Background Checks, Fingerprinting, and Hiring Compliance Requirements
Overview
Texas law requires background checks for many individuals who work in or around Texas public schools. These requirements help protect students and ensure that people working in school settings meet legal safety and eligibility standards. This page explains background check and fingerprinting requirements, how those checks support safe hiring decisions, and related annual certification and affidavit obligations for school districts and charter schools.
Why Background Checks Are Required
Students interact daily with educators, staff, contractors, and service providers. Background check laws exist to:
- Protect students from individuals who may pose a safety risk
- Ensure consistent hiring standards across Texas public schools
- Prevent individuals with disqualifying conduct or criminal history from working on campuses
Background checks are one part of a broader set of employment eligibility safeguards, which also include mandatory disclosures, investigations, disciplinary actions, and tools such as the Do Not Hire Registry.
Types of Background Checks
Fingerprint‑Based Background Checks
Fingerprint‑based background checks are national criminal history checks conducted through the Texas Department of Public Safety (DPS) and the Federal Bureau of Investigation (FBI).
These checks are required for individuals who are likely to have direct, ongoing contact with students.
Name‑Based Background Checks
Name‑based background checks are state‑level reviews based on a person’s name and date of birth.
These checks apply to limited categories of individuals who are not required to be fingerprinted under Texas law.
Who Must Complete Fingerprinting
Fingerprinting requirements vary based on role and hiring date, but commonly apply to:
- Certified educators and certification applicants
- Substitute teachers
- Non‑certified school employees hired on or after January 1, 2008
- Contractors and service providers who have direct, ongoing contact with students
More detailed role‑specific guidance is available: Fingerprinting for Employees, Applicants, and Contractors.
Affidavit Requirements for Hiring
Texas law requires a Pre‑Employment and Pre‑Service Affidavit (Texas Education Code § 22A.055) for any individual applying for employment with, or serving as a service provider for, an educational entity.
This requirement applies to:
- Teachers
- Administrators
- All other school employees
- Contractors and service providers
As part of the affidavit, applicants must disclose whether they have:
- Been investigated, charged, or convicted for certain misconduct involving students
- Been investigated or sanctioned by a licensing authority
- Been listed on the Do Not Hire Registry
If an applicant answers “yes” to any question, they must provide relevant factual details.
Approved Affidavit Forms
The Texas Education Agency (TEA) provides approved affidavit forms in English and Spanish.
Educational entities may:
- Use either a notarized affidavit or an unsworn declaration
- Rekey the form for use in local hiring or onboarding systems
Legal Consequences
Failure to disclose required information is a Class B misdemeanor.
In certain circumstances, the State Board for Educator Certification (SBEC) may take disciplinary action against an administrator who knowingly employs or accepts services from a person who submitted false or incomplete affidavit information.
Annual Hiring Compliance Certification
Each year, Texas school districts and open‑enrollment charter schools must certify that they are complying with all background check requirements.
This certification confirms that:
- Required background checks have been completed
- Contractors working around students have been properly screened
- Individuals with disqualifying criminal history are not employed or allowed on campus
Who Submits the Certification
Certification is submitted by:
- Superintendents of public school districts
- Chief operating officers of open‑enrollment charter schools
Some school systems may have completed required background checks but failed to submit the certification form. Each year, TEA tracks and follows up on these cases to ensure full compliance.