CHAPTER 22. SCHOOL DISTRICT EMPLOYEES AND VOLUNTEERS
EDUCATION CODE
TITLE 2. PUBLIC EDUCATION
SUBTITLE D. EDUCATORS AND SCHOOL DISTRICT EMPLOYEES AND
VOLUNTEERS
CHAPTER 22. SCHOOL DISTRICT EMPLOYEES AND VOLUNTEERS
SUBCHAPTER A. RIGHTS, DUTIES, AND BENEFITS
Sec. 22.001. SALARY DEDUCTIONS FOR PROFESSIONAL DUES. (a) A
school district employee is entitled to have an amount deducted
from the employee's salary for membership fees or dues to a
professional organization. The employee must:
(1) file with the district a signed written request identifying
the organization and specifying the number of pay periods per
year the deductions are to be made; and
(2) inform the district of the total amount of the fees and dues
for each year or have the organization notify the district of the
amount.
(b) The district shall deduct the total amount of the fees or
dues for a year in equal amounts per pay period for the number of
periods specified by the employee. The deductions shall be made
until the employee requests in writing that the deductions be
discontinued.
(c) The school district may charge an administrative fee for
making the deduction. A fee imposed for making a salary deduction
under this section may not exceed either the actual
administrative cost of making the deduction or the lowest fee the
district charges for similar salary deductions, whichever is
less.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 22.002. ASSIGNMENT, TRANSFER, OR PLEDGE OF COMPENSATION.
(a) In this section, "school employee" means any person employed
by a school district in an executive, administrative, or clerical
capacity or as a superintendent, principal, teacher, or
instructor.
(b) Any school employee's assignment, pledge, or transfer, as
security for indebtedness, of any interest in or part of the
employee's salary or wages then due or that may become due under
an existing contract of employment is enforceable only:
(1) if, before or at the time of execution, delivery, or
acceptance of an assignment, pledge, or transfer, written
approval is obtained in accordance with the policy of the
employing school district; and
(2) to the extent that the indebtedness it secures is a valid
and enforceable obligation.
(c) A school district shall honor an assignment, pledge, or
transfer fulfilling the conditions of Subsection (b) without
incurring any liability to the school employee executing the
assignment, pledge, or transfer. Payment to any assignee,
pledgee, or transferee in accordance with the terms of the
instrument constitutes payment to or for the account of the
assignor, pledgor, or transferor. An assignment, pledge, or
transfer is enforceable only to the extent of salary due or that
may become due during continuation of the assignor's employment
as a school employee.
(d) Venue for any suit against the employer of a school employee
to enforce an assignment, pledge, or transfer of salary is in the
county where the employing school is located.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 22.003. MINIMUM PERSONAL LEAVE PROGRAM. (a) A state
minimum personal leave program consisting of five days per year
personal leave with no limit on accumulation and transferable
among districts shall be provided for school district employees.
School districts may provide additional personal leave beyond
this minimum. The board of trustees of a school district may
adopt a policy governing an employee's use of personal leave
granted under this subsection, except that the policy may not
restrict:
(1) the purposes for which the leave may be used; or
(2) the order in which an employee may use the state minimum
personal leave and any additional personal leave provided by the
school district.
(b) In addition to all other days of leave provided by this
section or by the school district, an employee of a school
district who is physically assaulted during the performance of
the employee's regular duties is entitled to the number of days
of leave necessary to recuperate from all physical injuries
sustained as a result of the assault. At the request of an
employee, the school district must immediately assign an employee
to assault leave and, on investigation of the claim, may change
the assault leave status and charge the leave against the
employee's accrued personal leave or against an employee's pay if
insufficient accrued personal leave is available. Days of leave
taken under this subsection may not be deducted from accrued
personal leave. The period provided by this subsection may not
extend more than two years beyond the date of the assault.
Notwithstanding any other law, assault leave policy benefits due
to an employee shall be coordinated with temporary income
benefits due from workers' compensation so that the employee's
total compensation from temporary income benefits and assault
leave policy benefits equals 100 percent of the employee's weekly
rate of pay.
(c) For purposes of Subsection (b), an employee of a school
district is physically assaulted if the person engaging in the
conduct causing injury to the employee:
(1) could be prosecuted for assault; or
(2) could not be prosecuted for assault only because the
person's age or mental capacity makes the person a nonresponsible
person for purposes of criminal liability.
(c-1) Any informational handbook a school district provides to
employees in an electronic or paper form or makes available by
posting on the district website must include notification of an
employee's rights under Subsection (b) in the relevant section of
the handbook. Any form used by a school district through which
an employee may request leave under this section must include
assault leave under Subsection (b) as an option.
(d) A school district employee with available personal leave
under this section is entitled to use the leave for compensation
during a term of active military service. This subsection applies
to any personal or sick leave available under former law or
provided by local policy of a school district, including a
home-rule school district.
(e) A school district, including a home-rule school district,
may adopt a policy providing for the paid leave of absence of
employees taking leave for active military service as part of the
consideration of employment by the district.
(f) A public school employee who retains any sick leave
accumulated under former Section 13.904(a), as that section
existed on January 1, 1995, is entitled to use the sick leave
provided under that section or the personal leave provided under
Subsection (a) in any order to the extent that the leave the
employee uses is appropriate to the purpose of the leave.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 1997, 75th Leg., ch. 936, Sec. 1, eff. June
18, 1997; Acts 2001, 77th Leg., ch. 1015, Sec. 1, eff. June 15,
2001; Acts 2003, 78th Leg., ch. 971, Sec. 2, eff. June 20, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
19, Sec. 1, eff. May 12, 2009.
Acts 2009, 81st Leg., R.S., Ch.
379, Sec. 1, eff. June 19, 2009.
Sec. 22.004. GROUP HEALTH BENEFITS FOR SCHOOL EMPLOYEES. (a) A
district shall participate in the uniform group coverage program
established under Chapter 1579, Insurance Code, as provided by
Subchapter D of that chapter.
(b) A district that does not participate in the program
described by Subsection (a) shall make available to its employees
group health coverage provided by a risk pool established by one
or more school districts under Chapter 172, Local Government
Code, or under a policy of insurance or group contract issued by
an insurer, a company subject to Chapter 842, Insurance Code, or
a health maintenance organization under Chapter 843, Insurance
Code. The coverage must meet the substantive coverage
requirements of Chapter 1251, Subchapter A, Chapter 1364, and
Subchapter A, Chapter 1366, Insurance Code, and any other law
applicable to group health insurance policies or contracts issued
in this state. The coverage must include major medical treatment
but may exclude experimental procedures. In this subsection,
"major medical treatment" means a medical, surgical, or
diagnostic procedure for illness or injury. The coverage may
include managed care or preventive care and must be comparable to
the basic health coverage provided under Chapter 1551, Insurance
Code. The board of trustees of the Teacher Retirement System of
Texas shall adopt rules to determine whether a school district's
group health coverage is comparable to the basic health coverage
specified by this subsection. The rules must provide for
consideration of the following factors concerning the district's
coverage in determining whether the district's coverage is
comparable to the basic health coverage specified by this
subsection:
(1) the deductible amount for service provided inside and
outside of the network;
(2) the coinsurance percentages for service provided inside and
outside of the network;
(3) the maximum amount of coinsurance payments a covered person
is required to pay;
(4) the amount of the copayment for an office visit;
(5) the schedule of benefits and the scope of coverage;
(6) the lifetime maximum benefit amount; and
(7) verification that the coverage is issued by a provider
licensed to do business in this state by the Texas Department of
Insurance or is provided by a risk pool authorized under Chapter
172, Local Government Code, or that a district is capable of
covering the assumed liabilities in the case of coverage provided
through district self-insurance.
(c) The cost of the coverage provided under the program
described by Subsection (a) shall be paid by the state, the
district, and the employees in the manner provided by Subchapter
F, Chapter 1579, Insurance Code. The cost of coverage provided
under a plan adopted under Subsection (b) shall be shared by the
employees and the district using the contributions by the state
described by Subchapter F, Chapter 1579, Insurance Code, or
Subchapter D.
(d) Each district shall report the district's compliance with
this section to the executive director of the Teacher Retirement
System of Texas not later than March 1 of each even-numbered year
in the manner required by the board of trustees of the Teacher
Retirement System of Texas. For a district that does not
participate in the program described by Subsection (a), the
report must be available for review, together with the policy or
contract for the group health coverage plan, at the central
administrative office of each campus in the district and be
posted on the district's Internet website if the district
maintains a website, must be based on the district group health
coverage plan in effect during the current plan year, and must
include:
(1) appropriate documentation of:
(A) the district's contract for group health coverage with a
provider licensed to do business in this state by the Texas
Department of Insurance or a risk pool authorized under Chapter
172, Local Government Code; or
(B) a resolution of the board of trustees of the district
authorizing a self-insurance plan for district employees and of
the district's review of district ability to cover the liability
assumed;
(2) the schedule of benefits;
(3) the premium rate sheet, including the amount paid by the
district and employee;
(4) the number of employees covered by the health coverage plan
offered by the district;
(5) information concerning the ease of completing the report, as
required by the executive director of the Teacher Retirement
System of Texas; and
(6) any other information considered appropriate by the
executive director of the Teacher Retirement System of Texas.
(e) The executive director of the Teacher Retirement System of
Texas shall submit a report to the legislature not later than
September 1 of each even-numbered year describing the status of
each district's group health coverage program based on the
information contained in the report required by Subsection (d).
The retirement system shall post the report on the Internet
website maintained by the system.
(f) A school district that does not participate in the program
described by Subsection (a) may not contract with an insurer, a
company subject to Chapter 842, Insurance Code, or a health
maintenance organization to issue a policy or contract under this
section, or with any person to assist the school district in
obtaining or managing the policy or contract unless, before the
contract is entered into, the insurer, company, organization, or
person provides the district with an audited financial statement
showing the financial condition of the insurer, company,
organization, or person.
(g) An insurer, a company subject to Chapter 842, Insurance
Code, or a health maintenance organization that issues a policy
or contract under this section and any person that assists the
school district in obtaining or managing the policy or contract
for compensation shall provide an annual audited financial
statement to the school district showing the financial condition
of the insurer, company, organization, or person.
(h) An audited financial statement provided under this section
must be made in accordance with rules adopted by the commissioner
of insurance or with generally accepted accounting principles, as
applicable.
(i) Notwithstanding any other provision of this section, a
district participating in the uniform group coverage program
established under Chapter 1579, Insurance Code, may not make
group health coverage available to its employees under this
section after the date on which the program of coverages provided
under Chapter 1579, Insurance Code, is implemented.
(j) This section does not preclude a district that is
participating in the uniform group coverage program established
under Chapter 1579, Insurance Code, from entering into contracts
to provide optional insurance coverages for the employees of the
district.
(k) Notwithstanding any other law, an employee of a district
participating in the uniform group coverage program under
Subsection (a) or providing group health coverage under
Subsection (b) whose resignation is effective after the last day
of an instructional year is entitled to participate or be
enrolled in the uniform group coverage plan or the group health
coverage through the first anniversary of the date participation
in or coverage under the uniform group coverage plan or the group
health coverage was first made available to district employees
for the last instructional year in which the employee was
employed by the district.
(l) If an employee's resignation is effective after the last day
of an instructional year, the district may not diminish or
eliminate the amount of a contribution available to the employee
under Chapter 1581, Insurance Code, before the last date on which
the employee is entitled to participation or enrollment under
Subsection (k).
(m) Notwithstanding any other law, group health benefit coverage
provided by or offered through a district to district employees
under any law is subject to the requirements of Sections
1501.102-1501.105, Insurance Code. This section applies to all
group health benefit coverage provided by or offered through a
district to district employees, including:
(1) a standard health benefit plan issued under Chapter 1507,
Insurance Code; and
(2) health and accident coverage provided through a risk pool
established under Chapter 172, Local Government Code.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 1997, 75th Leg., ch. 1416, Sec. 37, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1540, Sec. 28, eff.
Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1187, Sec. 3.18, eff.
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 785, Sec. 56, eff. Sept.
1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 10A.511, eff. Sept.
1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
386, Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
728, Sec. 11.108, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
899, Sec. 18.01, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
1359, Sec. 4, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
108, Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1230, Sec. 14, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
103, Sec. 1, eff. September 1, 2009.
Sec. 22.005. HEALTH CARE PLAN AND FUND. (a) The board of
trustees of a school district may establish a health care plan
for employees of the district and dependents of employees.
(b) In implementing the health care plan, the board shall
establish a fund to pay, as authorized under the plan, all or
part of the actual costs for hospital, surgical, medical, dental,
or related health care incurred by employees of the district or
any dependent whose participation in the program is being
supported by deductions from the salary of an employee. Under the
plan, the fund also may be used to pay the costs of administering
the fund. The fund consists of money contributed by the school
district and money deducted from salaries of employees for
dependent or employee coverage. Money for the fund may not be
deducted from the salary of a school district employee unless the
employee authorizes the deduction in writing. The plan shall
attempt to protect the school district against unanticipated
catastrophic individual loss, or unexpectedly large aggregate
loss, by securing individual stop-loss coverage, or aggregate
stop-loss coverage, or both, from a commercial insurer.
(c) The board may amend or cancel the district's health care
plan at any regular or special meeting of the board. If the plan
is canceled, any valid claim against the fund for payment of
health care costs resulting from illness or injury occurring
during the time the plan was in effect shall be paid out of the
fund. If the fund is insufficient to pay the claim, the costs
shall be paid out of other available school district funds.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 22.006. DISCRIMINATION BASED ON JURY SERVICE PROHIBITED.
(a) A school district may not discharge, discipline, reduce the
salary of, or otherwise penalize or discriminate against a school
district employee because of the employee's compliance with a
summons to appear as a juror.
(b) For each regularly scheduled workday on which a nonsalaried
employee serves in any phase of jury service, a school district
shall pay the employee the employee's normal daily compensation.
(c) An employee's accumulated personal leave may not be reduced
because of the employee's service in compliance with a summons to
appear as a juror.
Added by Acts 1999, 76th Leg., ch. 656, Sec. 1, eff. Aug. 30,
1999.
Sec. 22.007. INCENTIVES FOR EARLY RETIREMENT. A district may
not offer or provide a financial or other incentive to an
employee of the district to encourage the employee to retire from
the Teacher Retirement System of Texas.
Added by Acts 2005, 79th Leg., Ch.
1359, Sec. 5, eff. September 1, 2005.
SUBCHAPTER B. CIVIL IMMUNITY
Sec. 22.051. DEFINITION; OTHER IMMUNITY. (a) In this
subchapter, "professional employee of a school district"
includes:
(1) a superintendent, principal, teacher, including a substitute
teacher, supervisor, social worker, counselor, nurse, and
teacher's aide employed by a school district;
(2) a teacher employed by a company that contracts with a school
district to provide the teacher's services to the district;
(3) a student in an education preparation program participating
in a field experience or internship;
(4) a school bus driver certified in accordance with standards
and qualifications adopted by the Department of Public Safety of
the State of Texas;
(5) a member of the board of trustees of an independent school
district; and
(6) any other person employed by a school district whose
employment requires certification and the exercise of discretion.
(b) The statutory immunity provided by this subchapter is in
addition to and does not preempt the common law doctrine of
official and governmental immunity.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 15.01, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1197, Sec. 1, eff. Sept. 1, 2003.
Sec. 22.0511. IMMUNITY FROM LIABILITY. (a) A professional
employee of a school district is not personally liable for any
act that is incident to or within the scope of the duties of the
employee's position of employment and that involves the exercise
of judgment or discretion on the part of the employee, except in
circumstances in which a professional employee uses excessive
force in the discipline of students or negligence resulting in
bodily injury to students.
(b) This section does not apply to the operation, use, or
maintenance of any motor vehicle.
(c) In addition to the immunity provided under this section and
under other provisions of state law, an individual is entitled to
any immunity and any other protections afforded under the Paul D.
Coverdell Teacher Protection Act of 2001 (20 U.S.C. Section 6731
et seq.), as amended. Nothing in this subsection shall be
construed to limit or abridge any immunity or protection afforded
an individual under state law. For purposes of this subsection,
"individual" includes a person who provides services to private
schools, to the extent provided by federal law.
(d) A school district may not by policy, contract, or
administrative directive:
(1) require a district employee to waive immunity from liability
for an act for which the employee is immune from liability under
this section; or
(2) require a district employee who acts in good faith to pay
for or replace property belonging to a student or other person
that is or was in the possession of the employee because of an
act that is incident to or within the scope of the duties of the
employee's position of employment.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Renumbered from Sec. 22.051 and amended by Acts 2003, 78th
Leg., ch. 204, Sec. 15.01, eff. Sept. 1, 2003; Acts 2003, 78th
Leg., ch. 1197, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
116, Sec. 1, eff. May 17, 2007.
Sec. 22.0512. IMMUNITY FROM DISCIPLINARY PROCEEDINGS FOR
PROFESSIONAL EMPLOYEES. (a) A professional employee of a school
district may not be subject to disciplinary proceedings for the
employee's use of physical force against a student to the extent
justified under Section 9.62, Penal Code.
(b) In this section, "disciplinary proceeding" means:
(1) an action brought by the school district employing a
professional employee of a school district to discharge or
suspend the employee or terminate or not renew the employee's
term contract; or
(2) an action brought by the State Board for Educator
Certification to enforce the educator's code of ethics adopted
under Section 21.041(b)(8).
(c) This section does not prohibit a school district from:
(1) enforcing a policy relating to corporal punishment; or
(2) notwithstanding Subsection (a), bringing a disciplinary
proceeding against a professional employee of the district who
violates the district policy relating to corporal punishment.
Added by Acts 2003, 78th Leg., ch. 1197, Sec. 1, eff. Sept. 1,
2003.
Sec. 22.0513. NOTICE OF CLAIM. (a) Not later than the 90th day
before the date a person files a suit against a professional
employee of a school district, the person must give written
notice to the employee of the claim, reasonably describing the
incident from which the claim arose.
(b) A professional employee of a school district against whom a
suit is pending who does not receive written notice, as required
by Subsection (a), may file a plea in abatement not later than
the 30th day after the date the person files an original answer
in the court in which the suit is pending.
(c) The court shall abate the suit if the court, after a
hearing, finds that the person is entitled to an abatement
because notice was not provided as required by this section.
(d) An abatement under Subsection (c) continues until the 90th
day after the date that written notice is given to the
professional employee of a school district as provided by
Subsection (a).
Added by Acts 2003, 78th Leg., ch. 204, Sec. 15.01, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1197, Sec. 1, eff. Sept. 1, 2003.
Sec. 22.0514. EXHAUSTION OF REMEDIES. A person may not file
suit against a professional employee of a school district unless
the person has exhausted the remedies provided by the school
district for resolving the complaint.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 15.01, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1197, Sec. 1, eff. Sept. 1, 2003.
Sec. 22.0515. LIMITATION ON DAMAGES. The liability of a
professional employee of a school district or of an individual
that is entitled to any immunity and other protections afforded
under the Paul D. Coverdell Teacher Protection Act of 2001 (20
U.S.C. Section 6731 et seq.), as amended, for an act incident to
or within the scope of duties of the employee's position of
employment may not exceed $100,000. The limitation on liability
provided by this subsection does not apply to any attorney's fees
or court costs that may be awarded against the professional
employee under Section 22.0517.
Added by Acts 2003, 78th Leg., ch. 1197, Sec. 1, eff. Sept. 1,
2003.
Sec. 22.0516. ALTERNATIVE DISPUTE RESOLUTION. A court in which
a judicial proceeding is being brought against a professional
employee of a school district may refer the case to an
alternative dispute resolution procedure as described by Chapter
154, Civil Practice and Remedies Code.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 15.01, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1197, Sec. 1, eff. Sept. 1, 2003.
Sec. 22.0517. RECOVERY OF ATTORNEY'S FEES IN ACTION AGAINST
PROFESSIONAL EMPLOYEE. In an action against a professional
employee of a school district involving an act that is incidental
to or within the scope of duties of the employee's position of
employment and brought against the employee in the employee's
individual capacity, the employee is entitled to recover
attorney's fees and court costs from the plaintiff if the
employee is found immune from liability under this subchapter.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 15.01, eff. Sept. 1,
2003; Acts 2003, 78th Leg. ch. 1197, Sec. 1, eff. Sept. 1, 2003.
Sec. 22.052. ADMINISTRATION OF MEDICATION BY SCHOOL DISTRICT
EMPLOYEES OR VOLUNTEER PROFESSIONALS; IMMUNITY FROM LIABILITY.
(a) On the adoption of policies concerning the administration of
medication to students by school district employees, the school
district, its board of trustees, and its employees are immune
from civil liability from damages or injuries resulting from the
administration of medication to a student if:
(1) the school district has received a written request to
administer the medication from the parent, legal guardian, or
other person having legal control of the student; and
(2) when administering prescription medication, the medication
is administered either:
(A) from a container that appears to be:
(i) the original container; and
(ii) properly labeled; or
(B) from a properly labeled unit dosage container filled by a
registered nurse or another qualified district employee, as
determined by district policy, from a container described by
Paragraph (A).
(b) The board of trustees may allow a licensed physician or
registered nurse who provides volunteer services to the school
district and for whom the district provides liability insurance
to administer to a student:
(1) nonprescription medication; or
(2) medication currently prescribed for the student by the
student's personal physician.
(c) This section may not be construed as granting immunity from
civil liability for injuries resulting from gross negligence.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 2003, 78th Leg., ch. 1197, Sec. 2, eff.
Sept. 1, 2003.
Sec. 22.053. SCHOOL DISTRICT VOLUNTEERS. (a) A volunteer who
is serving as a direct service volunteer of a school district is
immune from civil liability to the same extent as a professional
employee of a school district under Section 22.0511.
(b) In this section, "volunteer" means a person providing
services for or on behalf of a school district, on the premises
of the district or at a school-sponsored or school-related
activity on or off school property, who does not receive
compensation in excess of reimbursement for expenses.
(c) This section does not limit the liability of a person for
intentional misconduct or gross negligence.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 2003, 78th Leg., ch. 204, Sec. 15.02, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1197, Sec. 3, eff. Sept.
1, 2003.
Sec. 22.054. LIABILITY OF CERTAIN INSTITUTIONS OF HIGHER
EDUCATION. (a) A private or independent institution of higher
education is not liable for damages arising from an act or
omission of a person associated with the institution, including
an employee or student, arising in the course and scope of that
person's activities as a volunteer in a primary or secondary
school.
(b) A school district may agree to provide or pay for attorney
services for the defense of a private or independent institution
of higher education if:
(1) the institution is assisting in the provision of volunteer
services to primary or secondary schools in the district;
(2) a claim for damages is brought against the institution in
relation to those services; and
(3) the board of trustees of the school district reasonably
believes that the institution is not liable for the claim under
Subsection (a).
(c) In this section:
(1) "Private or independent institution of higher education" has
the meaning assigned by Section 61.003.
(2) "Volunteer" means a person rendering services for or on
behalf of a public school who does not receive compensation from
the district in excess of reimbursement for expenses. The person
may receive compensation from a person other than the district.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 22.055. FRIVOLOUS SUIT AGAINST EMPLOYEE. A court may award
costs and reasonable attorney's fees to a school district
employee acting under color of employment to the same extent that
a court may award costs and attorney's fees to a school district
or school district officer under Section 11.161.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
SUBCHAPTER C. CRIMINAL HISTORY RECORDS
Sec. 22.081. DEFINITIONS. In this subchapter:
(1) "Department" means the Department of Public Safety.
(2) "National criminal history record information" means
criminal history record information obtained from the department
under Subchapter F, Chapter 411, Government Code, and from the
Federal Bureau of Investigation under Section 411.087, Government
Code.
(3) "Private school" means a school that:
(A) offers a course of instruction for students in one or more
grades from prekindergarten through grade 12; and
(B) is not operated by a governmental entity.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1372, Sec. 6, eff. June 15, 2007.
Sec. 22.082. ACCESS TO CRIMINAL HISTORY RECORDS BY STATE BOARD
FOR EDUCATOR CERTIFICATION. The State Board for Educator
Certification shall subscribe to the criminal history
clearinghouse as provided by Section 411.0845, Government Code,
and may obtain from any law enforcement or criminal justice
agency all criminal history record information and all records
contained in any closed criminal investigation file that relate
to a specific applicant for or holder of a certificate issued
under Subchapter B, Chapter 21.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1372, Sec. 6, eff. June 15, 2007.
Sec. 22.083. ACCESS TO CRIMINAL HISTORY RECORDS OF EMPLOYEES BY
LOCAL AND REGIONAL EDUCATION AUTHORITIES. (a) A school
district, open-enrollment charter school, or shared services
arrangement shall obtain criminal history record information that
relates to a person who is not subject to a national criminal
history record information review under this subchapter and who
is an employee of:
(1) the district or school; or
(2) a shared services arrangement, if the employee's duties are
performed on school property or at another location where
students are regularly present.
(a-1) A school district, open-enrollment charter school, or
shared services arrangement may obtain the criminal history
record information from:
(1) the department;
(2) a law enforcement or criminal justice agency; or
(3) a private entity that is a consumer reporting agency
governed by the Fair Credit Reporting Act (15 U.S.C. Section 1681
et seq.).
(a-2) A shared services arrangement may obtain from any law
enforcement or criminal justice agency all criminal history
record information that relates to a person who is not subject to
Subsection (a) and whom the shared services arrangement intends
to employ in any capacity.
(b) A private school or regional education service center may
obtain from any law enforcement or criminal justice agency all
criminal history record information that relates to:
(1) a person whom the school or service center intends to employ
in any capacity; or
(2) an employee of or applicant for employment by a person that
contracts with the school or service center to provide services,
if:
(A) the employee or applicant has or will have continuing duties
related to the contracted services; and
(B) the employee or applicant has or will have direct contact
with students.
(c) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1372, Sec. 27,
eff. June 15, 2007.
(d) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1372, Sec. 27,
eff. June 15, 2007.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 20, eff.
Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1372, Sec. 7, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1372, Sec. 8, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1372, Sec. 27, eff. June 15, 2007.
Sec. 22.0831. NATIONAL CRIMINAL HISTORY RECORD INFORMATION
REVIEW OF CERTIFIED EDUCATORS. (a) In this section, "board"
means the State Board for Educator Certification.
(b) This section applies to a person who is an applicant for or
holder of a certificate under Subchapter B, Chapter 21, and who
is employed by or is an applicant for employment by a school
district, open-enrollment charter school, or shared services
arrangement.
(c) The board shall review the national criminal history record
information of a person who has not previously submitted
fingerprints to the department or been subject to a national
criminal history record information review.
(d) The board shall place an educator's certificate on inactive
status for failure to comply with a deadline for submitting
information required under this section.
(e) The board may allow a person who is applying for a
certificate under Subchapter B, Chapter 21, and who currently
resides in another state to submit the person's fingerprints and
other required information in a manner that does not impose an
undue hardship on the person.
(f) The board may propose rules to implement this section,
including rules establishing:
(1) deadlines for a person to submit fingerprints and
photographs in compliance with this section; and
(2) sanctions for a person's failure to comply with the
requirements of this section, including suspension or revocation
of a certificate or refusal to issue a certificate.
(g) The board by rule shall establish a schedule for obtaining
and reviewing the information a certified educator must provide
the board under this section. Not later than September 1, 2011,
the board must obtain all national criminal history record
information on all certified educators. This subsection expires
October 1, 2011.
Added by Acts 2007, 80th Leg., R.S., Ch.
1372, Sec. 9, eff. June 15, 2007.
Sec. 22.0832. NATIONAL CRIMINAL HISTORY RECORD INFORMATION
REVIEW OF CERTAIN OPEN-ENROLLMENT CHARTER SCHOOL EMPLOYEES. (a)
The agency shall review the national criminal history record
information of an employee of an open-enrollment charter school
to whom Section 12.1059 applies in the same manner as the State
Board for Educator Certification reviews certified educators
under Section 22.0831. If the agency determines that, based on
information contained in an employee's criminal history record
information, the employee would not be eligible for educator
certification under Subchapter B, Chapter 21, the agency shall
notify the open-enrollment charter school in writing that the
person may not be employed by the school or serve in a capacity
described by Section 12.1059.
(b) An open-enrollment charter school must provide the agency
with any information requested by the agency to enable the agency
to complete a review under Subsection (a). Failure of an
open-enrollment charter school to provide information under this
subsection is a material violation of the school's charter.
Added by Acts 2007, 80th Leg., R.S., Ch.
1372, Sec. 9, eff. June 15, 2007.
Sec. 22.0833. NATIONAL CRIMINAL HISTORY RECORD INFORMATION
REVIEW OF NONCERTIFIED EMPLOYEES. (a) This section applies to a
person who is not an applicant for or holder of a certificate
under Subchapter B, Chapter 21, and who on or after January 1,
2008, is offered employment by:
(1) a school district or open-enrollment charter school; or
(2) a shared services arrangement, if the employee's or
applicant's duties are or will be performed on school property or
at another location where students are regularly present.
(b) A person to whom this section applies must submit to a
national criminal history record information review under this
section before being employed or serving in a capacity described
by Subsection (a).
(c) Before or immediately after employing or securing the
services of a person to whom this section applies, a school
district, open-enrollment charter school, or shared services
arrangement shall send or ensure that the person sends to the
department information that is required by the department for
obtaining national criminal history record information, which may
include fingerprints and photographs.
(d) The department shall obtain the person's national criminal
history record information and report the results through the
criminal history clearinghouse as provided by Section 411.0845,
Government Code.
(e) Each school district, open-enrollment charter school, and
shared services arrangement shall obtain all criminal history
record information that relates to a person to whom this section
applies through the criminal history clearinghouse as provided by
Section 411.0845, Government Code, and shall subscribe to the
criminal history record information of the person.
(f) The school district, open-enrollment charter school, or
shared services arrangement may require a person to pay any fees
related to obtaining criminal history record information under
this section.
(g) A school district, open-enrollment charter school, or shared
services arrangement shall provide the agency with the name of a
person to whom this section applies. The agency shall obtain all
criminal history record information of the person through the
criminal history clearinghouse as provided by Section 411.0845,
Government Code. The agency shall examine the criminal history
record information of the person and notify the district, school,
or shared services arrangement if the person may not be hired or
must be discharged as provided by Section 22.085.
(h) The agency, the State Board for Educator Certification,
school districts, open-enrollment charter schools, and shared
services arrangements may coordinate as necessary to ensure that
criminal history reviews authorized or required under this
subchapter are not unnecessarily duplicated.
(i) The department in coordination with the commissioner may
adopt rules necessary to implement this section.
Added by Acts 2007, 80th Leg., R.S., Ch.
1372, Sec. 9, eff. June 15, 2007.
Sec. 22.0834. CRIMINAL HISTORY RECORD INFORMATION REVIEW OF
CERTAIN CONTRACT EMPLOYEES. (a) This subsection applies to a
person who is not an applicant for or holder of a certificate
under Subchapter B, Chapter 21, and who on or after January 1,
2008, is offered employment by an entity that contracts with a
school district, open-enrollment charter school, or shared
services arrangement to provide services, if:
(1) the employee or applicant has or will have continuing duties
related to the contracted services; and
(2) the employee or applicant has or will have direct contact
with students.
(b) A person to whom Subsection (a) applies must submit to a
national criminal history record information review under this
section before being employed or serving in a capacity described
by that subsection.
(c) Before or immediately after employing or securing the
services of a person to whom Subsection (a) applies, the entity
contracting with a school district, open-enrollment charter
school, or shared services arrangement shall send or ensure that
the person sends to the department information that is required
by the department for obtaining national criminal history record
information, which may include fingerprints and photographs. The
department shall obtain the person's national criminal history
record information and report the results through the criminal
history clearinghouse as provided by Section 411.0845, Government
Code.
(d) An entity contracting with a school district,
open-enrollment charter school, or shared services arrangement
shall obtain all criminal history record information that relates
to a person to whom Subsection (a) applies through the criminal
history clearinghouse as provided by Section 411.0845, Government
Code. The entity shall certify to the school district that the
entity has received all criminal history record information
relating to a person to whom Subsection (a) applies.
(e) A school district, open-enrollment charter school, or shared
services arrangement may obtain the criminal history record
information of a person to whom this section applies through the
criminal history clearinghouse as provided by Section 411.0845,
Government Code.
(f) In the event of an emergency, a school district may allow a
person to whom Subsection (a) or (g) applies to enter school
district property if the person is accompanied by a district
employee. A school district may adopt rules regarding an
emergency situation under this subsection.
(g) An entity that contracts with a school district,
open-enrollment charter school, or shared services arrangement to
provide services shall obtain from any law enforcement or
criminal justice agency or a private entity that is a consumer
reporting agency governed by the Fair Credit Reporting Act (15
U.S.C. Section 1681 et seq.), all criminal history record
information that relates to an employee of the entity who is
employed before January 1, 2008, and who is not subject to a
national criminal history record information review under
Subsection (b) if:
(1) the employee has continuing duties related to the contracted
services; and
(2) the employee has direct contact with students.
(h) A school district, open-enrollment charter school, or shared
services arrangement may obtain from any law enforcement or
criminal justice agency all criminal history record information
that relates to a person to whom Subsection (g) applies.
(i) An entity shall certify to a school district that it has
received all criminal history record information required by
Subsection (g).
(j) The commissioner may adopt rules as necessary to implement
this section.
(k) The requirements of this section apply to an entity that
contracts directly with a school district, open-enrollment
charter school, or shared services arrangement and any
subcontractor of the entity.
(l) A contracting entity shall require that a subcontracting
entity obtain all criminal history record information that
relates to an employee to whom Subsection (a) applies. If a
contracting or subcontracting entity determines that Subsection
(a) does not apply to an employee, the contracting or
subcontracting entity shall make a reasonable effort to ensure
that the conditions or precautions that resulted in the
determination that Subsection (a) did not apply to the employee
continue to exist throughout the time that the contracted
services are provided.
(m) A contracting entity complies with the requirements of this
section if the contracting entity obtains a written statement
from each subcontracting entity certifying that the
subcontracting entity has obtained the required criminal history
record information for employees of the subcontracting entity and
the subcontracting entity has obtained certification from each of
the subcontracting entity's subcontractors.
(n) A subcontracting entity must certify to the school district,
open-enrollment charter school, or shared services arrangement
and the contracting entity that the subcontracting entity has
obtained all criminal history record information that relates to
an employee to whom Subsection (a) applies and has obtained
similar written certifications from the subcontracting entity's
subcontractors.
(o) A contracting or subcontracting entity may not permit an
employee to whom Subsection (a) applies to provide services at a
school if the employee has been convicted of a felony or
misdemeanor offense that would prevent a person from obtaining
certification as an educator under Section 21.060.
(p) In this section:
(1) "Contracting entity" means an entity that contracts directly
with a school district, open-enrollment charter school, or shared
services arrangement to provide services to the school district,
open-enrollment charter school, or shared services arrangement.
(2) "Subcontracting entity" means an entity that contracts with
another entity that is not a school district, open-enrollment
charter school, or shared services arrangement to provide
services to a school district, open-enrollment charter school, or
shared services arrangement.
Added by Acts 2007, 80th Leg., R.S., Ch.
1372, Sec. 9, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1146, Sec. 6.11, eff. September 1, 2009.
Sec. 22.0835. ACCESS TO CRIMINAL HISTORY RECORDS OF STUDENT
TEACHERS AND VOLUNTEERS BY LOCAL AND REGIONAL EDUCATION
AUTHORITIES. (a) A school district, open-enrollment charter
school, or shared services arrangement shall obtain from the
department and may obtain from any other law enforcement or
criminal justice agency or a private entity that is a consumer
reporting agency governed by the Fair Credit Reporting Act (15
U.S.C. Section 1681 et seq.), all criminal history record
information that relates to:
(1) a person participating in an internship consisting of
student teaching to receive a teaching certificate; or
(2) a volunteer or person who has indicated, in writing, an
intention to serve as a volunteer with the district, school, or
shared services arrangement.
(b) A private school or regional education service center may
obtain from any law enforcement or criminal justice agency all
criminal history record information that relates to a person who
volunteers or has indicated, in writing, an intention to serve as
a volunteer with the school or service center.
(c) A person to whom Subsection (a) or (b) applies must provide
to the school district, open-enrollment charter school, private
school, regional education service center, or shared services
arrangement a driver's license or another form of identification
containing the person's photograph issued by an entity of the
United States government.
(d) A person to whom Subsection (a) applies may not perform any
student teaching or volunteer duties until all requirements under
Subsections (a) and (c) have been satisfied.
(e) Subsections (a) and (c) do not apply to a person who
volunteers or is applying to volunteer with a school district,
open-enrollment charter school, or shared services arrangement if
the person:
(1) is the parent, guardian, or grandparent of a child who is
enrolled in the district or school for which the person
volunteers or is applying to volunteer;
(2) will be accompanied by a school district employee while on a
school campus; or
(3) is volunteering for a single event on the school campus.
(f) A school district, open-enrollment charter school, or shared
services arrangement may obtain from any law enforcement or
criminal justice agency all criminal history record information
that relates to a person to whom Subsection (e) applies.
(g) A school district, open-enrollment charter school, private
school, regional education service center, or shared services
arrangement may require a student teacher, volunteer, or
volunteer applicant to pay any costs related to obtaining
criminal history record information under this section.
Added by Acts 2007, 80th Leg., R.S., Ch.
1372, Sec. 9, eff. June 15, 2007.
Sec. 22.0836. NATIONAL CRIMINAL HISTORY RECORD INFORMATION
REVIEW OF SUBSTITUTE TEACHERS. (a) This section applies to a
person who is a substitute teacher for a school district,
open-enrollment charter school, or shared services arrangement.
(b) A person to whom this section applies must submit to a
national criminal history record information review under this
section.
(c) A school district, open-enrollment charter school, or shared
services arrangement shall send or ensure that a person to whom
this section applies sends to the department information that is
required by the department for obtaining national criminal
history record information, which may include fingerprints and
photographs.
(d) The department shall obtain the person's national criminal
history record information and report the results through the
criminal history clearinghouse as provided by Section 411.0845,
Government Code.
(e) Each school district, open-enrollment charter school, and
shared services arrangement shall obtain all criminal history
record information that relates to a person to whom this section
applies through the criminal history clearinghouse as provided by
Section 411.0845, Government Code.
(f) The school district, open-enrollment charter school, or
shared services arrangement may require a person to pay any fees
related to obtaining criminal history record information under
this section.
(g) A school district, open-enrollment charter school, or shared
services arrangement shall provide the agency with the name of a
person to whom this section applies. The agency shall obtain all
criminal history record information of the person through the
criminal history clearinghouse as provided by Section 411.0845,
Government Code. The agency shall examine the criminal history
record information and certification records of the person and
notify the district, school, or shared services arrangement if
the person:
(1) may not be hired or must be discharged as provided by
Section 22.085; or
(2) may not be employed as a substitute teacher because the
person's educator certification has been revoked or is suspended.
(h) The commissioner may adopt rules to implement this section,
including rules establishing deadlines for a school district,
open-enrollment charter school, or shared services arrangement to
require a person to whom this section applies to submit
fingerprints and photographs in compliance with this section and
the circumstances under which a person may not continue to be
employed as a substitute teacher.
(i) The agency shall establish a schedule for obtaining and
reviewing the information a school district, open-enrollment
charter school, or shared services arrangement and a substitute
teacher must provide under this section. Not later than
September 1, 2011, the agency must obtain all national criminal
history record information on all substitute teachers. This
subsection expires October 1, 2011.
(j) The department in coordination with the commissioner may
adopt rules necessary to implement this section.
Added by Acts 2007, 80th Leg., R.S., Ch.
1372, Sec. 9, eff. June 15, 2007.
Sec. 22.0837. FEE FOR NATIONAL CRIMINAL HISTORY RECORD
INFORMATION. The agency by rule shall require a person
submitting to a national criminal history record information
review under Section 22.0832, 22.0833, or 22.0836 to pay a fee
for the review in an amount not to exceed the amount of any fee
imposed on an applicant for certification under Subchapter B,
Chapter 21, for a national criminal history record information
review under Section 22.0831. The agency or the department may
require an entity authorized to collect information for a
national criminal history record information review to collect
the fee required under this section and to remit the funds
collected to the agency.
Added by Acts 2007, 80th Leg., R.S., Ch.
1372, Sec. 9, eff. June 15, 2007.
Sec. 22.08391. CONFIDENTIALITY OF INFORMATION. (a) Information
collected about a person to comply with this subchapter,
including the person's name, address, phone number, social
security number, driver's license number, other identification
number, and fingerprint records:
(1) may not be released except:
(A) to comply with this subchapter;
(B) by court order; or
(C) with the consent of the person who is the subject of the
information;
(2) is not subject to disclosure as provided by Chapter 552,
Government Code; and
(3) shall be destroyed by the requestor or any subsequent holder
of the information not later than the first anniversary of the
date the information is received.
(b) Any criminal history record information received by the
State Board for Educator Certification as provided by this
subchapter is subject to Section 411.090(b), Government Code.
(c) Any criminal history record information received by the
agency as provided by this subchapter is subject to Section
411.0901(b), Government Code.
(d) Any criminal history record information received by a school
district, charter school, private school, regional education
service center, commercial transportation company, or education
shared services arrangement or an entity that contracts to
provide services to a school district, charter school, or shared
services arrangement as provided by this subchapter is subject to
Section 411.097(d), Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
1146, Sec. 9A.05, eff. September 1, 2009.
Sec. 22.084. ACCESS TO CRIMINAL HISTORY RECORDS OF SCHOOL BUS
DRIVERS, BUS MONITORS, AND BUS AIDES. (a) Except as provided by
Subsections (c) and (d), a school district, open-enrollment
charter school, private school, regional education service
center, or shared services arrangement that contracts with a
person for transportation services shall obtain from any law
enforcement or criminal justice agency all criminal history
record information that relates to:
(1) a person employed by the person as a bus driver; or
(2) a person the person intends to employ as a bus driver.
(b) Except as provided by Subsections (c) and (d), a person that
contracts with a school district, open-enrollment charter school,
private school, regional education service center, or shared
services arrangement to provide transportation services shall
submit to the district, school, service center, or shared
services arrangement the name and other identification data
required to obtain criminal history record information of each
person described by Subsection (a). If the district, school,
service center, or shared services arrangement obtains
information that a person described by Subsection (a) has been
convicted of a felony or a misdemeanor involving moral turpitude,
the district, school, service center, or shared services
arrangement shall inform the chief personnel officer of the
person with whom the district, school, service center, or shared
services arrangement has contracted, and the person may not
employ that person to drive a bus on which students are
transported without the permission of the board of trustees of
the district or service center, the governing body of the
open-enrollment charter school, or the chief executive officer of
the private school or shared services arrangement.
(c) A commercial transportation company that contracts with a
school district, open-enrollment charter school, private school,
regional education service center, or shared services arrangement
to provide transportation services may obtain from any law
enforcement or criminal justice agency all criminal history
record information that relates to:
(1) a person employed by the commercial transportation company
as a bus driver, bus monitor, or bus aide; or
(2) a person the commercial transportation company intends to
employ as a bus driver, bus monitor, or bus aide.
(d) If the commercial transportation company obtains information
that a person employed or to be employed by the company has been
convicted of a felony or a misdemeanor involving moral turpitude,
the company may not employ that person to drive or to serve as a
bus monitor or bus aide on a bus on which students are
transported without the permission of the board of trustees of
the district or service center, the governing body of the
open-enrollment charter school, or the chief executive officer of
the private school or shared services arrangement. Subsections
(a) and (b) do not apply if information is obtained as provided
by Subsection (c).
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 1997, 75th Leg., ch. 1438, Sec. 1, eff.
Sept. 1, 1997.
Sec. 22.085. EMPLOYEES AND APPLICANTS CONVICTED OF CERTAIN
OFFENSES. (a) A school district, open-enrollment charter
school, or shared services arrangement shall discharge or refuse
to hire an employee or applicant for employment if the district,
school, or shared services arrangement obtains information
through a criminal history record information review that:
(1) the employee or applicant has been convicted of:
(A) a felony offense under Title 5, Penal Code;
(B) an offense on conviction of which a defendant is required to
register as a sex offender under Chapter 62, Code of Criminal
Procedure; or
(C) an offense under the laws of another state or federal law
that is equivalent to an offense under Paragraph (A) or (B); and
(2) at the time the offense occurred, the victim of the offense
described by Subdivision (1) was under 18 years of age or was
enrolled in a public school.
(b) Subsection (a) does not apply if the employee or applicant
for employment committed an offense under Title 5, Penal Code
and:
(1) the date of the offense is more than 30 years before:
(A) the effective date of S.B. No. 9, Acts of the 80th