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Requirements for School District Contractors

To ensure the safety and wellbeing of public school students in Texas, TEA is committed to helping school districts and charter schools understand how to apply state background check laws to contractors and subcontractors.

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Contractors or subcontractors are required to complete a fingerprint background check if they meet the following criteria.

Provide continuing services and have direct contact with students.

Continuing services: The contractor’s work duties are performed on a regular, continuing, or repeated basis rather than infrequently or one-time only.

Direct contact: The contractor has an opportunity for verbal or in person interaction with a student and is not supervised by a certified educator or district employee. Coaches and tutors are examples of contractors who have continuing, direct, and unsupervised contact with students.

Contractors or subcontractors are not required to complete a fingerprint background check by a school district or charter school if they meet any of the following criteria.

Do not provide continuing services and do not have direct, unsupervised interaction with students.

Addressing an assembly, officiating a sporting event, or judging an extracurricular competition are examples of services that are not required for the fingerprinting process.

Has been determined eligible by the Texas Department of Public Safety (DPS) as a meeting criteria for the National Child Protection Act (NCPA) and thus qualifying as a “qualified school contractor.”

It’s important to note that DPS makes the sole determination of who meets NCPA criteria. If determined eligible by DPS, qualified school contractors (QCs) must have received national criminal history record information for their employees; however, districts and charter schools will not have access to these results. Districts and charter schools have the right to accept background check certification from a QC or to require the QC contractor to be fingerprinted with the LEE Pass. 

Are a public work contractor and meet the following conditions for construction of existing or new facilities.

Existing facilities: The contractor will not work in an area used for teaching curriculum. Or, if work is required in an area used for teaching curriculum, sanitary facilities for the construction crew will be separated from areas used by students and secured by a barrier fence that is at least six feet high. The contractor will also adopt and enforce a policy prohibiting employees and subcontractors from interacting with students or entering areas used by students.

New facilities: Construction will be completed at least seven days prior to the first date the facility will be used for instructional purposes.

Most contractors requiring a fingerprint background check by a school district or charter school will use the LEE FAST Pass. (LEE = Local Education Entity; FAST = Fingerprint Applicant Services of Texas) 

The LEE FAST Pass allows school districts and charter schools to conduct background checks on contractors to ensure the safety and security of students. LEE FAST Pass results are available through DPS’ FACT Clearinghouse (Fingerprint-based Application Clearinghouse of Texas), which is a repository of DPS and FBI fingerprint-based criminal history results. 

The LEE FAST Pass can be used for contractors who meet the following criteria: 

  • Non-QCs who will provide continuing services and have direct contact with students. 
  • Public work contractors who do not meet the criteria for construction of new or existing facilities. 
  • QC contractors in instances when districts and charter schools want access to their employees’ criminal history records.

IMPORTANT:

  • Schools may request access to a LEE FAST Pass or the FACT Clearinghouse by calling DPS at 512-424-2474, Option 1. 
  • Required verification of subscription.  To ensure compliance with the FBI, DPS requests that school districts and charter schools review their Clearinghouse subscriptions to determine if the subscriptions are needed. DPS will provide further instructions and guidance on how to review subscriptions. Please contact the DPS Fingerprint Services Unit  by email at fingerprint.service@dps.texas.gov or by phone 512-424-2474 – Option 6 for any questions or concerns about this process. 
  • The LEE FAST Pass cannot be used for substitute teachers who are contracted through a staffing agency. These individuals must be printed through TEA. 
  • Contractors only need to fingerprint once under the LEE FAST Pass. If a contractor fingerprinted previously with another school district or charter school, those results will be available in the DPS’ FACT Clearinghouse. 
  • At a district or charter school’s discretion, the LEE FAST Pass can also be used to fingerprint non-contractors who meet the following criteria:
    1. Were fingerprinted previously through TEA but need to be reprinted to access FBI results in DPS’ FACT Clearinghouse.
    2. Were fingerprinted prior to June 1, 2015 but need to be reprinted to be enrolled in the FBI's Rap Back Service, which notifies districts and charter schools of new criminal activity where fingerprints are taken, as well as any previously unreported criminal activity.

Prohibition of engaging services with contractors, who have certain criminal history.

School law prohibits anyone who meets the following criteria from working in schools.

  • A person on the DPS sex offender registry.

The DPS FACT Clearinghouse clearly labels individuals on the sex offender registry.

  • A person convicted of a Title V felony against a victim who was under 18 at the time of the offense.

Title V felonies include criminal homicide; kidnapping, unlawful restraint, and smuggling of persons; trafficking of persons; sexual offenses; and assaultive offenses.

It is up to the discretion of school districts and charter schools whether to hire contractors who have committed other criminal offenses. TEA does not adjudicate criminal history determinations for contractors.

The guidance is developed in accordance with the following legislation and statutes from the Texas Education Code (TEC), Texas Administrative Code (TAC), and Texas Government Code (TGC).

  • HB 4123: Legislative Session 88(R), Effective June 13, 2023
  • TEC: Chapter 22 School District Employees and Volunteers, Sec. 22.0834. Criminal History Record Information Review of Certain Contract Employees
  • TAC: Title 19 Education, Chapter 153 School District Personnel, Subchapter DD Criminal History Record Information Review, Rule §153.1101(7) Definitions
  • TGC: Chapter 411 Department of Public Safety of the State of Texas, Sec. 411.12505. Access to Criminal History Record Information: Qualified School Contractors
  • TGC: Chapter 411 Department of Public Safety of the State of Texas, Sec. 411.097. Access to Criminal History Record Information: Local and Regional Educational Entities
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