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District Fingerprinting Procedures for Non-Certified Employees under Senate Bill 9

 

Senate Bill 9 was passed by the 80th Legislature in 2007 and mandates that TEA acquire criminal history reports on charter school employees, certified and currently employed educators, substitutes, and non-certified employees hired after January 1, 2008. This notice provides insight on how the process will follow for non-certified employees hired after January 1, 2008.

The process for non-certified employees offered employment after January 1, 2008 will proceed as follows:

  • The district will upload the required information to SBEC Online for applicants being considered for employment. Districts will be able to check the progress of each applicant throughout the process via SBEC Online. TEA/SBEC requires all districts to use the attached Excel spreadsheet-Upload template for Non-certified employees for the Non-certified employee upload. For additional information, see Instructions for Non-certified employees upload template
  • TEA will email a list to the district identifying those individuals who are subject to SB 9 fingerprinting, along with an individual FAST Fingerprint Pass form for each person. A district representative will be responsible for distributing the FAST Fingerprint Pass forms to the individual applicants. 
  • The applicant will schedule an appointment online at L-1 Online Appointment Scheduling (Note: You must select a location prior to scheduling an appointment). When scheduling the appointment, the applicant must have the FAST Fingerprint Pass form in hand and must pay all required fees before the appointment can be finalized. 
    1. This fee must be paid online with a credit card or approved debit card; if the applicant does not have either card, a pre-paid/one-time use credit card can be obtained from any financial institution or certain retail outlets. 
    2. The applicant must take their FAST Fingerprint Pass form, receipt from their online payment and photo identification (driver’s license, state issued identification card, etc.) to their scheduled appointment. 
    3. It is recommended that the applicant keep possession of their FAST Fingerprint Pass until they are sure their prints have cleared and completed. 
  • The district will automatically be subscribed to each applicant in the DPS clearinghouse after the applicant has been printed. 
  • When the criminal history report is made available in the DPS Clearinghouse, DPS will notify the district by email of the individual’s criminal history activity. If criminal activity exists on the applicants report, the district may log in to the DPS clearinghouse to view the applicant’s record.
  • TEA will also review these records and determine non-employability under the guidelines stated in Senate Bill 9, with text of Texas Education Code 22.0833 and 22.085.
  • The district may withdraw an employment offer at any time if there is activity on an applicant’s criminal history; the district does not have to wait until TEA renders a decision before withdrawing the offer of employment. 
  • If the employee has a criminal history and resigns or is discharged by the district, the district must notify TEA immediately, and no further review will be conducted by TEA. 
  • If employment is extended to the applicant, the district will continue their subscription to that applicant. The district will receive notification of any subsequent criminal activity after the review is completed. To view the subsequent activity, there will be a $1.00 fee included per applicant.
  • If the applicant is not extended employment, the district may unsubscribe from that applicant’s record in the clearinghouse. 

Page last modified on 4/20/2011 09:46:06 AM.