SRC-DPW S.B. 1380 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1380
76R7152 KKA-DBy: Shapleigh
Education
4/27/1999
As Filed


DIGEST 

Currently, Section 22.083, Education Code, authorizes school districts and
other educational institutions to obtain statewide criminal background
checks on prospective employees.  Because the majority of school districts
request background checks based only on the prospective employee's name,
individuals with criminal records who use an alias or who have moved from
another state may not be detected.  This bill would require school
districts and the State Board of Educator Certification to obtain national
criminal history information from the Federal Bureau of Investigation and
other law enforcement agencies for all prospective employees and applicants
for certification as teachers. 

PURPOSE

As proposed, S.B. 1380 requires the State Board for Educator Certification
and certain other educational centers to review criminal history records of
persons seeking educator certification or employment in a public school or
persons seeking to volunteer in a public school. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 22.082, Education Code, to require the State
Board for Educator Certification (board) to obtain from the Federal Bureau
of Investigation (FBI) and certain other agencies, as necessary, all
national and state criminal history record information (criminal record)
that relates to a certificate issued under Chapter 21B.  Requires the board
to collect a fee from a person whose criminal history information is
obtained, in an amount not to exceed the cost of obtaining the information.

SECTION 2, Amends Section 22.083, Education Code, to require a school
district to obtain from the FBI and any other law enforcement agency, a
criminal record for any person the district intends to employ, unless the
person was initially certified by the board in the year preceding the
initial date of prospective employment.  Authorizes a school district,
open-enrollment charter school, private school, regional education service
center, or shared services arrangement (educational centers) to obtain
criminal records for any person who indicates, in writing, an intention to
serve as a volunteer with an educational center.  Authorizes an educational
center to collect a fee from an employee or potential employee whose
criminal record is obtained, in an amount not to exceed the cost of
obtaining the information.  Prohibits an educational center from collecting
a fee from a person serving or intending to serve as a volunteer.  Deletes
text authorizing a school district to obtain certain information.  Makes
conforming changes. 

SECTION 3. Requires the board to obtain all criminal records for persons
who submit applications for certification issued under Chapter 21B,
Education Code, beginning September 1, 1999. 

SECTION 4. Requires school districts to obtain all criminal records for
persons the district intends to employ beginning September 1, 1999.
Requires school districts to obtain criminal records for each person
employed between May 15, 1997 and September 1, 1999, by January 1, 2000.
Provides that this subsection does not apply to criminal records for a
person who will not be employed after January 1, 2000 and updated criminal
records relating to a person at the time a person was initially employed
and the person has been continuously employed by the district. 

 SECTION 5. Effective date: September 1, 1999.

SECTION 6. Emergency clause.