13. Contractor Employees – Three Prongs Employed by service contractor Has continuing duties related to contracted services Will have direct contact with students

14. Contractor Employees – Three Prongs Employed by service contractor –Subcontractor –Independent contractor Continuing duties related to contracted services Direct contact with students

15. Contractor Employees – TEA’s Proposed Rules Definitions District responsibilities Contractor responsibilities 19 Tex. Admin. Code 153 (proposed)

16. “Continuing duties” Regular, repeated basis NOT: infrequent or one-time only

17. Direct contact Substantial opportunity for unsupervised verbal or physical interaction with students –E.g.: coaching or tutoring –NOT: guest speakers sports officials UIL judges

18. Date of employment Individual: date of contract or agreement Employee: date of first compensated services for the contractor

19. District responsibilities Obtain certification from service contractors Apply standards –May adopt higher standard Report to SBEC –Certified contract employees

20. Contractor responsibilities Register with DPS Obtain criminal histories on own employees and employees of subcontractors –On or after 1/1/08: NCHRI –Before 1/1/08: CHRI or private report Certify to district Disqualify certain employees

21. Covered contractor employee -- Review Employee of contractor or subcontractor, or independent contractor Continuing duties Direct contact with students –Substantial opportunity –Unsupervised

22. Visitors Sex offender database check –Any campus visitor –Government i.d. Local procedures

23. Employee Background Checks: Senate Bill 9 and Other Delights Thank you!