reglab/statecodes huggingface dataset:
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 22 - School District Employees and Volunteers › Subchapter B. Civil Immunity › Section 22.0511. Immunity From Liability

Sec. 22.0511.  IMMUNITY FROM LIABILITY.  (a)  A professional employee of a school district is not personally liable for any act that is incident to or within the scope of the duties of the employee's position of employment and that involves the exercise of judgment or discretion on the part of the employee, except in circumstances in which a professional employee uses excessive force in the discipline of students or negligence resulting in bodily injury to students.
(b)  This section does not apply to the operation, use, or maintenance of any motor vehicle.
(c)  In addition to the immunity provided under this section and under other provisions of state law, an individual is entitled to any immunity and any other protections afforded under the Paul D. Coverdell Teacher Protection Act of 2001 (20 U.S.C. Section 6731 et seq.), as amended.  Nothing in this subsection shall be construed to limit or abridge any immunity or protection afforded an individual under state law.  For purposes of this subsection, "individual" includes a person who provides services to private schools, to the extent provided by federal law.
(d)  A school district may not by policy, contract, or administrative directive:
(1)  require a district employee to waive immunity from liability for an act for which the employee is immune from liability under this section; or
(2)  require a district employee who acts in good faith to pay for or replace property belonging to a student or other person that is or was in the possession of the employee because of an act that is incident to or within the scope of the duties of the employee's position of employment.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Renumbered from Sec. 22.051 and amended by Acts 2003, 78th Leg., ch. 204, Sec. 15.01, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1197, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 116 (S.B. 370), Sec. 1, eff. May 17, 2007.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 22 - School District Employees and Volunteers › Subchapter B. Civil Immunity › Section 22.0512. Immunity From Disciplinary Proceedings for Professional Employees

Sec. 22.0512.  IMMUNITY FROM DISCIPLINARY PROCEEDINGS FOR PROFESSIONAL EMPLOYEES.  (a)  A professional employee of a school district may not be subject to disciplinary proceedings for the employee's use of physical force against a student to the extent justified under Section 9.62, Penal Code.
(b)  In this section, "disciplinary proceeding" means:
(1)  an action brought by the school district employing a professional employee of a school district to discharge or suspend the employee or terminate or not renew the employee's term contract;  or
(2)  an action brought by the State Board for Educator Certification to enforce the educator's code of ethics adopted under Section 21.041(b)(8).
(c)  This section does not prohibit a school district from:
(1)  enforcing a policy relating to corporal punishment;  or
(2)  notwithstanding Subsection (a), bringing a disciplinary proceeding against a professional employee of the district who violates the district policy relating to corporal punishment.
Added by Acts 2003, 78th Leg., ch. 1197, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 22 - School District Employees and Volunteers › Subchapter B. Civil Immunity › Section 22.05125. Immunity From Disciplinary Proceedings for Classroom Teachers

Sec. 22.05125.  IMMUNITY FROM DISCIPLINARY PROCEEDINGS FOR CLASSROOM TEACHERS.  (a)  In this section, "disciplinary proceeding" has the meaning assigned by Section 22.0512.
(b)  A classroom teacher employed by a school district may not be subject to disciplinary proceedings for an allegation that the teacher violated Section 28.0022, the Establishment Clause of the First Amendment of the United States Constitution, or a related state or federal law if:
(1)  the teacher used only instructional material included on the list of approved instructional material maintained by the State Board of Education under Section 31.022 and adopted by the district; and
(2)  the allegation does not dispute that the teacher delivered instruction from instructional material described by Subdivision (1) with fidelity.
(c)  The immunity provided by Subsection (b) is in addition to any other immunity provided by law.  This section may not be construed to interfere with any other immunity provided by law.
Added by Acts 2023, 88th Leg., R.S., Ch. 818 (H.B. 1605), Sec. 4, eff. June 13, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 22 - School District Employees and Volunteers › Subchapter B. Civil Immunity › Section 22.0513. Notice of Claim

Sec. 22.0513.  NOTICE OF CLAIM.  (a)  Not later than the 90th day before the date a person files a suit against a professional employee of a school district, the person must give written notice to the employee of the claim, reasonably describing the incident from which the claim arose.
(b)  A professional employee of a school district against whom a suit is pending who does not receive written notice, as required by Subsection (a), may file a plea in abatement not later than the 30th day after the date the person files an original answer in the court in which the suit is pending.
(c)  The court shall abate the suit if the court, after a hearing, finds that the person is entitled to an abatement because notice was not provided as required by this section.
(d)  An abatement under Subsection (c) continues until the 90th day after the date that written notice is given to the professional employee of a school district as provided by Subsection (a).
Added by Acts 2003, 78th Leg., ch. 204, Sec. 15.01, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1197, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 22 - School District Employees and Volunteers › Subchapter B. Civil Immunity › Section 22.0514. Exhaustion of Remedies

Sec. 22.0514.  EXHAUSTION OF REMEDIES.  A person may not file suit against a professional employee of a school district unless the person has exhausted the remedies provided by the school district for resolving the complaint.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 15.01, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1197, Sec. 1, eff. Sept. 1, 2003.
Sec. 22.0515.  LIMITATION ON DAMAGES.  The liability of a professional employee of a school district or of an individual that is entitled to any immunity and other protections afforded under the Paul D. Coverdell Teacher Protection Act of 2001 (20 U.S.C. Section 6731 et seq.), as amended, for an act incident to or within the scope of duties of the employee's position of employment may not exceed $100,000. The limitation on liability provided by this subsection does not apply to any attorney's fees or court costs that may be awarded against the professional employee under Section 22.0517.
Added by Acts 2003, 78th Leg., ch. 1197, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 22 - School District Employees and Volunteers › Subchapter B. Civil Immunity › Section 22.0516. Alternative Dispute Resolution

Sec. 22.0516.  ALTERNATIVE DISPUTE RESOLUTION.  A court in which a judicial proceeding is being brought against a professional employee of a school district may refer the case to an alternative dispute resolution procedure as described by Chapter 154, Civil Practice and Remedies Code.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 15.01, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1197, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 22 - School District Employees and Volunteers › Subchapter B. Civil Immunity › Section 22.0517. Recovery of Attorney's Fees in Action Against Professional Employee

Sec. 22.0517.  RECOVERY OF ATTORNEY'S FEES IN ACTION AGAINST PROFESSIONAL EMPLOYEE.  In an action against a professional employee of a school district involving an act that is incidental to or within the scope of duties of the employee's position of employment and brought against the employee in the employee's individual capacity, the employee is entitled to recover attorney's fees and court costs from the plaintiff if the employee is found immune from liability under this subchapter.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 15.01, eff. Sept. 1, 2003;  Acts 2003, 78th Leg. ch. 1197, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 22 - School District Employees and Volunteers › Subchapter B. Civil Immunity › Section 22.052. Administration of Medication by School District Employees or Volunteer Professionals; Immunity From Liability

Sec. 22.052.  ADMINISTRATION OF MEDICATION BY SCHOOL DISTRICT EMPLOYEES OR VOLUNTEER PROFESSIONALS;  IMMUNITY FROM LIABILITY.  (a)  On the adoption of policies concerning the administration of medication to students by school district employees, the school district, its board of trustees, and its employees are immune from civil liability from damages or injuries resulting from the administration of medication to a student if:
(1)  the school district has received a written request to administer the medication from the parent, legal guardian, or other person having legal control of the student;  and
(2)  when administering prescription medication, the medication is administered either:
(A)  from a container that appears to be:
(i)  the original container;  and
(ii)  properly labeled;  or
(B)  from a properly labeled unit dosage container filled by a registered nurse or another qualified district employee, as determined by district policy, from a container described by Paragraph (A).
(b)  The board of trustees may allow a licensed physician or registered nurse who provides volunteer services to the school district and for whom the district provides liability insurance to administer to a student:
(1)  nonprescription medication;  or
(2)  medication currently prescribed for the student by the student's personal physician.
(c)  This section may not be construed as granting immunity from civil liability for injuries resulting from gross negligence.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2003, 78th Leg., ch. 1197, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 22 - School District Employees and Volunteers › Subchapter B. Civil Immunity › Section 22.053. School District Volunteers

Sec. 22.053.  SCHOOL DISTRICT VOLUNTEERS.  (a)  A volunteer who is serving as a direct service volunteer of a school district is immune from civil liability to the same extent as a professional employee of a school district under Section 22.0511.
(b)  In this section, "volunteer" means a person providing services for or on behalf of a school district, on the premises of the district or at a school-sponsored or school-related activity on or off school property, who does not receive compensation in excess of reimbursement for expenses.
(c)  This section does not limit the liability of a person for intentional misconduct or gross negligence.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2003, 78th Leg., ch. 204, Sec. 15.02, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1197, Sec. 3, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 22 - School District Employees and Volunteers › Subchapter B. Civil Immunity › Section 22.054. Liability of Certain Institutions of Higher Education

Sec. 22.054.  LIABILITY OF CERTAIN INSTITUTIONS OF HIGHER EDUCATION.  (a)  A private or independent institution of higher education is not liable for damages arising from an act or omission of a person associated with the institution, including an employee or student, arising in the course and scope of that person's activities as a volunteer in a primary or secondary school.
(b)  A school district may agree to provide or pay for attorney services for the defense of a private or independent institution of higher education if:
(1)  the institution is assisting in the provision of volunteer services to primary or secondary schools in the district;
(2)  a claim for damages is brought against the institution in relation to those services;  and
(3)  the board of trustees of the school district reasonably believes that the institution is not liable for the claim under Subsection (a).
(c)  In this section:
(1)  "Private or independent institution of higher education" has the meaning assigned by Section 61.003.
(2)  "Volunteer" means a person rendering services for or on behalf of a public school who does not receive compensation from the district in excess of reimbursement for expenses.  The person may receive compensation from a person other than the district.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 22 - School District Employees and Volunteers › Subchapter B. Civil Immunity › Section 22.055. Frivolous Suit Against Employee

Sec. 22.055.  FRIVOLOUS SUIT AGAINST EMPLOYEE.  A court may award costs and reasonable attorney's fees to a school district employee acting under color of employment to the same extent that a court may award costs and attorney's fees to a school district or school district officer under Section 11.161.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 22 - School District Employees and Volunteers › Subchapter C. Criminal History Records › Section 22.081. Definitions

Sec. 22.081.  DEFINITIONS.  In this subchapter:
(1)  "Department" means the Department of Public Safety.
(2)  "National criminal history record information" means criminal history record information obtained from the department under Subchapter F, Chapter 411, Government Code, and from the Federal Bureau of Investigation under Section 411.087, Government Code.
(3)  "Private school" means a school that:
(A)  offers a course of instruction for students in one or more grades from prekindergarten through grade 12; and
(B)  is not operated by a governmental entity.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 6, eff. June 15, 2007.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 22 - School District Employees and Volunteers › Subchapter C. Criminal History Records › Section 22.0815. Applicability of Subchapter to Districts of Innovation and Other Charter Entities

Sec. 22.0815.  APPLICABILITY OF SUBCHAPTER TO DISTRICTS OF INNOVATION AND OTHER CHARTER ENTITIES.  (a)  In this section, "other charter entity" has the meaning assigned by Section 21.006.
(b)  A prohibition, restriction, or requirement imposed by this subchapter on an open-enrollment charter school applies to the same extent to a district of innovation or other charter entity.
(c)  The failure of a district of innovation to provide information required under Section 22.0832 may result in termination of the district's designation as a district of innovation.
Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2A.013, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 22 - School District Employees and Volunteers › Subchapter C. Criminal History Records › Section 22.082. Access to Criminal History Records by State Board for Educator Certification

Sec. 22.082.  ACCESS TO CRIMINAL HISTORY RECORDS BY STATE BOARD FOR EDUCATOR CERTIFICATION.  The State Board for Educator Certification shall subscribe to the criminal history clearinghouse as provided by Section 411.0845, Government Code, and may obtain from any law enforcement or criminal justice agency all criminal history record information and all records contained in any closed criminal investigation file that relate to a specific applicant for or holder of a certificate issued under Subchapter B, Chapter 21.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 6, eff. June 15, 2007.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 22 - School District Employees and Volunteers › Subchapter C. Criminal History Records › Section 22.0825. Access to Criminal History Records by Texas Education Agency

Sec. 22.0825.  ACCESS TO CRIMINAL HISTORY RECORDS BY TEXAS EDUCATION AGENCY.  (a)  In this section, "other charter entity" has the meaning assigned by Section 21.006.
(b)  The agency shall subscribe to the criminal history clearinghouse as provided by Section 411.0845, Government Code, and may obtain from any law enforcement or criminal justice agency all criminal history record information and all records contained in any closed criminal investigation file that relate to a specific applicant for employment or current or former employee of a school district, district of innovation, open-enrollment charter school, other charter entity, private school that is accredited by an accrediting agency that is a member of the Texas Private School Accreditation Commission, regional education service center, or shared services arrangement.
Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2A.013, eff. September 1, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1105 (S.B. 1471), Sec. 1, eff. June 18, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 22 - School District Employees and Volunteers › Subchapter C. Criminal History Records › Section 22.083. Access to Criminal History Records of Employees by Local and Regional Education Authorities

Sec. 22.083.  ACCESS TO CRIMINAL HISTORY RECORDS OF EMPLOYEES BY LOCAL AND REGIONAL EDUCATION AUTHORITIES.  (a)  A school district, open-enrollment charter school, or shared services arrangement shall obtain criminal history record information that relates to a person who is not subject to a national criminal history record information review under this subchapter and who is an employee of:
(1)  the district or school; or
(2)  a shared services arrangement, if the employee's duties are performed on school property or at another location where students are regularly present.
(a-1)  A school district, open-enrollment charter school, or shared services arrangement may obtain the criminal history record information from:
(1)  the department;
(2)  a law enforcement or criminal justice agency; or
(3)  a private entity that is a consumer reporting agency governed by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.).
(a-2)  A shared services arrangement may obtain from any law enforcement or criminal justice agency all criminal history record information that relates to a person who is not subject to Subsection (a) and whom the shared services arrangement intends to employ in any capacity.
(b)  A private school or regional education service center may obtain from any law enforcement or criminal justice agency all criminal history record information that relates to:
(1)  a person whom the school or service center intends to employ in any capacity; or
(2)  an employee of or applicant for employment by a person that contracts with the school or service center to provide services, if:
(A)  the employee or applicant has or will have continuing duties related to the contracted services; and
(B)  the employee or applicant has or will have direct contact with students.
(c)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1372, Sec. 27, eff. June 15, 2007.
(d)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1372, Sec. 27, eff. June 15, 2007.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 20, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 7, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 8, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 27, eff. June 15, 2007.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 22 - School District Employees and Volunteers › Subchapter C. Criminal History Records › Section 22.0831. National Criminal History Record Information Review of Certified Educators

Sec. 22.0831.  NATIONAL CRIMINAL HISTORY RECORD INFORMATION REVIEW OF CERTIFIED EDUCATORS.  (a)  In this section, "board" means the State Board for Educator Certification.
(b)  This section applies to a person who is an applicant for or holder of a certificate under Subchapter B, Chapter 21, and who is employed by or is an applicant for employment by a school district, open-enrollment charter school, or shared services arrangement.
(c)  The board shall review the national criminal history record information of a person who has not previously submitted fingerprints to the department or been subject to a national criminal history record information review.
(d)  The board shall place an educator's certificate on inactive status for failure to comply with a deadline for submitting information required under this section.
(e)  The board may allow a person who is applying for a certificate under Subchapter B, Chapter 21, and who currently resides in another state to submit the person's fingerprints and other required information in a manner that does not impose an undue hardship on the person.
(f)  The board may propose rules to implement this section, including rules establishing:
(1)  deadlines for a person to submit fingerprints and photographs in compliance with this section; and
(2)  sanctions for a person's failure to comply with the requirements of this section, including suspension or revocation of a certificate or refusal to issue a certificate.
(g)  Expired.
Added by Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 9, eff. June 15, 2007.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 22 - School District Employees and Volunteers › Subchapter C. Criminal History Records › Section 22.0832. National Criminal History Record Information Review of Certain Open-Enrollment Charter School Employees

Sec. 22.0832.  NATIONAL CRIMINAL HISTORY RECORD INFORMATION REVIEW OF CERTAIN OPEN-ENROLLMENT CHARTER SCHOOL EMPLOYEES.  (a)  The agency shall review the national criminal history record information of an employee of an open-enrollment charter school to whom Section 12.1059 applies in the same manner as the State Board for Educator Certification reviews certified educators under Section 22.0831.  If the agency determines that, based on information contained in an employee's criminal history record information, the employee would not be eligible for educator certification under Subchapter B, Chapter 21, the agency shall notify the open-enrollment charter school in writing that the person may not be employed by the school or serve in a capacity described by Section 12.1059.
(b)  An open-enrollment charter school must provide the agency with any information requested by the agency to enable the agency to complete a review under Subsection (a).  Failure of an open-enrollment charter school to provide information under this subsection is a material violation of the school's charter.
Added by Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 9, eff. June 15, 2007.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 22 - School District Employees and Volunteers › Subchapter C. Criminal History Records › Section 22.0836. National Criminal History Record Information Review of Substitute Teachers

Sec. 22.0836.  NATIONAL CRIMINAL HISTORY RECORD INFORMATION REVIEW OF SUBSTITUTE TEACHERS.  (a)  This section applies to a person who is a substitute teacher for a school district, open-enrollment charter school, or shared services arrangement.
(b)  A person to whom this section applies must submit to a national criminal history record information review under this section.
(c)  A school district, open-enrollment charter school, or shared services arrangement shall send or ensure that a person to whom this section applies sends to the department information that is required by the department for obtaining national criminal history record information, which may include fingerprints and photographs.
(d)  The department shall obtain the person's national criminal history record information and report the results through the criminal history clearinghouse as provided by Section 411.0845, Government Code.
(e)  Each school district, open-enrollment charter school, and shared services arrangement shall obtain all criminal history record information that relates to a person to whom this section applies through the criminal history clearinghouse as provided by Section 411.0845, Government Code.
(f)  The school district, open-enrollment charter school, or shared services arrangement may require a person to pay any fees related to obtaining criminal history record information under this section.
(g)  A school district, open-enrollment charter school, or shared services arrangement shall provide the agency with the name of a person to whom this section applies.  The agency shall obtain all criminal history record information of the person through the criminal history clearinghouse as provided by Section 411.0845, Government Code.  The agency shall examine the criminal history record information and certification records of the person and notify the district, school, or shared services arrangement if the person:
(1)  may not be hired or must be discharged as provided by Section 22.085; or
(2)  may not be employed as a substitute teacher because the person's educator certification has been revoked or is suspended.
(h)  The commissioner may adopt rules to implement this section, including rules establishing deadlines for a school district, open-enrollment charter school, or shared services arrangement to require a person to whom this section applies to submit fingerprints and photographs in compliance with this section and the circumstances under which a person may not continue to be employed as a substitute teacher.
(i)  Expired.
(j)  The department in coordination with the commissioner may adopt rules necessary to implement this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 9, eff. June 15, 2007.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 22 - School District Employees and Volunteers › Subchapter C. Criminal History Records › Section 22.08361. National Criminal History Record Information Review of Certain Private School Employees

Sec. 22.08361.  NATIONAL CRIMINAL HISTORY RECORD INFORMATION REVIEW OF CERTAIN PRIVATE SCHOOL EMPLOYEES.  (a) In this section, "qualified private school" has the meaning assigned by Section 411.0972, Government Code.
(b)  This section applies to a person who is an employee of or an applicant for employment at a qualified private school.
(c)  A qualified private school may require a person to whom this section applies to submit to a national criminal history record information review under this section before being employed by the school.
(d)  Before or immediately after securing the services of a person to whom this section applies, a qualified private school may submit or require the person to whom this section applies to submit to the department information that is required by the department for obtaining national criminal history record information, which may include fingerprints and photographs.
(e)  On receipt of the information under Subsection (c), the department shall obtain the person's national criminal history record information and report the results through the criminal history clearinghouse as provided by Section 411.0845, Government Code.
(f)  Each qualified private school may obtain all criminal history record information that relates to a person to whom this section applies through the criminal history clearinghouse as provided by Section 411.0845, Government Code, and may subscribe to the criminal history record information of the person.
(g)  A qualified private school may require a person to pay any fees related to obtaining criminal history record information under this section.
(h)  If a qualified private school requires a person to whom this section applies to submit to a national criminal history record information review, the school shall provide the agency with the name and information described by Subsection (d). The agency shall facilitate the submission of information to the department to allow the school to obtain all criminal history record information that relates to the person to whom this section applies through the criminal history clearinghouse as provided by Section 411.0845, Government Code.
(i)  The department, in coordination with the commissioner, may adopt rules as necessary to implement this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 1105 (S.B. 1471), Sec. 2, eff. June 18, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 22 - School District Employees and Volunteers › Subchapter C. Criminal History Records › Section 22.0837. Fee for National Criminal History Record Information

Sec. 22.0837.  FEE FOR NATIONAL CRIMINAL HISTORY RECORD INFORMATION.  The agency by rule shall require a person submitting to a national criminal history record information review under Section 22.0832, 22.0833, or 22.0836 to pay a fee for the review in an amount not to exceed the amount of any fee imposed on an applicant for certification under Subchapter B, Chapter 21, for a national criminal history record information review under Section 22.0831.  The agency or the department may require an entity authorized to collect information for a national criminal history record information review to collect the fee required under this section and to remit the funds collected to the agency.
Added by Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 9, eff. June 15, 2007.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 22 - School District Employees and Volunteers › Subchapter C. Criminal History Records › Section 22.08391. Confidentiality of Information

Sec. 22.08391.  CONFIDENTIALITY OF INFORMATION.  (a)  Information collected about a person to comply with this subchapter, including the person's name, address, phone number, social security number, driver's license number, other identification number, and fingerprint records:
(1)  may not be released except:
(A)  to comply with this subchapter;
(B)  by court order; or
(C)  with the consent of the person who is the subject of the information;
(2)  is not subject to disclosure as provided by Chapter 552, Government Code; and
(3)  shall be destroyed by the requestor or any subsequent holder of the information not later than the first anniversary of the date the information is received.
(b)  Any criminal history record information received by the State Board for Educator Certification as provided by this subchapter is subject to Section 411.090(b), Government Code.
(c)  Any criminal history record information received by the agency as provided by this subchapter is subject to Section 411.0901(b), Government Code.
(d)  Any criminal history record information received by a school district, charter school, private school, regional education service center, commercial transportation company, or education shared services arrangement or an entity that contracts to provide services to a school district, charter school, or shared services arrangement as provided by this subchapter is subject to Section 411.097(d), Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 9A.05, eff. September 1, 2009.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 22 - School District Employees and Volunteers › Subchapter C. Criminal History Records › Section 22.086. Liability for Reporting Offenses

Sec. 22.086.  LIABILITY FOR REPORTING OFFENSES.  The State Board for Educator Certification, a school district, an open-enrollment charter school, a private school, a regional education service center, a shared services arrangement, or an employee of the board, district, school, service center, or shared services arrangement is not civilly or criminally liable for making a report required under this subchapter.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 22 - School District Employees and Volunteers › Subchapter C. Criminal History Records › Section 22.087. Notification to State Board for Educator Certification

Sec. 22.087.  NOTIFICATION TO STATE BOARD FOR EDUCATOR CERTIFICATION.  The superintendent of a school 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:
(1)  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; and
(2)  the person obtained the information by a means other than the criminal history clearinghouse established under Section 411.0845, Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 11, eff. June 15, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1043 (H.B. 1783), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 22 - School District Employees and Volunteers › Subchapter C. -1. Persons Not Eligible for Employment in Public Schools › Section 22.091. Definition

Sec. 22.091.  DEFINITION.  In this subchapter, "other charter entity" has the meaning assigned by Section 21.006.
Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2A.016, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 22 - School District Employees and Volunteers › Subchapter C. -1. Persons Not Eligible for Employment in Public Schools › Section 22.092. Registry of Persons Not Eligible for Employment in Public Schools

Sec. 22.092.  REGISTRY OF PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC SCHOOLS.  (a)  The agency shall maintain and make available through the Internet portal developed and maintained by the agency under Section 22.095 a registry of persons who are not eligible to be employed by a school district, district of innovation, open-enrollment charter school, other charter entity, regional education service center, or shared services arrangement.
(b)  A school district, district of innovation, open-enrollment charter school, other charter entity, regional education service center, or shared services arrangement shall discharge or refuse to hire a person listed on the registry maintained under this section.
(c)  The registry maintained under this section must list the following persons as not eligible to be employed by public schools:
(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 21.058(b);
(4)  a person whose certification or permit issued under Subchapter B, Chapter 21, is revoked by the State Board for Educator Certification on a finding that the person engaged in misconduct described by Section 21.006(b)(2)(A) or (A-1); and
(5)  a person who is determined by the commissioner under Section 22.094 to have engaged in misconduct described by Section 22.093(c)(1)(A) or (B).
(d)  The agency shall provide equivalent access to the registry maintained under this section to:
(1)  private schools;
(2)  public schools; and
(3)  nonprofit teacher organizations approved by the commissioner for the purpose of participating in the tutoring program established under Section 33.913.
(e)  The agency 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.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 22 - School District Employees and Volunteers › Subchapter C. -1. Persons Not Eligible for Employment in Public Schools › Section 22.095. Internet Portal

Sec. 22.095.  INTERNET PORTAL.  The agency shall develop and maintain an Internet portal through which:
(1)  a report required under Section 22.093(f) may be confidentially and securely filed; and
(2)  the agency makes available:
(A)  the registry of persons who are not eligible to be employed in public schools as described by Section 22.092; and
(B)  information indicating that a person is under investigation for alleged misconduct in accordance with Section 22.094(d), provided that the agency must provide the information through a procedure other than the registry described under Paragraph (A).
Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2A.016, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 22 - School District Employees and Volunteers › Subchapter C. -1. Persons Not Eligible for Employment in Public Schools › Section 22.096. Compliance Monitoring

Sec. 22.096.  COMPLIANCE MONITORING.  The agency shall periodically conduct site visits and review the records of school districts, districts of innovation, open-enrollment charter schools, other charter entities, regional education service centers, and shared services arrangements to ensure compliance with Section 22.092(b).
Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2A.016, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 22 - School District Employees and Volunteers › Subchapter D. Health Care Supplementation › Section 22.101. Definitions

Sec. 22.101.  DEFINITIONS.  In this subchapter:
(1)  "Cafeteria plan" means a plan as defined and authorized by Section 125, Internal Revenue Code of 1986.
(2)  "Employee" means an active, contributing member of the Teacher Retirement System of Texas who:
(A)  is employed by a district, other educational district whose employees are members of the Teacher Retirement System of Texas, participating charter school, or regional education service center;
(B)  is not a retiree eligible for coverage under the program established under Chapter 1575, Insurance Code;
(C)  is not eligible for coverage by a group insurance program under Chapter 1551 or 1601, Insurance Code; and
(D)  is not an individual performing personal services for a district, other educational district that is a member of the Teacher Retirement System of Texas, participating charter school, or regional education service center as an independent contractor.
(3)  "Participating charter school" means an open-enrollment charter school established under Subchapter D, Chapter 12, that participates in the program established under Chapter 1579, Insurance Code.
(4)  "Regional education service center" means a regional education service center established under Chapter 8.
Added by Acts 2005, 79th Leg., Ch. 899 (S.B. 1863), Sec. 18.02, eff. September 1, 2005.
Added by Acts 2005, 79th Leg., Ch. 1359 (S.B. 1691), Sec. 6, eff. September 1, 2005.
Reenacted and amended by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 4.09, eff. May 31, 2006.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 22 - School District Employees and Volunteers › Subchapter D. Health Care Supplementation › Section 22.102. Authority to Adopt Rules; Other Authority

Sec. 22.102.  AUTHORITY TO ADOPT RULES; OTHER AUTHORITY.  (a)  The agency may adopt rules to implement this subchapter.
(b)  The agency may enter into interagency contracts with any other agency of this state for the purpose of assistance in implementing this subchapter.
Added by Acts 2005, 79th Leg., Ch. 899 (S.B. 1863), Sec. 18.02, eff. September 1, 2005.
Added by Acts 2005, 79th Leg., Ch. 1359 (S.B. 1691), Sec. 6, eff. September 1, 2005.
Reenacted and amended by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 4.09, eff. May 31, 2006.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 22 - School District Employees and Volunteers › Subchapter D. Health Care Supplementation › Section 22.103. Designation of Compensation as Health Care Supplementation

Sec. 22.103.  DESIGNATION OF COMPENSATION AS HEALTH CARE SUPPLEMENTATION.  (a)  An employee of a school district, other educational district that is a member of the Teacher Retirement System of Texas, participating charter school, or regional education service center may elect to designate a portion of the employee's compensation to be used as health care supplementation under this subchapter.
(b)  The amount designated under this section may not exceed the amount permitted under applicable federal law.
(c)  This section does not apply to an employee who is not covered by a cafeteria plan or who is not eligible to pay health care premiums through a premium conversion plan.
Added by Acts 2005, 79th Leg., Ch. 899 (S.B. 1863), Sec. 18.02, eff. September 1, 2005.
Added by Acts 2005, 79th Leg., Ch. 1359 (S.B. 1691), Sec. 6, eff. September 1, 2005.
Reenacted and amended by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 4.09, eff. May 31, 2006.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 22 - School District Employees and Volunteers › Subchapter D. Health Care Supplementation › Section 22.104. Funds Held in Trust

Sec. 22.104.  FUNDS HELD IN TRUST.  All funds received by a district, other educational district, participating charter school, or regional education service center under this subchapter are held in trust for the benefit of the employees on whose behalf the district, school, or service center received the funds.
Added by Acts 2005, 79th Leg., Ch. 899 (S.B. 1863), Sec. 18.02, eff. September 1, 2005.
Added by Acts 2005, 79th Leg., Ch. 1359 (S.B. 1691), Sec. 6, eff. September 1, 2005.
Reenacted and amended by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 4.09, eff. May 31, 2006.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 22 - School District Employees and Volunteers › Subchapter D. Health Care Supplementation › Section 22.105. Written Election Required

Sec. 22.105.  WRITTEN ELECTION REQUIRED.  Each school year, an active employee must elect in writing whether to designate a portion of the employee's compensation to be used as health care supplementation under this subchapter.  An election under this section must be made at the same time at which the employee elects to participate in a cafeteria plan, if applicable.
Added by Acts 2005, 79th Leg., Ch. 899 (S.B. 1863), Sec. 18.02, eff. September 1, 2005.
Added by Acts 2005, 79th Leg., Ch. 1359 (S.B. 1691), Sec. 6, eff. September 1, 2005.
Reenacted and amended by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 4.09, eff. May 31, 2006.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 22 - School District Employees and Volunteers › Subchapter D. Health Care Supplementation › Section 22.106. Use of Designated Compensation

Sec. 22.106.   USE OF DESIGNATED COMPENSATION.  An employee may use compensation designated for health care supplementation under this subchapter for any employee benefit, including depositing the designated amount into a cafeteria plan in which the employee is enrolled or using the  designated amount for health care premiums through a premium conversion plan.
Added by Acts 2005, 79th Leg., Ch. 899 (S.B. 1863), Sec. 18.02, eff. September 1, 2005.
Added by Acts 2005, 79th Leg., Ch. 1359 (S.B. 1691), Sec. 6, eff. September 1, 2005.
Reenacted and amended by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 4.09, eff. May 31, 2006.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 22 - School District Employees and Volunteers › Subchapter D. Health Care Supplementation › Section 22.107. Wage Increase for Support Staff

Sec. 22.107.  WAGE INCREASE FOR SUPPORT STAFF.  (a)  A school district shall pay each full-time district employee, other than an administrator or an employee subject to the minimum salary schedule under Section 21.402, an amount at least equal to $500.
(b)  A school district shall pay each part-time district employee, other than an administrator, an amount at least equal to $250.
(c)  A school district employee entitled to a wage increase under this section may elect to receive a portion of the person's annual wages as health care supplementation as provided by this subchapter.
(d)  A payment under this section is in addition to wages the district would otherwise pay the employee during the school year.
Added by Acts 2005, 79th Leg., Ch. 899 (S.B. 1863), Sec. 18.02, eff. September 1, 2005.
Added by Acts 2005, 79th Leg., Ch. 1359 (S.B. 1691), Sec. 6, eff. September 1, 2005.
Reenacted and amended by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 4.09, eff. May 31, 2006.