The Texas Education Agency has released Commissioner’s rules to implement the requirements for criminal background checks for contractors who work in Texas schools.
The final rules differ from the May 2008 version in that they clarify which contractors are subject to criminal history record review and describe the obligations and responsibilities of school contractors and school districts. The revised rules went into effect Nov. 20, 2008.
The rules were changed to clarify that district students, law enforcement officers, and Department of Family and Protective Services investigators conducting investigations are not subject to criminal background check rules. The definition of direct contact was refined to clarify that contact can be with one or more students and the term “substantial opportunity” for unsupervised contact was added throughout.
The definition of “date of employment” was expanded to clarify that both the date a contractor secures the services of a subcontractor and the date the subcontractor secures the services of an individual must be used. This will help the district and its contractors determine when an individual is required to go through a criminal background check.
Changes to the rules addressing district and contractor responsibilities include the following:
Additional information on the contractor rules was included in the June 2008 issue of the HR Exchange. TASB Legal Services Web site 
includes a set of frequently asked questions on this topic as well as forms for contractors to certify compliance to the school district.
