The Statute from Senate Bill 9 passed by the 2007 Texas Legislature can be found in the Texas Education Code. Rules passed by TEA to help clarify school contractor criminal history and fingerprinting requirements appear in the Texas Administrative Code.
19 TAC 153.1101
In accordance with the Texas Education Code (TEC) 22.0834:
- A contractor (entity or individual) that provides services to a school district/charter school, and has direct contact with students, must be fingerprinted before beginning work.
- The contractor shall certify to the school district/charter school that it is in compliance with the fingerprinting laws. The school district/charter school may review the background check results for contracted employees in the DPS FACT Clearinghouse as provided by Section 411.0845, of the Government Code.
- Additionally, a subcontractor must certify to the school district/charter school and to the contracting entity that the subcontractor has fingerprinted all individuals providing services to the district under the terms of the contract.
- The school district/charter school may request additional information from a contractor in order to verify that the fingerprinting has been completed.
Instructions for the Contractors are provided through the Texas Department of Public Safety:
Instructions to Contractors