SB 9- Fingerprinting Clarification Contracted Employees/ Employees of CBO’s/ Non-profits:
•Contractor employees (with direct unsupervised contact with students) hired by the contractor after 1/1/08, require a fingerprint-based criminal history, unless they do not have “continuing duties.”
•TEC 22.0834 does not define “continuing duties” – however the rules TEA adopted to help interpret the statute provide the following: “Continuing duties related to contracted services--Work duties that are performed pursuant to a contract to provide services to a school entity on a regular, repeated basis rather than infrequently or one-time only.” 19 TAC 153.1101(2).
Volunteers
•TEC 22.0835- Volunteers are only required to have a name-based criminal history.
One-time Events
•Employees (vendors) hired for a one-time event (even if they have direct unsupervised contact with students) should require only a name-based criminal history.
•Staff members should be present at all times with vendors hired for one-time events.
