§153.DD. Criminal History Record Information Review
Page 6 November 2017 Update
(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.
Statutory Authority: The provisions of this §153.1111 issued under the Texas Education Code, §22.0836.
Source: 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.
§153.1113. Charter School Educators.
(a) National criminal history record information review.
(1) This section applies to a person described in the Texas Education Code (TEC), §22.0832, that is, a
person who is an employee or an applicant for employment with an open-enrollment charter
school in a position to which the TEC, §12.1059, applies.
(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), an open-enrollment charter school shall
provide the TEA with the names, mailing addresses, and any other requested identifying
information for all employees and applicants to whom the TEC, §12.1059, applies.
(2) The charter school 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,
§22.0832.