November 22, 2013
TO THE ADMINISTRATOR ADDRESSED:
SUBJECT: Fingerprinting Requirement: Applicable to
The purpose of this letter is to remind all entities that
receive grant funds administered by the Texas Education Agency (TEA) that they
are required to comply with the fingerprinting requirement codified in Chapter
22, Subchapter C, of the Texas Education Code (TEC). TEA is prohibited from awarding
grant funds to any entity, including nonprofit organizations, that fails to
comply with this requirement.
In 2007, the 80th Texas Legislature passed Senate
Bill 9, which requires a variety of personnel having contact with students to
be fingerprinted in order to make their criminal history records available to
the State Board of Educator Certification (SBEC) and/or TEA, as appropriate.
Senate Bill 9 was codified in the TEC, Chapter 22, Subchapter
C, Criminal History Records.
A grant agreement is a contract. In terms of its grantees,
TEA is subject to the same fingerprinting requirements that apply to the
contractors of an LEA or SSA. Therefore, also per TEC §22.0834, the fingerprinting
requirement applies to any person offered employment by any entity that
contracts with TEA or receives grant funds administered by TEA (i.e., a grantee
or subgrantee). See the attachment for detailed information about how the
requirement applies to different entity types.
Fingerprinting Information and Support
for Texas Educators and School District Personnel page of the TEA website
provides comprehensive information about the fingerprinting requirement.
Grantees should refer in particular to the Instructions for Contractors
document, posted under the Information for School District Contractors link on
With any further questions about compliance with the
fingerprinting requirement, grantees should contact the program manager or
division. Refer to the program guidelines of the RFA (in the Contact for
Clarifying Information section) and in the Contact Information section of the TEA
Grant Opportunities page for the program manager or division contact
With questions about this letter, contact the Division of
Grants Administration at email@example.com.
Cory Green, Chief Grants Administrator
Division of Grants Administration