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TEA Guidance on Pre-Employment Affidavit

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The Texas Education Agency (TEA) recently provided guidance on the pre-employment affidavit of an applicant offered employment.

Earlier in the COVID-19 outbreak, provisions for online notarization were provided as an avenue for completing the process. TEA has indicated that notarizing the affidavits of applicants offered employment is a local choice.  As indicated in online guidance, TEA interprets Texas Education Code section 21.009 to permit districts to use the declaration completed at the time the application is submitted. Pros and cons of this new guidance are outlined below.


  • Process would be simplified because no notarization would be required
  • Additional safeguards with the implementation of the new hire registry can be used to confirm an applicant’s criminal history
  • A fully automated and paperless hiring process could be achieved


  • No notarization may weaken an employee’s obligation to be truthful
  • Districts have an established practice of requiring a notary

Sample Pre-Employment Affidavit forms can be found in TASB Legal eSource (member login required). It is recommended districts consult with their legal counsel prior to eliminating notarization of the form.

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Karen Dooley
Karen Dooley
HR Services Assistant Director

Karen Dooley joined HR Services in 2016. She provides oversight to a team of consultants providing staffing services, HR reviews, and other projects. She provides training and assists school districts with their HR-related needs. Dooley is a seasoned administrator with more than 17 years of HR experience in Central Texas districts as a coordinator, director, and assistant superintendent. She also worked as an assistant principal, counselor, and teacher, and holds a superintendent certificate.

Dooley received her master’s degree from Prairie View A&M University and her bachelor’s degree from Texas State University.

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