Employment Requirements 

School employees are entrusted with the care and education of our children and the stewardship of our public resources.  Naturally the hiring and screening processes at school districts are more elaborate than for most other jobs.  The following resources relate to nepotism and conflicts of interest, criminal background checks, credentials and certification, and hiring practices.

Nepotism/Conflicts of Interest
Criminal Background Checks
Credentials and Certification
Hiring Practices

Nepotism/Conflicts of Interest

Related Policies

Your local school board policy manual contains TASB's (LEGAL) reference policies and board-adopted (LOCAL) policies.  Your district may also have relevant administrative regulations.  For more information on nepotism/conflicts of interest, see district policy and regulations at the following codes:

DBD Conflict of Interest
DBE Nepotism

TASB Resources

  • TASB Legal Services' Nepotism Chart depicts relationships that violate the nepotism prohibition.
  • TASB Legal Services' article Conflicts of Interest: Nepotism answers frequently asked questions about the statutory prohibitions on nepotism that affect board members as public officials.
  • TASB Legal Services' School Official's Quick Guide to Nepotism and other Conflicts of Interest, available for sale in the TASB Store, is a convenient flip chart that explains the nepotism laws and exceptions. The guide contains two charts showing which relatives a school district is prohibited from hiring.
  • TASB Legal Services' Nepotism Issues for School Officials, available for sale in the TASB Store, is a full-length legal outline that explains the nepotism rules affecting superintendents and school board trustees. The outline explains which relatives are not eligible for hire and which are covered by exceptions to the nepotism prohibition.

Other Resources

Criminal Background Checks

Related Policies

For more information on criminal background checks, see district policy and regulations at the following codes:

DBAA Criminal History and Credit Reports

TASB Resources

  • TASB Legal Services' Criminal History Reviews of District Employees and Volunteers is a Q&A answering frequently asked questions about criminal background checks for school district employees, student teachers, and volunteers.
  • TASB Legal Services' Criminal History Reviews of Contractor Employees is a Q&A answering frequently asked questions about criminal background checks and contractor employees, including forms for contractors to certify compliance to the school district.
  • TASB Legal Services' article Reporting Educator Misconduct to TEA explains the requirements for reporting educator misconduct, including a discussion of the contents of the report, confidentiality of student records, and the school board's role in reporting misconduct.
  • The TASB HR Library, available behind myTASB for members of HR Services, collects information and resources on criminal background checks and other employment screening under the heading Recruiting and Hiring.

Other Resources

 

Credentials and Certification

Related Policies

For more information on credentials and certification, see district policy and regulations at the following codes:

DBA    Credentials and Records
DK Emergency Permits and Parental Notification Requirements
DP Principal Qualifications

TASB Resources

  • The TASB HR Library, available behind myTASB for members of HR Services, offers information on educator assignments under the heading Contracts and Assignments. The HR Library also offers information about posting vacancies and screening applicants under the heading Recruiting and Hiring.
  • TASB Legal Services' memo School Marshals and Other School District Personnel Carrying Firearms describes the circumstances under which a school district may authorize school personnel to carry firearms.

Other Resources

  • The Texas Education Agency (TEA) Educator Certification Website describes the state certification requirements, testing details, and related reports.
  • The State Board for Educator Certification (SBEC) rules at 19 Texas Administrative Code chapter 231 detail the certification requirements for assignment of personnel.
  • The TEA Office of Legal Services Teacher FAQs document answers frequently asked questions about educator employment.
  • The TEA Certificate Lookup Website provides a searchable database of educator certificates and endorsements.
  • The TEA Investigations and Disciplinary Rules Enforcement Website answers frequently asked questions about educator misconduct investigations and discipline, includes investigation statistics, and provides general discipline information.

Hiring Practices

Related Policies

For more information on hiring practices, see district policy and regulations at the following codes:

DBB Medical Examinations and Communicable Diseases

TASB Resources

  • The following downloadable forms—Sample Pre-Employment Affidavit for Applicants (pdf) and Sample Pre-Employment Affidavit for Applicant Offered Employment (pdf)—have been approved by the Texas Commissioner of Education to meet the requirements of Texas Education Code section 21.009 from Senate Bill 7 of the Regular Session of the 85th Legislature. (Use of Internet Explorer browser is recommended.)
  • TASB Legal Services' Frequently Asked Questions About Required Pre-Employment Affidavits (pdf) is a Q&A answering frequently asked questions about districts' obligations to require certain applicants to complete an affidavit indicating whether the applicant has had an inappropriate relationship with a minor.
  • TASB Legal Services' article Obtaining Credit Checks on Applicants and Employees (pdf) provides information about obtaining credit checks on applicants and employees.
  • The TASB HR Library, available behind myTASB for members of HR Services, offers information on hiring under the heading Recruiting and Hiring, including information and sample forms for posting vacancies, screening applicants, performing reference checks, conducting interviews, and responding to applicants. The HR Library also offers information on hiring under the heading Employment, including checklists on the hiring process and new hires, information on new employee orientation, retire/rehire, and immigration.
  • Also available behind myTASB for members of HR Services are model job descriptions for over 140 job titles. 

Other Resources

  • The TEA Counselor Job Description & Evaluation Form provides information about professional counselor job descriptions.
  • The Equal Employment Opportunity Commission’s (EEOC) Enforcement Guidance: Disability-Related Inquiries and Medical Examinations of Employees under the Americans with Disabilities Act provides guidance regarding when it is permissible for employers to make disability-related inquiries or require medical examinations of employees.
  • The EEOC’s Employment Tests and Selection Procedures provides guidance on issues relating to the federal anti-discrimination laws and the use of tests and other selection procedures in the employment process.