FAQ: Pre-Employment Affidavit

This Q&A addresses some common questions about the pre-employment or pre-service affidavit, including clarification of who is considered a service provider by law.

Questions and Answers

To keep students safe, Texas law (Texas Education Code (TEC) § 22A.055) requires a pre-employment or pre-service affidavit for anyone seeking employment or a position as a service provider for an educational entity. This includes teachers, administrators, all other school employees, and all service providers employed by the educational entity.

Q: What are applicants providing when they complete a pre-employment or pre-service affidavit?

A: Anyone applying for employment in a public school or as a service provider must agree to release their employment records and submit the signed affidavit approved by the Texas Education Agency (TEA) that inquires if the applicant has:

• Previously been employed by or acted as a service provider or are currently employed by or acting as a service provider for a public or private school
• Been terminated, nonrenewed, discharged or have resigned in lieu of termination or discharge from a school
• Been investigated by a law enforcement or child protective services agency for, or charged with, adjudicated for, or convicted of, an offense involving the conduct listed in TEC § 22A.051(a)(2)(A)(B)(C)(D)
• Been investigated by a licensing agency or had a license, certificate, or permit denied, suspended, revoked, or subject to another sanction in Texas or any other state for the conduct listed in TEC § 22A.051(a)(2)(A)(B)(C)(D)
• Are currently the subject of an inquiry, disciplinary action, review, or investigation by any public or private school, by a teacher-licensing agency, by any law enforcement agency, or in the court of Texas or any other state in connection with any alleged misconduct
• Been listed in the TEA Do Not Hire Registry

Q: What is the definition of a service provider?

A: A service provider is defined by TEC § 22A.001(8) as a person who provides services to an educational entity, including the following:

• A contractor or subcontractor for an educational entity
• A provider of tutoring services for an educational entity
• An entity that has entered into a contract to operate a school district campus under TEC § 11.174
• A staffing provider for an educational entity
• A person employed by or under the control of a person listed above

Q: Is a service provider only those individuals who are in contact with students?

A: No. For purposes of the required pre-service affidavit, there is no provision to exclude individuals who do not have contact with students. Any individual who falls under the definition above will need to complete the affidavit. This may include, but is not limited to, individuals providing contracted services (e.g., custodial, food service, transportation, special education related services) or those that provide a service to the district. Anyone who is a contractor, subcontractor, vendor, provider of services, staffing provider, or anyone employed by these entities is required to complete a pre-employment or pre-service affidavit prior to working in the district.

Q: Is the educational entity responsible for obtaining the completed affidavit for individuals who work for a contracted service provider, or is it the responsibility of the service provider to provide the documentation to the educational entity?

A: While not in statute, it is implied that the educational entity is responsible for ensuring that any individual who falls under the definition of a service provider has completed a pre-employment or pre-service affidavit prior to working in the district. There are penalties for applicants or service providers failing to disclose information on the affidavit, as well as for an employing administrator who employs a person or accepts services from a service provider if the administrator was aware the person knowingly failed to disclose information on the affidavit.

Q: Do volunteers or visitors need to complete an affidavit?

A: The affidavit is designed for individuals seeking employment or a position as a service provider with an educational entity. Processes and procedures for screening volunteers and visitors are separate from this requirement. However, it is best to consult with local counsel to ensure the district is following proper procedures for screening volunteers and visitors who may be considered a service provider.

Q: Where do I find information and the required affidavit form?

A: TEA has a webpage dedicated to the Pre-Employment Affidavit for Educators. The pre-employment or pre-service affidavit for educational entities meets the requirements of TEC § 22A.055 and may be completed as a notarized affidavit or unsworn declaration (non-notarized). Educational entities may use local discretion on which version they choose, and they may also re-key the form to integrate within their own hiring systems.